R22-075 1 RESOLUTION R22-075
2
3 A RESOLUTION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, RATIFYING THE AGREEMENT
5 BETWEEN THE CITY OF BOYNTON BEACH,
6 FLORIDA AND THE INTERNATIONAL
7 ASSOCIATION OF FIREFIGHTERS, LOCAL 1891
8 FOR THE PERIOD OF OCTOBER 1, 2022 THROUGH
9 SEPTEMBER 30, 2025, AND AUTHORIZING AND
10 DIRECTING THE INTERIM CITY MANAGER TO
11 SIGN THE AGREEMENT; AND PROVIDING AN
12 EFFECTIVE DATE.
13
14 WHEREAS, the City of Boynton Beach and the International Association of
15 Firefighters, Local 1891 have successfully concluded negotiations for a three (3) year
16 contract; and
17 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
18 the best interests of the residents and citizens of the City to ratify the Collective Bargaining
19 Agreement and execute the same.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
21
22 OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
23
24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
25 ratified and confirmed by the City Commission.
26 Section 2. The City Commission of the City of Boynton Beach, Florida does
27 hereby ratify the Agreement between the City of Boynton Beach and the International
28 Association of Firefighters, Local 1891 for the period of October 1, 2022 through
29 September 30, 2025, and authorizes and directs the Interim City Manager to sign the
30 Agreement, a copy of said agreement being attached hereto as Exhibit "A".
31 Section 3. This Resolution will become effective immediately upon passage.
32
S:\CA\RESO\Agreements\CBA Ratifications\IAFF CBA 2022-25-Reso.docx
33 PASSED AND ADOPTED this 6th day of June, 2022.
34
35 CITY OF BOYNTON BEACH, FLORIDA
36
37 YES NO
38
39 Mayor—Ty Penserga
40
41 Vice Mayor—Angela Cruz ✓
42
43 Commissioner—Woodrow L. Hay
44
45 Commissioner—Thomas Turkin
46 /
47 Commissioner—Aimee Kelley ‘,/
48
49
50 VOTE .6 -0
51
52 A T:
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57 City Cler ; V 2 SEAL ' '
58 1 INCORPORATED:
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62
S:\CA\RESO\Agreements\CBA Ratifications\IAFF CBA 2022-25-Reso.docx
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
CITY OF BOYNTON BEACH, FLORIDA
AND
BOYNTON BEACH ASSOCIATION OF FIRE FIGHTERS FLORIDA LOCAL 1891
OF THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, CLC
October 1, 2022 through September 30, 2025
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Ratified by the Union:
Ratified by the Commission:
TABLE OF CONTENTS
Article 1 Preamble 1
Article 2 Recognition 2
Article 3 Non-Discrimination 3
Article 4 Payroll Deduction of Dues 4
Article 5 Union Time Pool 5
Article 6 Representation of the Union 6
Article 7 Representation of the City 7
Article 8 Modification of Conditions 8
Article 9 Hours of Work 10
Article 10 Working Conditions 11
Article 11 Uniform and Safety Equipment .12
Article 12 Annual Occupational Fitness Evaluations 14
Article 13 Group Insurance 17
Article 14 Legal Defense 19
Article 15 Wages 20
Article 16 Callback, Overtime, & Mandatory 22
Article 17 Exchange of Time 23
Article 18 Sick Leave 25
Article 19 Compassionate Leave 28
Article 20 Vacation 29
Article 21 Personal Time 30
Article 22 Holidays 31
Article 23 Court Time 32
Article 24 Working Out of Classification 33
Article 25 Education 34
Article 26 Educational Supplemental Compensation 35
Article 27 Assignment Pay 36
Article 28 License and Registration 38
Article 29 Seniority List & Time-In-Grade 39
Article 30 Vacancies & Promotions 40
Article 31 Bulletin Boards & Meeting Rooms 43
Article 32 Notification & Distribution 44
Article 33 Grievance & Arbitration 45
Article 34 Prevailing Rights 49
Article 35 Saving Clause 50
Article 36 Appendices, Amendments, & Additions 51
Article 37 Successors 52
Article 38 Compensatory Time 53
Article 39 Management Rights 54
Article 40 Supplemental Retirement Insurance 55
Article 41 Collateral Documents 57
Article 42 Pension 58
Article 43 Drug Free Workplace 59
Article 44 Wellness & Fitness Program 60
Article 45 Modified Work/ Light Duty 61
TABLE OF CONTENTS
Article 46 Discipline & Performance Management 63
Article 47 Seat Assignment ..67
Article 48 Duration 68
Addendum "A" Drug Free Workplace Policy 69
Addendum "B" Career Ladder 82
Addendum "C" Tuition Assistance Program 85
Addendum "D" Pay Plan 86
Agreement Signature Page 87
ARTICLE 1- PREAMBLE
This Agreement is entered into by the City of Boynton Beach, a municipal corporation
(hereinafter referred to as the "City,") and the Boynton Beach Association of Fire fighters
Florida Local 1891, of the International Association of Fire Fighters, (hereinafter referred to
as the"Union,") which has as its purpose:The promotion of harmonious relations between
the City and the Union; for the establishment of an equitable and peaceful procedure
for the resolution of differences; the prevention of interruptions of work and interference
with the operations of the City; to encourage and improve efficiency and productivity;
to maintain the highest standards of personal integrity and conduct at all times; and the
establishment of an entire agreement covering hours, wages, benefits, and terms and
conditions of employment applicable to bargaining unit members.
Therefore, in consideration of the mutual provisions and agreements contained in this
Agreement, the City and the Union agree as follows:
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October 1, 2022-September 30, 2025 Union City
ARTICLE 2- RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining agent,for the purpose
of establishing wages, hours, and terms and conditions of employment pertaining to the
regular, full-time positions of Firefighter, Operator Engineer, Lieutenant, Captain, and
Battalion Chief, which require possession and maintenance of Florida Firefighter
Certification and Florida Emergency Medical Technician Certification or Florida
Paramedic Certification.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 3 -NON-DISCRIMINATION
A. Neither the City nor the Union shall discriminate against any bargaining unit
member in a manner prohibited by law based on race, age, religion, color,
gender, gender identity or expression, sexual orientation, national origin, marital
status, physical or mental disability, or any other unlawful factor.
B. Alleged violations of this Article shall not be subject to the grievance and/or
arbitration procedure established herein.
C. No bargaining unit member shall be discriminated against,intimidated,restrained,
or coerced in the exercise of any rights granted by this Agreement, or in the
exercise of any Union and/or protected concerted activities. The sole remedy for
charges in Article 3A is the filing of an Unfair Labor Practice (ULP).
D. Bargaining unit members have an affirmative duty to report any discriminatory
conduct to the City's Director of Human Resources and Risk Management.
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October 1, 2022-September 30, 2025 Union City
I
ARTICLE 4 -PAYROLL DEDUCTION OF DUES
A. The City will deduct, once each pay period, dues in an amount certified to be
current by the Treasurer of the Union from the pay of those bargaining unit
members 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 thirty (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 one hundred dollars ($100.00) per contract year.
B. Any bargaining unit members may revoke their dues deductions to withdraw from
membership by forwarding their intentions to the Union Treasurer in writing. The
Union Treasurer shall be responsible for notifying the City's Finance Department of
such revocation.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 5 -UNION TIME POOL
A. For the purpose of allowing officers of the Union or their designees to conduct
Union business and attend Union functions, a Union Time Pool is established. Each
contract year the City will credit the Union Time Pool with two hundred forty (240)
hours of time to be used in increments of two (2) hours or more.
B. Between September 1st and September 15th of each contract year,four (4) hours
of time shall be credited to the Union Time Pool from each union members
accumulated vacation time and subsequently used permit designated Union
representatives to attend Union functions. If a union member decided not to
donate to the Union Time pool or chooses to donate more than four (4) hours,then
that member must elect to do so by September 1 sr of each contract year using
the designated form in ;_ _: All donated time will be calculated and banked
on an hour-to-hour basis. An accurate list of those bargaining unit members
donating to this time pool shall be maintained by the Union President and the Fire
Department's Administrative Payroll Associate; a copy of which will be provided
to the Fire Chief. Only those bargaining unit members donating time shall be
eligible to work in the absence of a Union Representative who is benefiting from
this Article. It shall be the Union President's responsibility to coordinate with the Fire
Chief (or Designee) the provisions of coverage and replacement of Union
Representatives attending an approved function.
C. All requests to use this time are subject to daily staffing requirements and must be
submitted for approval by the Fire Chief (or Designee) at least forty-eight (48) hours
in advance of the requested date of use. The on-duty Battalion Chief may
consider verbal emergency requests by the Union President (or Designee). A
maximum of four (4) Union Representatives may be allowed time off and each
must follow departmental procedure when applying for time off using Union Time
Pool hours. When scheduled use of Union Time Pool hours results in overtime for
another bargaining unit member, the Union Time Pool will be charged at (drawn
down by) time and one-half (1.5) so that a bargaining unit member's absence is
cost neutral to the City.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 6 - 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 in writing to the City Manager by the President of the Union.
The identification of representatives shall be made each year prior to April 1st. The
President of the Union, or the person or persons designated by the Union 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. 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 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 responsibility of the Union
to notify the City Manager in writing of any change in the designation of the President or
any certified representative of the Union.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 7 - 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 a collective bargaining agreement on behalf of the City. The City
representative or representatives are the official representatives of the City for the
purpose of negotiating with the Union. Negotiations entered 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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October 1, 2022-September 30, 2025 Union City
ARTICLE 8 -MODIFICATION OF CONDITIONS
A. Fire Rescue Operational Rules and Regulations:
1. Bargaining unit members shall comply with all Fire Rescue Operational Rules
and Regulations, including those relating to conduct and work
performance. The City may abolish, adopt, or amend Operational Rules
and Regulations necessary for the safe, orderly, and efficient operation of
the Fire Rescue Department. A Committee on Rules and Regulations is
established for the Fire Rescue Department. This Committee is comprised
of six (6) members: three (3) appointed by the City and three (3) members
of the Union Executive Board. This Committee shall be charged with the
duty of reviewing the published and proposed Fire Rescue Operational
Rules and Regulations and issuing advisory opinions to the Fire Chief. This
Committee shall meet as needed.
2. Except in instances of emergency situations, in which delaying a change
would result in likely harm to others or impending liability to the City as a
result of the exiting Rule or Regulation, the City will provide the Committee
with at least fifteen (15) calendar days of prior notice, before the effective
date of any changes to the department's Operational Rules and
Regulations. Deviations from Operational Rules and Regulations required
as a result of an emergency situation shall be reviewed by the Committee
on Rules and Regulations within ninety (90) calendar days of the
emergency.
B. Modification of Conditions:
1. When the City intends to make changes to City or Departmental
Administrative Rules or Regulations, Policies, or Guidelines, the City will
provide written notice to the Union. The notice will include a description
of the change and an implementation date, which shall be no less than
thirty (30) calendar days from the date of notice.
2. If the Union believes that the modification constitutes a change to
wages, benefits, or terms and conditions of employment, then the Union
will have fifteen (15) calendar days from the date of notice to advise
the City in writing that the Union is requesting pre-implementation or
post-implementation impact bargaining. Such written request shall
identify with specificity the manner in which the modification affects the
rights of bargaining unit members. The request shall also include three
(3) dates and times when the Union is available to meet with the City to
discuss/bargain the modification. When bargaining is requested, it shall
begin no less than five (5) calendar days following the Union's request
and shall be concluded within thirty (30) calendar days following the
first bargaining session. Unless otherwise agreed to by the City and the
Union during their bargaining, the implementation date of change shall
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October 1, 2022-September 30, 2025 Union City
ARTICLE 8 -MODIFICATION OF CONDITIONS
take effect as initially announced by the City,subject to the Union's right
to continue impact bargaining.
3. This provision is not a waiver, restraint, or limitation on the City's
Management Rights, including to unilaterally determined the purpose
of its departments, to set standards of services to be offered to the
public, and to exercise control and discretion over its organization and
operations, nor is it a waiver, restraint, or limitation on the Union's right to
bargain pursuant to Chapter 447, Florida Statute
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October 1, 2022-September 30, 2025 Union City
ARTICLE 9 - HOURS OF WORK
A. Bargaining unit members are regularly scheduled to work twenty-four (24) hour
shifts and may be referred to in this Agreement as "shift" members. A shift
schedule for the term of this Agreement is defined as follows:
1. Effective 10/01/2022: Forty-eight (48) hour work week with one (1) shift on
duty and two (2) shifts off duty and with one twenty-four (24) hour Kelly Day
off during a twenty-one (21) day work schedule. The shift on duty is from
7:30 a.m. (0730) to 7:30 a.m. (0730) the following day.
2. Effective the first day of a work cycle beginning on or after January 1, 2023:
An average of a forty-two (42) hour work week with one (1) shift on duty
and three (3) shifts off duty with no Kelly day, commonly referred to as a
24/72 schedule. The shift on duty is from 7:30 a.m. (0730) to 7:30 a.m. (0730)
the following day. The day of the implementation may be modified by
mutual agreement between the Union President and the Fire Chief.
B. Bargaining unit members assigned by the Fire Chief (or Designee) on a temporary
basis to an alternate schedule in order to accomplish special projects or special
assignments, may be placed on a forty (40) hour work week; the members payrate
shall not be adjusted: however, the City will provide up to:
1 . Effective 10/01/2022: Eight (8) hours (1.6 hours per day, not to be
fractionalized) of straight time in each workweek so that the members who
are working forty (40) hour weekly schedule will have the opportunity to
maintain forty-eight (48) hours of pay in the workweek.
2. Effective upon full implementation of the 24/72 schedule: Two (2) hours (0.4
hours per day, not to be fractionalized) of straight time in each workweek
so that the members who are working forty (40) hour weekly schedule will
have the opportunity to maintain forty-two (42) hours of pay in the
workweek.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 10- WORKING CONDITIONS
A. Bargaining unit members may be needed at any time to fight fires and/or render
emergency medical care, and, to do so effectively, they need to be constantly
prepared. They must be ready to respond immediately to calls for service.
Continual training and equipment maintenance are required to ensure that the
desired response effectiveness is attained.
