International Association of Fire Fighters Local 1510 Agreement_}
AGREEMENT
This Agreement, made and entered into this 17th day
of January 1973 by and between the CITY OF MIAMI BEACH,
FLORIDA (her«~in called the "City"), and the INTERNATIONAL
AaSOCIATION OF FIRE FIGHTERS, LOCAL 1510, AFL-CIO-CLC (herein
called the "Union").
W I T N E S S E T H:
SC~PL
WHEREAS, the Union has been selected as the sole and
exclusive bargaining representative by a majority of the
employees set forth in Article I and has been recogni;ted by
'the City, pursuant to the Laws of Florida, as the sole and
'exclusive bargaining representative for said employees;
WHEREAS, it is the intent and purpose of the agreement
to promote harmonious relations betwf~en thf~ City and the
msmbers of the Union, to provide for peaceful adjustment of
differences which may arise. regarding w~ig,~s, no~irs of work,
and other terms and con3itions of emp~oyrnsnt.
NOW, THEREFORE:
M...
- 2
ARTICLE T
Recocrni t ion
Tne City recognized the Union as the sole and exclusive
bargaining representgtive for the purpose of negotiations
Duet wages, hours and other term:; and conditions of employ-
meet of emp~oyees i.n the following classifications in the
Fire Department:
Fireman I
Fireman II
Fire Lieutenant
Fire Captain (except a$ excluded below)
All other employees in other classifications, including .Deputy
Chief, Fira Chief, any other Chief classification established
by the City. and Fire Captains in charge of Fire Rescue, Fire
Training an3 Fire Preve7tio~i, are specifically excluded.
~.
..._ _
- 3 -
ARTICLE II
Deduction of Unib,__ Dr•
Section 2.1. Ch®~,,,c_k ff. Upon receipt of a lawfully
executed written authorization from an employee, which may
be revoked by the employee in writing at any time, the City
agrees for the duration of this Agreement to deduct the
Union dues of each employee from his bi-weekly pay and remit
such deductions by the fifteenth (15th) day of the month
following the month in which such authorization is received
to the official designated by the union in writing to re-
ceivs Much deductions. The Union will notify the City in
~rritinq of the exact aanount of such membership dues to be
deducted.
$e_ tion 2.2. ndemnification. The Union agrees to
indemnify and hold the City haranless against any and all
.claims, suits, orders, or judgments brought or issued against
the City as a result of any action taken or not taken by the
City under the provisions of this Article.
- 4 -
ARTICLE III
Grievance Procedure.
Section 3.1. Definition of Griewanc~ and '~ime_Limit
for Filing. A grievance is any dispute wihich may arise in-
volving the interpretation and application of the express
terms of this Agreement. No grievance shall be entertained
or processed unless it is submitted within ten (LO) weekdays
after the occurrence of the event giving rise to the grievance.
$,ection 3.2. Definition of Weekday. The term "weekday,"
as used herein, shall be defined. as any day, Monday through
,,
Friday, excluding holidays recognized by the City.
Section 3.3. ;Grievance Procedure. Grievance shall be
processed as follows:
STEP l: Any employee who believes he has a grievance
shall present it in writing to his Deputy
Chief, or other person designated for this
purpose, who shall give his answer within
five (5) weekdays after such presentation.
Z'he employee will also provide the Union with
a copy of said grievance.
5
STEP 2s If the grievance is not settled in Step 1 and
the Union Grievance Co:mittee desires to appeal,
it shall be referred in writing by the Union to
the Fire Chief within five (5) weekdays after
the City's answer in Step 1. The Fire Chief,
or his representative, shall discuss the griev-
ante within five (5) weekdays with the Union
Grievance Committee at a time designated by
the City. If no settlement is reached, the
Fire Chief, or his representative, shall give
the City's. written answer to the Union Griev-
ants Committee within five (5) weekdays follow
inq their meeting.
