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R02-060 RESOLUTION R 02- ~gO A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORDA, RATIFYING THE AMENDMENTS TO ARTICLES 12 AND 19 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1891; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach and I.A.F.F., Local 1891 have successfully concluded re-opener negotiations to the current CBA contract, which relate to Vacation and Group Insurance; and WHEREAS, the amendments to the Agreement were ratified by the Bargaining Unit of the Union on February 22, 2002; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and employees of the City to ratify the amendments to the Agreement and execute the same; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Amendments to Articles 12 and 19 of the Collective Bargaining Agreement between the City of Boynton Beach and the I.A.F.F., Local 1891, and authorizing and directing the Mayor and City Clerk to execute the amendments which are attached hereto and made a part of the current Collective Bargaining Agreement. Section 2. This Resolution will become effective immediately upon passage. ~:\CA\RESOL~greements\CBA Ratificatims\lAFF Amendments 12 and 19.doc3/22/200210:31 AM PASSED AND ADOPTED this o~ CITY day of April, 2002. .EACH, FLORIDA ATTEST: mmissi~oner g:\CA\RESOLAgreements\CBA Ratificatims\lAFF Amendments 12 and 19.doc3/22/200210:31AM ARTICLE '19 VACATION Section 1 The following plans (A and B) outline the vacation leave policy for both the 40-hour employees and the Fire Rescue Department shift employees. Vacations will be picked on a seniority basis and can be taken in increments of 12 or 24 hours, one shift at a time. Plan A: The following language and schedule apply to all full time employees with an employment date prior to October 1, 1993. FULL-TIME/NON-SHIFT EMPLOYEES Each full time employee, with the exception of shift members of the Fire Rescue Department, shall earn vacation leave at the rate of one working day per month during the first year of service. Each employee shall, at the end of each year thereafter be credited with additional vacation days (accumulated in hours)for each full year of continuous service as outlined in the chart below. The number of days/hours credited per year will not increase after the 21 st year of service unless the included chart is amended. Employees on initial one-year probation are not eligible to take vacation for the first six months. Vacation may be accrued in accordance with the following schedule. 99-2002 IAFF APPROVED AS TO FORM: 36 Years Plan A Vacation Accrual Policy (Based on 40 hour work week) of Service Vacation Days Vacation Hours I year 12 96 2-3 years 15 120 4 years 16 128 5 years 17 136 6 years 18 144 7 years 19 152 8 years 20 160 9 years 21 168 10-15 years 22 176 16-20 years 24 192 21 years & after 25 200 FULL-TIME/SHIFT EMPLOYEES For purposes of vacation leave, each shift member of the Fire Rescue Department shall receive the equivalent of six (6) shift days (144) hours) per year vacation. Each shift member of the Fire Rescue Department shall earn one (1) 24-hour shift day additional vacation for each four years of continuous service. The number of days/hours credited per year shall not increase after the 16th year of service unless amended. In computing vacation leave earned, no increments will accrue for any pay week which includes three or more days of leave of absence without pay. For uniformed members of the Fire Rescue Department no increments will accrue for any three week pay period which includes four or more days of leave of absence without pay, or the appropriate percentage of the pay period. 99-2002 · ClTYAT O N~ IAFF 37 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years, and, in addition, will include hours earned as referenced in Article 17, Sick Leave, Section 3 Plan B: The following language and schedule apply to all full time employees with an employment date of October 1, 1993, and thereafter. FULL-TIME/NON-SHIFT EMPLOYEES Each full time employee with the exception of shift members of the Fire Rescue Department shall earn vacation leave at the rates shown in the schedule outlined in this section. Each employee shall at the end of each year be credited with additional vacation days (accumulated in hours) for each full year of continuous service as noted in the chart below. The number of days/hours credited per year will not increase after the 20th year of service unless the schedule is amended. Employees on their initial one-year probation are not eligible to take vacation for the first six months of employment. Vacation may be accrued in accordance with the following schedule: Plan B Vacation Accrual Policy (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours Hire Date until Ist Anniversary 10 Beginning of 2nd year to 4thAnniversary 15 Beginning of 5th year to 9th Anniversary 18 Beginning of 10th year to 16th Anniversary 20 Beginning of 17th year to 19th Anniversary 22 Beginning of 20th year and after 23 8O 120 144 160 176 184 99-2002 AppROVF-D AS TO F~ORM: IAFF 38 CITY FULL-TIME/SHIFT EMPLOYEES For purposes of vacation leave, each shift member of the Fire Rescue Department shall receive the equivalent number of vacation shift days (24 hours) as outlined below. Each shift member of the Fire Rescue Department shall earn one (1) 24-hour shift day additional for each four years of continuous service. The number of days/hours credited year of service unless amended. per year shall not increase after the 16th Vacation Accrual Policy (Based on Fire Rescue Department 48 hour shift) Years of Service Hire Date until 1st Anniversary 5 Beginning of 2nd year to 4th Anniversary 6 Beginning of 5th year to 9th Anniversary 7 Beginning of 10th year to 14th Anniversary 8 Beginning of 15th year and after 9 Vacation Shift Days Vacation Hours 120 144 168 192 216 Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years, and, in addition, will include hours earned as referenced in Article 17, Sick Leave, Section 3. The accrual rates listed in Plan B become effective the first pay period after ratification by both the Union and the City of Boynton Beach. Section 2. Effective 10/01/2001, the maximum vacation accrual time criteria will change from a calendar year (January 1, - December 31) to a fiscal year (October I - September 30). Previously, the contract stated: 99-2002 J_A~"F 39 Vacation leave accrued during January 1 - December 31 may exceed this stated policy (two [2] year maximum accrual), however, any amount over the allowable maximum that has not been used during that period (January 1 - December 31) will be forfeited as of