RESOLUTION 93-20776 r
Y
RESOLUTION NO. 93-20776
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH APPROVING THE TWO
(2) YEAR LABOR AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS , LOCAL 1510, FOR THE PERIOD
OCTOBER 1, 1992 TO SEPTEMBER 30, 1994 .
WHEREAS, the City Manager has submitted for consideration by
the Mayor and City Commission of the City of Miami Beach, a Labor
Agreement by and between the City of Miami Beach and the
International Association of Fire Fighters, Local 1510, the
bargaining agent certified by the Public Employees Relations
Commission for employees covered by said agreement; and
WHEREAS, such Labor Agreement for the period October 1, 1992
to September 30, 1994 , is attached herein as "Attachment A" ; and
WHEREAS, the previous Labor Agreement with the International
Association of Fire Fighters, Local 1510, was for the three year
period October 1, 1988 to September 30, 1991 ; and
WHEREAS, by mutual agreement, and approved by Resolution No.
92-20553 , that agreement was extended through September 30, 1992 ,
and
WHEREAS, the City Manager has recommended that the City
Commission approved said labor agreement; and
WHEREAS, the City Commission is familiar with the terms of the
Labor Agreement and finds and determines that the entry into and
the execution thereof for and in the name of the City of Miami
Beach is in the best interest of the City of Miami Beach and its
ies idE_cil.rs.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the aforesaid
Labor Agreement between the City of Miami Beach and the
International Association of Fire Fighters, Local 1510 be and is
hereby approved in accordance with and subject to the provisions of
Chapter 447 , Part II , Florida Statute, in the name of and on behalf
of the City of Miami Beach, and that the financial officers of the
City be and are hereby directed to make the disbursements called
for by said Agreement from funds of the City available for such
purposes and upon ratification by both parties.
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PASSED and ADOPTED this 21th day of April 1993 . ( ,
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Mayo'
ATTEST:
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City Clerk
FORM APPROVED:
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City Attorney
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CITY OF MIAMI BEACH
ef:n
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. OS-9
TO: Mayor Seymour Gelber and DATE: April 21, 1993
Members of the City Commission
FROM: Roger M. Ca i•i
City Manager
SUBJECT: APPROVING AND IMPLEMENTING THE LABOR AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS (IAFF)
LOCAL 1510 FOR THE TWO (2) YEAR PERIOD COMMENCING OCTOBER 1, 1992 TO
SEPTEMBER 30, 1994
RECOMMENDATION:
The Administration recommends that the City Commission approve and
implement the Labor Agreement with the International Association of
Fire Fighters (IAFF) Local 1510 for the two (2) year period
commencing October 1, 1992 to September 30, 1994, by taking the
following action:
A. Adopt the attached Resolution which approves the Labor
Agreement with the International Association of Fire Fighters
(IAFF) Local 1510 for the two (2) year period commencing
October 1, 1992 to September 30, 1994 .
B. Adopt on first reading and schedule a public hearing and
second reading for May 5, 1993, the attached ordinance which
amends Ordinance No. 789, providing for the following:
1. Bifurcation of the "Group III - International Association
of Fire Fighters" salary structure into Group III.A for
employees hired before April 1, 1993 and Group III.B for
employees hired on or after April 1, 1993 .
2 . A two percent (2%) salary increase for classifications in
Group III.A and Group III.B, effective April .1, 1993
3. A reduction of fifteen percent (15%) in Group III.B
salary ranges.
BACKGROUND:
The International Association of Fire Fighters, IAFF Local 1510, is
an employee labor organization which represents 181 employees in
various fire fighting job classifications.
The previous Agreement with IAFF Local 1510, was for the three year
period, covering October 1, 1988, through September 30, 1991. By
mutual agreement, and approval by City Commission Resolution No.
92-20553, that contract was extended for an additional one (1) year
to cover the period through September 30, 1992 .
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AGENDA R-s
ITEM
DATE LI 1 -93
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On Thursday, March 11, 1993 , the Administration and two of the
City's unions, the International Association of Fire Fighters
(IAFF) and the Fraternal Order of Police (FOP) , reached tentative
agreement on the major economic terms for their respective two (2)
year labor contracts. Further negotiations on items specifically
related to IAFF Local 1510 were concluded shortly thereafter.
Negotiations with the FOP were concluded on Tuesday, April 13 ,
1993 .
On April 9, 1993 , the members of IAFF Local 1510 completed the
voting process for the ratification of the proposed Labor
Agreement. The voting process for the FOP will be scheduled during
the very near future but will be concluded prior to the May 5, 1993
City Commission meeting.
PREVIOUS WAGE SETTLEMENT:
Wage increases provided to the IAFF Local 1510 under the previous
contract were as follows:
1. 55% October 1, 1988
-0-% October 1, 1989
1. 00% October 1, 1990
PROPOSED AGREEMENT:
The proposed Labor Agreement between the City of Miami Beach and
IAFF Local 1510 was achieved after rapid and intense negotiations.
Although the parties on each side of the bargaining table
negotiated in their own best interests, the prime concern for both
was returning the City's financial health and preserving the status
and jobs of existing employees. These seemingly opposing
objectives contributed greatly to the intensity of the negotiations
and the urgency for agreement.
The resulting Agreement with IAFF Local 1510 includes the critical
components o f: 1) Wage and Pension Reform; 2) No Layoffs; and 3)
Wage increases.
HIGHLIGHTS OF THE AGREEMENT:
Summary highlights of the major provisions of the recommended
Agreement are as follows:
A. PENSION REFORM
• BIFURCATED PENSION PLAN ("Green Report") with some
improvements to the widow's benefit and disability
provisions for all new employees hired after April 1,
1993
• EARLY RETIREMENT INCENTIVE of 2 years of age or 2 years
of service for eligible members, with a 60-day option
period. A second 60 day option period will occur on
August 1994 .
• OVERTIME FOR CALCULATING PENSION BENEFITS will reduce the
current limit by 30% .
• ADMINISTRATIVE EXPENSES for the employees pension plan
will be borne by the plan assets.
B. WAGE/SALARY REFORM
• TWO-TIER SALARY PLAN reduced by 15% for all new employees
hired after April 1, 1993
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C. OTHER
• WAGE SETTLEMENT for bargaining unit members as follows:
2 . 0% effective April 1, 1993
2 . 0% effective October 1, 1993
2 . 0% effective January 1, 1994
0. 5% effective June 1, 1994
• PARAMEDIC CERTIFICATION INCENTIVE bonus for Firefighter
I's & II's to obtain paramedic certification on their own
time. If certification is obtained within 12 month of
enrollment, $2, 000 bonus; $1, 500 bonus if 12 - 18 months;
$1, 000 bonus if 19 - 24 months.
• ACCUMULATED LEAVE BALANCES for sick leave or vacation
balances will be paid in lump-sum or 2 installments, at
employees' option.
• NO LAYOFFS for the term of contract except for
disciplinary purposes.
The complete Labor Agreement is attached herein as "Attachment A" .
BUDGET IMPLICATIONS:
The wage and pension reform components of the recommended Labor
Agreement has lasting budgetary implications in the form of
significant recurring savings to the City of Miami Beach.
