95-21450 RESO
.
RESOLUTION NO. 95-21450'
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH APPROVING THE THREE-YEAR LABOR
AGREEMENT BElWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, FOR THE
PERIOD OCTOBER 1,1994, TO SEPTEMBER 30, 1997.
WHEREAS, the City Manager has submitted to the Mayor and City Commission a Labor
Agreement by and between the City of Miami Beach and the International Association of Firefighters
(IAFF), Local 1510, the bargaining agent certified by the Public Employees Relations Commission for
employees covered by the agreement; and
WHEREAS, this Labor Agreement for the three-year period of October 1, 1994, through
September 3D, 1997, is attached as Exhibit "A"; and
WHEREAS, the previous Labor Agreement was for a two-year period from October 1, 1992 to
September 30, 1994; and
WHEREAS, the City Manager has recommended that the City Commission approve the attached
Labor Agreement
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor Agreement between the City of
Miami Beach and the International Association of Firefighters, Local 1510, be and is hereby approved
upon ratification by the IAFF.
PASSED and ADOPTED this 4th Y of January, 1995.
ATTEST:
/~f_~
ity Clerk
RMC:lg
a:COMM~EM08I92
RES94IAF.CTR
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO, -I R -q f)
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: January 4, 1995
FROM:
Roger M, Carlt
City Manager
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFFI LABOR
CONTRACT/APPROV ALAND IMPLEMENTATION OF AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH AND IAFF LOCAL 1510 FOR A THREE (31 YEAR PERIOD. FROM
OCTOBER 1. 1994. TO SEPTEMBER 30. 1997
SUBJECT:
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve and Implement the attached Labor
Agreement negotiated wtth the IAFF Local 1510, for the three year period commencing on October 1,1994,
to September 30,1997, by taking the following action:
1) Adopt the attached resolution which approves the labor Agreement between the City of Miami
Beach and the IAFF for the period from October 1, 1994, through September 30, 1997.
2) Adopt the attached ordinance on first reading, and schedule a public hearing and second
reading on January 18, 1995, which amends Ordinance No, 789 and provides for the
following:
a) a six percent (6%) salary increase for classifications in Group IILA and Group III,B,
effective retroactive to October 3, 1994;
a-1) increase the maximum of Tier B salary ranges to that of
Tier A salary ranges.
b) a five percent (5%) salary increase for classifications in Group IILA and Group IILB,
effective October 2, 1995;
c) a five percent (5%) salary increase for classifications in Group IILA and Group IItB,
effective September 30,1996;
BACKGROUND:
The previous Agreement wtth the IAFF covered a two year period from October 1, 1992, though
September 30, 1994. On Thursday, December 1, 1994, the Ctty and the IAFF reached a tentative agreement
on the terms for a three year labor contract. On December 29, 1994, the membership of the IAFF completed
the process of voting to ratify the Labor Agreement The final count was 124 votes wtth 109 for and 15
against.
continued.., .
DATE
~-5~B
f-i-qS
AGENDA ITEM
Commission Memo
Page 2
January 4, 1995
PROPOSED AGREEMENT
The proposed Labor Agreement between the City of Miami Beach and the IAFF was achieved after ten
intense labor contract negotiation sessions, The following is a summary of the major provisions and
highlights of the Agreement:
WAGES
1) Effective w~h the payroll date of October 3, 1994, there shall be an across-the-board wage increase
of six percent (6%),
1A) The Tier B wage scale will be modified so that there will be three (3) add~ional
steps included at the top of the existing range, so as to ultimately provide those
employees who were hired under Tier B of the wage plan to be on the equivalent
Tier A pay scale in approximately ten (10) years.
2) Effective w~h the payroll date of October 2, 1995, there shall be an across-the-board wage increase
of fIVe percent (5%),
3) Effective w~h the payroll date of September 30, 1996, there shall be an across-the-board wage
increase of five percent (5%),
The estimated cost for Fiscal Year 94/95 is $420,000,
EMERGENCY MEDICAL TECHNICIAN (EMTI/PARAMEDIC CERTIFICATION SUPPLEMENT
Due to the Increased number of basic life support (rescue) calls being responded to by engine and ladder
un~s, the demands for EMT /Paramedic skills has increased beyond that provided by the Rescue Division
of the Department. The demand for rescue service is approximately 85% of the service calls to the Fire
Department. In consideration of these increased responsibil~ies, Certification supplements will increase as
follows:
a) EMT Certification: Effective October 2, 1995, a one percent (1%) supplement will be
provided; effective September 30, 1996, the supplement will be increased to one and
one-half percent (1-1/2%),
b) Paramedic Certification: Effective October 2, 1995, the supplement will be increased by two
and one-half percent (2-1/2%); effective September 30, 1996, the supplement will be
increased by an additional one percent (1 %).
FLORIDA FIREFIGHTERS INSURANCE TRUST
At present, the C~y contributes $190 per month, per covered employee, to the Florida Firefighters Trust for
medical insurance, This contribution will change to the same as currently received by the Fraternal Order
of Police, which is ninety percent (90%) of the City's health plan costs per employee or family PPO payment.
The estimated cost for FY 94/95 is $60,000,
continued",
Commission Memo
Page 3
January 4, 1995
SICK LEAVE
After a review of the usage of sick leave, tt Is evident that not all employees are accustomed to conserving
their sick leave usage. In previous years, the practice for some employees has been to use the sick leave
as quickly as tt is earned, In an attempt to reduce the excessive use of sick leave abuse and increase
productivity, a sick leave committee will be established comprised of union and management personnel.
The committee will analyze sick leave usage in the Fire Department and then make the appropriate
recommendations to the Fire Chief on methods to reduce sick leave abuse. It Is anticipated that this plan,
if successful, could have a 15% reduction in the use of sick leave.
This contract provides a specific program for years 1995 and 1996 where employees will be encouraged
to, conserve their sick leave, and once they have a bank in excess of 300 hours, the employee has the
option to sell back their sick leave to the City in November of 1995 or 1996, up to a maximum of 500 hours.