B. The Union supports and participates in training, equipment maintenance, fire
prevention programs, emergency medical service programs, and public
education programs, which have as their goal, the increased efficiency of the
City's fire protection and emergency medical service
C. Bargaining unit members will perform routine station maintenance. Routine station
maintenance is defined as any type of maintenance that is required to be done
on a scheduled basis, such as window cleaning, kitchens, living facilities, vehicles,
and safety equipment
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October 1, 2022-September 30, 2025 Union City
ARTICLE 11 - UNIFORMS AND SAFETY EQUIPMENT
A. The City provides Fire Rescue Department personnel with uniforms, on an as-
needed basis. The initial uniform allocation includes - Class "A" uniform, uniform
shirts, uniform pants/shorts, ball caps, T-shirts, Belt, gym shorts, work jackets, job
shirts, and patches as needed. Current placement of patches will apply.
B. Each bargaining unit member will receive a shoe allowance in the amount of one
hundred seventy-five dollars ($175.00), less applicable taxes, in the second
paycheck in January. Bargaining unit members are required to wear shoes/boots
that comply with department safety and uniform guidelines set forth in a Fire
Department Policy.
C. Uniforms, excluding initial allocations, may be acquired on an "as-needed" basis
through an allowance allotment system. Each fiscal year of this contract,
bargaining unit members shall receive up to four hundred dollars ($400.00) worth
of uniforms, excluding shoes/boots.
D. Initial allocations of uniforms, excluding shoes/boots, will be provided to
bargaining unit members as determined necessary by the Fire Chief (or Designee).
E. The City shall provide members of the Technical Rescue and Dive Teams with any
specialized uniform(s) and personal protective equipment (PPE) needed to
perform the functions of those respective teams.
F. All Personal Protective Equipment (PPE), as outlined in the Fire Rescue Department
regulations, shall be furnished as necessary to bargaining unit members by the
City. The title to such equipment shall remain with the City, with the exception of
a bargaining unit member who has retired, who has the option to keep his/her
badges and structural helmet. 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 a Firefighter
needs a replacement of fire-fighting Personal Protective Equipment, (s)he shall
submit such request in writing through the chain of command. The Fire Rescue
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 promptly initiate the replacement of the item. The City shall notify the
bargaining unit member of the approximate time the replacement item will arrive
and will notify the member if the arrival will be delayed due to extenuating
circumstances.
G. The City will arrange for the repair or replacement of a bargaining unit member's
uniform or work clothing that is damaged, at no fault of the member, during the
member's performance of his/her job duties. In such instances, the facts and
circumstances must be documented at the time of the incident.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 11 - UNIFORMS AND SAFETY EQUIPMENT
H. Damage to items such as prescription optical aids and dentures are considered
"injuries" through Workers' Compensation only when the damage is shown to be
part of, or in conjunction with an accident, in which the damage specifically
occurred as the result of an accident in the normal course of employment. In such
instances, the facts and circumstances shall be documented on a Supervisor
Incident Report (SIR) with a copy to Risk@bbfl.us within forty-eight (48) hours of the
incident. Otherwise, the City is not responsible for the loss or damage to a
bargaining unit member's personal property, which (s)he elects to wear, carry,
bring to, or leave at work.
I. Bargaining unit members may be responsible for expenses incurred in replacing
lost, misplaced, and/or damaged safety gear and/or clothing due to personal
negligence or intentional misuse, which is subject to review and recommendation
to the Fire Chief by the Labor-Management Team.
J. All Fire Rescue department-issued uniforms and equipment will be used exclusively
while on duty or at scheduled departmental sanctioned events as determined by
the Fire Chief.
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October 1, 2022-September 30, 2025 Union City
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0
ARTICLE 12-ANNUAL OCCUPATIONAL FITNESS EVALUATIONS
A. Physical Evaluation:
1. Due to the importance of certification of fitness for duty, bargaining unit
members are required to attend and participate in an annual
occupational fitness evaluation as scheduled, which is conducted in
accordance with the standards set forth in the most current edition of
N.F.P.A. 1582 and as adapted and approved by the Labor-Management
Team. Bargaining unit members will schedule this annual occupational
exam on a seniority basis through the Fire Department's designated
Administrative personnel. This annual evaluation is mandatory. The
evaluation is performed off duty with compensation equaling three (3)
hours at a rate of one and a half (1.5) times the bargaining unit member's
hourly rate of pay.
2. It is the responsibility of the bargaining unit member to ensure that this
annual physical evaluation and all follow-up testing required solely as a
result of being found "unfit for duty" are completed in a timely manner and
as scheduled. Efforts will be made to allow for the scheduling of this follow-
up testing to be performed on duty.
3. Failure to attend, and/or participate in the annual occupational fitness
evaluation as required will result in the bargaining unit member being
placed on a "no work" status until the evaluation is complete.
Compensation for time in a "no work" status will be through the use of only
accrued and unused sick leave, compensatory time, and vacation leave
(in that order). If all aforementioned leave time is exhausted, the
bargaining unit member will be placed in an unpaid status until such time
that the full evaluation and any required follow up is completed.
4. For the term of this Agreement, the City will contract with a qualified
medical provider to perform the annual occupational fitness evaluation.
October 1, 2023 through September 30, 2025 the City intends to use
LifeScan as its provider for these services;however,the actual provider may
be modified by mutual agreement between the Fire Chief and Union
President. Records associated with this physical evaluation and any follow
up evaluations required solely in connection with the return to work of an
employee who was found to be "unfit for duty"are provided to the Director
of Human Resources and Risk Management, who will ensure the records
are properly maintained in the employee's confidential medical file,which
is separate from the employee's personnel file. Further, an employee who
was found to be "unfit for duty," or who was recommended for referral to
another medical provider, may be contacted by Human Resources and
Risk Management regarding ADAAA, FMLA, and/or Workers'
Compensation.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 12-ANNUAL OCCUPATIONAL FITNESS EVALUATIONS
B. Immunizations:
1. Whenever any standard, medically recognized vaccine or other form of
immunization or prophylaxis exists for the prevention of a communicable
disease for which a presumption is granted pursuant to Florida Statute
112.181, if medically indicated in the given circumstances pursuant to
immunization policies established by the Advisory Committee on
Immunization Practices of the United States Public Health Service, the City
may require bargaining unit members to undergo the immunization or
prophylaxis unless the member's physician determines in writing that the
immunization or other prophylaxis would pose a significant risk to the
member's health. Absent such written declaration, failure or refusal by a
bargaining unit member to undergo such immunization or prophylaxis
disqualifies the member from the benefits of the presumption that the
communicable disease was contracted while on duty.
2. The City will reinstate a member's leave time taken for recovery if that
member contracts a disease that is covered under a Declaration of
Emergency by the State of Florida and the member is vaccinated against
such disease, if such vaccination exists. In order to receive reinstatement
of time, proof of contraction (in the form of a Lab Result from a medical
facility) must be submitted to Human Resources and Risk Management by
email to: rALAgbbtl.u:
3. The City shall provide an immunization schedule during the term of this
Agreement for all members as a means of protection from the following:
i. Hepatitis-Type B: Offered to all bargaining unit members. 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.
ii. Hepatitis-Type A: Offered to all bargaining unit members. Members
who refuse to be immunized for Hepatitis Type A and who later
contract that disease shall not be presumed to have contracted the
disease while on duty.
iii. The City shall offer flu shots for all members as a means of protection
from contracting the flu while working during flu season.
iv. The City shall offer immunizations that are approved by the Federal
Drug Administration and are readily available for any disease that is
under a Declaration of Emergency by the State of Florida.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 12-ANNUAL OCCUPATIONAL FITNESS EVALUATIONS
C. Exposures:
1 . It shall be mandatory for the City to notify the bargaining unit member
when documentation exists that the bargaining unit member was
significantly exposed to a communicable disease in the line of duty only
after such documentation is brought to the attention of the City. Certain
exposures, pursuant to Florida Statute 112.181 (2), shall be presumed to
have a disability suffered in the line of duty, unless the contrary is shown by
competent evidence; however, in order to be entitled to the presumption,
the member must, by written affidavit as provided in Florida Statute 92.50
must verify information in such written declaration.
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October 1, 2022-September 30, 2025 Union City
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ARTICLE 13-GROUP INSURANCE
A. Medical, Dental, and Vision:
1. The sole medical benefit plan available to bargaining unit members is a
High Deductible Health Plan (HDHP). The premium cost for "employee
only" coverage for the HDHP medical, dental, and vision insurance
premiums shall be paid for all bargaining unit members while employed by
the City. Bargaining unit members will pay the full cost of HDHP medical,
dental, and vision insurance for their dependents. The City Commission,
through the Annual Budget process, may appropriate funds to subsidize
employees' premium costs for employees who cover dependent children
on their medical plans. Any subsidy offered does not extend beyond the
plan year for which it is budgeted, and the offering of, and/or amount of,
any such subsidy is not subject to negotiation.
2. Types of coverage currently in effect during a plan year shall not be
reduced during that same plan year. The Union may designate one (1)
bargaining unit representative to participate on the evaluation committees
for any RFPs related to employee group medical insurance.
B. Plan Year:
1. One (11: October 1, 2022-September 30, 2023
2. Two (21: October 1, 2023-September 30, 2024
3. Three(3): October 1, 2024-September 30, 2025
i. HSA Contributions:
• The City will contribute an annualized total of one thousand
dollars ($1000.00) into a bargaining unit member's Health
Savings Account (HSA) on the first full paycheck date
following January 1st of each Plan Year.
• In order to be eligible for the HSA deposit above,a bargaining
unit member must have been actively employed with the City
before October 1st of the current Plan Year.
ii. Leave Time Conversion to HSA:
• The City will provide opportunities to convert an annualized
total of up to one thousand dollars ($1000.00), after pension
deduction, of any combination of sick and vacation time at
the 100% conversion rate to help fund their HSA. For each
Plan Year, this conversion can be done at the following times:
a. January 1St - January 31st of each Plan Year (any
amount up to an annualized total of$1,000.00).
b. April 1st- April 30th of each Plan Year (any amount up
to an annualized total of$1000.00).
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October 1, 2022-September 30, 2025 Union City
ARTICLE 13- GROUP INSURANCE
c. For purposes of this Article, "annualized" means plan
year/contract year/fiscal year October 1St through
September 30th of each Plan Year.
C. New Hires:
1. Bargaining unit members hired on or after October 1St of each Plan Year,
and who elect to be covered on the City's medical insurance, will accrue
eighty-three dollars and thirty-three cents ($83.33) per active month of
service for the City to deposit into their HSA through the month of
September for each Plan Year. This initial deposit will be made the first
check of the month in which the member becomes enrolled in the City's
group medical insurance.
D. Life Insurance:
1. Bargaining unit members are provided with a thirty-five-thousand-dollar
($35,000) term life and accidental death policy with the premium paid by
the City. This policy will increase to fifty thousand dollars ($50,000) when the
City' policy renews.
2. In the event a bargaining unit member is killed in the line of duty as per
F.S.S. 112.191 (2)(f), as amended from time to time, or suffers a catastrophic
injury, as defined in F.S.S. 440.02(37), as amended from time to time, and
provided for in F.S.S. 112.191 (2)(g), as amended from time to time, or
partially or totally disabled as provided for in F.S.S. 112.18,as amended from
time to time, the City shall pay the entire COBRA premium for the member,
spouse (until remarried) and/or dependents (until the end of the calendar
year in which the dependent child reaches age 26) who elect to continue
on the City's medical, dental, and/or vision plans.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 14- LEGAL DEFENSE
A. The City will provide a bargaining unit member with a legal defense when a
bargaining unit member is listed as a defendant in a civil action, provided the
bargaining unit member was acting within the scope of employment at the time
of the act or omission, which is the subject of the action accused. The scope of
the City's responsibilities is as set forth in Florida Statutes 111.07 - Defense of civil
actions against public officers, employees, or agents. The City will not provide a
defense to an employee acting outside the scope of his/her employment who is
charged with a criminal action.
B. Bargaining unit members who volunteer their off-duty time to participate in City-
authorized events may be covered under Article 14A if a situation arises in which
an off-duty bargaining unit member was required to render job-related
emergency services while volunteering at the City-authorized event.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 15 -WAGES
A. Effective October 1, 2022, the charts in Addendum "D" contain the step plan
in effect for bargaining unit members.
B. Bargaining unit members who are eligible for Assignment Pay pursuant to
Article 27 will have the corresponding amount(s) added to their base hourly
rates of pay, which is considered wages.
Paramedic $10,000 included in annualized base rate
Technical Rescue $0.8013/hour (24/72 schedule: $0.9132)
(Team Member)
Dive Rescue $0.8013/hour (24/72 schedule: $0.9132)
(Team Member)
Dual Certified $1 .2019/hour (24/72 schedule: $1 .3699)
(TRT&Dive Team Member)
Special Operations Manager* $0.4006/hour (24/72 schedule: $0.4566)
(Personnel authorized by Fire Chief)*
TRT Coordinator* $0.4006/hour (24/72 schedule: $0.4566)
(Personnel authorized by Fire Chief)*
Dive Coordinator* $0.4006/hour (24/72 schedule: $0.4566)
(Personnel authorized by Fire Chief)*
TRT Leader* $0.4006/hour (24/72 schedule: $0.4566)
(Personnel authorized by Fire Chief)*
Dive Leader $0.4006/hour (24/72 schedule: $0.4566)
(Personnel authorized by Fire Chief)*
Rescue Bid Assignment $0.8013/hour (24/72 schedule: $0.9132)
C. The table in Addendum "D" will be used as an administrative guide to wage
adjustments and/or promotions through the ranks.
1. Guideline percentage rate increases for Career Ladder promotions:
a) Firefighter to Operator Engineer 5%
b) Operator Engineer to Lieutenant 10%
c) Lieutenant to Captain 5%
d) Captain to Battalion Chief 5%
2. A member's regular hourly base rate must always be in an existing "step"
rate pursuant to Addendum "D." Due to the starting step rate, rounding,
and ending calculated rate with promotional percentage applied, the
actual promotional percentage may deviate from the guideline above in
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October 1, 2022-September 30, 2025 Union City
ARTICLE 15-WAGES
order to ensure members are placed into the appropriate "step" upon
promotion.
D. Step Plan:
1. Each bargaining unit member will be placed into the step associated with
their years of service in his/her rank and will receive the corresponding
hourly rate of pay for the following Plan Years:
a. Year One (1): October 1, 2022-September 30, 2023
• Slotting/increase to base (4% between steps); step on
anniversary.
b. Year Two (2): October 1, 2023-September 30, 2024
• 4%step on anniversary; reopener*
c. Year Three (3): October 1, 2024-September 30, 2025
• 4%step on anniversary; reopener (may be addressed in Year
2 reopener)*
*Reopener: On or before June 15, 2023 and 2024, the Union may request to
reopen this Section for the purpose of negotiating a cost of living adjustment
for Fiscal Year 2023/2024 and/or Fiscal Year 2024/2025.