A. RECOMMENDED WAGE SETTLEMENT:
The recommended settlement includes the significant component
of a two tier salary structure for new employees as prescribed
in the plan for returning the City of Miami Beach to fiscal
health. The components of the wage settlement are as follows:
1. TWO TIER SALARY STRUCTURE
A two tier salary structure for all new employees hired
on or after April 1, 1993 . The second tier (Tier B)
would be reduced by fifteen percent (15%) below that for
current employees.
Assuming an annual six percent (6%) turn-over rate for
employees in this bargaining unit, the two tier salary
plan would result in annual savings of $40, 000. The
estimated savings over the remaining term of the
Agreement is projected to be $60, 000.
2. WAGE INCREASES
The Agreement provides a six and one-half percent (6. 5%)
salary increase with no retroactivity, for existing
employees. The effective dates for these increases are
as follows:
2 . 0% effective April 1, 1993
2 . 0% effective October 1, 1994
2 . 0% effective January 1, 1993
0. 5% effective June 1, 1994
The cost for the wage increase during the current fiscal
year, FY 1992/93 , is estimated at $78 , 000. The cost over
the term of the contract is estimated at $533 , 000.
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3. WAGE COST SUMMARY
Assuming that all retiring/terminated employees are
replaced and that there is no reduction in the bargaining
unit workforce, it is projected that after funding the
wage increases, the City would realize a net cost of
$343 , 000 over the term of the contract. This cost
consists of the following:
Amount
Two Tier Salary $ (60, 000)
Wage Increase 533 , 000
Attrition (170, 000)
Cost $ 303, 000
B. PENSION REFORM
The recommended Settlement provides for pension reform which
affect all current and future employees represented by IAFF
Local 1510. The components of this reform are as follows:
1. CURRENT EMPLOYEES
Pension reform for current employees will be accomplished
by a 30% reduction in the limit for which overtime is
considered for the purpose of calculating the annual
pension.
Annualized saving for both Police and Fire unions is
estimated at $300, 000 per year.
2 . NEW EMPLOYEES (After April 1, 1993)
All new employees, hired on or after April 1, 1993 , will
receive the reduced pension benefits prescribed in the
"Green Report" . Improvements were made to the widow's
and disability benefits for new employees. Major
provisions in the report beyond that for current
employees are:
i. Benefit reduced to 3% for all years of service with
a maximum accumulation of 80% .
ii. Final Average Monthly Earnings reduced to average
of highest 3 years for base pay and longevity only.
iii. Retirement age increased to 55 years with 10 years
of service.
Initial saving to the City would be minimal due to the
gradual rate of hiring new employees. It is projected
that this savings would be over $100, 000 for the term of
the contract and would significantly increase as the
number of new employees are increased.
3. EARLY RETIREMENT INCENTIVE
An early retirement incentive of 2 years of service or 2
years of age, with two eligibility periods for eligible
members will not only provide cost savings from new
employees through the two tier salary structure (reduced
by 15%) and bifurcated pension (Green Report) but would
also provide greater opportunities for employee
diversification.
Similar pension benefit changes have been negotiated with the
Fraternal Order of Police (FOP) , William Nichols Lodge No. 8 .
However, due to the FOP's By Law requirements, the contract
ratification vote by members of the FOP could not be completed
in time for consideration on the April 21, 1993 City
Commission Agenda.
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The necessary ordinance amendments for enacting changes to the
Police and Fire pension plans will be presented to the City
Commission on May 5, 1993 .
This is the first time in the history of the City of Miami Beach
that a Labor Agreement between the City and the IAFF Local 1510
will result in current and future savings to the City,
CONCLUSION:
The recommended Labor Agreement with IAFF Local 1510 marks the
culmination of negotiations in which both sides intensely
represented their interests. The Settlement accomplishes the last
major component for returning the City to fiscal health through
wage and pension reform while providing the employees represented
by IAFF Local 1510 with job security through their commitment to
support the financial needs of the City of Miami Beach.
I wish to take this opportunity to thank Tom Wray, President, Local
1510 ; Dave Noel ; Dale Luckett; and, Jack Richardson, who comprised
the IAFF Local 1510's negotiating committee, as well as Dean
Mielke, Peter Liu and Linda Groff who represented the City of Miami
Beach for their dedication in reaching a mutual settlement of these
difficult issues.
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AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1510
AFL-CIO-CLC
EFFECTIVE ON RATIFICATION BY BOTH PARTIES
TO SEPTEMBER 30, 1994
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Agreement 1
Article I Recognition 2
Article II Deduction of Union Dues 3
2.1 Checkoff 3
2.2 Indemnification 3
Article III Grievance Procedure 4
3.1 Definition of Grievance 4
3.2 Definitions of Weekday 4
3.3 Grievance Procedure 4
3.4 Binding Arbitration 5
3.5 Authority of Arbitrator 5
3.6 Expenses 5
3.7 Processing Grievance 5
3.8 Suspensions, Reductions 6
3.9 Probationary Period 6
3.10 Union Grievance Committee 6
3.11 Waiver of Time Limitations 6
Article IV No Strike And No Lockout 7
4.1 No Strike 7
4.2 No Lockout 7
Article V Management Rights 8
Article VI General Provisions 9
6.1 No Discrimination 9
6.2 Union Activity 9
6.3 Seniority List 9
6.4 Relief at Fire 9
6.5 Exchange of Time 9
6.6 Protection of City Property 9
6.7 Uniforms 9
6.8 Meetings Between Parties 10
6.9 Officers and Other Representatives 10
6.10 Line of Duty Injuries 10
6.11 Change in Shifts 10
6.12 Fire and Rescue Off Duty Service 10
6.13 Promotional Examinations and Appointments 10
6.14 Light Duty 11
6.15 Jury Duty 12
6.16 Reduction in Work Force 13
Article VII Wages And Fringe Benefits 14
7.1 Wage increases 14
7.2 Fire Rescue Duties 14
7.3 Fire Prevention Duties 16
7.4 Support Services Duties 16
7.5 Work Out of Classification 17
7.6 Overtime 17
7.7 Call-in Guarantee 17
7.8 Holidays 17
7.9 Vacation Benefits 17
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7.10 Negotiation Pay 17
7.11 Sick and Vacation Leave 18
7.12 Hours of Work 18
7.13 Insurance 18
7.14 Recertification 19
7.15 Court Time 19
7.16 On-Call 19
7.17 State Training Certificate 19
7.18 Pension Pick-up 19
7.19 Fire Rescue Assignment 20
7.20 Pension 20
7.21 Fire/Rescue Recreation Fund 22
Article VIII Joint Occupational Safety 23
Article IX Leave of Absence 25
9.1 Union Conventions 25
9.2 Educational Leave 25
9.3 Bereavement 25
Article X Transfer of Services 26
Article XI Drug Testing 27
Article XII Savings 28
Article XIII Waiver And Entire Agreement 29
Article XIV Term of Agreement 30
Addendum to Agreement 32
Memorandum of Understanding 33
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AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of May , 1993, by and
between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1510, AFL-CIO-CLC
(herein called the "Union").