Sick leave banks that accrue are like an "IOU", and assuming an employee earns 2,342 hours of sick leave
over approximately 24 years of employment, that time is paid off upon retirement or resignation at the rate
of pay of the employee when the employee leaves or retires. This program will encourage employees to
save their sick leave so that they will always have a base of 300 hours or more, and yet the employee who
judiciously saves sick leave, will have the option to sell some time back at the current rate of pay, should
the employee wish to do so, Buying back the time at their current rate of pay of the employee would be
a redemption of the IOU at the current rates rather than at the retirement rate when the pay rate per hour
would be substantially higher, We estimate this program to have a future cost savings of $300,000,
ARBITRATION REFERRAL
Desptte the long and Intense negotiations, it was agreed that the four issues which were not resolvable at
the bargaining table would be submitted to binding arbitration. Further, until the issues are resolved, the
current contract language on the subjects to go to arbttration will remain in effect If ratified by the City
Commission, the contract will operate as negotiated, and after the arbitration, the contract will be modified
to reflect the arbitrator's decision, The issues to be submitted to arbitration are as follows:
a) PROMOTIONS. Promotional procedures for the positions of Firefighter 11, Ueutenant, and
Captain. The procedures will set the weight for the components of the written examination
and an Assessment Center, plus the value of weight to be accorded for seniority and
education.
b) WORKERS' COMPENSATION INQUIRY - Union proposal relative to employees contracting
HIV / AIDS, Hepatitis, and Meningttis, and if after investigation by a Workers' Compensation
Committee, should the Committee's recommendation be binding upon the Ctty.
c) TiER B - Union proposes entry level salary increases for new employees with Firefighter,
EMT or Paramedic Certifications of one salary step per certificate,
d) INSPECTOR/INSTRUCTOR PAY SUPPLEMENT - The Union proposed increased pay
supplements for employees who are certified for Fire Prevention Dr Training of two and
one-half percent (2-1\2%),
continued",
~
Commission Memo
Page 4
January 4, 1995
COSTS AND AVAILABLE RESOURCES
The total cost increase for Fiscal Year 94/95 is estimated at $480,000. A portion of the Increase was
anticipated and provided in the current budget of the Fire Department It is expected that other
departmental savings will provide the additional funding necessary to fund the contract increases,
CONCLUSION:
While neither side of the bargaining process was able to achieve all their expectations, I believe the
agreement that was reached is within the City's financial ability.
I wish to take this opportunity to thank the City's representatives, as well as the members of the IAFF's
bargaining team. The bargaining sessions were, at times, very intense, While the City Administration would
have preferred to reach closure on all open issues, it was not possible, The results of the arbitration process
will be known during the first quarter of 1995,
RMC:DRM:lg
Attachments
..-coMM-MDl0N9'2
L<1l>4C7ltCJl
AGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1510
AFL-CIO-CLC
Period Covered
October 1, 1994 through September 30, 1997
AGREEMENT
ARTICLE I
ARTICLE II
Section 2,1
Section 2,2
ARTICLE III
Section 3, 1
Section 3,2
Section 3,3
Section 3.4
Section 3.s
Section 3.6
Section 3.7
Section 3,8
Section 3,9
Section 3, 10
Section 3, 11
ARTICLE IV
Section 4.1
Section 4,2
ARTICLE V
ARTICLE VI
Section 6,1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6,6
Section 6.7
Section 6.8
Section 6,9
Section 6,10
Section 6.11
TABLE OF CONTENTS
~
1
RECOGNITION
2
DEDUcrlON OF UNION DUES
Check off
Indemnification
3
3
GRIEVANCE PROCEDURE
Definition of Grievance and Time Limit for Filing
Definitions of Weekday
Grievance Procedure
Binding Arbitration
Authority of Arbitrator
Expenses
Processing Grievance
Suspensions, Reductions in Payor Class, or Removal
Probationary Period
Union Grievance Committee
Waiver of Time Limitations
4
4
4
4
5
5
5
5
6
6
6
NO STRIKE AND NO LOCKOUT
No Strike
No Lockout
7
7
MANAGEMENT RIGHTS
8
GENERAL PROVISIONS
No Discrimination
Union Activity
Seniority List
Relief at Fire
Exchange of Time
Protection of City Property and Equipment
Unifonns
Meetings Between Parties
Officers and Other Representatives
Line of Duty Injuries
Change in Shifts
9
9
9
9
9
9
9
10
10
10
10
"1",
TABLE OF CONTENTS. continued
PAGE
Section 6.12
Section 6. 13
Section 6.14
Section 6.15
Section 6.16
Section 6.17
ARTICLE VIT
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Section 7.8
Section 7.9
Section 7.10
Section 7.11
Section 7.12
Section 7.13
Section 7. 14
Section 7. 15
Section 7.16
Section 7. 17
Section 7.18
Section 7. 19
Section 7.20
Section 7.21
Section 7.22
Section 7.23
Fire and Rescue Off Duty Services
Promotional Examinations & Appointments
Light Duty Assignments
Injury Service Connected
Jury Duty
Reduction in Work Force
10
10
11
13
14
14
WAGES AND FRINGE BENEFITS
Wage Increases
Fire Rescue Duties
Fire Prevention Duties
Support Services Duties
Work Out of Classification
Overtime
Call-in Guarantee
Holidays
Vacation Benefits
Negotiation Pay
Sick and Vacation Leave Accrual, Maximum
Payment on Termination
Sick Leave Buy Back
Sick Leave Review Committee
Hours of Work
Insurance
Recertification
Court Time
Ou-Call
Slate Training Certificate
Pension Pick-up
Fire Rescue Assignment
Pension
Fire/Rescue Recreation Fund
15
16
18
18
19
19
19
20
20
20
20
21
21
22
22
23
23
23
24
24
24
24
24
ARTICLE VITI JOINT OCCUPATIONAL SAFETY AND HEALTH
Section 8.1 - 8.5 Committee and Responsibilities
Section 8.6 Ball Caps
ARTICLE IX
Section 9.1
Section 9.2
Section 9.3
ARTICLE X
ARTICLE XI
ARTICLE XU
26
27
LEAVE OF ABSENCE
Union Conventions
Educational Leave and Tuition Refund
Bereavement
29
29
29
TRANSFER OF SERVICES
30
DRUG TESTING
31
SAVINGS
33
ii
TABLE OF CONTENTS, continued
~
ARTICLE XIII WAIVER AND ENTIRE AGREEMENT 34
ARTICLE XIV TERM OF AGREEMENT 3S
EXECUTION 36
ADDENDUM TO AGREEMENT 37
MEMORANDUM OF UNDERSTANDING/Overtime Report 38
ELECflON OF REMEDY FORM 39
MEMORANDUM OF UNDERSTANDINGlParamedic Training 40
MEMORANDUM OF UNDERSTANDINGlPending Arbitration 49
iii
/,
AGREEMENT
THIS AGREEMENT, made and entered into this~daY of :1~~ 191r-by and between the CITY
OF MIAMI BEACH, FLORIDA (herein called the "City'), and the INTE ATIONAL 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 conditioos of
employment. It is further tbe 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 persoos of both genders.
NOW, THEREFORE:
1
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 lenns and conditions of employment in the following classifications in
the Fire Department:
Fire Fighter I (including Fire Fighter Trainee),
Fire Fighter II,
Fire Lieuteoant,
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.
2
ARTICLE n
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 authorization 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 membership 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.
3
ARTICLE m
GRlEV ANCE PROCEDURE
3.1. Definition of Grievance and Time Limit for Filihll. 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 Weekdav. The term .weekday', as used herein, shall be defmed 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/she has a grievance shall present it in writing, on the
Grievance Form provided by the City, to his Division Chief, or other person designated for
that purpose, who shall give histher answer within six (6) weekdays after such presentation.
The employee wi\l also provide the Union with a copy of said grievance.