STEP 3: If the grievance is not settled in Step 2 and
the Union Grievance Committee desires to appeal,
it shall appeal in writing to the City Manager
within five (5) weekdays after the City's answer
in Step 2. A meeting between the City Manager,
or his represen~a~ive and the Union Grievance
Committee shall be held at the time designated
by the City within five (5) weekdays. If the
- 6 -
grievance is settled as a result of such
meeting, the settlement shall be reduced to
writing and signed by the City Manager, or his
representative, and the Union Grievance Com-
mittee. If no settlement is reached, the City
Manager, or his representative, shall gives the
City's written answer to the Union Grievance
Committee within ten (10) weekdays following
the meeting.
Section 3.4. Hindin_ g Arbitration. If the
- grievance
involves a difference of opinion with respect to the inter-
pretation or application of the express terms of this
Agreement aad does not involve financial matters
governed
by the budget and said grievance has not been settled in
accorda*~ce with the foregoing procedure, the Union Griev-
ance Committed
~l refer the grievance to binding arbitration
within five (5) weekdays after receipt of the Cit 's
Y answer
in Step 3. The parties shall attempt to agree upon an
trator within five arbi_
(5) weekdays after receipt of notice o.f
referral and in t'nP ev~ant ~';e :parties .are unable to agree
upon an arbitrator. with~rl said five (5) weekday period, the
-~-
parties shall immediately jointly request the American
Arbitration Association to submit a panel of five (5) arbi-
trato~rs. Both the City and the Union shall have the right
to strike two (~) names from the panel. The party requesting
arbitration shall strike the first two names; the other party
shall then strike two names. The remaining person shall be
the arbitrator. T'he arbitrator shall be notified of his
selection within five (5) weekdays by a joint letter from the
City and the Union requesting that he set a time and place
for the hearing, subject to tha availability of the City and
Union representatives.
Section 3.5. Advisory Arbitration. If the grievance involves a
difference of opinion with respect to the interpretation or application of
the express terms of this Agreement and involves financial matters governed
by the budget and said grievance has not been settled in accordance with
the procedure set forth in Section 3.3 of this Article, the Union may
refer the grievance to advisory arbitration within five (5) weekdays
after receipt of the City's answer in Step 3. The parties shall attempt
to agree upon an advisory arbitrator within five (5) weekdays after
- 8 -
receipt of notice of referral and in the event the parties
are unable to agree upon an advisory arbitr$tor within said
five (5) weekday period, the parties shall immediately jointly
request the American Arbitration Association to submit a panel
of five (5) advisory arbitrators. Both the City and the Union
shall have the right to strike two (2) names from the panel.
The party requesting advisory arbitration shall strike the
first two names; the other party shall then strike two names.
The remaining person shall be the advisory arbitrator. The
advisory arbitrator shall be notified of his selection within
five (5) weekdays by a joint letter from the City and the
Union requesting that he set a time and place for hearing,
subject to the availability of the City and Union represent-
atives. .
section 3.6. Authority of Arbitrator. The .arbitrator
shall have no right to amend, modify, ignore, add to, or
subtract from the provisions of this Agreement. He shall
consider and. decide only tl-.e specific issue submitted to
him i.n writing by the City and the Union, and shall have no
authority to n-aks a decision on any other issue not so sub-
a-itted to him. The arbitrator shall submit in writing his
- 9 -
decision within thirty (30) days following close of the
hearing or the submission of briefs by the parties, which-
ever is later, provided that the parties may mutually agree
in writing to extend said limitation. The decision shall
be based solely upon his interpretation of the meaning or
application of the express terms of this Agreement to the
facts of the grievance presented. The decision of the arbi-
trator in cases submitted to arbitration pursuant to Section
3.4 of this Article shall be final and binding. The decision
of the arbitrator in cases submitted to arbitration pursuant
to Section 3.5 of this Article shall not be final and binding
but advisory only; provided, however, that if the City fails to
accept the recommendation of an arbitrator that is advisory in
nature, the Union retains the right to seek judicial interpre-
tation of the specific provision or provisions in a court of
proper jurisdiction.
Section 3.7. Expenses. All costs of arbitration, in-
cluding the cost of the American Arbitration Association,
,the arbitrator's fees and expenses, shall be divided equally
between the City and the Union; provided, however, that each
party-shall be responsible for compensating its own repre-
sentatives or witnesses.