WITNESSETH:
SCOPE
It is the intention of this Agreement to provide for salaries, fringe benefits, and other
terms and conditions of employment. It is further the intention of this Agreement to prevent
interruption of work and interference with the efficient operation of the City and to provide for
an orderly, prompt and just manner in handling grievances.
It is understood that use of masculine-gender terms in this Agreement includes persons of
both genders.
NOW, THEREFORE:
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ARTICLE I
RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining representative for the
purpose of negotiations over wages, hours, and other terms and conditions of employment in the
following classifications in the Fire Department:
Fire Fighter I
(including Fire Fighter Trainee),
Fire Fighter II,
Fire Lieutenant,
Fire Captain, and
all probationary employees serving in these classifications.
All other employees in other present classifications, including Fire Chief, Assistant Chief,
Division Chief, and any other classifications established by the City, are excluded.
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ARTICLE II
DEDUCTION OF UNION DUES
2.1. Checkoff. Upon receipt of a lawfully executed written authorization from an
employee, which is presented to the City by an official designated by the Union in writing, the
City agrees during the term of this Agreement to deduct the uniform biweekly Union dues of
such employees from their pay and remit such deductions to the Union Treasurer, together with
a list of the employees for whom deductions were made; provided, however, that such authoriza-
tion is revocable at the employee's will upon thirty (30) days written notice to the City and the
Union. The Union will notify the City in writing of the exact amount of such uniform member-
ship dues to be deducted. The Union will notify the City in writing thirty (30) days prior to any
change in its dues structure. On January 1 of each year of this Agreement, the Union will remit
to the City $200.00 as an administrative fee for the collection of dues by the City.
2.2. Indemnification. The Union agrees to indemnify and hold the City harmless
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.
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ARTICLE III
GRIEVANCE PROCEDURE
3.1. Definition of Grievance and Time Limit for Filing. A grievance is any
dispute which may arise involving the interpretation and application of the express terms of this
Agreement. No grievance shall be entertained or processed unless it is submitted within ten (10)
weekdays after the occurrence of the event giving rise to the grievance.
3.2. Definitions of Weekday. The term "weekday", as used herein, shall be defined
as any day, Monday through Friday, excluding holidays, recognized by the City.
3.3. Grievance Procedure. Grievances shall be processed as follows:
Step 1: Any employee who believes he has a grievance shall present it in writing to his
Division Chief, or other person designated for that purpose, who shall give his
answer within six (6) weekdays after such presentation. The employee will also
provide the Union with a copy of said grievance.
Step 2: If the grievance is not settled in Step 1 and the Union Grievance Committee
desires to appeal, it shall be referred in writing by the Union to the Fire Chief
within six (6) weekdays after the City's answer in Step 1. The Fire Chief, or his
representative, shall discuss the grievance within six(6) weekdays with the Union
Grievance Committee at the 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 Grievance Committee within six (6) weekdays following 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 or his designee
within six (6) weekdays after the City's answer in Step 2. A meeting between the
City Manager, or his representative, and the Union Grievance Committee shall
be held within six (6) weekdays. The City Manager, or his representative, shall
give the City's written answer to the Union Grievance Committee within ten
(10) weekdays following the meeting.
Upon mutual agreement of the parties, grievances may be consolidated or grouped, and
may also be commenced at Step 3 of the procedure.
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3.4. Binding Arbitration. If the grievance involves a difference of opinion with re-
spect to the interpretation or application of the express terms of this Agreement and the said
grievance has not been settled in accordance with the foregoing procedure, the Union Grievance
Committee may refer the grievance to binding arbitration within six (6) weekdays after receipt of
the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within six (6)
weekdays after receipt of notice of referral and, in the event the parties are unable to agree upon
an arbitrator within said six (6) weekday period, the parties shall immediately jointly request the
Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the
City and the Union shall have the right to strike two (2) names from the panel. The party request-
ing arbitration shall strike the first two names; and the other party shall then strike two names.
The remaining person shall be the arbitrator. The arbitrator shall be notified of his selection
within six(6) weekdays by a joint letter from the City and the Union requesting that he set a time
and place for the hearing, subject to the availability of the City and Union representatives.
3.5. 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 the specific issue submitted to him in writing by the City and the Union, and shall have no
authority to make a decision on any other issue not so submitted to him. The arbitrator shall
submit in writing his decision within thirty (30) days following close of the hearing or the submis-
sion of briefs by the parties, whichever is later, provided that the parties may mutually agree in
writing to extend such 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 pre-
sented. If the arbitrator acts in accordance with this section, the decision of the arbitrator shall be
final and binding.
3.6. Expenses. All costs of arbitration, including 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 representatives or witnesses. Either party desiring a
copy of the transcript shall bear the cost of same.
3.7. Processing Grievance. All grievance discussions and investigations shall take
place in a manner 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 loss of earnings or benefits.
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3.8. Suspensions, Reductions in Pay or Class, or Removal. Any dispute con-
cerning an employee who has completed his probationary period, and who is suspended, reduced
in pay, or classification, or removed, shall be processed through the Personnel Board under the
statutory procedure governing such appeals, or under this contractual grievance procedure upon
the election of the employee within ten (10) days of the event giving rise to the dispute. An elec-
tion of one procedure shall foreclose any resort to the other procedure. If the employee elects to
utilize this contractual grievance procedure, it shall commence at Step 3.
3.9. Probationary Period. Nothing herein shall in any way affect the discretion
presently accorded the Fire Chief with respect to employees in their probationary period follow-
ing hire, or in their probationary period following promotion. 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.
3.10. Union Grievance Committee. The Union shall appoint a Grievance Commit-
tee 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 the committee. The members of this committee may not conduct
any investigation while on duty without receiving the permission of the Fire Chief, however, such
permission shall not unreasonably be withheld.
3.11. Waiver of Time Limitations. The parties may mutually agree in writing to
extend any of the time limitations set forth above for the processing of grievances.
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ARTICLE IV
NO STRIKE AND NO LOCKOUT
4.1 No Strike. The parties hereby recognize the provisions of Chapter 447 of the Flori-
da Statutes which define strikes, prohibit strikes, and establish penalties in the case of a strike and
incorporate those statutory provisions herein by reference. The parties further agree that the City
shall have the right to discharge or otherwise discipline any employee(s) who engage(s) in any
activity defined in Section 447.203(6) of the Florida Statutes, at its discretion, provided that an
employee may grieve and have arbitrated the question of whether or not he engaged in the
prohibited conduct.
4.2. No Lockout. The City will not lock out any employees during the term of this
Agreement as a result of a labor dispute with the Union.
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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 operate and direct the affairs of the City and the Fire Depart-
ment in all of its various aspects, including, but not limited to, the right to direct the working
forces; to plan, direct, and control all the operations and services of the Fire Department; to
determine or change the methods, means, organization, and personnel by which such operations
and services are to be conducted; to assign and transfer employees; to schedule or reschedule the
working hours, to hire and promote; to demote, suspend, discipline or discharge for just cause, or
relieve employees due to lack of work or for other legitimate reasons, subject to the Personnel
Rules of the City; to make, change, and enforce reasonable rules and regulations; to change or
eliminate existing methods, equipment or facilities; provided, however, that the exercise of any of
the above rights shall not conflict with any of the express written provisions of this Agreement.