Step 2: If the grievance is not settled in Step I and the Union Grievance Committee desires to appeal,
it shaH be referred in writing by the Union to the Fire Chief within six (6) weekdays after the
City's answer in Step L The Election of Remedy Form shaH be completed and signed by the
IAFF and/or the grievant, and attached to the Step 2 grievance. The Fire Chief, or histher
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/her 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.
3.4. BindiDl!: Arbitration. If the grievance involves a difference of opinion with respect 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.
4
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 requesting 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. Authoritv 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 arhitrator shall submit in writing his decision within thirty (30) days following close of
the hearing or the submission 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 presented. If the
arbitrator acts in accordance with this section, the decision of the arbitrator shall be final and binding.
3.6. Exnenses. 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. Processin!! 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.
3.8. Susoensions. Reductions in Pavor Class. or Removal. Any dispute concerning an employee who has
completed his probationary period, and who is suspended, reduced in pay, or classification, or removed, shaII
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 electioo 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.
5
3.9. ProbationarY Period. Nothing herein shall in any way affect the discretioo presently accorded the Fire
Chief with respect to employees in their probationary period following hire, or in their probationary period
following promotion. It is specifically understood by the parties the exercise of the Fire Chiefs discretioo 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 Committee 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 nn 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.
6
ARTICLE IV
NO STRIKE AND NO LOCKOUT
4.1 No Strike. The parties hereby recognize the provisions of Chapter 447 of the Florida 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 shan have the right to discharge or otherwise
discipline any employee(s) who engage(s) in any activity defined in Sectioo 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.
7
ARTICLE V
MANAGEMENT RIGHTS
It is recognized that, except as slated herein, the City shall relain whatever rights and authority are necessary
for it to operate and direct the affairs of the City and the Fire Department 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
8
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 Activitv. 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 nonmembership. It is understood that the Union specifically retains
any rights it has arising out of Chapter 447, Florida Statutes, with regard to its represeotational 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.S. Exchanee 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 Prooerty and ElIuioment. 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. Unifonns. The City agrees to continue to provide uniforms at its expense for the employees covered by
this Agreement The preseot program concerning the providing of windbreaker jackets will be continued. All
uniformed employees covered by this agreement shall receive $50.00 per month for uniform cleaning and
maintenance.
9
6.8. Meetim!s 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 ReDresentatives. 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. Sbould difficulties arise with this section, the parties agree to renegotiate this
section.
6.10. Line of Dutv Injuries. The City agrees that the program for payment of medical and bospitalization
expenses incurred as a result of injuries in the line of duty, which is in effect, shall be continued.
6.11. Chanl!e 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 OfT Dutv 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 recogni:re 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 responsihilityof, 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 ADDoinbnents.
NOTE: TIllS SECTION SUBJECT TO CHANGE DUE TO PENDING ARBITRATION. See
Memorandum of Understandinl!
A. Promotional examinations for the position of Fire Captain, Fire Lieutenant and Fire Fighter n 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 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.
10
B. Within 90 days prior to the date of the examinatioo, notice will be posted containing a list of books and
the reference materials from which technical knowledge and writteo examination questions will be drawn. Such
notice does not preclude assessment centers run in conjunction 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 Personnel Director consisteot with
Personnel/Civil Service Rules and Regulations, or unless superseded 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. Lil!ht Duh Assil!nments. 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
illoesses, 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:
L An employee who is unable to work full service duty, due to a non-service
connected injury or i1loess, not resulting from any misconduct on hislber
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
documentation 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 hy the individual requesting light duty.
Such medical information shall detail specifically the following facts:
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a) injury or illness which causes the limitations of the
performance of the 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 hislber 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 requestiog 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;
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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
conference 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 renegotiate this Section.
6.15. Iniurv Service Connected. For a period of thirty-two (32) weeks, the City agrees to compensate any
member of the bargaining unit with the difference between the weekly disability Workers' Compensation benefit
received or which the employee is entitled to receive, and hislher regular rate of pay for any time lost from
work due to injuries sustained under the following circumstances:
a) While on duty and entitled to be paid by the City; or
b) While reasonably exercising Firefighter functions within the City limits of Miami Beach while
off duty; or while working a departmentally sanctioned off-duty job; or
c) While exercising Firefighter functions when there is a physical danger to a person and the
employee takes reasonable action off duty in Dade or Broward or Palm Beach County; or
d) When operating a City vehicle, being duly autborized to do so by the City; or while on a
reasonably direct travel route to or from work and home in their private vehicle while within
the City limits.
e) In the circumstances described above (subparagraphs I through 4), the City agrees that it is
and will consider itself the employer and the employee the City's employee.
After the advice and comments of the Fire Chief and the lAFF President, the City Manager, at his sole
discretion, may extend the above-described I.S.C. payments beyond thirty-two (32) weeks. This decision is not
subject to grievance or arbitration. The approvals for receipt of this compensation as presently reqnired sball be
continued.
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6.16. JurY Dutv. 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 wi1\ 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 sbift wi1\ be allowed to take off tbe second balf of tbeir assigned shift (8:00 p.m. to 8:00 a.m.)
without being charged to annual leave or sick leave time.
6.17. 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 BENEmS
7.1. Walle Increases.
a) Effective with the payroll date of October 3. 1994. there shall be an across-the-board wage increase of
six percent (6%).
b) Effective with the payroll date of October 2, 1995, there shall be an across-the-board wage increase of
five percent (5%).
c) Effective with the payroll date of September 30, 1996, there shall be an across-the-board wage increase
of five percent (5%).
d) All new bargaining unit employees hired after April I, 1993, shall be paid on a base salary schedule
which is fifteen percent (15 %) lower than the schedule for current employees. Effective with the
ratification of this Agreement, Tier B of the wage plan shall be modified by adding three (3) steps at
the end of the current Tier B pay scale for the bargaining unit, to regain the 15 % reduction resulting
from the implementation of the two-tier pay plan. This provision will be re-negotiated if the City
cannot fill its personnel needs or during negotiations for a successor agreement, whichever comes first.
If a bargaining unit employee on the Tier A plan is promoted into an unclassified position, the
employee will remain on Tier A of the unclassified plan.
NOTE: SECTION D. SUBJECT TO CHANGE DUE TO PENDING ARBITRATION. See Memorandum
of Understandinll.
e) Merit and longevity increases shall become effective on the payroll period commeocing nearest the
effective date.
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7.2. Fire Rescue Duties.
a) Effective October 2, 1995, employees who hold an EMT Certificate shall receive a one percent (1~)
supplement calculated on their base pay.