2. Years of service-Defined as total years completed as of the individual's
anniversary date.
3. Bargaining unit members who are at the maximum step will receive
compensation in a lump sum payment equal to four percent (4%) of
his/her current annualized step.
21
October 1, 2022-September 30, 2025 Union City
ARTICLE 16- CALLBACK, OVERTIME, AND MANDATORY
A. Callback:
1. Call Back is defined as any time a bargaining unit member is called into
work when (s)he is off duty, or when the work time is not contiguous with
the member's shift. In the event of Call Back, the bargaining unit member
shall be paid for the actual time worked but not less than two (2) hours at
a rate of pay one and a half (1.5) times the member's hourly rate inclusive
of Certification Assignment Pay. The procedure for Call Back will be in
accordance with Labor-Management Team guidelines. The Fire Chief can
waive the above provisions for operational purposes.
B. Overtime:
1. Overtime is defined as any time a bargaining unit member is required to
stay longer than his/her assigned 24-hour shift by his/her officer. Overtime
shall be paid at the rate of one and one-half (1.5) times the bargaining unit
member's hourly rate inclusive of Certification Assignment Pay. Bargaining
unit members who are in a duty status less than fifteen (15) minutes either
before their shift or after their shift will not be eligible for overtime pay.
Bargaining unit members who are in duty status for fifteen (15) minutes or
more either before their shift or after their shift must be so only with their
officer's approval in order to be eligible for overtime pay at the overtime
rate.
C. Mandatory:
1. Mandatory is defined as anytime a bargaining unit member is forced to
stay due to a shortage of personnel so not to affect minimum staffing levels
and services to the City set by the Fire Chief. The procedure for Call Back
will be in accordance with Labor-Management Team Guidelines. The Fire
Chief can waive the above provisions for operational purposes. Overtime
shall be paid at the rate of one and one-half (1.5) times the bargaining unit
member's hourly rate inclusive of Certification Assignment Pay.
D. Education Requirements:
1. Efforts are made to offer classes for renewing certificates on shift schedules.
When these classes are offered on a shift schedule, and a bargaining unit
member elects to attend classes outside of the shift schedule, (s)he will not
be compensated. Additionally, bargaining unit members who attend
classes that are not required by the Fire Chief (or Designee) will not be
compensated.
2. Training Classes deemed essential by the Fire Chief and missed due the use
of Exchange of Time, Vacation Day, Sick Day, or Scheduled Sick Day shall
be made up on specified make-up days or on the employee's own
personal time.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 16-CALLBACK, OVERTIME, AND MANDATORY
E. Eligibility:
1 . No bargaining unit members shall be eligible for overtime or Call Back
following the use of twelve (12) hours or more of sick leave, Administrative
non-paid leave, or FMLA leave until they have reported to work for at least
one (1) regularly scheduled twenty-four (24) hour shift.
23
October 1, 2022-September 30, 2025 Union City
ARTICLE 17- EXCHANGE OF TIME
A. Bargaining unit members may exchange their working shift(s) and exchange
their off-duty day(s) with other bargaining unit members in accordance with
the following provisions:
1. The exchanging members shall assume responsibility for the exchange
of time, including step-up pay.
2. The shift officers of the exchanging members shall not permit the
exchange if it affects the normal operation of work, if Call Back is
required, or if step-up pay is required.
3. Exchanges of time shall require at least twenty-four (24) hours of notice
to the Battalion Chief, except in the event of an emergency to the
bargaining unit member, when the exchange of that bargaining unit
member does not affect the normal operation of that shift(s).
4. Exchanges of time submitted prior to eight (8) weeks (fifty-six (56)
calendar days) in advance will be tentatively approved. On the fifty-
sixth (56th) calendar day in advance of the scheduled exchange of
time, the exchange of time will automatically receive final approval
unless the bargaining unit member has been notified of a necessary
cancellation. Any cancellation of an exchange of time will be in writing
and received by the affected bargaining unit member prior to the fifty-
six (56) daytime frame.
5. No bargaining unit member may monetarily compensate another
bargaining unit member for an exchange of time.
6. No bargaining unit member shall "owe" or be "owed" more than three
hundred sixty (360) hours at any given time. All exchanges of time shall
be reconciled within eighteen (18) months of use.
7. Exchanges of time totaling more than three (3) consecutive shifts shall
not be used to circumvent any FMLA or ADA regulations.
8. No bargaining unit member will be allowed to request leave (vacation,
compensatory time, or personal time) when scheduled to work as a
result of an exchange.
B. Exchanges of Time Among Ranks:
1. For the purposes of this Article, the ranks of Firefighter and Operator
Engineer shall be referred to as"Firefighters". Lieutenants, Captains, and
Battalion Chiefs shall be referred to as "Officers."
i. Firefighters may only exchange time with other Firefighters,
with the exception of a Firefighter (step-up qualified) and
Operator Engineer (step-up qualified) who may also
exchange time with a Lieutenant providing the following:
- The City will not incur any costs of
step-up pay (Working out of
Classification) for an exchange
between Firefighter O/E's and
Lieutenants.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 17- EXCHANGE OF TIME
ii. Officers may only exchange time with other Officers as
identified in the departmental Standard Operating
Guidelines and with the exception stipulated in Article 17B.
25
October 1, 2022-September 30, 2025 Union City
1
ARTICLE 18-SICK LEAVE
A. Accruals:
1. Bargaining unit members shall accrue sick leave at a rate of twelve (12)
hours per month for a total annualized accrual amount of one hundred
forty-four (144) hours. No bargaining unit member shall be entitled to
use sick leave in excess of the amount of accrued and unused hours
(s)he has available. There is no cap on the accumulation of sick time.
B. Notice of Use of Sick Hours:
1 . Unscheduled Sick: A bargaining unit member shall notify the on-duty
Battalion Chief (or Designee) and submit the request through the
electronic scheduling software, in a manner provided for by
management, of his/her illness no later than 0700 hours, before the start
of his/her scheduled shift.
2. Scheduled Sick: A bargaining unit member may request with a
minimum of seventy-two (72) hours of advanced notice to use
scheduled sick hours for a full shift for personal health, medical, dental,
optical, appointments and/or procedures. Documentation to support
payment under the "scheduled sick" pay code must be provided to the
Fire Chief (or Designee) within fifteen (15) calendar days of the use of
time. Unsubstantiated use of such time will result in the time being re-
coded to "sick." Scheduled Sick may not be utilized on weekends, on
the shift before, on the shift of, or on the shift after a City-observed
holiday.
C. Documentation Required:
1. For any use of sick time in excess of two (2) consecutive scheduled shifts
or sick occurrence before, on, or after a Federally Observed Holiday,
Vacation Day,Scheduled Swap, or a Scheduled Sick Day, a bargaining
unit member is required to provide written medical certification to the
Deputy Chief upon return to work. Failure to do so will result in
Disciplinary Action.
2. Sick hours may be requested and/or utilized upon approval of the Fire
Chief (or Designee) for the following reasons:
i. Quarantine due to exposure to contagious disease.
ii. In connection with a member's Workers'
Compensation case, where (s)he has declined a
light duty assignment or where no such assignment is
available.
iii. In connection with an approved Family and Medical
Leave Act (FMLA) leave for a serious medical
condition of the member, or the member's
immediate family member, as defined in (FMLA).
26
October 1, 2022-September 30, 2025 Union City
ARTICLE 18-SICK LEAVE
D. Bonus Hours for Unused Sick Time:
1 . For every consecutive six (6) month period elapsing since the bargaining
unit member's last sick occurrence, excluding scheduled sick, the
bargaining unit member will receive twenty-four (24) hours of vacation
time.
E. Payout of sick Leave:
1 . Bargaining unit members who have more than two hundred forty (240)
hours of sick leave as of April 1st of every Plan Year may request to transfer
(no later than April 1st) up to one hundred (100) sick leave hours to vacation
leave hours, provided that accumulated sick hours do not fall below two
hundred forty (240) hours as a result of the transfer. Transfer of this time will
be credited to the bargaining unit member's vacation bank during the
month of April.
2. Bargaining unit members will have payment made for their accrued and
unused sick hours, at a fifty (50%) percent payout, upon resignation,
termination, retirement, change in status from full time to part-time, or
death. (Retirement shall include normal retirement, disability retirement, or
early retirement as defined in the Pension Plan).
F. Return to Shift:
1. Bargaining unit members who call in sick, may return to work during the
remainder of their shift if they feel capable of performing their work duties
and are not contagious. A member who returns to work after calling in sick
prior to the start of shift must use twelve (12) hours of sick leave and return
at 1930 hours. Members who leave work during shift due to any usage of
sick time must remain out for the remainder of the shift.
G. Exhaustion on Sick Time:
1 . Bargaining unit members who have exhausted their accumulated sick
leave and are still unable to return to work, may use accrued and available
vacation leave. Members must make such requests to the Fire Chief.
H. Use of Sick Time:
1. In the case of a prolonged, serious illness of the bargaining unit member or
an eligible family member, a bargaining unit member shall apply for FMLA
as provided for in City policies. The City may designate any qualifying leave
as FMLA in accordance with the law. Bargaining unit members requesting
this family sick provision for other than an immediate family member shall
27
October 1, 2022-September 30, 2025 Union City
I
ARTICLE 18-SICK LEAVE
provide Human Resources with verifiable proof of primary care giver status
prior to the use of this provision.
I. Donating Sick Time:
1. Sick leave donations may be requested and used in accordance with City
policy as amended from time to time.
J. Disincentives:
1 . Operational Personnel who have four (4) or more sick leave* occurrences
in any twelve (12) month period shall be subject to disincentives actions as
follows:
2. Bid disincentives of loss of bid assignment and/or bid right will take effect
the following bid cycle.
i. 4th Occurrence - Loss of Day-of leave
ii. 5th Occurrence - 4th occurrence disincentives, loss
of overtime, loss of bid assignment, loss of step-up
privileges
iii. 6th Occurrence - 5th occurrence disincentives,
special performance evaluation, loss of bid right and
any corresponding assignment pay
iv. 7th Occurrence - 6'^ occurrence disincentives,
disciplinary action up to termination
* Any absence under this Article, except for approved FMLA or otherwise
medically substantiated by a qualified medical provider's note submitted to
Human Resources by electronic email to FMLA@bbfl.us, shall be considered an
occurrence as determined by the Fire Chief. An occurrence shall be defined as
working less than one-half (1/2) of the hours of the employee's normal shift, or any
combination of occasions of sick leave utilization which, when combined, total
one-half (1/2) of the employee's normal shift, with or without an excuse (i.e., four
(4) occasions of three (3) hours shall equal one (1) occurrence.
28
October 1, 2022-September 30, 2025 Union City
ARTICLE 19-COMPASSIONATE LEAVE
A. In the event of the death of a family member of a bargaining unit member, the
member shall be granted one (1) shift day leave on a day of the member's
choosing within thirty days (30) of the death.
B. "Family member" is defined as the bargaining unit member's spouse, registered
domestic partner,mother,father,stepfather,stepmother,parents of the registered
domestic partner, foster parents, foster child, stepchild, mother-in-law, father-in-
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents,
spouse's grandparents, grandchildren, brother, sister, son, daughter, stepbrother,
stepsister, niece, or nephew.
1. Registration of a domestic partner through the city must be approved and
in place prior to the request of compassionate leave.
C. Bargaining unit members utilizing this Article are responsible for providing a
verifiable written notice of death (i.e., obituary or copy of death certificate), to
the Fire Chief, within thirty (30) calendar days of the last date of compassionate
leave. Failure to do so will result in the rescission of previously paid leave.
29
October 1, 2022-September 30, 2025 Union City
ARTICLE 20-VACATION
A. The following plan outlines the vacation leave policy for bargaining unit members.
B. Vacations will be picked on a seniority basis and can be taken in increments of
twelve (12) or twenty-four (24) hours, one shift at a time.
C. Each bargaining unit member shall earn vacation leave, accumulated in hours,
for each full year of continuous service as outlined below. Vacation will be
accrued in accordance with the following schedule:
• DOE until 15t Anniversary 104 Hours
• Beginning of 2nd year until 4th Anniversary 125 Hours
• Beginning of 5th year until 8th Anniversary 146 Hours
• Beginning of 9th year until 11th Anniversary 167 Hours
• Beginning of 12th year until 15th Anniversary 188 Hours
• Beginning of 16th year until 19th Anniversary 209 Hours
• Beginning of 20th year and after 230 Hours
D. In computing vacation leave earned, no increments will accrue for any twenty-
one (21) day work period that includes four (4) or more days of leave of absence
without pay.
E. Bargaining unit members may accrue vacation hours up to the Allowable
Maximum: the total vacation hours (s)he accrued in his/her two (2) most recent
years of employment. During the fiscal year, vacation hours may accrue above
the Allowable Maximum; however, any accrued and unused vacation hours
exceeding the Allowable Maximum as of September 30th of each year will be
forfeited, except for vacation hours earned during those fiscal year of this
Agreement pursuant to Article 18D (Bonus Hours for Unused Sick Time).
F. For special "one time" type of events, bargaining unit members will be allowed to
accumulate more than two years earned accrued vacation with the prior
approval of the Fire Chief (or Designee). 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: A bargaining unit member may accrue twelve (12) shift days
in two (2) years. The bargaining unit member requests two (2) additional days
beyond the maximum. The member must submit his/her request for the two (2)
additional days four (4) months prior to his/her 12-shift day maximum for approval
to extend the 12 days to 14 days.
G. Bargaining unit members requesting vacation time on the same day may be
approved, on a seniority basis at the time of request; however, it will not be
approved if the issuing of the vacation time results in Call Back, Overtime, or
Mandate.
30
October 1, 2022-September 30, 2025 Union City
ARTICLE 21 - PERSONAL TIME
A. Bargaining unit members may request to use his/her vacation time or
compensatory time at a minimum of two (2) hours and at a maximum of twelve
(12) hours, providing those hours are not fractionalized, for personal reasons while
on duty.
B. This privilege shall be available only when such use will not be detrimental to the
efficient/normal operation of the Fire Rescue Department as determined by the
Fire Chief (or Designee).
C. Efficient/normal operating levels shall be determined by minimum staffing as
determined by the Fire Chief.