Section 3.8. Processing Grievance. A11 grievance dis-
cussions and investigations shall take place in a manner
.~,.
r to -
which does not interfere with the operation of the Fire
Department. Any time spent by the Grievance Committee of
the Union in discussions or processing grievances at Step 1,
2 or 3 during their working hours, shall not result in a
loss of other earnings or benefits.
Section 3.9. Suspensions, Reductions in PaY_or Class,
or Removal. Any dispute concerning an employee who has com-
pleted his working test period (probationary period), end
who is suspended, reduced in pay, or classification, or re-
moved, shall be processed solely through the Personnel Hoard
under tre statutory procedure governing such appeals. Any
such dispute shall not be subject to the grievance and arbi-
tration procedure herein.
section 3.10. Probationary Period. Nothin herein shall
in any way affect the discretion presently accorded the Fire
Chief with respect to employees in their probationary period
following hire or in their proaa~ionary period following pro-
motion. It is specifically understood by the parties the
exercise of the Fire Chief's discretion in this regard shall
not in any way be subject to the grievance procedure set forth
' herein.
• /.
-11-.
Section 3,:,11. ~Jnio~ n, Grie, vanes Camr-ittee. 'Z'he Union
shall appoint a Grievance Ccnantittee of not more than three
(3) members, and shall notify in writing the Fire Chief and
the City Manager of the name or names of the employee or
employees serving on this committee and of any changes in
the members of this committee. The members of this committee
may not conduct any investigation while on duty without re-
ceiving the pez~miasion of the Fire Chief, however, such
permission shall not unreasonably be withheld.
ection
4 33 12. Waiver of Time Limitations. The parties
,
may mutv,ally agree in writing to extend any of the time limi-
tations set forth above for the processing of grievances.
.~.
- 12 -
!-RTICLE IV
~~ Strike and No T,ockout
fie.=°~~1 • No Strike. The union and the etr-pl~yee~
agree that during the term of this Agreement neither the
Union or its officers or members will engage in, encourage,
sanction, support, or suggest any strikes, slow-downer mass
resignations, mass absenteeism which in any way involve
suspension or interference with the operation of the Miami
Beach Fire Department. In the event that Union members par-
ticipate in such activities in violation of this provision,
the Union shall notify those members so engaged to cease
and desist from such activities and shall instruct the members
to return to their normal duties.
SLeet_ io,~, 4.2. ~Jo Lockout. The City will not lockout any
employees eluting the term of this Agreement as a result of a
labor dispute with the Union.
.13.
~ICLE V
etaent Ri hts
Mara
e t ae stated herein, the
nixed tbat~ exc P r-ecessarY
It is recog er rights and authority are
wbatev the City and the
Gity shall retain f
ate and direct the affairs o
for it to oiler Cts~ including,
tment in all of its variou3 asp`'
Fire DePar direct tine working forces;
but not limited to. thn right to
control all the oPeratioris and cervices
to plan, direct and
're Department; to determine the methods, means,
of the Fi
rsonnei by which such operations and
organization and Pe
services are to be conducted; to asai.gn and transfer em-
plo;~ees; to r~chedule the working hours; to hire ahd promote;
to demote, suspend, discipline or discharge for just cause,
or relieve employees due to lark of wc;~ pr for other legit-
imate reasons, subject to the Personnlj Rules of thh City; to
make and enforce reasonable rules anc~~equlations; to
change or eliminate existing metY.odg, 'quipnent o_
facilities;
provided, however, thaw the exercise c3ny of thA above
rig'nts shall no*_ conflict w:ah ar~y of express Written
provisions of this Agreement.
- 13 -
ARTICLE V
Management Rights
~~
It is recognized that, except as stated herein, the
City shall retain whatever rights and authority are necessary
for it to opArate and direct the affairs of the City and the
Fire Depar.tm~nt in all of its various a3pects, including,
but not limited to, the right to direct the working forces;
to plan, direct and control all the operations and servides
of the Fire Department; to determine the methods, means,
organization and personnel by which such operations and
services are to be conducteds to assign and transfer em-
plo;~ees; to schedule the working hours; to hire and promote;
to demote, suspend, discipline or discharge for just cause,
or relieve employees due to lark of work or for other legit-
imate reasons, subject to the Personnel Rules of the City; to
n-ake and enforce reasonable rules and regulations; to
change or elizinate existing metrodg, equipment or facilities;
p-o~~ided, however, thaw the exercise of any of the above
riq'~ts shall no*_ conflict with ar~y of thA.express written
provisions of this Agreement.