Effective September 3D, 1996, the supplement shall be one and one-half percent (1-ln~) calculated on
their base pay.
b) Employees who hold an EMT Certificate and are assigned full time to the Rescue Division shall, in
addition to (a) above, receive a minimum of one step above their base pay.
c) Employees who hold an EMT Certificate and have an accumulated one-year of assignment to the
Rescue Division shall, in addition to (a) and (b) above, receive a supplement of two and one-half percent
(2-112 ~) calculated on their base pay.
d) Employees who hold a Paramedic Certificate shall receive a two and one-half percent (2-112 ~)
supplement calculated on their base pay; effective October 2, 1995, the supplement shall be five percent (5~),
and effective September 3D, 1996, the supplement shall be six percent (6~) calculated on their base pay.
e) Employees who hold a Paramedic Certificate and are assigned full-time to Fire Rescue duties shall
receive, in addition to (d) above, a one step above their regular base pay, plus two and one-half percent
(2-ln~) calculated on base pay.
f) Employees who hold a Paramedic Certificate and have an accumulated one-year of assignmeot to Fire
Rescue shall receive, in addition to (d) and (e) above, a supplement of two and ooe-haIf percent (2-1nl')
calculated on base pay for as long as they are assigned to Fire Rescue.
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g) For purposes of paragraph (c) above the accumulated assignment must have occurred within three years
of re-entry into Fire Rescue. For purposes of paragraph (I) above the accumulated assigned time must have
occurred within the previous seven years.
h) Employees shall not receive pay supplements for both EMT and Paramedic Certifications.
i) A Paramedic incentive system existed for the term of the previous Agreemeot that expired on
September 30, 1994. Therefore, only those employee who are enrolled in the Paramedic Certification Training
Course prior to or on September 30, 1994, shall be eligible for the bonus as outlined in the prior Agreement.
j) The parties have entered into a Memorandum of Understanding relatin): to Paramedic Training on duty
which is incorporated herein by reference.
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 tbe City the bonus plus the costs of the Paramedic Course, labs, and course book
fees. Failure to repay the bonus and course fees will allow the City to debit from the employee's last check the
money owed to the City for the bonus and all the fees. This paragraph shall expire on September 30, 1997.
This paragraph shall not apply to persons who leave the employment with the City of Miami Beach through
retirement.
Future promotional exams for Fire Fighter II, Fire Lieutenant, and Fire Captain will require Paramedic
Certification to make application for the appropriate examinations. However, for the term of this Agreement,
this paragraph shall not apply.
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7.3. Fire Prevention Duties.
NOTE: TIDS SECTION. ITEM C. SUBJECT TO CHANGE DUE TO PENDING ARBITRATION. See
Memorandwn of Understandin!!.
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.
b) An employee who bas been assigned to Fire Prevention shall receive an additional two and ooe-half
percent (2-112 %) supplement upon receipt of a Fire Prevention Certificate and shall continue to receive such
supplement until the Certificate expires, regardless of hislher divisional 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 percent (2-112 %) supplement, thus making the total
supplement equal to five (5 %) per cent.
d) An employee who is reassigned out of Fire Prevention and is subsequently assigned back to Fire
Prevention will receive the same amount of supplement as he/she was previously receiving.
7.4. SUDDort Services Duties.
NOTE: TmS SECTION. ITEM C. SUBJECT TO CHANGE DUE TO PENDING ARBITRATION. See
Memorandwn of UnderstandiRll.
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 shaH receive an additional two and ooe-haIf
percent (2-112 %) supplement upon receipt of a Fire Training Certificate and shaH continue to receive such
supplement until the Certificate expires, regardless of hislher divisional assignment.
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c) An employee who has been assigned to Support Services for a year after receiving the Fire Training
Certificate shall receive an additional two and one-half percent (2-112 %) supplement, thus making the total
supplement equal to five percent (5 %), 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 subsequeotly 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, Fire Fighter II, Lieutenant, or
Captain to work in a higher position for more than one hour, he/she shall receive an increase of One Dollar
($1.00) per hour for all hours during which the assignment continues on that tour of duty. The Work Out of
Class Pay referred to in this Section for Lieutenants and Captains shall become effective on December 15, 1994.
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/her current hourly rate, computed
on the basis of a forty (40) hour week as provided in the compensation 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.
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7.8. Holidavs. 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 I, 1986, all Alternate Holidays shall be eliminated; and
b) Effective January I, 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 eqjoyed by the
employees covered by this Agreement shall continue for the term of this Agreement.
7.10. Nel!otiation Pav. 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.
7.11. Sick and Vacation Leave Accrual and Maxirnwn Pavment on Tennination. The
present policy concerning sick leave (iocluding the policy for payment upon termination, retirement, or death),
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.
20
..
Effective October I, 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 fortb 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 be used in tbe pay period year when transferred; be permitted a maximum payment at time of
termination, death, or retirement of 360 hours vacation leave and one baIf of sick leave to a maximum of 360
hours.
7.12. Sick Leave Buv Back. In an effort to control sick leave usage and to encourage employees to conserve
their sick leave, the following program will be adopted for 1995 and 1996:
Those employees witb a current sick leave balance of three bundred (300) hours as of October I, 1995, or
October I, 1996, may process a City-provided application to sell back to the City those sick leave hours in
excess of the three hundred (300) hour base rate. The bours to be sold back to the City cannot exceed five
hundred (500) hours in each calendar year. Further, the buy back rate shall be at the current hourly rate of the
employee at the time of the applicant's application for payment. Payment requests will be processed in the
months of October I, 1995 through November 15, 1995, and October I, 1996, through November 15, 1996.
Payment shall be made in the first paycheck of December 1995 or 1996.
Section 7.13. Sick Leave Review Committee. Upon ratification of this Agreement, a Sick Leave Review
Committee shall be establisbed. Two (2) members shall be appointed by tbe lAFF President and the Human
Resources Director shall be tbe third member. Sucb Committee shall meet every other month on the first
Monday of the meeting montb.
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The Committee shall review the sick leave usage of the department and shall make recommeodations to the Fire
Chief on reducing sick leave abuse. A copy of the Committee's recommendation shall be sent to the City
Manager or his designee.
7.14. Hours of Work. The average workweek for twenty-four hour shift employees will be 48 hours.
7.15. Insurance.
a) All members of the bargaining unit who have worked at least 90 days from date of appointment will
not be 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 Slate certified firefighter employees in the Fire
Department have the option of coverage under the City-provided plan or Firefighters Plan, but not both.
b) All members of the bargaining unit who were members of the Union on September I, 1986, and who
retire on or after October I, 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.
c) The City will pay ninety percent (90%) of the City's per employee, or family PPO payment per month,
per covered employee, to the Florida Firefighters 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 showing all incoming and outgoing plan funds, as well as a schedule of the health and life insurance
provided, and this fioancial 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 contributions to the Firefighters
Insurance Trust Fund.
22
'.
For the term of this Agreement, the City's contribution to Firefighter's Insurance Trost Fund shall not be
decreased,
d) The City shall be provided witb 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.
7.16. 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 recertification bonus. Non-paramedic employees who are
required to obtain EMT recertification shall be provided with the state required instruction while on duty.