D. Seniority will be a factor in granting personal use of vacation time requests prior to
0730. Thereafter, documented time-stamped requests submitted at or after 0730
are considered in the order of receipt: on a first come, first serve basis. Process will
be managed through the electronic scheduling software. Verbal requests are not
considered. No grievance procedures are available to any member regarding
Article 21D.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 22- HOLIDAYS
A. The following days shall be considered holidays: New Year's Day, Martin Luther
King Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day,
Veterans' Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, and
Christmas Day. The Union agrees to waive bargaining over the inclusion of any
additional holidays declared by the City during the term of this Agreement.
B. Bargaining unit members who are in an active status on the date of a City
observed holiday will receive twelve (12) hours of pay at straight time.
C. Bargaining unit members may elect to defer the payment in Article 23B for all of
the holidays in Article 23A as Holiday Pay, at straight time, for which payment will
be disbursed in the last paycheck in September.
1. Members must initiate an electronic form no later than October 15th. If an e-
form is not received for a member by the deadline,the member forfeits his/her
right to defer Holiday Pay for that year of the Agreement.
32
October 1, 2022-September 30, 2025 Union City
ARTICLE 23- COURT TIME
A. Any bargaining unit member who is summoned or subpoenaed to appear in a
court of law, while off duty, as a result of his/her employment as a bargaining unit
member, will be paid for his/her court time at the rate of one and one-half (1.5)
times his/her current hourly rate, excluding travel time, provided the Fire Chief is
given prior notification so that the Fire Chief has the opportunity to schedule such
appearance during regular duty hours. The bargaining unit member will receive
a minimum of three (3) hours pay, and the member shall return all fees received
from the Court to the City. This Section does not apply when the bargaining unit
member is required to appear on a day that they are on duty.
B. A bargaining unit member 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 bargaining unit member shall notify the
Battalion Chief through his/her Chain of Command upon receipt of a summons
for jury duty.
C. A bargaining unit member who has been instructed to remain on standby for court
appearance pursuant to Article 23A during the member's off-duty hours shall be
paid one-half (0.50) the straight time hourly rate for each hour on standby up to a
maximum of eight (8) hours of standby duty in any one day. A minimum payment
of one (1) hour straight time shall be paid for all standby assignments. When a
bargaining unit member is required to standby for eight (8) hours, the bargaining
unit member shall receive four (4) hours plus one (1) additional hour at straight
time. If a bargaining unit member does go to court (s)he will be paid for the court
time indicated in Article 23A and will not receive any standby time pay.
33
October 1, 2022-September 30, 2025 Union City
ARTICLE 24- WORKING OUT OF CLASSIFICATION
A. A bargaining unit member who is assigned the duties and/or responsibilities of a
range above his/her current classification in the absence of his/her direct Officer
will be compensated an additional five percent (5%) of his/her hourly rate per rank
for working out of classification, with the exception of working as a Lieutenant, in
which case the Firefighter shall be compensated an additional fifteen (15%) of
his/her hourly rate, and in which case the Firefighter O/E shall be compensated an
additional ten percent (100) of his/her hourly rate, except during the use of
Exchange Time pursuant to Article 17 When assigned,the bargaining unit member
shall accept the duties and responsibilities of the position. In the absence of the
Captain position assigned each day, one (1) qualified Lieutenant will be assigned
to step up for the shift.
B. Higher classification assignment for acting Lieutenant(s) and Captain(s) shall be
made on a rotating basis as described in Article 24B. All assignments shall be
logged as part of daily permanent records. Assignments will not be changed to
intentionally avoid payment.
1 . First, eligible members for acting Lieutenant and Captain assignments shall be
chosen from the most current promotional eligibility list with respect to assigned
shift(s). This provision is effective following ratification and upon the
establishment of the Lieutenant eligibility list and of the establishment of the
Captain eligibility list respectively.
2. If no one is available pursuant to Article 24B then eligible members for acting
Lieutenant and Captain assignments shall be qualified by the Department's
Training Section with those holding a Fire Officer I certification being given first
preference.
C. Higher classification assignment for an acting Battalion Chief shall be determined
by the Fire Chief or their designee and consult with the assigned Battalion Chief,
as described under Article 24C.
1 . Eligible members for an acting Battalion Chief assignment shall be chosen from
the most current promotional eligibility list with respect to assigned shift(s).
2. If no one is available pursuant to Article 24C, then eligible members for acting
Battalion Chief assignments shall be qualified by the Fire Chief or designee with
those holding a valid State Fire Officer II certification being given first
preference are eligible for an acting Battalion Chief assignment.
34
October 1, 2022-September 30, 2025 Union City
ARTICLE 25- EDUCATION
A. Non-probationary bargaining unit members are permitted to attend schools or
classes for Career Ladder requirements while on duty, using personal time, as
defined in Article 21, 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 Battalion Chief. Reimbursement rates are set and
published each fiscal year by the Fire Chief (or Designee) and are not intended to
exceed Florida In-State tuition rates. Course selection and attendance must be
pre-approved by the Fire Chief.
B. The City will reimburse eligible members for tuition pursuant to the City's Tuition
Assistance Program, which is attached as Addendum "C". The provisions of this
Section and Addendum "C" relate to the reimbursement assistance for General
Education Core Courses and Degree Program Core Courses (other than those
specified as required for Career Ladder advancement). For the term of this
Agreement, Tuition Assistance is funded at twenty-five thousand dollars ($25,000)
per fiscal year.
C. The City may provide an opportunity for sending bargaining unit members to
approved out-of-town training classes,subject to budgeted funds. A list of classes
will be posted so each bargaining unit member has the opportunity to request
classes of his/her choice. Approved City travel pay is in accordance with City
policy.
D. Bargaining unit members are 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.
E. Training Classes deemed essential by the Fire Chief and missed due to the use of
Exchange of Time, Vacation Day, Sick Day, or Scheduled Sick Day shall be made
up at on specified make-up days or at the employee's own personal time.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 26- EDUCATIONAL SUPPLEMENTAL COMPENSATION
A. Bargaining unit members are eligible for a monthly education supplemental
compensation payment not to exceed the supplemental compensation limits set
forth in applicable Florida Statute, FSS 633.422, as amended from time to time, and
the corresponding regulations in the Florida Administrative Code.
B. The City will match the supplemental compensation payment as provided in
Article 26A.
C. In the event that the supplemental compensation payment, as referenced in
Article 26A, is discontinued or adjusted for any reason, the City's contribution will
not change and will remain consistent with the amount provided throughout the
term of this Agreement.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 27- ASSIGNMENT PAY
A. Bargaining unit members holding a valid and current Paramedic certificate in
accordance with the Florida Statutes and who perform active Paramedic duties as
assigned by the Fire Chief and Medical Director will receive an additional ten
thousand dollars ($10,000 annualized), which is included in the base rate and which
is considered wages.
1 . A bargaining unit member holding a valid and current Paramedic
certificate in accordance with Florida Statutes who could perform the
duties as assigned by the Fire Chief and Medical Director, but who is
inactivated as an active Paramedic, either by choice or administrative
direction, and who is not on assignment as a Paramedic by the Fire Chief,
will no longer receive the Paramedic Assignment Pay.
B. Bargaining unit members regardless of medical certification level who voluntarily bid
or are assigned to a permanent seat position on a rescue unit will receive Assignment
Pay as stated in Article 15 -Wages. Members may lose this incentive per Article 18J.
C. Bargaining unit members selected to serve as Technical Rescue Team (TRT) members
in accordance with criteria set forth by the Department and who perform TRT duties
as assigned by the Fire Chief will receive Assignment Pay as stated in Article 15 -
Wages.
D. Bargaining unit members selected to serve on the Dive Rescue Team in accordance
with criteria set forth by the Department and who perform Dive Team duties as
assigned by the Fire Chief will receive Assignment Pay as stated in Article 15- Wages.
E. Bargaining unit members selected to serve on both the TRT/Dive Rescue Team in
accordance with criteria set forth by the Department and who perform dual duties
as assigned by the Fire Chief will receive Assignment Pay as stated in Article 15 -
Wages. Bargaining unit members eligible for Assignment Pay under this Section are
not entitled to Assignment Pay listed in Sections C and D.
F. Bargaining unit members selected to serve as Special Operations Leadership for the
Teams in accordance with criteria set forth by the Department and who perform
leadership duties as assigned by the Fire Chief will receive Assignment Pay as stated
in Article 15 - Wages.
G. At any time, a bargaining unit member is no longer certified or is inactivated, either
by choice or administrative direction, (s)he will no longer receive the corresponding
Assignment Pay.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 28- LICENSES AND REGISTRATION FEES
A. The City shall pay the fee for any license required by the City for employment
purposes, such as EMT renewals or certificates.
B. In the event of any changes required by law regarding driver's license
requirements for firefighters, the City and Union agrees to reopen this Article for
negotiations.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 29 -SENIORITY LIST & TIME-IN-GRADE
A. The Fire Rescue Department shall establish a seniority list and it shall be updated
on January 1st of each year and within ten (10) calendar days of any change in
membership. Such list shall be posted thereafter on the bulletin board at each Fire
Station and shall be considered correct unless objection is raised within thirty (30)
calendar days of the posting. After thirty (30) calendar days, it shall stand
approved, unless documented evidence is presented to justify changes or
adjustments.
B. A bargaining unit member's seniority is established from the date of employment
by the City of Boynton Beach Fire Rescue Department. If two (2) or more members
are employed on the same date, the seniority standing shall be determined by
the member's Fire Rescue Department ID number. The lower the ID number, the
higher the position on the seniority list.
C. Layoffs and staffing cutbacks for bargaining unit members shall be determined by
the seniority list. The bargaining unit member with the highest fire department
employee number on the seniority list will be laid off first and so on down the list.
In the event of layoffs and/or cutbacks, the City agrees to notify the Union
President in writing, no less than fifteen (15) calendar days prior to said action.
Bargaining unit members 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 employees will be hired into any
bargaining unit classification while a laid off member has recall rights.
D. Time-in-grade is defined as the length of time the employee has been
continuously employed at a particular rank and/or position as an FF, OE, Officer
and/or on a specialty team (TRT and/or Dive). Promotional or assignment to a
specialty team email, EAR, payroll record, and/or the date of the members last
required certification course date will serve as the time stamp. If two (2) or more
employees share the same time-in-grade, then their seniority number will establish
their order. Time-in-grade will be used for all Bids and/or any type of rank specific
selections.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 30-VACANCIES & PROMOTIONS
A. Budgeted promotional vacancies approved to be filled by the City Manager, will
be announced within thirty (30) calendar days and selections will be made from
the appropriate established eligibility list.
B. Minimum requirements for promotion eligibility are outlined in Addendum "B"
(Career Ladder). In order to be eligible, a candidate must meet the minimum
requirements of the desired position as of the specified closing date of the posting
(last date/time applications will be accepted).
C. The establishment of eligibility lists for the rank of Operator Engineer (OE).
Promotional processes for the position of Operator Engineer (OE) will occur semi-
annually,and any associated testing will occur beginning the first week in February
and the first week in September of each year.
D. The establishment of eligibility lists for the ranks of Lieutenant, Captain, and
Battalion Chief will be through a competitive process, as determined by the Fire
Chief (or Designee) and the Director of Human Resources and Risk Management
(or Designee).
E. Promotional announcements will be posted within sixty (60) days of an expired
promotional list.
F. Announcements for promotional processes will be sent via e-mail to the Fire
Department distribution list at least sixty (60) calendar days prior to the initial exam
for the process. The announcement will include at a minimum the following
information:
1. Reference to source material in a non-editable format and/or links obtainable
through the Fire Department's shared network. All non-editable format source
material shall be provided in its entirety or provided in one (1) hardcopy for
each station.
2. Weight and components of promotional process.
3. The minimum passing score for each exam component.
4. The specification and allotment of any additional points as outlined in Article
30G.
G. Within thirty (30) calendar days prior to a written exam, the date, time, and
location of the exam will be secured and provided to candidates. Efforts will be
made to provide five (5) calendar days between the written exam and practical
exam components.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 30-VACANCIES & PROMOTIONS
1. Seniority, educational, and/or certification points are awarded as follows:
i. Seniority Points: 0.25 points per continuous year/s of service as of the
closing date of the posting. (No Maximum)
ii. Step-Up Experience: 0.25 points per current continuous year/s of
service as of the closing date of the posting. Given only to
Candidates sitting for the Lieutenants examination. (No Maximum)
iii. Education Points: (Points issued for highest level of degree only)
- Associate degree: 0.25 Points
- Bachelor's degree: 0.50 Points
- Master's Degree: 0.75 Points
2. Upon successful completion of the promotional process, Additional Points are
added to the scores to establish the final ranking of the eligibility list.
3. A candidate must achieve a minimum passing score on each exam
component in order to be considered for the eligibility list. Scores will be
rounded to the hundredths decimal point.
H. Written Exam (if applicable):
1. Are proctored by a minimum of one representative from Fire Administration,
one representative from Human Resources, and one non-testing
representative of the Union.
2. The written exam consists of one hundred ten (110) questions taken directly
from the source materials. One hundred of the questions will be graded and
worth one (1) point each. The ten additional questions contained within the
exam (and determined by Human Resources prior to testing) are designated
as "alternate questions" and will only be used for scoring if a question is
removed due to a challenge.
I. Review & Challenges:
1. Candidates will be given an opportunity to review the written exam
immediately following the last exam submission. Source materials will be made
available to candidates for the purpose of refuting the validity of any question
on the exam. In the event a candidate decides to challenge a question, the
candidate will write down his/her challenge question number and reason for
challenge on the designated form. This form will be submitted to the exam
proctors. The merits of each challenge will be evaluated and a final decision
as to whether the challenge will be upheld will be determined prior to scoring
of the exams. If a challenge is upheld, the question will be thrown out (as if it
41
October 1, 2022-September 30, 2025 Union City
ARTICLE 30-VACANCIES & PROMOTIONS
never existed) and the first of the pre-determined ten alternate questions will
be substituted to replace the question that had been removed due to the
upheld challenge.
2. Candidates will participate in a post-promotional process debriefing during
which all incorrect answers will be reviewed.
J. Exam Results:
1 . The ranking of all successful candidates shall be certified by the Director of
Human Resources and Risk Management (or Designee) and posted in the form
of an eligibility list. The eligibility list remains active for two (2) years from the
date of establishment or until the list is depleted, whichever is sooner.
K. Selection Process:
1. The Fire Chief may select for promotion any candidate in the top three (3) of
the position's established eligibility list.