December 31. In order to provide a smooth transition from calendar year to fiscal year, employees will be given additional time to use their accrued leave without penalty. Those employees who are over their two (2) year maximum on December 31, 2000 may carry the overage into the year 2001 without loss of time. Employees who are still over their maximum on September 30, 2001 will forfeit the number of hours accrued over the two (2) year maximum. Section 3. For special "one time" kind of events, employees will be allowed to accumulate more than two years earned accrued vacation with the prior approval of the Chief. Such approval must be received at a time prior to the two (2) year maximum accrual that is equal to the extra accrual that is requested. Maximum accrual will be limited to three (3) years earned vacation. Example: An employee may accrue 12 shift days in two years. The employee requests two additional days beyond the maximum. The employee must submit his/her request for the two additional days four months prior to his/her 12-shift day maximum for approval to extend the 12 days to 14. Section 4. Personnel requesting vacation time on the same day will not be approved if the issuing of the vacation time results in call back. 99-2002 IAFF 4O CITY Section 1. Medical Insurance: for the City's principal medical ARTICLE 12 GROUP INSURANCE The employee cost of all insurance premiums insurance shall be borne by the City. Types of coverage currently in effect shall not be reduced. All policies shall be reviewed annually and modifications to the insurance plans may be made which benefit both the City and the employees. Section2. Life lnsurance: Members of the bargaining unit shall be covered by $10,000 of group life insurance with the premium paid by the City. City also agrees to contribute for additional insurance coverage for each member of the bargaining unit, with total payment from the City not to exceed $3,600 per year. Section3. Dental Insurance: The City will pay the premium for the employees and $7.00 of the premium for family coverage. Section 4. Fiscal Responsibility. Both the City and the Union understand that the costs associated with providing additional benefits for employees has significantly increased over the past several years. It is the intent of the City and the Union to work together in order to find acceptable ways to reduce the City's expenses associated with providing additional benefits for employees. ~ CiTY ATTORNE..¥ 99-2002 IAFF 16 CITY.r~¢ Section 5 A. Drug-Free Workplace. Both the City and the Union recognize that substance abuse is a wide-spread problem within our society. The Union will assist Fire Rescue Department employees in obtaining assistance and treatment, if alcohol and/or substance abuse is apparent. The Union endorses the Drug Free Workplace Policy of the City of Boynton Beach, and will cooperate fully with the City to continue with the implementation and enforcement of the policy. B. The policy and procedures for Post Accident Drug and Alcohol testing will be as outlined in the "Post Accident Drug and Alcohol Testing Policy" (Addendum "C"). C. The Post Accident Drug and Alcohol Testing Policy will become effective the first pay period after ratification by both the Union and the City of Boynton Beach. Section 6. The City agrees, that for a full-time firefighter who is killed in the line of duty as per F.S.S. 112.191 (2)(0 or suffers a catastrophic injury, as defined in F.S.S. 440.02(37) and provided for in F.S.S. 112.191 (2)(g), or partially or totally disabled as provided for in F.S.S. 112.18, the City shal~ pay the entire premium for the employer's health insurance plan for the injured employee, the injured employee's spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support, or the child is a full-time or part-time student and is dependent for support. The term "health insurance plan" does not include supplemental IAFF 17 benefits that are not part of the basic group health insurance plan. If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried, and for the dependent children under the conditions outlined in this paragraph. 99-2002 [AFF 18 CITY/~ UNION CONTRACT- ADDENDUM "C" POST ACCIDENT DRUG AND ALCOHOL TESTING POLICY PAGE 1. Post Accident Testing. 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. 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 or headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. An order to submit to post accident testing can be made by a Battalion Chief (Shift Commander) or by an Acting Shift Commander. Any bargaining unit member ordered for a post accident drug test may, at the member's option be accompanied to the testing by a Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. 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. UNION CONTRACT - ADDENDUM "C" PAGE 2. Post Accident Drug and Alcohol Testing Procedure 1. Employee or supervisor will contact CorVel to report the incident as outlined in APM 12.01 .O2. 2. Notification will include identification of employee as driver in a motor vehicle accident requiring drug and alcohol testing. 3. Supervisor and employee will proceed to primary or alternate collection site for mandatory testing, following initial medical evaluation and treatment for any injuries sustained. 4. Primary collection site for drug and alcohol testing is: Pinecrest Outpatient Center 15340 Jog Road Delray Beach, FL 33413 Hours of Operation: 8:00 a.m. - 5:30 p.m., Monday through Friday 5. Laboratory performing testing is: Quest Diagnostic Labs Leesburg, FL 6. Medical Review Officer is: Darrin Fry, MD 15340 Jog Road Delray Beach, FL 3341'3 7. Alternate collection site is: Family Medicine Center 9776 S. Military Trail Boynt0n Beach, FL Hours of Operation: 9:00 a.m. - 5:00 p.m. Saturday and Sunday 8. If a motor vehicle accident occurs, and injuries are sustained, when neither primary nor alternate side is available, the employee and supervisor will make an appointment and report to the primary or alternate side as soon as the site is open or available, following medical evaluation and treatment for injuries sustained. 9. Failure to report for mandatory testing may result in loss or reduction in workers" compensation benefits and disciplinary action. The designated doctors, labs, MRO and collection sites may change from time to time. The Risk Management Department will notify the Fire Rescue Department of possible new contacts. The Fire Rescue Department Labor Management Team will approve any changes in designated doctors, labs, MRO's, and collection sites. Changes will be added to this procedure in Addendum "C" of the Union Contract.