7.17. 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, or is required to appear in court or at a deposition in a civil matter which
involves the employee's employment with the City, (except that when the employee is a Plaintiff in any
litigation against the City, when the litigation involves one employee who is suing another employee, and/or
when the employee is a Plaintiff or Defendant in a lawsuit where the employee is not on the same side as the
City, this section shall not apply) he/she will be paid a minimum of three (3) hoUIll at the overtime rate if the
court appearance or deposition is not contiguous to the regular duty shift, If the court appearance or deposition
is contiguous to the regular duty shi ft, the minimum guarantee shall be two (2) hours at the overtime rate.
7,18, 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,
23
7.19. State Traininl! Certificate. Doe employee on each operating shift will be given a $300.00 annual bonus
for holding and maintaining a State of Florida certificate as a trainer. This training certificate holder bonus will
not be treated as a wage payment for any purpose save federal taxes.
7.20. Pension Plck-Uo. The City agrees subject to and in accordance with IRS code and regulation that
pension contributions, although designated as employee contributions, will be paid by the employer in lieu of
contributions by the employee.
7.21. Fire Rescue Assil!nmen!. When the City temporarily assigns an employee covered by this Agreement to
work in Fire Rescue for more than one hour he/she shall receive an additional one dollar ($ LOO) per hour for
all hours during which the temporary assignment continues.
7.22. Pen..ion. The pension benefits as they currently exist shall continue.
7.23. FireJRescue 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 histher fellow employees or who is appointed by the Fire Union.
24
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 shaH either be returned to the donor, or be disbursed 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 President.
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.
d) The Committee will meet on a regular basis at mutually agreed times. Four (4) members of the
Committee shall constitute a quorum, providing that equal representation is available, at a scheduled and posted
meeting.
e) 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.
26
f) The Safety and Health Committee will evaluate the types of helmets, gloves, breathing apparatus, and
protective clothing on a semi-annual basis. A report of this evaluation will be made to the Fire Chief.
8.2. 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 employee, 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.
8.3. 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 tbe 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.
8.4. 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) 00 a quarterly
basis.
8.5. 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 Breathing Apparatus (SeBA).
8.6. Ball CaDS. 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.
27
Further, the Vnioo in a spirit of cooperation will work with Management 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 shaUlose 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 anyone year, for the purpose
of attending state and international conventions, said requests not to be unreasooably denied. The Union will
provide the City with the name(s) of the delegate(s) and provide the dates and locations of any such conveotions
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 portion of the plan for transferal.
30
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 i\1egal drug or controlled subslance 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 reasooable suspicion that the
involved employee(s) may have been using or possessing any i\1egal drugs or non-physician prescription drugs.
3) When Management has a reasonable suspicion that the bargaining unit employee 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 examinatioo, shall result in a recommendation for
discharge of said employee.
Drug tests wi\1 be analyzed by a State and Federal approved laboratory. Any positive test for a controlled
substance shall be confirmed by gas chromatography/mass spectrometry (GeM). 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.
31
A "Last Chance Agreement" will be signed by the employee(s), which will spell out the terms of hislber
continued employment as a condition of entering tbe drug rehabilitation program.
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 XU
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 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.
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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 bargaio collectively with respect to
any subject or maller referred to or covered by this Agreement, and it particularly waives the right to bargain
over the City's exercise of any of its management'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 managemeot'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 amendment must be in writing and
signed by duly authorized representatives of the parties before it wi1l be effective.
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ARTICLE XIV
TERM OF AGREEMENT
This Agreement shall be effective as of its ratification by botb parties, and shall remain in force and effect until
the 30th day of September, 1997. 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 Agreemeot In the event that such notice is given, negotiatioos 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.
35
EXECUTED by the parties hereto on the date first above written.
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS LOCAL 1510,
AFL-CIO-CLC
~ " ~k_~
David Noel
IAFF President
- (\1-wiJL
Approved by Vote of the
City Commission on the 4 t h
day of January , 1995
~t'-^--
ATIEST:
~wL-A ~~
City Clerk
Richard Brown
DRM:lg
a:IAFF/94CfR
IAFF94DR.#1
By
36
CITY OF MIAMI BEACH, FLORIDA
~
Roger M. Carlton
City Manager
B'
Date:
1:;1:;+j~
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 nonnal pension benefit and the limits allowed by the Internal Revenue Code provided
that no such resolutioo shall jeopardize the exempt status of the Plan under the Internal Revenue Code.
37
Memorandum of Understandi",
City of Miami Beach and
International Association of Fire Fighters, Local 1510
Overtime Report
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 quarter! y basis.
38
. .
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(IAFF) LOCAL 1510
ELECTION OF REMEDY FORM
Grievance No.
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 Grievance and Arbitration Article.
1.
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 Grievance
and Arbitration Article.
2.
Signature
Date
Subject of Grievance/Appeal:
DRM:lg
c:FORMS.LR{IAFF-ELRMD
IAFF-ELRMD
39
. .
MEMORANDUM OF UNDERSTANDING
CITY OF MIAMI BEACH
and
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1510
REFERENCE:
PARAMEDIC TRAINING
In an effort to certify bargaining unit personnel, who are not currently certified as
Paramedics, the following conditions shall apply:
For the purpose of this program we will focus on bargaining unit personnel who were
hired on or after March 30, 1987. Seniority in rank will be the initial factor used to
determine selection of students that will be allowed to apply to Miami-Dade Community
College for acceptance into their paramedic program. The Entrance Requirements and
Screening Criteria for admission to Miami-Dade Community College, along with the
Basic Skills Assessment Requirements for EMS Students and EMT Paramedic Student
Agreement, as may be amended by Miami-Dade Community College, are attached and
become a condition of this agreement The department will allow twelve (12) bargaining
unit personnel to enroll in the program each year. However, this number may be
increased at the sole discretion of the Fire Chief, based upon staffing requirements,
budget, class availability, etc. The Fire Chief will also determine the appropriate
number of bargaining unit employees within each rank that will be considered for
enrollment. The City will pay for the paramedic course, lab fees, required textbooks and
related medical exams and vaccinations.
Prior to the beginning of the school semester, bargaining unit personnel who have been
accepted into the program will be transferred to a shift that allows them the opportunity
to attend required classes on duty. This attendance will be governed by policies
developed by the Fire Chief, including but not limited to, dress code, travel time,
schedules, etc.
The fire department shall not be responsible for additional on-duty time or expenses for
bargaining unit personnel who are required to repeat portions of the paramedic course
for graduation.
40
. .
Memorandum of Understanding
Page 2
Bargaining unit personnel eligible for participation in this program will be allowed to
submit a written request for a one time deferment upon notification by the Fire Chief
that they are being processed for the next available class. Any requests for deferment
must be directed to and received by the Fire Chief within fifteen (15) days from the date
of notification to ensure that there will be an adequate number of students available for
entry into this program.
An employee granted a deferment will not be considered eligible for participation for a
period of one (1) year from the date of deferment, at which time he/she will be required
to make application to Miami-Dade Community College for acceptance into the next
available Paramedic Training Program.
On days bargaining unit personnel are attending paramedic school it may become
necessary to temporarily reduce the manning level complement in an effort to minimize
the use of overtime. If this occurs, the remaining apparatus will be staffed according to
the following:
Suppression Division Chief (300), one (1) personnel; Lieutenant 5, one (1) personnel;
four (4) engines and one (1) truck with four (4) personnel each; six (6) rescue units with
three (3) personnel each.