2. Selected candidates are required to undergo a background check which
requires the candidate to have their fingerprints processed at a facility
authorized by Human Resources. Upon successful completion of the
background check (as determined by the Director of Human Resources and
Risk Management) the City Manager will then review the promotion selection
and approve the promotion.
3. Once the promotion is made from the top three, the remaining candidates
move up on the list.
4. A bargaining unit member who is not selected for promotion may request a
meeting with the Fire Chief.
L. Veterans' Preference:
The City complies with all Veterans' Preference requirements pursuant to Chapter
2021-57, Laws of Florida and F.S.S. 295.07.
M. Modification:
1. The provisions of this Article may be modified by written mutual agreement
between the Union and the City. In the event there are no remaining
candidates on a promotional eligibility list, the Union, Fire Chief, and Director
of Human Resources and Risk Management will determine the provisions for
covering the vacancies in the interim.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 31 - BULLETIN BOARDS & MEETING ROOMS
A. The City shall furnish at each fire station a minimum of 3' x 4' space for bulletin
boards for the purpose of Union notices. Any notice or item placed on the bulletin
board shall bear on its face the legible designation of the person responsible for
placing such notice or item on the board. The Union supplies the bulletin boards.
The Union holds the City harmless for any content posted on its bulletin board.
Notices shall not contain anything reflecting in an untrue manner on the City or
any of its Officers, and no material, notices, or announcements, which violate the
provisions of this Article, shall be posted.
B. The Union President shall be allowed to use "Outlook" and any successor for
notices. Materials posted shall be subject to approval by the Fire Chief prior to
posting.
C. The City agrees to grant the Union permission to use meeting rooms for its meeting
as space and scheduling permit. The Union will supply Fire Administration with a
schedule of monthly meetings and provide forty-eight (48) hours' notice of special
meetings. The Union agrees to leave any meeting room in its original condition.
D. The City agrees to grant the Union a Union Office located at Fire Station 5.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 32- NOTIFICATION & DISTRIBUTION
A. The Union's Legislative Vice President shall receive notification of the agendas and
minutes of all regular and special meetings of the City Commission.
B. The Union will be provided with a copy of departmental Rules and Regulations,
Standard Operating Guidelines, Policies, and Procedures. The Union will be
provided with updates pursuant to Article 8 of this Agreement.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 33- GRIEVANCE & ARBITRATION
A. A grievance is defined as a dispute or disagreement involving the application or
interpretation of the express provisions of this Agreement. Issues or disputes, which
are not grievances as so defined, shall not be subject to arbitration but may be
processed through the grievance procedure.The Parties agree that the grievance
procedure shall be the sole and exclusive method for resolving any dispute
involving the application or interpretation of the Agreement.
B. Grievance Procedures:
1. Intent to Grieve - Petition Notice
An aggrieved employee shall submit in writing a signed Petition to the Union
Grievance Committee, which is comprised of the Union Executive Board, on or
by the fifteenth (15th) calendar day of the occurrence or on or by the fifteenth
(15th) calendar day of when the member knew or should have known of the
occurrence. Within fifteen (15) calendar days of receipt of the Petition, the
Union Grievance Committee will make a determination as to whether or not a
grievance has merit to be advanced to Step One. The determination of the
Union Grievance Committee is final and not subject to grievance, arbitration,
or other review. The Union reserves the right to represent or not represent
employees are not members of the Union as provided by law.
2. Step One- Fire Chief (or Designee)
The Union Grievance Committee shall submit in writing (via electronic e-mail to
the Fire Chief with a CC: to the Director of Human Resources and Risk
Management) a Step One grievance on behalf of an individual member or
group of members on or by the thirtieth (30th) day of the occurrence or of
when the bargaining unit member(s) knew or should have known of the
occurrence.
i. All Step One grievances shall include the following:
a. Statement of the grievance and the facts and circumstances
upon which it is based;
b. Name and job title(s) of grievant(s);
c. The Article(s) and Section(s) of the Agreement alleged to have
been violated; and
d. The remedy requested.
ii. All Step One class action grievances shall also include:
a. Statement indicating the grievance is a class action; and
b. Signature of an IAFF Union Official.
iii. In the event a Step One grievance does not contain the required
information listed above, the Fire Chief (or Designee) may return the
grievance to the Union by electronic mail with a written notification-
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October 1, 2022-September 30, 2025 Union City
ARTICLE 33- GRIEVANCE & ARBITRATION
identifying the missing information and deeming the grievance as
"incomplete."
iv. An "incomplete" grievance must be returned to the Union on or by the
tenth (10th) calendar day of receipt of the grievance. The Union will
then have ten (10) calendar days from the date of receipt of the
incomplete grievance to resubmit a complete grievance. If a
complete grievance is not resubmitted on or by the tenth (10th) day of
receipt, it will be deemed "withdrawn," and the Union will not be able
v. The Fire Chief's detailed Step One response shall be transmitted to the
Union via electronic mail on or by the tenth (10th) calendar day of
receipt of a complete grievance.
3. Step Two-City Manager (or Designee)
i. If no agreement is reached at Step One, the Union may file a Step
Two written grievance on behalf of grievant(s) by electronic mail to
the City Manager with a CC: to the Director of Human Resources
and Risk Management on or by the tenth (10th) calendar day of
receipt of the Step One response. The Step Two written grievance
shall describe with specificity the information on which the Union is
relying to establish why it believes the Fire Chief's Step One response
is not agreeable. The City Manager (or Designee), at his/her
discretion, may conduct interviews with the grievant(s), the Union
representative(s), members of the bargaining unit, and/or
management to discuss the grievance. The City Manager (or
Designee) must notify the Union within ten (10) calendar days of
receipt of the Step Two appeal if (s)he intends to conduct an
interview with the grievant(s). Once such notification is made, the
time period for the City Manager's (or Designee's) Step Two
response is tolled until the interviews can be scheduled and
conducted. The City Manager (or Designee) shall respond in writing
to the Step Two grievance by electronic mail on or by the thirtieth
(30th) calendar day of receipt of the Step Two grievance or on or by
the thirtieth (30th) calendar day following an interview with the
grievant(s), or regarding the grievant(s), if an interview occurred.
4. Step Three-Arbitration
i. If no agreement is reached at Step Two, the Union may refer the
grievance on behalf of the grievant(s) to Arbitration by notifying the
City Manager with a CC: to the Director of Human Resources and
Risk Management by electronic mail on or by the fifteenth (15th)
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October 1, 2022-September 30, 2025 Union City
ARTICLE 33-GRIEVANCE & ARBITRATION
calendar day of receipt of the Step Two response. The City may also
request Arbitration by notifying an IAFF Union Official by electronic
mail on or by the fifteenth (15th) calendar day of submitting the Step
Two response.
C. The Parties agree to the aforementioned step procedure outlined in this Article
and acknowledge that the Parties can only extend stated deadlines by written
agreement that matters are temporarily (not to exceed ten (10) calendar days)
being held in abeyance. Extensions shall never be inferred by the conduct of a
Party and shall always be in writing. If the Union or Grievant fails to timely file or
timely advance a grievance to the next step, the grievance is deemed
"withdrawn" and cannot be refiled. If the City fails to timely respond at any step,
the Union or Grievant may proceed to the next step. Grievances at all steps shall
be submitted by electronic mail and shall include the Director of Human Resources
and Risk Management as a copied recipient. For the purpose of this Article, "of
receipt" shall mean the date the electronic mail message was sent. The Union
reserves the right to represent or to not represent employees who are not members
of the Union as provided by law.
D. Arbitration Procedures:
1. The Party requesting arbitration shall initiate arbitration on or by the tenth (10th)
day of receipt of Arbitration notice as referenced in Section 32.1.4.a. by filing
a request with the Federal Mediation and Conciliation Service (FMCS) for a
panel of seven (7) arbitrators with a business office in the State of Florida. A
copy of this request shall be served on the other Party
i. Arbitrator Selection - Each Party retains the right to reject one
arbitrator panel in its entirety and request that a new panel be
issued. The Party requesting arbitration shall strike the first name with
each Party alternating strikes thereafter until only one arbitrator's
name remains. The person remaining shall be the arbitrator. The
arbitrator shall determine the date(s) and time(s) of the hearing
subject to the availability of the Union and the City. Arbitration will
be conducted at a location determined by the Parties.
ii. Arbitration Fees and Expenses - All fees and expenses of the
arbitrator shall be divided equally between the Union and the City;
however, each Party shall fully bear the expense of preparing and
presenting its own case, including the cost of witnesses and other
people it requires to attend the arbitration.
iii. The power of the arbitrator shall be limited to the interpretation and
application of the written terms of this Agreement. In no event shall
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October 1, 2022-September 30, 2025 Union City
ARTICLE 33- GRIEVANCE & ARBITRATION
the terms and provisions of this Agreement be deleted, modified, or
amended by the arbitrator. The arbitrator shall consider and decide
only the specific issues raised by the grievance when it was
submitted in writing to the City at Step One and the arbitrator shall
have no authority to make his/her decision on any issue not
submitted to him/her. The arbitrator shall submit his/her decision in
writing with a statement of findings and reasons within thirty (30)
calendar days of the receipt of briefs, if any, or receipt of the
transcript if Parties have agreed to submit the arbitration transcript in
lieu of briefs. In the event the arbitrator finds a violation of the
Agreement, the arbitrator shall determine an appropriate Award.
The arbitrator's Award shall not be greater than the restoration of the
bargaining unit member to his/her most recent position held and the
monetary value of the employee's back wages and benefits to
make the employee "whole."
iv. Other Provisions - A transcript of the Hearing will be made, unless
waived by both Parties. Briefs, if any, must be filed with the arbitrator
no later than thirty (30) days after the close of the Hearing or after
receipt of the transcript, if a transcript is requested by either Party.
Settlement of a grievance prior to the issuance of an arbitration
Award shall not constitute precedent nor shall it constitute an
admission that the Agreement has been violated.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 34- PREVAILING RIGHTS
A. All job rights and benefits authorized or permitted by the City Manager or Fire Chief
and continuously enjoyed by bargaining unit members and not specifically
provided for or abridged by this Agreement shall continue in full force or effect for
the term of this Agreement. Except as specifically provided in this Agreement, this
Agreement should not be construed to deprive any bargaining unit member of
benefits or protections granted by the Laws of the State of Florida or Ordinance
and Resolutions of the City of Boynton Beach. Provided, however, nothing in this
Agreement shall obligate the City to continue practices or methods which are
unlawful or unsafe.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 35-SAVING CLAUSE
A. If any provision (Article or Section) of this Agreement is found to be invalid,
unlawful, or unenforceable, by any court having jurisdiction or by reason of any
existing or subsequently enacted legislation or judicial authority, the remaining
provisions of this Agreement shall remain in full force and effect.
B. In the event of such finding, either Party may request to open negotiations for a
substitute provision by notifying the other Party in writing within thirty (30) calendar
days of the date the provision was invalidated.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 36- APPENDICES, AMENDMENTS, & ADDITIONS
A. All 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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October 1, 2022-September 30, 2025 Union City
ARTICLE 37-SUCCESSORS
A. 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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October 1, 2022-September 30, 2025 Union City
ARTICLE 38-COMPENSATORY TIME
A. Bargaining unit members may be eligible for compensatory time at the discretion
of the Fire Chief (or Designee) for participating in required educational and/or
required training activities,special projects,and/or events as approved by the Fire
Chief (or Designee). All compensatory time will be earned at the rate of one and
a half (1.5) hours for each one (1) hour worked [in quarter (0.25) hour increments]
and with a maximum cap of one hundred twenty (120) hours.
B. If a bargaining unit member's compensatory time balance is between ninety-six
(96) and one hundred twenty (120) hours,the bargaining unit member is no longer
eligible to earn compensatory time until the balance falls below one hundred
twenty (120) hours. A bargaining unit member who reaches the maximum
compensatory time threshold must schedule and take a minimum of twenty-four
(24) compensatory leave time within ninety (90) days of accruing time to the
maximum threshold. In the event the bargaining unit member fails to schedule
and take twenty-four (24) hours of compensatory time during the ninety (90) day
period, the first available date after the ninety (90) day period will be assigned by
the Fire Chief (or Designee) as a mandatory twenty-four (24) hour scheduled
compensatory time day. During this referenced ninety (90) day period of time,
the bargaining unit member is not allowed to accrue any additional
compensatory time.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 39 - MANAGEMENT RIGHTS
A. The Union and the bargaining unit members recognize and agree 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.
B. 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. The City specifically reserves the sole and exclusive
right(s) to decide the scope and method of service; to hire, promote, and/or
otherwise determine the criteria and standards of selection for employment; and
to terminate, demote, suspend, or otherwise discipline for just cause. Any right or
privilege of the City not specifically relinquished by the City in this Agreement shall
remain with the City.
C. The City Manager and City Commission,in accordance with the City Charter have
the authority to determine the purpose and mission of the City and the amount of
budget to be adopted.
D. The City Manager and City Commission,in accordance with the City Charter have
the authority to determine the purpose and mission of the City and the amount of
budget to be adopted.
E. If, at the discretion of the City Manager, it is determined that civil emergency
conditions exist, i.e., riot, civil disorder or natural disaster, the provisions of this
Agreement may be suspended for good cause by the City Manager during the
time of such emergency, provided that the Union is notified as soon as is practical
and further provided that wage rates and monetary fringe benefits shall not be
suspended.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 40-SUPPLEMENTAL RETIREMENT INSURANCE
A. Boynton Beach Firefighters Retirement Insurance Fund:
The Union established its own retiree insurance benefit fund (hereinafter referred
to as "the Fund") to provide full or partial health and welfare insurance premiums
on behalf of employees of Boynton Beach Fire Rescue (The Department) who
retired on or after October 1, 2005, and who met certain other established
eligibility requirements. Any and all eligibility requirements and benefits provided
will be determined solely by the board of Trustees of the Boynton Beach Firefighters
Retirement Insurance Fund. All employees covered by this Agreement shall be
eligible to participate in the Fund as are non-covered members who participate
in the Firefighter's Pension Plan.
B. City Contribution of Funds:
1 . Current members who were hired before October 1, 2010 through
September 30, 2018: The City will contribute three percent (3%) of
the current gross annual payroll of active members in this tier.
2. Current members who were hired on or after on October 1, 2018:
Members in this tier will have their annualized base rate (excluding
Paramedic Assignment Pay) reduced by one and one half percent
(1 .5%). The City will contribute three percent (3%) of the current gross
annual payroll of active members in this tier.