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ARTICLE VI
GENERAL PROVISIONS
6.1. No Discrimination. In accordance with applicable federal and state law and only
to the extent of such law, the City and the Union agree not to discriminate against any employee
on the basis of race, creed, color, or national origin, political affiliation, or marital status.
6.2. Union Activity. 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
discrimination or coercion against any employee because of Union membership or nonmember-
ship. It is understood that the Union specifically retains any rights it has arising out of Chapter
447, Florida Statutes, with regard to its representational activities.
6.3. Seniority List. 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.
6.4. Relief at Fire. In the event of a fire or fires, or other emergencies requiring
employees to work longer than their regular tour of duty, the officer in charge shall attempt to
relieve these employees by the oncoming tour as soon as feasible.
6.5. Exchange of Time. The Fire Chief or acting Fire Chief may grant a request of
any two (2) employees to exchange duty tours if the City will not incur any overtime costs as a
result thereof.
6.6. Protection of City Property and Equipment. It shall be the responsibility of
any employee having custody of any equipment and property to see that it is properly cared for,
kept clean, and returned to its place of storage. The City agrees to provide designated areas for
the storage of bunker gear.
6.7. Uniforms. The City agrees to continue to provide uniforms at its expense for the
employees covered by this Agreement. The present program concerning the providing of wind-
breaker jackets will be continued. All uniformed employees covered by this agreement shall
receive $50.00 per month for uniform cleaning and maintenance.
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6.8. Meetings between Parties. At the reasonable request of either party, the Union
President, or his representative, and the City Manager, or his representative, shall meet at a
mutually agreed-to time and place to discuss matters that require immediate discussion.
6.9. Officers and Other Representatives. Not more than two officers or other
representatives of the Union, with the permission of the Chief, shall be afforded reasonable time
during regular working hours without loss of pay to conduct Union business. Should difficulties
arise with this section, the parties agree to renegotiate this section.
6.10. Line of Duty Injuries. The City agrees that the program for payment of
medical and hospitalization expenses incurred as a result of injuries in the line of duty, which is in
effect, shall be continued.
6.11. Change in Shifts. The City agrees to give employees covered by this Agreement
notice prior to any change in shifts, such notice to be at least seven (7) days prior to the change
unless circumstances do not permit.
6.12. Fire and Rescue Off Duty Services. It is recognized that members of the
bargaining unit may be offered the opportunity from time to time to perform services utilizing
their expertise and training for the benefit of private persons or entities, or public organizations
or entities other than the City of Miami Beach. In such cases, the rate for the performance of
these off-duty jobs shall be at a uniform hourly rate established by the Fire Chief in consultation
with the President of the Union.
The parties recognize and agree that the performance of these off-duty jobs or details do
not constitute employment by the City of Miami Beach and that payment for these services will
be made by, and is the responsibility of, the other employer.
Performance of this work shall be on a voluntary basis and there shall be lists of persons
who wish to volunteer established on a basis which is mutually agreeable to the Chief and the
President of the Union.
6.13. Promotional Examinations and Appointments.
A. Promotional examinations for the position of Fire Captain, Fire Lieutenant and Fire
Fighter II will be given at least once every two (2) years. Should there be no vacancies or known
projected vacancies, then the Personnel Director shall meet with the Union President to discuss
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the postponement. If there are vacancies to be filled, then the Personnel Department shall give
the appropriate tests within no more than six(6) months after the City Manager's approval.
B. Within 90 days prior to the date of the examination, notice will be posted containing
a list of books and the reference materials from which technical knowledge and written examina-
tion questions will be drawn. Such notice does not preclude assessment centers run in conjunc-
tion with Dade County Fire Academy.
C. Eligible candidates meeting the time in grade service requirements may apply to take
the promotional examination for their next higher rank.
D. Eligibility lists will be posted within fourteen (14) days after the examination, unless
there is a challenge to the test which will extend the fourteen (14) days to thirty (30) days for
posting of the eligibility list. Such list will be valid for two (2) years unless extended by the Per-
sonnel Director consistent with Personnel/Civil Service Rules and Regulations, or unless super-
seded by the results of an interim promotional examination.
E. If the eligibility list has been exhausted when a budgeted position is authorized to be
filled, another test will be noticed and given within no less than six (6) months.
6.14. Light Duty Assignments. The City and the Union recognize that there will be
instances when members of the IAFF bargaining unit temporarily may be incapacitated through
non-service connected injuries and/or illnesses, which prevent the employee from performing the
vigorous duties of the fire service.
When the employee is temporarily incapacitated for full duties, he/she may be medically
certified for light duties, and the following circumstances will apply:
1. An employee who is unable to work full service duty, due to a non-service
connected injury or illness, not resulting from any misconduct on his/her part,
may make a written request to the Fire Chief, to be granted permission to work
in a light duty capacity.
2. The request by the affected employee must carry with it a medical documenta-
tion from the employee's attending physician as well as medical documentation
from Mt. Sinai, and reasonable costs arising from such medical examination
shall be borne by the individual requesting light duty. Such medical information
shall detail specifically the following facts:
a.) injury or illness which causes the limitations of the performance of the
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employee's duties;
b.)length of time that the illness or injury is expected to last;
c.) what are the specific duties that the employee can or cannot perform
with regard to his/her specific assignment.
Such request for light duty assignment, to the extent that it is approved in the discretion
of the Fire Chief if light duty is available, will not exceed three (3) calendar months.
If, after the first three (3) calendar months, the doctor's statements indicate that the
employee is still incapacitated for full duty, a request for up to an additional three (3) months may
be approved or denied at the sole discretion of the Fire Chief.
The Fire Chief shall have the sole discretion after reviewing the following facts as to
whether or not he/she wishes to approve or disapprove the request for temporary light duty. The
factors to be considered by the Fire Chief are as follows:
a.) reason(s) for the medical request for light duty and the substantiating doctor's
opinions;
b.) it is the sole discretion of the Fire Chief whether or not there is light duty work
available which could be performed by the individual requesting light duty;
c.) the illness or injury did not arise out of any misconduct or unprofessional
behavior on the part of the requesting employee;
d.) after review of all of the above criteria, a request by an employee applying for
light duty who has a lengthy history of sick leave usage, and who has little or no
sick leave on the books, and no known major illnesses or injuries, will not be
approved;
e.) such other factors as the needs of the Fire Service may dictate the Fire Chief
giving his approval or denial within a reasonable period of time;
f.) should the Union disagree with the Fire Chief's decision, it may request a con-
ference between the Fire Chief, the Union President, and the City Manager or
his designee, and they shall attempt to resolve the dispute.
Should this Section be abused, or be counterproductive and not in the best interest of the
employees or the City, then the parties will meet to address the problems, and attempt to renego-
tiate this Section.
6.15.Jury Duty. Bargaining unit personnel who are summoned to jury duty shall be
covered by the following:
A. Personnel who are released from jury duty and who are not required to return
for jury duty the following day will be required to report to work and complete
the remainder of their assigned tour of duty.
B. Personnel who are required to return to a jury pool or to jury duty on the date
following their scheduled shift will be allowed to take off the second half of their
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assigned shift(8:00 p.m. to 8:00 a.m.)without being charged to annual leave or
sick leave time.