While attending paramedic school, bargaining unit personnel will not be permanently
assigned to any division that would require payment above base salary. For example,
assignment to Fire Rescue Division, Fire Prevention Division or the Support Services
Division. However, they may be assigned temporarily as the need arises.
TS/mc
C:Admin\ParaTmg.DM
Anachmcnts (4)
Entrance Rcquirement
Screening Criteria
Basic Skill, Aslctsmcnt Rcquirements for EMS Students
EMTlParamedic Student Agreement
............................................................................................................
International Association of Firefighters,
Local #1510, AFL - CIa - CLC
Miami Beach Fire Department
David Noel
President
Tom Sullivan
Fire Chief
41
ENTRANCE REOUIREMENTS:
1. Admission to Miami-Dade Community College.
New students or students who have not been enrolled at Miami-Dade
during the last 12-month period must complete a separate application to
the College before applying to a Medical Center Campus Prorgram.
2. MAPS/CPT or equivalent scores, successful completion of remedial coursework
or proof of degree.
3. Demographic Data Sheet.
4. Paramedic Student Agreement Form.
5. Current Emergency Medical Technician State of Florida certification.
Copy of score received on the State EMT certification.
6. Current Cardiopulmonary Resuscitation (CPR) certification
American Heart Association - Course C
7. Verification of current employment with a local pre-hospital advanced life suport
service (If applicable).
8. Current Student Health Record and Physical Examiniaton.
The physical is considered current for one year.
9. Proof of current personal health insurance.
10. Recommendation for admission by the Program screening Committee and/or
permission of the Department Chairperson.
Submission of complete program application by designated date:
June 15
October 15
March 15
Fall Tenn
Winter Tenn
Spring/Summer Tenn
Note: Deadline dates that fall on a weekend will be extended to the next work day.
42
SCREENING CRITERIA:
Due to the speical nature of the program and number of clinical spaces for educational
purposes, program enrollment is limited. Completed applications should be processed
no later than two months prior to the program desired. Selected admission is based on
the final decision of the program Screening Committee which automatically gives !QI2
priority consideration for local pre-hospital advanced life support sponsored students. A
pre-hospital advanced life support service is considered to be a Fire-Rescue Department,
or an ALS ambulance company.
All applicants who have submitted a completed program application on or before the
published deadline will be given consideration and priority according to the following
categories in numerical order. If the class is not filled, late applications will be
considered on a first come, first serve basis.
PRIORITY #1
Evidence of current employment with a local pre-hospital advanced life support service
in Dade County.
PRIORITY #2
Evidence of current employment with a non-local pre-hospital advanced life support
service, but proof of residence in Dade or Monroe County.
PRIORITY #3
Evidence of current certification as a State of Florida Firefighter.
a. North Campus (MDCC) Minimum Standards Program graduate.
b. Non-Graduate of North Campus Program.
c. Favorable status on any Dade County area fire department employee eligibility
list.
PRIORITY #4
Persons currently employed as recognized allied health professionals in a non-pre-
hospital advanced life support setting, and who may have successfully performed as an
EMT for a minimum of six months, with the written recommendation of their medical
director.
43
PRIORITY #S
Evidence of Q1hg need for the course. Applicants possessing uniQ.J.1e qualifications may
submit a statement and documentation describing their request for consideration.
.
A point system may be used within each of the above priority categories based on:
1. Date program application is submitted into the EMS office.
2. Length of time (experience) applicant has been a state certified EMT.
3. Test score on the EMT state Exam.
4. Lecture/Laboratory grades achieved in the EMf course.
COMPOSITION OF THE SCREENING COMMITTEE:
The committee consists of a minimum of :
1. EMS Chairperson or, if necessary, his/her designee.
2. One Program Staff member.
3. One Program Faculty member.
4. One Medical Center Campus Academic Advisor.
44
BASIC SKILLS ASSESSMENT REQUIREMENTS
FOR EMS STUDENTS
The State of Florida requires each public college and university to administer a Basic
Skills Assessment Test to degree-seeking students prior to registration. The Florida
MAPS was selected as the assessment instrument for Miami-Dade Community College,
but the college will accept current SAT, ACf and ASSET scores.
Test results are used to provide academic advisement and appropriate course placement
in the areas of reading, writing, arithmetic and elementary algebra. This is not an IQ
test; it is a way to ensure that students are properly prepared for, and to maximize
success in, college level class work. A poor performance on the Basic Skills tests does
not mean that you will not succeed in college. It may simply mean you need to learn
how to take tests or need to acquire information missed in previous academic efforts.
Advisement Services and faculty are here to help you.
Miami-Dade Community College students who meet any of the following definitions
must take the Florida MAPS prior to registration.
REOUlRED:
1. All first-time-in-college students who designate themselves as degree seeking.
Such students may not register for any credit course at Miami-Dade until they
have scores on file.
2. All students who register for any English or Mathematics course.
3. All students who register beyond 15 cumulative credits.
4. All students who are currently in high school.
5. All students who took a placement exam more than three years ago and who have
not used those scores for placement decisions.
6. All students who designate themselves as EMS Program Applicants.
EXEMPTED FROM FL-MAPS I CPT TESTING:
1. Students who have earned an Associate Degree or higher from an accredited
institution.
45
2. Students who present scores obtained over three years ago and who used them in
course placement decisions.
3. Students who have earned a grade of "C" or higher in both a college -English
course and a college-level Algebra course.
4. Students who have previously attended another college or university and are
enrolling for courses to transfer to their primary institution (and who are not
seeking a degree at MDCC) are exempt from basic skills testing unless they enroll
in an English course, Mathematics course, or an EMS course.
5. Students who present SAT or ACT scores which meet State requirements are
exempt from further testing (see below). If multiple test results are on record, the
highest subtest scores are used. Any score below that needed for exemption will
result in testing on the FL-MAPS or CPT.
AREA
ENUANCED
ACT
SAT
BEFORE MARCH 1994
SAT!
AITER MARCH 1994
Reading
English
Math
Reading
English
Math
16
16
16
Verbal
TSWE
Math
340
31
400
Verbal
Verbal
Math
340
340
400
6. Students in specified programs for which the College President may waive assessment
within the guidelines provided by State Rule.
For information on CPT/MAPS test sessions call 237-4275 or go to the Advisement
Department in Room 1354 at the Medical Center Campus.
46
EMT - PARAMEDIC STUDENT AGREEMENT
Each student selected for the EMT-Paramedic Program is expected to comply with all
policies and regulations for Miami-Dade Community ColIege and all academic and program
policies of the Emergency Medical Services Department.