~.
- 14 -
!-RTICLE VI
General Provisions
Section 6.1. Igo Discrimination.
The City and the Union
agree not to discriminate against any employee on the basis
of race, creed, color, or national origin.
Section 6.2. Union Activit~f. The City and the Union
agree not to interfere with the right of employees to become
or not become members of the Union and further that there
shall be no discrimi,,nation or coercion against any employee
because of Union membership or nonmembership.
ection, 6.3. Seniora~ty Lists. The City shall, on
March 1st, of each year, prepare a seniority list by time in
rank or grade of all employees covered by this. Agreement-and
.immediately thereafter post such list in each fire station.
Such seniority list shall stand as posted unless an objection
is reported to the Fire Chief within forty (40) calendar days
after posting.
Siection 6.4. Relief at Fire. In the event of a fire
or fires or other emergencies requiring employees to work
- 14 -
ARTICLE VI
General Provisions
Section 6.1, No Discrimination. Z'he City and the Union
agree not to discriminate against any employee on the basis
of race, creed, color, or national origin.
Section 6.2. Union Activity. The City and the Union
ayr.ee not to interfere with the right of employees to become
or nat become members of the Union and further that there
shall be no discrimination or coercion against any employee
because of Union membership or nonmembership.
Section 6_. 3.. Seniority Lists. The City shall, on
March 1st, of each year, prepare a seniority list by time in
rank or grade of all employees covered by this Agreement and
immediately thereafter post such list in each fire station
'Such seniority list shall stand as posted unless an objection
is reported to the Fire Chief within forty (40) calendar da
after ys
posting.
Se--ctlon__4. Relief at Fire. In she event of a fire
or fires or other emergencies requiring employees to work
-ls-
longer than their regular tour~of duty, the officer in
charge. shall attempt to relieve these employees by the on-
co~ninq tour as soon as feasible.
~ec~ti„_o~, 6: 5• Excha~nae. cf_ Time• The Fire Chief or acting
Fire Chief may grant a request of any two (Z) employees to
exchange duty tours.
section 6.6. ~cots__ coon of City Proflerty and Eauianent.
It shall be the responsibility of any employee having custody
of any equipment and property to see that it is properly eared
for, kept clean, and returned to its place of stor~+ge.
Section 6.7. Uni~„fos~'ms. The City agrees to continua to
provide uniforms at its expense for the employees covered by
this Agr~eaaent: Effective the first full month following
ratification. o! this Agreement, each employee assigned to tha
'mire prevention Bureau shall receive $15.00 per. month for
uniform cleaning and msintensnce.
See ion 6 ~. Meetinos Batween Parties. At the reasonablo
request o! either party, the vision President, or his represents-
five, and the City Mansgsr, or his representative, shall meet
at a taulcually eyreed to timo and place to discuss matters .hat
r~e~sr~ ~aaedist.~ discussion.
.~ ~. ;
- 16 -
Sect~.on 6.9. Of~ice,~s and Other Re»resentatives. Not
mire than two officers or other representatives of the Union,
with the permission of the Chief, shall be aflore~ed resason-
able time during regular working hours without lose of pay
to attend official City meetings affecting terms and con-
ditions of employment.
- 17 -
ARTICLE VII
WAGES
...
~.-
Section 7.1. General Increase. All wage increases
~i
effective during the 1972-73 fiscal, year shall be according to the
attached schedule ordinance which shall be considered as a part
of this contract.
Section 7.2. Fire Rescue Duties. Employeer~ who are
assigned full time to fire .rescue duties shalt receive a
minimum of one extra pay step above their regular base pay
until relieved from rescue assignment.