6.16. Reduction in Work Force. For the term of this Agreement, there shall be no
layoffs or demotions of bargaining unit members except for disciplinary demotions, suspensions,
or terminations, which are not included for the purposes of no layoffs or demotions.
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ARTICLE VII
WAGES AND FRINGE BENEFITS
7.1. Wage Increases.
A. Effective April 1, 1993, bargaining unit members shall receive an increase of two
per cent(2%) across the board.
B. Effective October 1, 1993, bargaining unit members shall receive an increase of
two per cent(2°/o) across the board.
C. Effective January 1, 1994, bargaining unit members shall receive an increase of
two per cent(2%) across the board.
D. Effective June 1, 1994, bargaining unit members shall receive an increase of one
half per cent(0.5%) across the board.
E. Not withstanding the above, upon ratification of this agreement, there shall be
promulgated a two-tier pay plan. Current bargaining unit members are on Tier
A, and all new bargaining unit members hired after ratification shall be hired on
the Tier B plan. The pay wage rates of the Tier B plan shall be fifteen per cent
(15%) lower than the Tier A plan for all bargaining unit classifications. If a
bargaining unit employee on the Tier A plan is promoted to an Unclassified
position, the employee will remain on Tier A of the Unclassified plan.
F. Merit and longevity increases shall become effective on the payroll period
commencing nearest the effective date.
7.2. Fire Rescue Duties.
(a) Employees who hold a paramedic certificate shall receive a 2.5% supplement
calculated on their base pay.
(b) Employees who are assigned full time to Fire Rescue duties shall receive a
minimum of one step above their regular base pay.
(c) Employees who have been assigned to Fire Rescue for an accumulated one year
shall receive an additional 2.5%, making the total supplement 7.5% calculated
on base pay for as long as assigned to Fire Rescue.
(d) Employees who hold a paramedic certificate and are assigned full-time to Fire
Rescue duties shall receive one step above their regular base pay, plus 5.0%
calculated on base pay.
(e) Employees who hold a paramedic certificate and have an accumulated one-year
of assignment to Fire Rescue shall receive a total one step above their base pay,
plus 7.5%, calculated on base pay, for as long as assigned to Fire Rescue.
(f) For purposes of paragraph (c) above the accumulated assignment must have
occurred within three years of re-entry into Fire Rescue. For purposes of para-
graph (e) above the accumulated assigned time must have occurred within the
previous seven years.
(g) In an effort to get certified the majority of the Firefighters who are not currently
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r
certified as Paramedics, the following will apply:
Those Firefighter Is and Firefighter IIs who successfully complete the training
and qualify to receive paramedic certification will receive a bonus according to
the following schedule:
1) The City will pay the fees for the paramedic course, as well as the
course book and lab fees.
2) The employee will attend paramedic school on his/her off duty time
with no wages or compensation from the City.
3) Those eligible employees who successfully complete the paramedic
course and are qualified to receive the certification within twelve (12)
months after course enrollment, will receive a one-time, non-pension-
able bonus of$2,000.
4) Those eligible employees who successfully complete the paramedic
course and are qualified to receive the certification within twelve (12)
to eighteen (18) months after course enrollment will receive a one-
time, non-pensionable bonus of$1,500.
5) Those eligible employees who successfully complete the paramedic
course and are qualified to receive the certification within eighteen
(18) to twenty-four (24) months after course enrollment will receive a
one-time, non-pensionable bonus of$1,000.
6) Those employees who are currently employed, and since their em-
ployment with the City have already completed the paramedic course
on their off-duty time and are certified will also be eligible for the
$2,000 non-pensionable bonus.
If, within three (3) years after receiving the bonus, the employee leaves the
employment of the City of Miami Beach, he/she must repay to the City the
bonus, plus the costs of the paramedic course, lab and course book fees. Failure
to replay the bonus and course fees will allow the City to debit from the em-
ployee's last check the money owed to the City for the bonus and all the fees.
This paramedic incentive system is for the term of this Agreement only except
that those employees who are enrolled during the term of this Agreement shall
be eligible for the bonus should their acceptance to paramedic school be prior to
the end of the term of this Agreement.
Any portions of the paramedic course required to be repeated for graduation
from the course shall be at the individual's personal expense on his/her off duty
time. Those individuals who enter the employ of the department already certi-
fied as paramedics currently receive a salary supplement as outlined in this
Agreement and are ineligible for this paramedic bonus program.
For the purpose of the next promotional test cycle for Fire Fighter II, Fire Lieu-
tenant and Fire Captain, paramedic preference points or certification will not
apply. Future promotional exams for Fire Fighter II, Fire Lieutenant and Fire
Captain will require paramedic certification to make application for the appro-
priate examination.
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7.3. Fire Prevention Duties.
(a) Employees who are assigned full time to Fire Prevention duties shall receive a
minimum of one extra pay step above their regular base pay until relieved from
the assignment.
(h) An employee who has been assigned to Fire Prevention shall receive an addi-
tional two and one-half(2.5%) per cent supplement upon receipt of a Fire
Prevention certificate and shall continue to receive such supplement until re-
lieved from the assignment.
(c) An employee who has been assigned to Fire Prevention for a year after receiving
the Fire Prevention certificate shall receive an additional two and one-half
(2.5°/o) per cent supplement, thus making the total supplement equal to five (5°/o)
per cent.
(d) An employee who is reassigned out of Fire Prevention and is subsequently as-
signed back to Fire Prevention will receive the same amount of supplement as
he/she was previously receiving.
7.4. Support Services Duties.
(a) Employees who are assigned full time to Support Services duties shall receive a
minimum of one extra pay step above their regular base pay until relieved from
the assignment.
(b) An employee who has been assigned to Support Services shall receive an addi-
tional two and one-half(2.5%) per cent supplement upon receipt of a Fire Train-
ing certificate and shall continue to receive such supplement until relieved from
the assignment.
(c) An employee who has been assigned to Support Services for a year after receiv-
ing the Fire Training certificate shall receive an additional two and one-half
(2.5°/o) supplement, thus making the total supplement equal to five (5%) per cent,
so long as he possesses a Support Services certificate, and for as long as the
assignment to Support Services continues.
(d) An employee who is reassigned out of Support Services and is subsequently
assigned back to Support Services will receive the same amount of supplement as
he/she was previously receiving.
(e) One certified Air Room Technician per 24-hour shift shall be assigned to the
Support Services Division. However, in the event of a determination by the air
packs' regulatory body that fire fighter air packs cannot be serviced by City
personnel, then this operation would cease.
7.5. Work Out of Classification. When the City assigns a Fire Fighter I or Fire
Fighter II to work in a higher paying position for more than one hour, (s)he shall receive an
increase of One Dollar ($1.00) per hour for all hours during which the assignment continues on
that tour of duty.
7.6. Overtime. When an employee covered by this Agreement is required to perform
work outside of his normal tour of duty, the employee shall receive pay at time and one-half his
current hourly rate, computed on the basis of a forty (40) hour week as provided in the compen-
sation plan.
7.7. Call-in Guarantee. 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 computed on
the basis of a forty (40) 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.