It shall be the responsibility of the student to receive, become thoroughly familiar with, and
adhere to any expectations and policies as outlined in the most recent printing of:
1. EMT-Paramedic Program Descripiton (distributed in orientation)
2. EMT-Paramedic Lecture, Laboratory and Clinical Schedule (distribution in
orientation)
3. EMT-Paramedic Program objectives (to be purchased in Bookstore).
4. Students' Rights and Responsibilities Handbook (available at Registrar's
Office).
5. College Catalog (available at Registrar's Office).
It is the responsibility of the EMT - P student to engage in that behavior which best facilitates
the successful attainment of all course objectives and fulfillment of program competencies.
This includes adhering to all policies and regulations outlined in the EMT-P Program
Description. It is the responsibility of the Emergency Medical Services Department and the
EMT - P Program Instructors to direct, assist and encourage the student in the successful
attainment of all course objectives and fulfilIment of program competencies. This includes
administering and enforcing all policies and regulations outlined itn the EMT-P Program
Description as well as providing appropriate didactic, laboratory and clinical instruction;
conducting periodic evaluation (testing) of the student's progress and informing the student of
that progress.
Students are to be advised that a periodic progress report will be given to the student and a
copy placed in his/her file. This report will include current course averages, attendance,
class participation and any disciplinary actions. Test results and/or course grades may be
posted by student number only, by the EMT-P Program Instructors.
Students are advised that due to the physical nature of this profession, the laboratory, clinical
and field internship, portions of this program may subject each student to unusual situations
of risk and hazard. The student agrees to hold the colIege, it's administrators, faculty and/or
other agents acting on behalf of the colIege, harmless and not responsible for any/or all
injuries or illness which may result pursuant to enrollment in this program.
47
EMT-Paramedic Student Agreement (Continued)
Students are advised of the following conditions which shall constitute grounds for dismissal
from the EMT-P Program:
1. Academic dishonesty.
2. Failure to satisfy health examination requirements.
3. Failure to maintain clinical malpractice insurance coverage.
4. Failure to satisfy minimum course objectives and Program Competencies with
the minimum percentage score as outlined in the EMT-P Program Description
and course syllabi.
5. Failure to comply with policies and regulations outlined in the EMT-P
Program Description and course syllabi.
6. Failure to maintain health insurance coverage.
Having received and read the EMT-P Student Agreement, and having agreed to obtain, read
and adhere to the above listed informational material, the student whose name appears below,
agrees to adhere to and comply with the policies and procedures of the EMT-P Program
described herein.
STUDENT NAME (Print)
(Last)
(First)
(Middle)
StUDENT SIGNATURE
DATE
ADDRESS
(Street)
(City)
(Zip Code)
HOME PHONE
MDCC STUDENT NUMBER
SOCIAL SECURITY NO.
DATE OF BIRTH
EMPLOYER
BUSINESS PHONE
YOUR POSITION
FIRE DEPARTMENT SHIFf (IF APPLICABLE)
(A, B, or C)
IN CASE OF AN EMERGENCY, CONTACT
PHONE NUMBER
48
MEMORANDUM OF UNDERSTANDING
SECTIONS PENDING ARBITRATION
In the settlement of the successor agreement between the C~y of Miami Beach and the International
Association of Firefighters, Local 1510, the C~y and the Union have agreed that the labor agreement
shall operate as negotiated when ratified by the respective parties.
Four (4) contract proposals were unresolved and shall be resolved by submitting them to final and
binding arb~ration after ratnlcation of the labor agreement The arbitrator shall be selected consistent
with the Arb~ration provision in the labor agreement The arbitration process shall be commenced w~hin
four (4) weeks after this Agreement is ratified and shall be processed with dispatch. The arb~rable
Issues are:
1) Article VI. General Provision. Sections 6.13. Promotional
Examinations and ADoointments
For the next promotional examinations for Firefighter II, Lieutenant and
Captain, what shall be the respective weights for the written test and the
Assessment Center and what shall be the passing score and how shall ~
be determined? What weight shall be given for senior~y and education
factors and how shall they be determined? Should a structured
Interview be used, and n so, what shall be the components of such a
process; and n used, what shall be the respective weights for the written
test, the Assessment Center, seniority and education and structured
interview?
2) Article VII. Waoes and Frinoe Benefits. Section 7.1, Waoe Increases
Should the Tier B pay scale be changed to provide for one step
advance on the scale to employees who receive a Firefighter
Certnication; one step for an EMT Certnicatlon; and, one step for a
Paramedic Certnication?
continued."
49
3) Article VII. Waoes and Frinlle Benefits. Section 7.3(c!. Fire
Prevention Duties and Section 7 Alc!. SUDoort Service Duties
Should an employee who has been assigned to Fire Prevention or
Support Services for one year after receiving the Fire Prevention/Fire
Training Certificate, receive an additional two and one-half percent
(2-1/2%) supplement, making the total supplement equal to seven and
one-half percent (7-1/2%)?
4) New Article/Workers' ComDensation Inouirv
Should a bargaining unit employee allege he/she has contracted HIV,
AIDS, Hepatitis, or Meningitis in the line of duty, should the
recommendation of the Inquiry Committee be final and binding upon the
City to accept the claim as a work related claim? Should this procedure
apply to the pending HIV /AIDS claim In the Fire Department, as well as
future claims?
50
RESOLUTION NO. 95-21450
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH APPROVING THE THREE-YEAR LABOR
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, FOR THE
PERIOD OCTOBER 1,1994, TO SEPTEMBER 30, 1997.
WHEREAS, the City Manager has submitted to the Mayor and City Commission a Labor
Agreement by and between the City of Miami Beach and the International Association of Firefighters
(IAFF), Local 1510, the bargaining agent certified by the Public Employees Relations Commission for
employees covered by the agreement; and
WHEREAS, this Labor Agreement for the three-year period of October 1, 1994, through
September 30, 1997, is attached as Exhibit "A"; and
WHEREAS, the previous Labor Agreement was for a two-year period from October 1, 1992 to
September 30, 1994; and
WHEREAS, the City Manager has recommended that the City Commission approve the attached
Labor Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached Labor Agreement between the City of
Miami Beach and the International Association of Firefighters, Local 1510, be and is hereby approved
upon ratification by the IAFF.
PASSED and ADOPTED this 4th dSy of January, 1995.
ATTEST:
!
--~L~
ity Clerk
RMC:lg
a:COMM-MEM08I92
RES94IAF_CTR
~
City Attorney
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33 139
COMMISSION MEMORANDUM NO. -l R -q ES
TO:
Mayor Seymour Gelber and
Members of the City Commission
DAT~ January 4, 1995
FROM:
Roger M. Carlt
City Manager
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS IIAFFI LABOR
CONTRACT /APPROV ALAND IMPLEMENTATION OF AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH AND IAFF LOCAL 1510 FOR A THREE (31 YEAR PERIOD. FROM
OCTOBER 1. 1994, TO SEPTEMBER 30, 1997
SUBJECT:
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve and implement the attached Labor
Agreement negotiated with the IAFF Local 1510, for the three year period commencing on October 1, 1994,
to September 30, 1997, by taking the following action:
1) Adopt the attached resolution which approves the labor Agreement between the City of Miami
Beach and the IAFF for the period from October 1,1994, through September 30, 1997.