Section 7.3. Work Out of Classification. When the
City assigns an employee to work in a higher classification,
he shall receive the minimum for the classification to which
he is assigned or an increase of one pay step, .whichever is
greater, for the time he is required to .work in the higher
classification; providsd, how~svc:r, that payment shalt "ne
made only where six (6) or inorF~ continuous hourr~ ace worked
in a single shift.
Section 7.4. Over. w'Y-en an employee through and
inciudinq Fireman iI is required to perform work outside of
- 18 -
his normal tour of duty, the employee shall receive pay at
time and one half his regular straight time hourly earnings,
to be computed on the basis of a forty (40) hour week instead
of the nortinal fifty-six (56) hour work week foz Fire Depart-
ment personnel for all hours worked outside his normal tour
of duty; provided that this provision shall not apply to
court time or for any work not paid for by the City.
Section 7.5. Call-In Guara_ ntee. An employee who is
called in to work outside of his normal tour. of duty will be
guaranteed four (4) hours of work or four (4) hours of pay
to be ef;,nputed on the basis of a forty (40) hour work week
instead of the normal fifty-six (56) hour. work week for Fire
Department personnel. If an employee does not perform
available work as assigned he shall not be entitled to any
pay.
Section 7.6. Holidays. Consistent with the City
Council's holiday resolution a::c current Department practices,
the holiday ben®fits presently enjoyed by the employees
covered by this Agreement shall continue for the term of
this Agreement.
- 19 -
Section 7.7_. Vacation Benefits. Consistent with appli-
cable ordinances, the vacation benefits presently enjoyed by
the employees covered by this Agreement shall continue for
the test of this Agreement.
Section 7.8. ~Teaotiatiort Pay. The Union's Negotiation
Comanittee, said committee to be composed of not more than
four (4)~ employees of which not more than two (2) of w~ttom are
on the same tour of .duty, shall be allowed time off with pay
to participate in any negotiations conducted pursuant to
Article XI of this Agreement on any day or days on which nego-
tiations are held during their regularly scheduled tour of
duty. Employees shall nOt be paid for time spent in nego-
tiations on off duty days. The Union shall notify in writing
the Fire Chief and the City Manager of the names of the members
of the Negotiation Committee and of any changes in the members
of said coasnittee.
. .. 20.
ARTICLE VIII '
S~„afety and Health
Se, ction~ 8.1. C~ene„+ ally.. The City and the Union shill
cooperate in matters of safety, health, and sanitation affect-
ing the employees covered by this Agreement.
Section 8.2. Safety Shoes. The City agrees to furnish
at no cost to Fire Department personnel, one pair safety
shoes or boots, the hype and kind of safety shoes or boots
to be selected by the Chief at his sole discretion., as will
the need for any subsequent replacement thereof. Each em-
ployee shall wear these shoes while on .duty and shall not
v~-®ar them st any other time, except as authorized by the
1~ire Chief.
Section 8.3. Further Discussions. The parties. mutually
agree to discuss during the terms of this Agreement the City's
policies and practices concerning injury leaves, disability
pay, and medical examinations.
- 21 -
~ICLE rx
Leaves of Absence
5ection 9.1. anion Conventions. Co»ei,~tent with tl~te
City's Personnel Rules, two (2) duly accredited delegates
of the Union may request a leave of absence without pay.
not to exceed three (3) weeks, in any one year. for the
purpose of attending State and International Conventions
and training seminars of the Union, said requests not 'to be
unreasonably denied. .The Union wilt provide{the City with
the Warne (s) of the delegate (s) and provide the dates and
locatiors of any such conventions or training seminars for
v~hich a leave of absence is requested.
.Section 9.2. Educational Leave a d Tuition Refund. '
.Subject to applicable Personnel Rules, an employee may re-
quest an educational leave of absence without pay to take .
a course or courses in afield related to the work assign-
meet of said employee. The City's tuition refund program
shall be continued for the term of this .Agreement.