C. Annual Payment of Funds:
The annual contribution shall be remitted to the Fund by October 15th, and each
October 15th thereafter, provided that the department has received a written
invoice for said benefits. Failure to submit a written invoice shall not bar the Union
from receipt of said funds but shall allow the City thirty (30) days to provide the
funds, which shall be retroactive. The City shall pay the annual contribution on
October 1st of each fiscal year of this Agreement on behalf of every employee.
Accompanying the contribution, the City shall provide a list of all department
members for whom payment was made.
D. Termination of Fund:
Contribution to the Fund, as provided in this Article was negotiated and agreed
to by the Parties in lieu of a wage increase. In the event of termination of Fund,
the wage increase specified in this Article shall be added to each active
employee's then current base annual pay, as such base pay rate is set forth in the
Collective Bargaining Agreement and the City of Boynton Beach Pay Plan at the
time of termination of the Fund.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 40-SUPPLEMENTAL RETIREMENT INSURANCE
E. Indemnification:
The Union shall indemnify, and hold the City harmless against any claim, demand,
suit, or liability, and for all legal costs arising in relation to the implementation, or
administration, of the Fund, except to the extent that the City's acts or omissions
give rise to its own liability.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 41 -COLLATERAL DOCUMENTS
A. The collective bargaining agreement does not exist in a void. Provisions, as
amended from time to time, of the City's Personnel Policy Manual (PPM), the City's
Administrative Policy Manual (APM), Department Rules and Regulations, and
other policies established by Resolution or Ordinance (collectively referred to as
collateral documents), are applicable to bargaining unit members unless the
terms of said collateral documents conflict with the terms of this Agreement, in
which case the terms of this Agreement shall control. Specific applicable
collateral documents will be discussed and approved by the Labor-Management
Team.
B. The City will provide draft revisions of collateral documents to the union for review
to ensure that said documents are not in conflict with, and do not impact policies
relied upon by the Union and absent in this Agreement.
C. Nothing herein shall be interpreted to preclude the right of the Union or City to
impact bargain, subject to applicable law.
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October 1, 2022-September 30, 2025 Union City
ARTICLE 42- PENSION
A. Recent Historical Changes:
• The City and the Union conformed to the statutory requirement to negotiate
provisions of SB 172, codified as Laws of Florida 2015-39 by entering into a Mutual
Consent Agreement, which is attached as Addendum "D".
• The City and the Union amended provisions of the pension as outlined in the
Pension Agreement, which is attached as Addendum "E".
• Effective October 1, 2019 -Sec. 18-180. Monthly retirement income: The maximum
benefit cap will be increased annually beginning on the first day of October 2020
(and on each October 1 thereafter) by one and a half percent (1.5%).
• Effective October 1, 2019 - Sec. 18-182. Disability retirement benefits (g) Survivor's
benefit: The benefit shall equal three percent (3%) of average final compensation
for each year of continuous service.
• Incorporate language referencing Florida Statute regarding cancer presumption
that went into effect on July 1, 2019.
• The Union agreed to the provisions of the City's DROP Ordinance 18-300 of Article
XI of Chapter 18 of the Code of Ordinances.
B. Agreed Changes During Bargaining:
• The Union agreed to the provisions of a new Drop Ordinance as proposed during
bargaining. The Ordinance number will be made available once approved by
City Commission.
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October 1, 2022-September 30, 2025 Union City
I
ARTICLE 43- DRUG FREE WORKPLACE
A. Both the City and the Union recognize that substance abuse is a widespread
problem within our society. The Union will assist bargaining unit members in
obtaining assistance and treatment if alcohol and/or substance abuse are
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.
B. The Drug-Free Workplace Policy and procedures for Post-Accident and Random
Drug and Alcohol testing is in effect and outlined in the attached Addendum "A".
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October 1, 2022-September 30, 2025 Union City
ARTICLE 44-WELLNESS & FITNESS PROGRAM
A. To support a healthy workforce, the Union and the City commit to developing and
implementing a voluntary Wellness and Fitness Program based on the
recommendations of the IAFF / IAFC Joint Labor-Management Initiative.
B. The Wellness/Fitness Program will be offered in such a way that each fire fighter is
encouraged to obtain a level of wellness/fitness consistent with the duties (s)he
performs and his/her individual abilities. The wellness/ fitness program is intended
as a positive program and is not punitive in design.
C. The Fire Department's Health and Safety Officer promotes a supportive, safe, and
productive atmosphere to all bargaining unit members participating in the
program. The program shall consist of physical and mental fitness and nutritional
components. The Department's Health and Safety Officer will also compile and
maintain individuals' fitness data for eligibility of annual assessment performance.
D. A Wellness/Fitness Pool (hereinafter referred to as "WFP") will be established for
bargaining unit members to use for the purpose of participating in Wellness and
Fitness resources. Any and all eligibility requirements and benefits provided shall
be determined by the committee comprised of the Union Executive Board in
consultation with the Fire Chief (or Designee), Director of Human Resources and
Risk Management (or Designee) and the Union President (or Designee). All
bargaining unit members are eligible to utilize available resources provided, in
accordance with the Standing Procedures.
1 . The City contributed eight (8) hours per active bargaining unit member to the
Wellness/Fitness Pool "WFP" in December 2019. Bargaining unit members are
able to fund the pool with donations as needed. Sick time donations are at a
fifty percent (50%) conversion rate and vacation and compensatory time
donations are at a one hundred percent (100%) conversion rate.
2. Wellness/Fitnees Pool ("WFP") time must be used in a minimum of two (2) hour
increments. When scheduled use of WFP time results in overtime for another
bargaining unit member, the WFP time will be charged at (drawn down by)
time and one-half (1.5) to minimize the cost to the City of a member's absence.
3. Participating bargaining unit members, after successful completion of an
annual assessment performance, in accordance with the standards set forth
by the Committee, are eligible to convert up to five hundred dollars ($500.00),
after pension deductions, of any combination of vacation and/or sick time at
a 100%conversion rate into their H.S.A. within sixty (60) days of completion. The
provisions in Article 46D expire on September 30, 2025.
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ARTICLE 45- MODIFIED WORK & LIGHT DUTY
Modified Work/Light Duty Assignments (Workers' Compensation':
A. A bargaining unit member who has been released to work with restrictions may
be accommodated with a modified work/light duty assignment at the discretion
the Director of Human Resources and Risk Management and the Fire Chief. A
bargaining unit member may choose to accept or decline the modified work/light
duty assignment. If a bargaining unit member declines an offer of a modified
work/light duty assignment, the bargaining unit member is required to remain off
work until released to full duty with no restrictions, and during this time, (s)he will be
required to use accrued and available leave time in the following order: sick and
vacation. Additionally, a bargaining unit member who declines an offer of a
modified work/light duty assignment and who meets the eligibility requirements for
leave under FMLA, will have his/her time off automatically designated as FMLA.
B. Bargaining unit members who accept a light/restricted duty assignment in
connection with a Workers' Compensation claim and are, accordingly,
temporarily unable to discharge their duties as a regular shift employee but are
otherwise able to work a "full time" schedule, shall be placed on a forty (40) hour
workweek.
C. Bargaining unit members who are placed on light/restricted duty in connection
with a Workers' Compensation claim shall report to the Fire Chief (or Designee) for
their daily assignments. While on such restricted duty, the member's rate of pay
shall not be adjusted; however, the City will provide up to two (2) hours (0.4 hours
per day not to be fractionalized) of straight time in each workweek so that
members who are working a forty (40) hour weekly schedule will have the
opportunity to maintain forty-eight (48) hours of pay in the workweek.
D. Bargaining unit members, shall work the following schedules for the duration of
their light/restricted duty (unless their Workers' Compensation provider indicates a
required reduction in working hours):
1. Five (5) - Eight (8) hour days (Monday through Friday)
i. Effective October 1, 2022: Forty (40) hours per week scheduled plus
up to eight (8) hours (1.6 hours per day not to be fractionalized) of
pay code: FW
ii. Effective upon full implementation of 24/72 schedule: Forty (40) hours
per week scheduled plus up to two (2) hours (0.4 hours per day not
to be fractionalized) of pay code: FW
E. Modified Work/Light Duty Assignments (Other':
The City complies with the Americans with Disabilities Act Amendments Act
(ADAAA) to provide reasonable accommodations to bargaining unit members
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ARTICLE 45 -MODIFIED WORK & LIGHT DUTY
who request them and are qualified. A bargaining unit member may request an
accommodation and/or more information by contacting the Human Resources
and Risk Management Department. Due to federal laws surrounding leave and
accommodations, all Modified Work/Light Duty requests must be made directly to
the Human Resources and Risk Management Department and are subject to
approval by the Director of Human Resources and Risk Management (or
Designee). Human Resources may consult with the Fire Chief (or Designee)
regarding a bargaining unit member's work restrictions in order to assist in
evaluating the feasibility of an accommodation.
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ARTICLE 46- DISCIPLINE & PERFORMANCE MANAGEMENT
A. During the first twelve (12) months of their employment with the City,all employees
are considered to be probationary, meaning in part that they are subject to
discipline, up to and including dismissal, without recourse to the grievance
procedure.
B. The City recognizes the following types of disciplinary actions:
Minor Discipline:
• Written counseling (documented verbal warning)
• Written notice
Major Discipline:
• Unpaid suspension
• Demotion
• Termination
The type of discipline utilized may vary in each case depending on the employee's
work history, the severity of the conduct, and the facts and circumstances of the
case. Employees who have successfully completed their initial probationary
period may be disciplined or terminated for any of the following reasons. Examples
are illustrative and not an all-inclusive list.
1. Incompetency or inefficiency in the performance of duties.
2. Insubordination
3. Refusal to fully and truthfully cooperate in a City-initiated
investigations.
4. Refusal to perform assigned work.
5. Excessive absenteeism or tardiness.
6. Carelessness and/or negligence in the handling or control of
City property or the misappropriation of City property.
7. Discourteous, insulting, abusive or inflammatory language or
conduct toward the public, a supervisor, or other employees.
8. Absence from duty without authorization, including refusal to
report to duty on time.
9. Acceptance of a gift in violation of Palm Beach County Code
of Ethics and/or F.S.S. 112.3148.
10. Unauthorized personal possession of weapons while on duty
on City property.
11. Violations of City's harassment policy.
12. Suspension, revocation, or expiration of driver's license where
driving is part of the employee's job responsibilities.
13.Suspension or revocation of any required license or
certification.
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ARTICLE 46- DISCIPLINE & PERFORMANCE MANAGEMENT
14. Abuse of unscheduled leave, or false claim of eligibility for
such leave.
15. Engaging in other forms of employment while on
unscheduled leave or Acute Leave.
16. Failure to report secondary employment as required by the
City.
17. Engaging in other forms of employment while on approved
FMLA or ADA leave if:
a. The employee declines to accept a light duty
assignment; or
b. The physical demands or requirements of the other
form of employment exceed the limitation(s) imposed
by the employee's treating physician; or
c. The employee fails to inform the City of such other
employment in accordance with the City's
requirement.
18. Failure to report to duty when directed to do so during an
emergency.
Disciplinary action may be taken for just cause.
D. TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION
Minor Discipline Appeal/Response Options:
a. Written Counseling may be appealed to the Fire Chief within
ten (10) calendar days of issuance. The Fire Chief's
determination is final and not subject to further review or
appeal.
b. Written Comments
Members may submit written comments in response to any
Minor Discipline for inclusion in their personnel files.
c. Administrative Appeal
Members may request to have an Administrative Appeal with
the Fire Chief (or Designee) by making such request in writing
or by electronic mail directly to the Fire Chief within ten (10)
calendar days of receipt of a Written Notice, Written Notice
in Lieu of Suspension, or Unpaid Suspension of less than
twenty-four (24) hours.
Within thirty (30) calendar days of conducting an
Administrative Appeal, the Fire Chief (or Designee) will
provide the member with a written response of his/her
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ARTICLE 46- DISCIPLINE & PERFORMANCE MANAGEMENT
determination. This determination is final and not subject to
further review or appeal.
Major Discipline Appeal/Response Options:
a. Written Comments
Members may submit written comments in response to any
Major Discipline for inclusion in their personnel files.
b. Predetermination Conference
(i) Prior to the imposition of any Major Discipline, members
are entitled to participate in a Predetermination
Conference with the City Manager (or Designee).
Members will be provided a letter explaining their
eligibility to participate in the Predetermination
Conference. If a member wishes to participate, (s)he
must timely elect to do so by completing and returning
the Election of Rights form to the Director of Human
Resources and Risk Management by the deadline
stated in the letter, and (s)he must attend the
Predetermination Conference as scheduled. A
member may have a representative attend the
Conference with him/her.
As soon as practical after the Predetermination Conference,
the member will be notified in writing of the City's Manager's
decision.
(ii) If no agreement is reached following the City
Manager's response to the Predetermination
Conference, the Union may refer the matter on behalf
of the member to Arbitration by notifying the Director
of Human Resources and Risk Management and the
City Manager by electronic mail on or by the tenth
(10'") day of receipt of the City Manager's response.
Referrals to Arbitration related to this section begin at
Step Three of the Grievance Procedure.
Employees who are not members of the Union, and whom the
Union refuses to represent as a result of such non-membership
in the Union, may proceed to Arbitration on their own and at
their own expense. In such an event, the employee will be
responsible for all expenses for which the Union is responsible
when the Union chooses to arbitrate in accordance with
Article 33 of this Agreement.
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ARTICLE 47-SEAT ASSIGNMENT
A. Procedures for the seat bid process will be set forth in a department policy.
B. Although it is the intent of this Article and the Seat Bid Policy is to provide
bargaining unit members the opportunity to indicate preference in a seat bid
assignment, members may be assigned to another station or vehicle based upon
legitimate departmental objectives, including, but not limited to, staffing and
specialty needs of the department as determined by the Fire Chief.
C. The provisions of this Article do not constitute a waiver by the City of its right to
determine the mission of the Fire Rescue Department or its right to determine the
number and type of personnel allocated to any particular shift, station, or
specialty team.
D. The provisions of this Article may be amended or modified by written mutual
agreement between the Union and the City.
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ARTICLE 48- DURATION
A. This Agreement shall be in force and effective upon ratification by both parties
and remain in full force and effect until September 30, 2025. If all issues are not
resolved by September 30, 2025, this Agreement remains in force and shall
constitute the status quo during any period of negotiations for a successor
Agreement.
B. Negotiations for a successor Agreement shall begin no later than April 1, 2025
upon written notice from either Party to the other.