7.8. Holidays. Consistent with the City Commission's holiday resolution and current
Department practices, the holiday benefits presently enjoyed by the employees covered by this
Agreement shall continue for the term of this Agreement provided that the following exceptions
apply to 24 hour shift employees:
a) Effective October 1, 1986, all Alternate Holidays shall be eliminated; and
h) Effective January 1, 1987, two Floating Holidays shall be eliminated, provided,
however, that on January 1, 1988, one of the eliminated Floating Holidays will
be reinstated.
7.9. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits
presently enjoyed by the employees covered by this Agreement shall continue for the term of this
Agreement.
7.10. Negotiation Pay. The Union's Negotiation Committee, said Committee to be
composed of not more than four (4) employees, of which not more than two (2) of whom 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 negotiations
are held during their regularly scheduled tour of duty Employees shall not be paid for time spent
in negotiations 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 Negotiations Committee and of any changes in the
members of said Committee.
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7.11. Sick and Vacation Leave Accrual and Maximum Payment on Termina-
tion. The present policy concerning sick leave, including the policy for payment upon termina-
tion, retirement, or death of accrued sick and vacation time combined, up to a maximum of one
year's salary, shall continue for all employees hired before October 1, 1978. Effective October 1,
1978, all new employees covered by this Agreement shall, under applicable ordinances, rules and
regulations, be allowed no accumulation of vacation leave, except in accordance with provision
for postponement of vacation leave as set forth in Article VII, Section 7.9, of this Agreement; be
permitted to transfer sick leave in excess of 360 hours to vacation leave at the rate of two days
sick leave to one day vacation leave to he used in the pay period year when transferred; be per-
mitted a maximum payment at time of termination, death, or retirement of 360 hours vacation
leave and one half of sick leave to a maximum of 360 hours.
7.12. Hours of Work. The average workweek for twenty-four hour shift employees
will be 48 hours.
7.13. Insurance
1. All members of the bargaining unit who have worked at least 90 days from date of
appointment will not he covered by City-provided medical and dental benefits and will instead be
covered by the Florida Firefighters Insurance Trust Fund (Firefighters Plan). Covered employees
if they choose, will have the options of coverage as set forth in that Plan. Non-bargaining unit
State certified firefighter employees in the Fire Department have the option of coverage under
the City-provided plan or Firefighters Plan, but not both.
2. All members of the bargaining unit who were members of the Union on September 1,
1986, and who retire on or after October 1, 1986, and non-bargaining unit employees who opt
for the Firefighters Plan and who retire on or after October 1, 1986, shall be covered by the
Firefighters Plan to the extent they choose to have medical benefits provided to them and their
dependents during retirement.
3. The City will pay $190.00 per month, per covered employee, to the Florida Firefight-
ers Insurance Trust Fund (Firefighters Plan), provided that the employee has worked at least 90
days from the date of appointment. Further, the Union will prepare a financial statement show-
ing all incoming and outgoing plan funds, as well as a schedule of the health and life insurance
provided, and this financial report is to be presented to the City Manager during the first week of
July, 1994. Such financial analysis will be the basis for any negotiation for the City's contribu-
tions to the Firefighters Insurance Trust Fund.
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a ,
4. The City shall be provided with a copy of the Firefighters Plan booklet and the Trust
agreement, and any other information required by law and shall be apprised of any changes in
the Trust agreement and/or Plan benefits.
7.14. Recertification. Time spent while off duty in classroom (including the test) or
lab settings to obtain recertification in accordance with State of Florida requirements is not time
worked and will not be compensated by the City. Books and tuition for such courses will be paid
for by the City.
Under present state recertification procedures, the City will pay a $300. paramedic recer-
tification bonus. Non-paramedic employees who are required to obtain EMT recertification shall
be provided with the state required instruction while on duty.
7.15. Court Time. When an employee is required to appear in court or at a deposition
by the State Attorney, public defender, or a federal agency, (s)he will be paid a minimum of three
(3) hours at the overtime rate if the court appearance or deposition is not contiguous to the regu-
lar duty shift. If the court appearance or deposition is contiguous to the regular duty shift, the
minimum guarantee shall be two (2)hours at the overtime rate.
If the court appearance or deposition does not arise out of the employee's employment
with the City of Miami Beach, or it is a civil matter, the City will not pay for the employee's time
in court or at a deposition.
7.16. On-Call. Employees who are placed in an on-call status as primary respondents
for periods of one month at a time will be paid a $100.00 bonus for each such month. This bonus
will not be treated as a wage payment for any purpose save federal taxes.
7.17. State Training Certificate. One employee on each operating shift will be
given a $300.00 annual bonus for holding and maintaining a State of Florida certificate as a
trainer. This training certificate holder bonus will not be treated as a wage payment for any
purpose save federal taxes.
7.18. Pension Pick-Up. The City agrees subject to and in accordance with IRS code
and regulation that pension contributions, although designated as employee contributions, will be
paid by the employer in lieu of contributions by the employee.
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7.19 Fire Rescue Assignment. When the City temporarily assigns an employee
covered by this Agreement to work in Fire Rescue for more than one hour he/she shall receive
an additional one dollar ($1.00) per hour for all hours during which the temporary assignment
continues.
7.20. Pension The following changes in pension benefits are hereby agreed to:
A. New Bargaining Unit Hires. Effective upon the signing of this Agreement,
the City will modify the City's Supplemental Pension Fund for Firemen and
Policemen in the City of Miami Beach, Florida, to provide a bifurcated pension
plan for new bargaining unit hires who become members of the new pension
plan as summarized below:
Employees: Members of the system, hired on or after the signing of the
contract.
Benefit: 3% per year served
Compensation: Base pay and longevity
Vesting: Incremental at 10% per year over 10 years
Retirement: 55 years with 10 years of service
COLA: 1.5% not compounded per year of retirement
Disability: Not Service Connected over 5 years continuous service, not less
than 50%
Service Connected with any service, not less than 75%
Death: Service Connected not less than 85%
Beneficiary 500/o to beneficiary as standard benefit
FAME Average highest 3 years/maximum 80%
Employee contribution: 10%
Other: Any other benefits not specifically included herein, remain as in the
Supplemental Plan.
B. Early retirement: Eligible members electing to retire, shall have the option of
choosing either 2 years of age or 2 years of service towards retirement. The
period for this election shall commence 10 days following the signing of this
Agreement and shall continue for a window period of sixty(60) days.
A second window period for sixty (60) days duration shall be offered to eligible
members during fiscal year 1993/94. The beginning date of this window period
shall be August 2 through September 30, 1994.
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Eligible members shall mean members who have attained at least 48 years of age
and 10 years of creditable service.
Those Eligible Members electing to retire under the Early Retirement option
may elect to take the payoff of their accumulated leave balances, i.e., sick/annual
leave, in two installments. One-half(1/2) of the leave balance money due may
be paid upon retirement, and the second one-half(1/2) and final balance will be
paid in November 1993 or January 1994. Further, those Eligible Members, as
described above, who retire during the second window period of fiscal year
1994/95, will also be offered the same split option for the payoff of their leave
balances.
