Int. Assoc. of Fire FightersAGREEMENT
Between
CITY OF MIAMI BEACH, FLORIDA
and the
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1510
AFL -CIO -CLC
Period Covered
October 1, 1997 through September 30, 2000
TABLE OF CONTENTS
PAGE
AGREEMENT 1
ARTICLE 1 RECOGNITION 2
ARTICLE 2 DEDUCTION OF UNION DUES
Section 2.1 Check off 3
Section 2.2 Indemnification 3
ARTICLE 3 GRIEVANCE PROCEDURE
Section 3.1 Definition of Grievance and Time Limit for Filing 4
Section 3.2 Definitions of Weekday 4
Section 3.3 Grievance Procedure 4
Section 3.4 Binding Arbitration 5
Section 3.5 Authority of Arbitrator 5
Section 3.6 Expenses 5
Section 3.7 Processing Grievance 5
Section 3.8 Suspensions, Reductions in Pay or Class, or Removal 6
Section 3.9 Probationary Period 6
Section 3.10 Union Grievance Committee 6
Section 3.11 Waiver of Time Limitations 6
ARTICLE 4 NO STRIKE AND NO LOCKOUT
Section 4.1 No Strike 7
Section 4.2 No Lockout 7
ARTICLE 5
MANAGEMENT RIGHTS 8
ARTICLE 6 GENERAL PROVISIONS
Section 6.1 No Discrimination 9
Section 6.2 Union Activity 9
Section 6.3 Seniority List 9
Section 6.4 Relief at Fire 9
Section 6.5 Exchange of Time 9
Section 6.6 Protection of City Property and Equipment 9
Section 6.7 Uniforms 9
Section 6.8 Meetings Between Parties 10
Section 6.9 Officers and Other Representatives 10
Section 6.10 Line of Duty Injuries 10
Section 6.11 Change in Shifts 10
TABLE OF CONTENTS. continued PAGE
ARTICLE 6
Section 6.12
Section 6.13
Section 6.14
Section 6.15
Section 6.16
Section 6.17
Section 6.18
ARTICLE 7
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
ARTICLE 8 JOINT
Section 8.1 - 8.2
8.3 - 8.5
Section 8.6
ARTICLE 9
Section 9.1
Section 9.2
Section 9.3
GENERAL PROVISIONS, continued
Fire and Rescue Off Duty Services 10
Promotional Examinations & Appointments 10
Light Duty Assignments 13
Injury Service Connected 13
Jury Duty 14
Reduction in Work Force 14
Infectious Disease Presumption 14
WAGES AND FRINGE BENEFITS
Wage Increases 15
Fire Rescue Duties 15
Fire Prevention Duties 16
Support Services Duties 17
Work Out of Classification 17
Overtime 17
Call-in Guarantee 18
Holidays 18
Vacation Benefits 18
Negotiation Pay 18
Sick and Vacation Leave Accrual, Maximum
Payment on Termination 18
Sick Leave Review Committee 19
Hours of Work 19
Insurance 19
Recertification 20
Court Time 20
On -Call 20
State Training Certificate 20
Pension Pick-up 20
Rescue Out of Class (ROC) 20
Pension 21
Fire/Rescue Recreation Fund 24
Voting Time 25
OCCUPATIONAL SAFETY AND HEALTH
Committee and Responsibilities 26
27
Ball Caps 27
LEAVE OF ABSENCE
Union Conventions 28
Educational Leave and Tuition Refund 28
Bereavement 28
11
TABLE OF CONTENTS, continued PAGE
ARTICLE 10 TRANSFER OF SERVICES
Section 10.1 Notice 29
Section 10.2 Discussions 29
ARTICLE 11 DRUG/ALCOHOL TESTING
Section 11.1 Selection 30
Section 11.2 Screening 30
Section 11.3 Expedited Arbitration 32
Section 11.4 Rehabilitation 33
ARTICLE 12 SAVINGS 34
ARTICLE 13 WAIVER AND ENTIRE AGREEMENT 35
ARTICLE 14 TERM OF AGREEMENT 36
EXECUTION 37
ADDENDUM TO AGREEMENT 38
MEMORANDUM OF UNDERSTANDING/Paramedic Training 39
ELECTION OF REMEDY FORM 48
APPENDIX A 49
iii
AGREEMENT
THIS AGREEMENT, made and entered into this 23rdday of September, 19 98 by and between the
CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS, LOCAL 1510, AFL -CIO -CLC (herein called the "Union").