2) Adopt the attached ordinance on first reading, and schedule a public hearing and second
reading on January 18, 1995, which amends Ordinance No. 789 and provides for the
following:
a) a six percent (6%) salary increase for classifications in Group IILA and Group III.B,
effective retroactive to October 3, 1994;
a-1) increase the maximum of Tier B salary ranges to that of
Tier A salary ranges.
b) a five percent (5%) salary Increase for classifications in Group IILA and Group IILB,
effective October 2, 1995;
c) a five percent (5%) salary increase for classifications In Group IILA and Group III.B,
effective September 30,1996;
BACKGROUND:
The previous Agreement with the IAFF covered a two year period from October 1, 1992, though
September 30, 1994. On Thursday, December 1, 1994, the City and the IAFF reached a tentative agreement
on the terms for a three year labor contract. On December 29, 1994, the membership of the IAFF completed
the process of voting to ratify the Labor Agreement The final count was 124 votes with 109 for and 15
against
continued", .
AGENDA ITEM
DATE
~ -5~{L
(-i-qS
, .
Commission Memo'
Page 2
January 4, 1995
PROPOSED AGREEMENT
The proposed Labor Agreement between the City of Miami Beach and the IAFF was achieved after ten
intense labor contract negotiation sessions. The following is a summary of the major provisions and
highlights of the Agreement:
WAGES
1) Effective with the payroll date of October 3, 1994, there shall be an across-the-board wage increase
of six percent (6%).
1A) The Tier B wage scale will be modnied so that there will be three (3) additional
steps included at the top of the existing range, so as to ultimately provide those
employees who were hired under Tier B of the wage plan to be on the equivalent
Tier A pay scale in approximately ten (to) years.
2) Effective with the payroll date of October 2, 1995, there shall be an across-the-board wage increase
of fIVe percent (5%).
3) Effective with the payroll date of September 30, 1996, there shall be an across-the-board wage
increase of fIVe percent (5%).
The estimated cost for Fiscal Year 94/95 is $420,000.
EMERGENCY MEDICAL TECHNICIAN IEMTlIPARAMEDIC CERTIFICATION SUPPLEMENT
Due to the increased number of basic Ine support (rescue) calls being responded to by engine and ladder
units, the demands for EMT /Paramedic skills has increased beyond that provided by the Rescue DMsion
of the Department The demand for rescue service is approximately 85% of the service calls to the Fire
Department In consideration of these increased responsibilities, Certification supplements w~1 increase as
follows:
a) EMT Certification: Effective October 2, 1995, a one percent (1 %) supplement WIll be
provided; effective September 30, 1996, the supplement wm be increased to one and
one-half percent (1-1/2%).
b) Paramedic Certification: Effective October 2, 1995, the supplement will be increased by two
and one-half percent (2-1/2%); effective September 30. 1996, the supplement wm be
Increased by an additional one percent (1%).
FLORIDA FIREFIGHTERS INSURANCE TRUST
At present, the City contributes $190 per month, per covered employee, to the Florida Firefighters Trust for
medical Insurance. This contribution will change to the same as currently received by the Fraternal Order
of Police, which is ninety percent (90%) of the City's health plan costs per employee or family PPO payment.
The estimated cost for FY 94/95 Is $60,000.
continued".
.
Commission Memo
Page 3
January 4, 1995
SICK LEAVE
Alter a review of the usage of sick leave. it is evident that not all employees are accustomed to conserving
their sick leave usage. In previous years. the practice for some employees has been to use the sick leave
as quickly as it is earned. In an attempt to reduce the excessive use of sick leave abuse and increase
productivity. a sick leave committee will be established comprised of union and management personnel.
The committee wnl analyze sick leave usage in the Fire Department and then make the appropriate
recommendations to the Fire Chief on methods to reduce sick leave abuse. It is anticipated that this plan,
if successful, could have a 15% reduction in the use of sick leave.
This contract provides a specific program for years 1995 and 1996 where employees will be encouraged
to, conserve their sick leave, and once they have a bank in excess of 300 hours, the employee has the
option to sell back their sick leave to the City in November of 1995 or 1996, up to a maximum of 500 hours.
Sick leave banks that accrue are like an 'IOU', and assuming an employee earns 2,342 hours of sick leave
over approximately 24 years of employment, that time Is paid off upon retirement or resignation at the rate
of pay of the employee when the employee leaves or retires. This program will encourage employees to
save their sick leave so that they will always have a base of 300 hours or more. and yet the employee who
judiciously saves sick leave. will have the option to sell some time back at the current rate of pay, should
the employee wish to do so. Buying back the time at their current rate of pay of the employee would be
a redemption of the IOU at the current rates rather than at the retirement rate when the pay rate per hour
would be substantially higher. We estimate this program to have a future cost savings of $300,000.
ARBITRATION REFERRAL
Despite the long and intense negotiations, it was agreed that the four issues which were not resolvable at
the bargaining table would be submitted to binding arbitration. Further, until the issues are resolved, the
current contract language on the subjects to go to arbitration will remain in effect If ratified by the City
Commission, the contract will operate as negotiated, and alter the arbitration, the contract will be modified
to reflect the arbitrator's decision. The issues to be submitted to arbitration are as follows:
a) PROMOTIONS - Promotional procedures for the positions of Firefighter II, Ueutenant, and
Captain. The procedures will set the weight for the components of the written examination
and an Assessment Center, plus the value of weight to be accorded for seniority and
education.
b) WORKERS' COMPENSATION INQUIRY - Union proposal relative to employees contracting
HIV / AIDS, Hepatitis. and Meningitis, and if alter investigation by a Workers' Compensation
Committee, should the Committee's recommendation be binding upon the City.
c) TIER B - Union proposes entry level salary increases for new employees with Firefighter.
EMT or Paramedic Certifications of one salary step per certificate.
d) INSPECTOR/INSTRUCTOR PAY SUPPLEMENT - The Union proposed Increased pay
supplements for employees who are certified for Fire Prevention or Training of two and
one-half percent (2-1 \2%).
continued...
. .'
.
Commission Memo
Page 4
January 4, 1995
COSTS AND AVAILABLE RESOURCES
The total cost increase for Fiscal Year 94/95 is estimated at $480,000. A portion of the Increase was
anticipated and provided in the current budget of the Fire Department. It is expected that other
departmental savings will provide the additional funding necessary to fund the contract increases.
CONCLUSION:
While neither side of the bargaining process was able to achieve all their expectations, I believe the
agreement that was reached Is within the City's financial ability.
I wish to take this opportunity to thank the City's representatives, as well as the members of the IAFF's
bargaining team. The bargaining sessions were, at times, very intense. While the City Administration would
have preferred to reach closure on all open issues, It was not possible. The results of the arbitration process
will be known during the first quarter of 1995.
RMC:DRM:lg
Attachments
..-COMM-MEMOII92
Wll<C7lt CJ<