- Za -
ARTICLE X
avin s
Yf any provision of this Agreement is subae'quentlY
declared by the proper legislative or judicial authority
to be unlawful. unenforceable, or nat in accordance with
licable statutes or ordinances, all other provisions of
app
is A reement shall remain in full force and effect for the
th 9
tion of this Agreement. Upon issuance of such a decision
dura
or declaration which is not appealed by eith®r party, ~®
arties shall, following a request by either party. negotiate
P
in ood faith on a substitute article, section or Portion
g
thereof .
- 22 -
ARTICLE X
avin s
If any provision of this Agreement is subaeq~uently
declared by the proper legislative or judicial authority
to be unlawful, unenforceable, or nat in accordance with
applicable statutes or ordinances, ail other provisions of
this Agreement shall remain in full force and effect for the
duration of this Agreement. Upon issuance of such a decision
or declaration which is not appealed by either party, the
parties shall, following a request by either party, negotiate
in good faith on a substitute article, section or portion
thereof.
- 23 -
ARTICLE X I
Entire Agreement_
---T---
1 i
'the pasties acknowledge that during the negotietlehg
w:z.ich resulted in this Agreement, each had the unlimited right
and opportunity to make demands and proposals with respe^t
t~, ;i;~y siibj act or matter not removed by law from the area
o:~: ~~o11Act.i•~e bargaining, and that the undEar~standings and
a~~reemen`~s arrived at by the parties after the exercise
of that righ~ and opportunity are set forth in this
Agreement. Tinerefore, the City and the Union, for the
~iuration of this Agr~:ement, except as provided in the
Fio~ida Laws, each vo'unta.rily and unqualifiedly waives
the right, and each agrees that the other shall nod be
obligated to bargain collectively with respect to any
subject or matter referred to, or covered in this ~,greemt~nt,
or_ with respect to any subject or matter not specifically
referrad to, or covered in *_his Agreement, even though sur_h
subjects or matters ,may not have been within the knowledge
or cc~:~r_emp'.ation of either or both of the parties at thn
*_i~~~ tne~ negotiated or signed this agreement. This article
s ;air :zo: 'ne cons*_ru~a to in any way limit or restrict the
- 24 -
pa;-;.-.es tro~:~ negotiating, as pro~~ided in the Flori3a
Laws, on any succeeding agreement to take effect
upon the tPrrnination of this Agreement or $~ provided
in ~'~rtic;.e XII of this Agreement.
- 2 5 -
ARTICLE XII
TERM OF AGREEMENT AND REOPENING PROVISIONS
Section 12.1. Term. This Agreement shall be in full force and
effect from January 17, 1973, until September 30, 1974.
Section 12.2. Reopening. Between May 15 and June 1, 1973, the
Union may notify the City in writing of its desire to present proposals
for an adjustment in the rates of pay, hours, and fringe benefits of
employees represented by the Union. If the Union reopens the
Agreement as herein provided, the City has the right to propose that
the Captains who are presently in unit be excluded from ,the unit.
Upon such notice being given, the duly authorized representatives of
the City and the Union will meet for the purpose of discussing in
good faith said items. Such discussions shall cease by September 1,
1973. It is expressly understood that the grievance and arbitration
procedure set forth in this Agreement shall not apply with respect to
any such discussions. Nothing herein shall be deemed to preclude
advisory arbitration as provided in Chapter 72-275 of the Florida
Statutes.
Section 12.3. Budget Recommendations. Any Union proposals made
pursuant to Section 12.2 which are accepted by the City Manager will be
included in the 1973-1974 budget which he recommends to the City Council.
Section 12.4. Appearance Before City Council. If the recommendations
of the City Manager are not satisfactory to the Union, the Union may
present its arguments to the City Council in a session of said Council
which shall be scheduled by the City Council before October 1, 1973.
` .."` "
,Y ,
- 26-
~..,
Section l2~ Final. Decision. The decision of the City Council
with respect to .the budget shell be final end binding.
EXECUTED by the parties hereto on the date first above written.
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, LOCAL. 1510, AF{.+CtO-CLC
B ~~ w ~~
Y
CITY OF MIAMI BEACH, FLORIDA
B
Mayor
ATTEST:
Ruth B. Rouleau, City Clerk-Finance Direct
~_n i
By : Wit
Deputy