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ADDENDUM "A" DRUG FREE WORKPLACE POLICY
1.1 PURPOSE
The City of Boynton Beach is committed to providing a safe work environment for its
employees and our community. Drug and alcohol abuse is national problem that is
prevalent in society and impairs the health and safety of employees, promotes crime
and harms our local community. Moreover, the illegal possession, use, sale, and
distribution of controlled drugs are criminal acts that directly threaten the integrity of all
employees in the City. The City is addressing this problem through its DRUG FREE
WORKPLACE Program.
Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is
to balance our respect for individual privacy with our need to keep a safe and
productive drug and alcohol-free environment. We encourage those who use drugs or
abuse alcohol to seek help in overcoming their problem. The City considers substance
abuse to be an unsafe and counterproductive work practice.
1.2 SCOPE
This policy applies to all employees of the City of Boynton Beach.
1.3 DEFINITIONS
1 . "Chain of Custody" refers to the methodology of tracking specified materials or
substances for the purpose of maintaining control and accountability from initial
collection to the final disposition for all such materials or substances and providing
for accountability at each stage in handling, testing, and strong specimens and
reporting test results.
2. "Confirmation Test", "confirmed test" or "confirmed drug test" is a second
analytical procedure used to identify the presence of a specific drug or
metabolite in a specimen, which test procedure used to identify the presence of
a specific drug or metabolite in a specimen, which test must be different in
scientific principle from that of the initial test procedure and must be capable of
providing requisite specificity, sensitivity, and quantitative accuracy.
3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and
intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP);
hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic
narcotics; designer drugs; or a metabolite of any of the substances listed herein.
Threshold detection levels are established by Florida regulations. Therefore,
activities participated in while off duty may result in positive drug tests.
Consumption of a preparation including alcohol (beverages or medicines). A list
of the most common medications which may alter or affect a drug test are found
in Section 1.5, Letter I of this policy. Employees and job applicants should review
this list prior to submitting to a drug test.
4. "Drug test" or "test" means any chemical, biological, or physical instrumental
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ADDENDUM "A" DRUG FREE WORKPLACE POLICY
analysis administered for the purpose of determining the presence or absence of
a drug or its metabolites.
5. "Employee" means an individual who works for salary, wages, or other
remuneration for the City and is covered by the workers compensation act.
6. "Employee Assistance Program" (EAP) is an established program for employee
assessment, counseling, and referral to an alcohol and drug rehabilitation
program.
7. "Employer" means an agency within state government that employs individuals
for salary, wages, or other remuneration.
8. "Implementation Period" means October 1, 2015 through September 30, 2018.
9. "Initial drug test" means a screening procedure of the blood and/or urine of
employees and job applicants for the presence of alcohol and illegal drugs in
accordance with the Florida Drug Free Workplace Program and appropriate
Florida administrative rules.
10. "Job Applicant" means a person who has applied for a position with the City and
has been offered employment conditioned upon successfully passing a drug test.
11. "Mandatory-testing position/Safety-sensitive position" means with respect to a
public employer, a job assignment that requires the employee to carry a firearm,
work closely with an employee who carries a firearm, perform life-threatening
procedures,work with heavy or dangerous machinery,work as a safety inspector,
work with children, work with detainees in the correctional system, work with
confidential information or documents pertaining to criminal investigations, work
with controlled substances,or a job assignment that requires an employee security
background check, pursuant to F.S. 110.1127, or a job assignment in which a
momentary lapse in attention could result in injury or death to another person.
12. "Medical Review Officer (MRO)" means a licensed physician with knowledge of
prescription drugs, pharmacology, and toxicology of drugs, who may be
responsible for receiving and reviewing all positive confirmed test results and who
may be responsible for contacting all individuals who test positive in a
confirmation test to inquire about possible medications which could have caused
a positive result.The MRO need not be an employee of the City.
13. "Prescription or Nonprescription Medication" means a drug or medication
obtained pursuant to a prescription as defined by F.S. 893.02 or a medication that
is authorized pursuant to federal or state law for general distribution and use
without a prescription in the treatment of human diseases, ailments, or injuries.
14. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that
an employee is using or has used drugs in violation of the employer's policy drawn
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ADDENDUM "A" DRUG FREE WORKPLACE POLICY
from specific objective and articulable facts and reasonable inferences drawn
from those facts in light of experience. Reasonable suspicion drug testing may not
be required except upon the recommendation of a supervisor who is at least one
level of supervision higher than the immediate supervisor of the employee in
question. Among other things, such facts and inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug
use or of the physical symptoms or manifestations of being under the
influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance.
c. A report of drug use, provided by a reliable and credible source,which has
been independently corroborated.
d. Evidence that an individual has tampered with a drug test during
employment with the current employer.
e. Information that an employee has caused, or contributed to, an accident
while at work:
i. If a bargaining unit member is involved in an accident in which the
member was driving a City owned vehicle, and any one of the
following occurs: an individual dies, an individual suffers a bodily
injury and immediately receives medical treatment away from the
scene of an accident, one or more vehicles incurs "disabling
damage" as the result of the occurrence and is transported away
from the scene by a tow truck or other vehicle and under any
circumstances when the bargaining unit member is issued a traffic
citation.
ii. "Disabling damage" means damage that precludes departure of
any vehicle from the scene of the occurrence in its usual manner.
Disabling damages includes damage to vehicles that could have
been operated but would have been further damaged if so
operated. Disabling damage does not include damage that could
be remedied temporarily at the scene of the occurrence without
special tools or parts; a flat tire with no spare available, minor
scrapes/scratches to the exterior of the vehicle; or damage to
headlights, taillights, turn signals, horns or windshield wipers that
make them inoperative.
iii. An order to submit to post accident testing can be made by a
Battalion Chief or any chief officer within the division. Any
bargaining unit member ordered for a post-accident drug test may,
at the member's option, be accompanied to the testing by an
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ADDENDUM "A" DRUG FREE WORKPLACE POLICY
available Union Representative. The Union Representative shall act
as a quiet observer to the testing procedure and shall not interfere
with the testing procedures.
iv. Refusal to submit to an order for post-accident drug testing, or
intentionally delaying a post-accident drug test can result in
termination; however, nothing herein shall abrogate a bargaining
unit member's right to challenge the results of the drug test.
f. Evidence that an employee has used, possessed, sold, solicited, or
transferred drugs while working or while on the employer's premises or while
operating the employer's vehicle, machinery, or equipment.
15. "Special-Risk Position" means a position that is required to be filled by a person
who is certified under Chapter 633, Fire Prevention and Control or Chapter 943,
Department of Law enforcement.
16. "Specimen" means a tissue or product of the human body including blood, urine,
or saliva capable of revealing the presence of alcohol and/or illegal drugs or their
metabolites.
17. "Stepping Forward" means that an employee comes forward and requests
assistance for substance abuse during the Implementation Period and prior to
being selected for a random drug test, or prior to being ordered to submit to a
reasonable suspicion drug test, fitness for duty evaluation, or prior to being
involved in an accident requiring drug testing.
1.4 POLICY
A. It is the policy of the City that an employee found with the presence of alcohol,
illegal drugs, or prescription medication in levels exceeding prescribed dosage
in his/her system, in possession of, using,selling, trading or offering for sale illegal
drugs or alcohol during working hours, may be subject to disciplinary action up
to and including termination. A refusal to submit to a drug test is grounds for
immediate termination.
An employee reporting for work visibly impaired and that is unable to properly
perform required duties, will not be allowed to work. The supervisor should first
attempt to seek another supervisor's opinion of the employee's status. Then
the supervisor should consult privately with employee with the observation, to
rule out any problem(s) that may have been caused by prescription drugs.
If, in the opinion of both supervisors, the employee is considered impaired, the
employee should be drug tested by an authorized provider and then provided
safe transportation home. An impaired employee must not be allowed to drive
and if necessary can be transported home by a supervisor or another
employee.
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It is the responsibility of the City's supervisors to counsel with an employee
whenever they see changes in performance that suggest a potential
employee problem. The supervisor may suggest that the employee voluntarily
seek help from the employee assistance program or decide that the severity
of the observed problem is such that a formal referral to the EAP should be
made.
B. USE OF PRESCRIPTION MEDICATIONS/MEDICAL AUTHORIZATIONS DRUGS WHILE
ON DUTY
1 . Prescription and/or medically authorized drugs, per FL Statute, Title XXIX,
Chapter 381, Section 986, or prescribed by the employee's physician, who
is licensed to practice medicine in the United States, may be taken during
working hours in strict accordance with the provisions of the Policy.
Employees should never use intoxicants or drugs that could cause
impairment during work hours. An employee who is using a prescription
medication while on the job shall do so in strict accordance with medical
directions.
2. It is the employee's responsibility to notify the prescribing physician of
his/her job requirements/functions to ensure that the physician approves
the use of the prescription medication while the employee is performing
his/her job duties. It is recommended that the employee provide his/her
physician with a copy of the N.F.P.A. standards for firefighters so the
physician is aware of the physical requirements of the position.
3. It is the employee's responsibility to immediately notify the Director of
Human Resources and Risk Management (or Designee) when (s)he is
prescribed any medication that is considered a controlled substance as
defined and amended from time to time in Florida Statutes 893.03. Failure
to disclose this information may result in disciplinary action up to and
including termination of employment. The Director of Human Resources
and Risk Management may require the employee to provide a note from
his/her prescribing physician stating that the employee is able to perform
the functions of a firefighter while taking the medication as prescribed.
4. The employee shall notify the Director of Human Resources and Risk
Management or designee if the use of his/her properly prescribed or
medically authorized medications/drugs as defined and amended from
time to time in Florida Statutes 893.03 and Title XXIX, Chapter 381, Section
986) will affect the employee's work performance.
5. If the prescribing physician determines that the employee cannot perform
his/her job duties without impairment while taking the prescribed
medication, then the employee will be required to use his/her sick and/or
FMLA leave, or unpaid leave if his/her leave pools are exhausted, until (s)he
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ADDENDUM "A" DRUG FREE WORKPLACE POLICY
can return to work. If the employee reports to work, the City will presume
that the employee is not impaired.
6. Abuse of prescription drugs will not be tolerated.
A. Conditions of Pre-Employment
The City will conduct a pre-employment screening examination designed to
prevent hiring individuals who use drugs.
1. To determine the suitability of employees to work for the City the
following pre-employment conditions are established:
a) Job Applicants in mandatory-testing positions, safety-sensitive
positions, and/or special-risk positions will be tested prior to
employment for drug use and alcohol use.
b) Any job applicant, as defined in the above section, who refuses
to submit to drug and alcohol testing as part of the pre-
employment testing process will be refused employment.
c) Any job applicant who tests positive for drugs or alcohol use will
be refused employment.
d) Confidentiality will be maintained pursuant to this policy.
B. Employee Compliance
It shall be a condition of continued employment for all employees to submit to
drug and alcohol screening under the policy. If there is a conflict between this
policy and the collective bargaining agreement, the collective bargaining
agreement shall control. Refusal to submit to drug testing is grounds for
immediate termination. Refusal to submit to drug testing is not a waiver of the
employee's right to challenge both the order and the test outcome.
C. Employee Assistance Program
The City offers an Employee Assistance Program (EAP) which provides help to
employees and their families who suffer from various difficulties including
alcohol or drug abuse.
In addition to the City's EAP Program, below is a list of local assistance
programs and local drug and alcohol rehabilitation programs:
a) Narcotics Anonymous Help Line : 561-848-6262
b) Drug Abuse Foundation of Palm Beach County : 561-278-0000
c) Palm Beach Al-Anon/Al-a-Teen Information : 561-882-0308
d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700
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e) Comprehensive Alcoholism Rehabilitation Program : 561-844-6400
It is the responsibility of each employee to seek assistance before drugs and
alcohol lead to performance problems.
1 . Use of the employee assistance program, on a voluntary basis, will not
affect the determination of appropriate disciplinary action.
2. An employee's decision to seek assistance from the Employee
Assistance Program on a voluntary basis prior to any incident warranting
disciplinary action will not be used as the basis for disciplinary action or
in any disciplinary proceeding.
On the other hand, using EAP will not be a defense to the imposition of
disciplinary action where facts providing violation of this policy are
obtained outside of the EAP. Accordingly, the purpose and practices
of this policy and the EAP are not in conflict but are distinctly separate
in their applications.
3. Through the EAP, the City will provide appropriate assessment, referral
to treatment, and treatment of drug and alcohol abuse.
4. Upon successful completion of a drug and/or alcohol treatment
program an employee may be released to resume work but will be
subject to drug testing on a random, periodic basis, for up to two years
thereafter as a condition of continued employment. These stipulations
may be incorporated in a Last Chance Agreement.
5. An individual's participation in the program will not be made part of any
personnel records and will remain confidential to the extent necessary
to comply with this policy. Medical and insurance records, if any,will be
preserved in the same confidential manner as all other medical records
and be retained in a separate file as provided by law.
D. Management's Responsibility
The City will maintain screening practices to identify employees who use illegal
drugs or abuse alcohol. Department Heads are responsible for implementing
this Drug Free Workplace Policy. It is the responsibility of the supervisors to
observe the behavior of employees on the job as a precaution against
unstable or unreliable behavior which could threaten the safety and well-
being of employees and the community.
1. Supervisors are responsible for maintaining a safe work environment by
monitoring employees' behaviors and performance.
2. In the event a supervisor has a reasonable suspicion that an employee
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may be under the influence of drugs or alcohol, the employee must be
sent for reasonable suspicion drug testing. A form for documenting
cause for a reasonable suspicion drug test is attached.
3. In all cases when an employee is to be removed from duty for drug
testing, the Department Head and Human Resources & Risk
Management should be immediately notified.
E. Employee's Responsibility
1 . It is each employee's responsibility to be fit for duty when reporting for
work and to inform his/her supervisor if (s) he is under prescription or non-
prescription medication which may affect job performance.
2. In the event an employee observes behavior in another employee,
which raises a doubt as to that employee's ability to perform work in a
safe, reliable and trustworthy manner, the employee should report this
behavior to his/her supervisor.
3. Employees, who enter drug or alcohol treatment and/or rehabilitation
program voluntarily at the request or insistence of the City or, as a
condition of continued employment are required to fully participate in
and complete the recommended treatment. Any employee who
enters a drug or alcohol treatment and/or rehabilitation program will be
responsible for payment of the treatment and/or program. If the
employee fails to comply with the treatment and/or program, the
employee will be subject to discipline, up to and including termination.