C. Current Employees. Overtime. Effective October 1, 1994, annual overtime
included for the purpose of calculating the average monthly salary is limited to
the difference between the employee's annualized pay rate at retirement and
seventy per cent (70%) of the highest annualized pay rate for the next higher
salary rank. Prior to October 1, 1994, overtime calculations shall continue as
currently provided.
D. Administrative Expenses. Administrative expenses for the system shall be
paid from the plan assets.
E. Buck Consultants to Prepare Language Changes. The actuarial and
technical language is to be prepared by Buck Consultants, approved by the City
and the Fraternal Order of Police, Lodge No. 8 and the International Associa-
tion of Fire Fighters, Local 1510, and adopted by the Board of Trustees.
F. Prudent Man Rule. "Investment of Funds" The City and the Union agree
that the Police and Fire Pension plans shall adopt the Prudent Man Rule for
investment of funds as follows:
The trustees shall, in acquiring, investing, reinvesting, exchanging, re-
taining, selling, and managing property for the benefit of the City Pen-
sion Funds for Firemen and Policemen in the City of Miami Beach,
exercise the judgment and care under the circumstances then prevailing,
which men of prudence, discretion and intelligence exercise in the
management of their own affairs, not in regard to speculation but in
regard to the permanent disposition of their funds, considering the
probable income, as well as the probable safety of their capital. Within
the limits of the foregoing standard, a trustee is authorized to acquire and
retain every kind of property, real, personal or mixed, and every kind of
investment specifically including, but not by way of limitation, bonds,
debentures and other corporate obligations, and stocks, preferred or
common, which men of prudence, discretion and intelligence acquire or
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• * 4
retain for their own account, and within the limitations of the foregoing
standard, a trustee may retain property acquired, without limitation as to
time and without regard to its suitability for original purchase.
7.21. Fire/Rescue Recreation Fund. Currently, there are unsolicited funds received
occasionally from citizens and citizen groups for Fire/Fire Rescue's personnel. Said funds are
presently deposited into City Account Number 601-7000-229-056, and these monies are used for
the purchase of recreational equipment and other similar activities.
The existing funds from the above-mentioned City account may be transferred to a bank
account established by the Union, however, the establishment of said bank account must be
acceptable to the Fire Chief. Further, any future funds of this nature will be deposited into the
new bank account, and any disbursements of the funds from this bank account will require two
(2) signatures; the signature of the Fire Chief, and the signature of an employee who is either
elected by his/her fellow employees or who is appointed by the Fire Union.
Each quarter, a posting will be made in each Fire Station showing the fund's balance, all
disbursements, if any, as well as what items or services were purchased for which Fire Station or
Division.
Any alleged improprieties of the fund will be reviewed by the Fire Chief and the Union
President. If there are any problems or any negative public image projected by this fund or its
disbursements, then the existing fund balance shall either be returned to the donor, or be dis-
bursed to a bona fide charity of the Union's choice, and no new funds will be accepted.
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•
ARTICLE VIII
JOINT OCCUPATIONAL SAFETY AND HEALTH
8.1. In recognition of the City's and the Union's desire to maintain the highest standards
of health and safety in the Fire Rescue Department, a Joint Occupational Safety and Health
Committee will be established. This committee shall consist of three (3) members of management
selected by the Fire Chief, and three (3) members of the Union appointed by the Union Presi-
dent.
8.2. The above recognized Committee will be responsible for:
a) Reviewing and analyzing all reports of accidents, deaths, injuries, and illnesses. It
will recommend rules and procedures for the promotion of health and safety
among firefighters.
b) The Committee will make periodic inspections of Fire Department facilities on a
semi-annual basis or by special request.
c) The Committee will keep minutes of each Committee meeting and a written
report of accident, injuries, and illnesses which are found or suspected to be
service related.
8.3. The Committee will meet on a regular basis at mutually agreed times.
8.4. Four (4) members of the Committee shall constitute a quorum, providing that equal
representation is available, at a scheduled and posted meeting.
8.5. The Safety and Health Committee established by this Agreement may evaluate
changes in specifications for bids for protective clothing, equipment, tools, appliances, and
apparatus, and may issue reports to the Fire Chief concerning such changes.
8.6. The Safety and Health Committee will evaluate the types of helmets, gloves, breath-
ing apparatus, and protective clothing on a semi-annual basis. A report of this evaluation will be
made to the Fire Chief.
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•
8.7. Personnel will be issued personal equipment one time, in new condition, to be
maintained in serviceable condition. If the gear is damaged or destroyed at no fault of the em-
ployee, it will be replaced by the City. If it has been damaged, destroyed, or lost due to the
employee's negligence, the employee will pay for the replacement.
8.8. The City shall pay for the inspection and testing of the structural integrity and safety
of its aerial devices, using recognized test procedures by an independent test company other than
the original manufacturer, at a time to be determined by management, but on no longer than a
bi-annual basis. A copy of the test results will be supplied to the Safety and Health Committee.
8.9. The City agrees that air quality evaluations as presently made will be made by the
Dade County Health Department or other suitable testing facility on the compressed air utilized
in departmental Self-Contained Breathing Apparatus (SCBA) and Self-Contained Underwater
Breathing Apparatus (SCUBA) on a quarterly basis.
8.10. Only personnel who have been trained and certified by the manufacturer will be
permitted to perform repairs or supervise the performance of repairs on Self-Contained Breath-
ing Apparatus (SCBA).
8.11. Ball Caps. Bargaining unit members will be permitted to wear a navy blue ball
cap when working out of doors when protective gear is not required. Said cap will have only the
City of Miami Beach Fire Department logo on it. The only authorized cap as described above
shall not have any other markings, pins, insignia, writing, etc., unless it is approved by the Fire
Chief. The Union will supply each bargaining unit member with a single cap, as requested by the
bargaining unit member. Further, the Union in a spirit of cooperation will work with Manage-
ment to ensure the wearing of the cap presents a professional image of the Miami Beach Fire
Department. Those individuals who violate this policy will be counseled once, and shall lose the
privilege of wearing the cap if said person violates this policy again.
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ARTICLE IX
LEAVE OF ABSENCE
9.1. Union Conventions. Consistent with the City's Personnel Rules, three (3) duly
accredited delegates of the Union may request a leave of absence with pay, not to exceed two (2)
weeks, in any one year, for the purpose of attending state and international conventions, said
requests not to be unreasonably denied. The Union will provide the City with the name(s) of the
delegate(s) and provide the dates and locations of any such conventions for which a leave of
absence is requested.
9.2. Educational Leave and Tuition Refund. Subject to applicable Personnel
Rules, en employee may request an educational leave of absence without pay to take a course or
courses in a field related to the work assignment of said employee. The City's tuition refund
program shall be continued for the term of this Agreement.
9.3. Bereavement. Where there is a death in the immediate family (mother, father,
current spouse, sibling, or children) of an employee, he shall be allowed two (2) days off each
calendar year, for the purpose of making arrangements and/or attending the funeral, without
loss of pay and without charge to accrued sick leave or vacation days of said employee. In such
circumstances, additional time off may be granted at the discretion of the Chief of the Fire
Department, and shall be chargeable to the accrued sick or vacation leave of such employee.
Requests for additional time off shall be submitted in writing to the Chief.