F. Medical Review Officer's (MRO) Responsibilities
1. The MRO will review all information from the testing laboratory in the
event of a positive, confirmed test. The MRO will review any information
from the employee or job applicant regarding the use of medication or
other relevant medical information set forth in the form submitted prior
to drug testing.
2. The MRO may request that the testing laboratory provide quantification
of test results.
3. The MRO will provide confirmed test results to the Human Resources
representative from the City.
1.5 PROCEDURE
In order to maintain a drug and alcohol-free work environment, the City will test
for the presence of alcohol and drugs in the following circumstances:
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1 . Pre-employment: Job applicants who have been offered a position of
employment and whose job requirements are that of a mandatory-
testing, safety-sensitive, or special-risk position are required to take a
drug and alcohol test.
2. Reasonable suspicion: Employees who are determined to be under
reasonable suspicion of drug or alcohol use (as defined herein), are
required to take a drug and alcohol test.
3. Post-incident: Employees are required to take a drug and alcohol test
when the employee is involved in a job-related incident, which results in
any of the following: (a) discernable property damage, (b) the
employee receiving medical attention, or (c) the employee receiving
a citation. [See 14.e. (i-iv)].
4. Random Testing: Employees are subject to random drug testing.
Random selection for testing is done by an independent third party,
approved by both the IAFF and the City, by a random computer-
generated list. No more than one hundred percent (100%) of the IAFF
population will be randomly tested during any one contract year:
October 1st through September 30'h.
5. Fitness for duty: All employees who are subject to routine annual
medical examinations are required to take a drug and alcohol test as
part of their medical examination.
6. Follow-up: All employees who have been referred to an employee
assistance program or rehabilitation program by the City for drug
and/or alcohol abuse are required to take drug and alcohol tests on a
quarterly basis for up to two (2) years after their return to work. These
stipulations may be codified in a Last Chance Agreement.
B. Consequences of Refusing a Drug Test
1. An employee who refuses to submit to a drug and alcohol test will be
subject to immediate termination. An employee who refuses to submit
to a drug test forfeits his/her eligibility for all workers' compensation
medical and indemnity benefits.
2. A job applicant, as defined in section 1.3, #16, who refuses to submit to
a drug and alcohol test will not be hired.
C. Actions Following a Positive Confirmed Test
The City may administer disciplinary action, up to and including termination,
for any employee who has a positive, confirmed drug or alcohol test.
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ADDENDUM "A" DRUG FREE WORKPLACE POLICY
D. Confidentiality
Confidentiality of records concerning drug and alcohol testing will be
maintained to the extent necessary to comply with this policy. All information,
reports, memos and drug test reports,written or otherwise, received by the City
through the drug testing program will be kept confidential as provided by law.
The City's Employee Assistance Program, laboratories, drug, and alcohol
rehabilitation programs who receive or have access to information concerning
drug test results shall keep all information confidential. No such information will
be released unless there is a voluntary written consent, signed by an employee
or job applicant, except when such release is compelled by a court pursuant
to an appeal taken under this section, or when deemed appropriate by a
professional or occupational licensing board in a related disciplinary
proceeding.
The City will maintain records concerning drug testing separate and apart from
an employee's or job applicant's file.
E. Reporting of Use of Medication
Employees and job applicants may confidentially report the use of prescription
or non- prescription medication both before and after having a drug test.
F. Notice of Common Medications
A list of most common medications, by brand name or common name, as
applicable, as well as by chemical name, which may alter or affect a drug
test, is listed below in section I. Employees and job applicants should review
this list prior to submitting to a drug test.
G. Medication Information
An employee or job applicant may consult with the testing laboratory for
technical information regarding prescription and non-prescription information.
H. Employee Assistance Program
Refer to the Employee Assistance Program Policy for the name, address and
telephone number of the City's current provider or contact the Human
Resources and Risk Management Department.
I. Drugs to be Tested
In accordance with F.S.893.03 as amended from time to time, the following
is an illustrative and non-exhaustive list of drugs that will be tested:
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October 1, 2022-September 30, 2025 Union City
ADDENDUM "A" DRUG FREE WORKPLACE POLICY
1. Alcohol, including distilled spirits,wine, malt beverages and intoxicating
liquors. A positive Breath Alcohol Test will be confirmed by a Blood
Alcohol Test.
2. Amphetamines
3. Cocaine
4. Phencyclidine (PCP)
5. Hallucinogens
6. Opiates
7. Methaqualone
8. Barbiturates
9. Benzodiazepines
10. Synthetic Narcotics
11 . Designer Drugs
12. A metabolite on any substance listed herein
13. Anabolic/Androgenic Steroids.
A list of drugs by brand names or common names includes:
Opium Dover's Powder, Paregoric, Parepectolin
Morphine Morphine, Pectoral Syrup
Codeine Tylenol with Codeine, Empirin with Codeine,
Robitussan A-C, Hydrocodone, Coke Crack
Heroin Diacetylmorphine, horse, smack
Hydromorphone Dilaudid
Meperidine Demerol, Mepergan
Methadone Dolophine, Methadone, Methadose
Other Narcotics Laam, Leritine, Numorphan, Percodan,
Tussiones, Fentanyl, Darvon, Talwin, Lomotil,
Lorcet, Vicodin, Percocet
Chloral Hydrate Noctec, Sommos
Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal,
Seconal, Lotusate
Benzodiazepines Atavan, Azene,Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium,
Verstran, Halcion, Paxipam, Restoril
Methaqualone Quaalude
Methamphetamine Methyl Ice
Glutethimide Doriden
Other Depressants Equanil, Miltown, Noludar, Placidyl, Valmid
NEW DRUGS - New drugs will be added to the list of controlled substances based on
amendments to the Florida Statutes and/or any federal law, rule, regulation, or
procedure after a review with the Labor-Management Committee.
PRESCRIPTION DRUGS
Many prescription drugs can alter or affect drug tests. Due to the large number of
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October 1, 2022-September 30, 2025 Union City
ADDENDUM "A" DRUG FREE WORKPLACE POLICY
obscure brand names and the constant marketing of new products, this list is illustrative
and not exhaustive.
Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label
for alcohol content.
Amphetamines: Pbetrol, Biphetamine, Desoxyn, Dexedrine, Didrex, Lonamine,
Fastin.
Cannabinoids: Marinol (Dronabinol, THC).
Cocaine: Cocaine, HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Methaqualone: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine,
Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC,
Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid
(Hydromorphone), MS Contin and Roxano (morphine sulfate), Percodan, Vicodin,
Tussiorganidine, etc.
Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl,
Fioricet, Esgic, Butisol, Mebarel, Butabarbital, Butalbital, Phrenilin, Triad, etc.
Benzodiazepine: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax,
Serax, Tanzene, Valium, Verstran, Halcion, Paxipam, Restoril, Centrax, etc.
Methadone: Dolophone, Metadose, etc.
Propoxyphene: Darvocet, Darvon N, Dolene, etc.
ANABOLIC/ANDROGENIC STEROID TESTING
Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act
(CSA) as of February 27, 1991 .
An employee or job applicant who is contacted by the MRO may confidentially report
the use of prescription medication(s) because the presence of these medications in the
body may have affected the outcome of the test.
J. Challenge of Test Results
1 . An employee who receives a positive confirmed test result may,
within five (5) working days, submit information to the Director of Human
Resources and Risk Management explaining or contesting the test result
and explaining why the test result does not constitute a violation of the
City's policy. An employee may provide a signed release authorizing the
Director of Human Resources and Risk Management to provide the test
result and his/her submitted information to the Union President (or
Designee) and/or the Fire Chief.
2. If the explanation or challenge of the employee is unsatisfactory to
the City, the City will provide a written explanation as to why the
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October 1, 2022 -September 30, 2025 Union City
ADDENDUM "A" DRUG FREE WORKPLACE POLICY
employee's explanation is unsatisfactory, and a copy of the report of
positive confirmed test results will be provided to the employee.
3. An employee may further challenge the results of the test in a court
of competent jurisdiction or, if the drug was administered due to a
workplace injury, by filing a claim for benefits with a judge of compensation
claims, pursuant to Chapter 440, Florida Statutes.
4. If an employee contests the drug test results (s)he must promptly
notify the Medical Review Officer.
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October 1, 2022-September 30, 2025 Union City
ADDENDUM "B" CAREER LADDER
A. As referenced in Article 26A. - Education, non-probationary members are
permitted to attend schools or classes for Career Ladder requirements.
Reimbursement rates are not intended to exceed Florida In-State tuition rates.
Course selection and attendance must be pre-approved by the Fire Chief.
B. Bargaining unit members are "Grandfathered-In" the current positions in which
they are placed upon ratification of this Agreement.
C. Prerequisites & Requirements
Probationary Firefighter (Prob FF):
1 . Certified Florida Firefighter; and
2. Certified Florida Emergency Medical Technician; and
3. Currently enrolled in Last Semester Paramedic School; or
4. Certified Florida Paramedic
Firefighter (FF):
1. Successful completion of the Probationary Firefighter Manual ("Green
Book"); and
2. Successful completion of FF Performance and Written Examinations; and
3. Minimum of one (1) year of service with BBFRD; and
4. Florida State Paramedic (Employees hired after October 1, 2022); and
5. Successful completion of the annual evaluation process for Probationary
Firefighters; and
6. Selection by the Fire Chief with approval by the City Manager; and
7. Members hired after October 1, 2018 must be a Certified Florida Paramedic
and be in "Active Paramedic" status within the Department to advance to
Firefighter Year 3 of the Pay Plan.
Operator Engineer (OE) & Acting Operator Engineer:
1 . Successful completion of all prerequisite requirements for a Firefighter; and
2. Minimum of four (4) years of service with BBFR; and
3. Successful completion of FFP 2120 Building Construction for Fire Service*;
and
4. Operator Engineer Manual ("Red Book"); and
5. State of Florida Certified Pump Operator; and
6. Successful completion of BBFRD Apparatus, Hydraulics, and Aerial
Operation Performance and Written Examinations.
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October 1, 2022-September 30, 2025 Union City
1
ADDENDUM "B" CAREER LADDER
Rescue Unit Acting Lieutenant:
1. Minimum of four (4) years of service with BBFR; and
2. Successful completion FFP 2120 Building Construction for Fire Service*; and
3. Complete a Pre-Incident Plan on a City Target Hazard (to be pre-approved
by the Safety Captain); and
4. NIMS 100, 200, 700, and 800 compliant; and
5. Successful completion of BBFR Officer Candidate Training
Rescue / Suppression Unit Acting Lieutenant:
1. Serving as a BBFR Operator Engineer for a minimum of 1 year; and
2. Complete a Pre-Incident Plan on a City Target Hazard (to be pre-approved
by the Safety Captain); and
3. Successful completion of BBFR Officer Candidate Training; and
4. NIMS 100, 200, 700, and 800 compliant
Lieutenant(LT):
1. Minimum of six (6) years of service with BBFR; may be reduced by one (1)
year with Florida State recognized Associates Degree or higher; and
2. Minimum of six (6) months serving as an Acting Lieutenant; and
3. Must be on a current Operator Engineer (O/E) promotional list or serving as
a BBFR Operator Engineer for a minimum of 1 year; and
4. Florida State Certified Fire Officer I; and
5. NIMS 300 and 400 compliant; and
6. Successful completion of Lieutenant promotional examination/assessment
process and selection by the Fire Chief with approval by the City Manager.
Acting Captain:
1 . Serving as a Lieutenant for a minimum of six (6) months; or
2. Must be on current Captain Eligibility List
Captain (CAPT):
1. Minimum of nine (9) years of service with BBFR; and
2. Minimum of one (1) year as a BBFR Lieutenant; and
3. Successful completion of: (Effective 10/01/2023)
a. Florida Health and Safety Officer*
b. 6742 Florida Incident Safety Officer*
c. 7529 Legal Issues for the Safety Officer*; and
4. Successful completion of Captain's promotional examination / assessment
process and selection by the Fire Chief with approval by the City Manager.
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October 1, 2022-September 30, 2025 Union City
ADDENDUM "B" CAREER LADDER
Acting Battalion Chief:
1 . Serving as Captain for a minimum of six (6) months.
Battalion Chief (BC):
1. Minimum of twelve (12) years of service with BBFR; and
2. Minimum of two (2) years as a Captain with BBFR: and
3. Successful completion of: (Effective 10/01/2023)
a) 9516 Chief Officer Course*
b) 2770 Ethical and Legal Issue*s; and
4. State Certified Fire Officer II; and
5. Successful completion of Battalion Chief's promotional examination /
assessment process and selection by the Fire Chief with approval by the
City Manager.
*Or equivalent, as determined and approved by the Fire Chief.
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October 1, 2022-September 30, 2025 Union City
ADDENDUM "C" TUITION ASSISTANCE PROGRAM
A. As referenced in Article 24 - Education, bargaining unit members are eligible for
tuition reimbursement pursuant to the City's Tuition Assistance Program, Policy No.
05-003, which is included in this Addendum. The City agrees to fund the Tuition
Assistance Program for IAFF bargaining unit members in the amount of $25,000
each fiscal year of this Agreement. Funding for this program expires on September
30, 2025 until renegotiated.
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October 1, 2022-September 30, 2025 Union City
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AGREEMENT SIGNATURE PAGE
Agreed to day of , 2022, by and between the respective parties
through the authorized representatives of the Union and the City.
Boynton Beach Association of Fire Fighters Florida Local 1891, IAFF:
By:
Witness Georgio Salome, Local 1891 President
Witness Tyler Hoffmann, Local 1891 Secretary Treasurer
City of Boynton Beach:
By:
Witness Ty Penserga, Mayor
Witness James Stables, Interim City Manager
Witness City Clerk
Approved as to Form and Correctness:
City Attorney
AGREEMENT SIGNATURE PAGE
Agreed to / day of ilk , 2022, by and between the respective parties
through the authorized representatives of the Union and the City.
Boynton Beach Association of Fire Fighters Flori. I •cal 1891, IAFF:
iIA /,
1/ /,
By:B �
,
Witness Geo •o Salame, Local 1891 President
j/ A
Witness Tyl Hoffmann, Local 1891 Secretary Treasurer
City of Boynton Beach:
. ..il- *-' f �/
By: �ii/tL
Witness Ty Penserg i ayor
_;;,rum/170,'% —, 212S
Witness James Stables, Interim City Manager
_e
_lz ,-- u il' IP
Witness City •I••rk
Approved as to For/:nd Corr‘ ness: ,.._�pyNTO/ye
0# ; ,ts' Ly
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otoivo
City Attorney 19
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