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•
ARTICLE X
TRANSFER OF SERVICES
10.1. Notice. The City agrees to keep the Union advised concerning any plans for, or
implementation of, a transferal of any services presently being performed by Miami Beach Fire
Department personnel.
10.2. Discussions. The City agrees to hold discussions with representatives of the
Union upon request of the Union, for the purpose of permitting the Union an opportunity to
comment upon any proposed transferal of services and/or suggest alternatives to all or any por-
tion of the plan for transferal.
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,
ARTICLE XI
DRUG TESTING
In an effort to identify and eliminate on-duty or off-duty controlled substance abuse, the
following procedures will apply when it is necessary to drug test bargaining unit employees:
1) When Management has a reasonable suspicion that a bargaining unit employee
has possession of, or is using, dispensing or selling any illegal drug or controlled
substance not prescribed by a licensed physician.
2) Following any vehicular accident involving bargaining unit employee(s) that
occurs on-duty, or on an off-duty detail, or while traveling to and from same,
and Management has a reasonable suspicion that the involved employee(s) may
have been using or possessing any illegal drugs or non-physician prescription
drugs.
3) When Management has a reasonable suspicion that the bargaining unit em-
ployee is under the influence of controlled substances while either on duty or on
an off-duty detail.
4) A member of Management, after consultation with the Personnel Director, shall
order the bargaining unit employee(s) to take a drug test, if any of the above-
mentioned criteria are met.
Refusal to comply with an order to submit to such an examination, shall result in a
recommendation for discharge of said employee.
Drug tests will be analyzed by a State and Federal approved laboratory.
Any positive test for a controlled substance shall be confirmed by gas
chromatography/mass spectrometry(GCM).
Employees testing positive will be offered a one-time only "second chance" by entering
into and completing a drug rehabilitation program as selected by Management.
A "Last Chance Agreement" will be signed by the employee(s), which will spell out the
terms of his/her continued employment as a condition of entering the drug rehabilitation pro-
gram.
Any future incidents of controlled substance possession, selling, dispensing, or using will
result in an immediate dismissal.
Not withstanding the above, if the totality of the circumstances surrounding the use,
possession, dispensing or selling of controlled substance, and said employee is incarcerated or
brings such substantial bad publicity to the Fire Department, then said employee will not be
eligible for the "Second Chance" program and he/she will be dismissed.
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ARTICLE XII
SAVINGS
If any provision of this Agreement is subsequently declared by the proper legislative or
judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes or
ordinances all 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 ap-
pealed by either party, the parties shall, following a request by either party, negotiate in good
faith on a substitute article, section, or portion thereof.
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ARTICLE XIII
WAIVER AND ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the
right and opportunity to make demands and proposals with respect to any and all subjects not
removed by law from the area of collective bargaining and that the complete understanding and
agreements arrived at by the parties after exercise of that right and opportunity are set forth in
this Agreement. Therefore, the Union waives the right, during the term of this Agreement, to
bargain collectively with respect to any subject or matter referred to or covered by this Agree-
ment, and it particularly waives the right to bargain over the City's exercise of any of its man-
agement's rights set forth in Article V of this Agreement, e.g., changing work hour schedule,
transferring employees, laying off employees, etc.
The parties intend that this Agreement shall constitute the sole source of their rights and
obligations from and to each other for its term either by specific provision or by silence. If the
Agreement does not prevent it, the City may take any action (or fail to take any action) it desires
and shall have no obligation to bargain with the Union concerning the taking, or not, of the
action; but may take unilateral action at the time it desires. The Union does not waive, and shall
retain its right, to bargain with the City over the impact of any action taken by the City not set
forth in this Agreement, but such impact bargaining shall not serve to delay management's action
until agreement or impasse is resolved concerning the impact at issue.
This Agreement may be amended by mutual agreement of the parties but any amend-
ment must be in writing and signed by duly authorized representatives of the parties before it will
be effective.
_29_
•
ARTICLE XIV
TERM OF AGREEMENT
This Agreement shall he effective as of its ratification by both parties, and shall remain in
force and effect until the 30th day of September, 1994. It shall be automatically renewed from
year to year thereafter, unless either party shall notify the other in writing at least sixty (60) days
prior to the anniversary date that it desires to modify this Agreement. In the event that such
notice is given, negotiations shall begin not later than thirty (30) days prior to the anniversary
date. This Agreement shall remain in full force and effect during the period of negotiations,
unless either party gives the other party at least ten (10) days written notice of its desire to termi-
nate this Agreement, provided that such notice may not be given earlier than ten (10) days prior
to the anniversary date.
-30-
EXECUTED by the parties hereto on the date first above written.
INTERNATIONAL ASSOCIATION CITY OF MIAMI BEACH, FLORIDA
OF FIRE FIGHTERS LOCAL 1510,
AFL-CIO-CLC
-.7— -- Zel)
By girl'? _
--‘01/69,4471--b —
President City Manager
Torn Wray Roger Carlton
/ ______ _ ' ) ---_LC.)
4d___ , Mill;
_,,
Approved Cly Vote of the FORM APPROVED
City Conhmission on the 5th GAL DEPT. Clu_ k,_111(Aii- �
day of MaY It1993. By0,„‘„,,,,,,,0,„‘„,,,,,,c
A 4, /
'we r .t AA NI 1 IL)9"
yor
S mour Gelber
ATIEST:
PlettAk•40%A Z 14440~.-
Richard E. Brown
City Clerk
ADDENDUM TO AGREEMENT
In the event that provisions of the Internal Revenue Code operate to limit the benefit
amount of employee coverage by the pension provision incorporated in this Agreement to an
amount less than set forth in the pension Plan then the City and the Union shall negotiate a
method to compensate the affected employee for the difference between the normal pension
benefit and the limits allowed by the Internal Revenue Code provided that no such resolution
shall jeopardize the exempt status of the Plan under the Internal Revenue Code.
-32-
•
Memorandum of Understanding
City of Miami Beach and
International Association of Fire Fighters, Local 1510
The Fire Chief, at his discretion, will provide to the International Association of Fire
Fighters, Local 1510 (IAFF) a report of the overtime worked by the bargaining unit members.
Such report will be furnished to the IAFF on a quarterly basis.
-33-
w .
•
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
IAFF LOCAL 1510
ELECTION OF REMEDY FORM
Grievance No.
1. I/We elect to utilize the Grievance Procedure contained in the
current Contract between the City of Miami Beach, Florida,
and the IAFF. In making this election, I/we understand that
selection of another forum, as defined by the IAFF Contract,
shall bar any consideration of the Grievance under the IAFF
collective bargaining agreement.
2. I/We elect to utilize another forum for my/our grievance, and
in doing so, I/we understand that this election shall bar any
consideration of this matter under the IAFF collective
bargaining agreement.
Signature Date
Subject of Grievance/Appeal:
DRM:lg
IAFF-CTR.1/91
IAFF-EL.RMD
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ORIGINAL
RESOLUTION NO. 93-20776
Approving the two (2) year labor agreement
between the City of Miami Beach and the
International ASsociation of Fire Fighters,
, immmo
Local 1510, for the perios October 1, 1992
to September 30, 1994. 1111111111111111111110 OM /
. 41111111111
11,11 •
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