WITNESSETH:
SCOPE
It is the intention of this Agreement to provide for salaries, fringe benefits, and other terms and conditions
of employment. It is further the intention of this Agreement to prevent interruption of work and interference
with the efficient operation of the City and to provide for an orderly, prompt and just manner in handling
grievances.
It is understood that use of masculine -gender terms in this Agreement includes persons of both genders.
NOW, THEREFORE:
IAFF - 1
ARTICLE 1
RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of
negotiations over wages, hours, and other terms and conditions of employment in the following
classifications in the Fire Department:
Fire Fighter I (including Fire Fighter Trainee),
Fire Fighter II,
Fire Lieutenant,
Fire Captain, and
all probationary employees serving in these classifications.
All other employees in other present classifications, including Fire Chief, Assistant Chief, Division Chief,
and any other classifications established by the City, are excluded.
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ARTICLE 2
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.
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ARTICLE 3
GRIEVANCE PROCEDURE
3.1. Definition of Grievance and Time Limit for Filing. A grievance is any dispute which may arise
involving the interpretation and application of the express terms of this Agreement. No grievance shall be
entertained or processed unless it is submitted within ten (10) weekdays after the occurrence of the event
giving rise to the grievance.
3.2. Definitions of Weekday. The term "weekday", as used herein, shall be defined as any day, Monday
through Friday, excluding holidays, recognized by the City.
3.3. Grievance Procedure. Grievances shall be processed as follows:
Step 1: Any employee who believes he/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 his/her answer within six (6) weekdays after such
presentation. The employee will also provide the Union with a copy of said grievance. If
the City form is not available through the Division Chief's office, the time limit for filing
shall be waived until such time as the form is provided to the grieving party.
Step 2: If the grievance is not settled in Step 1 and the Union Grievance Committee desires to
appeal, it shall be referred in writing by the Union to the Fire Chief within six (6) weekdays
after the City's answer in Step 1. The Election of Remedy Form shall be completed and
signed by the IAFF and/or the grievant, and attached to the Step 2 grievance. The Fire
Chief, or his/her 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.
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3.4. Bindina 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.
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. Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to, or
subtract from the provisions of this Agreement. He shall consider and decide only the specific issue
submitted to him in writing by the City and the Union, and shall have no authority to make a decision on
any other issue not so submitted to him. The arbitrator shall submit in writing his decision within thirty (30)
days following close of the hearing or the 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. Expenses. All costs of arbitration, including the arbitrator's fees and expenses, shall be divided
equally between the City and the Union; provided, however, that each party shall be responsible for
compensating its own representatives or witnesses. Either party desiring a copy of the transcript shall
bear the cost of same.
3.7. Processing Grievance. All grievance discussions and investigations shall take place in a manner
which does not interfere with the operation of the Fire Department. Any time spent by the Grievance
Committee of the Union in discussions or processing grievances at Step 1, 2, or 3 during their working
hours, shall not result in loss of earnings or benefits.
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3.8. Suspensions. Reductions in Pay or Class. or Removal. Any dispute concerning an employee who
has completed his probationary period, and who is suspended, reduced in pay, or classification, or
removed, shall be processed through the Personnel Board under the statutory procedure governing such
appeals, or under this contractual grievance procedure upon the election of the employee within ten (10)
days of the event giving rise to the dispute. An election of one procedure shall foreclose any resort to the
other procedure. If the employee elects to utilize this contractual grievance procedure, it shall commence
at Step 3.
3.9. Probationary Period. Nothing herein shall in any way affect the discretion presently accorded the
Fire Chief with respect to employees in their probationary period following hire, or in their probationary
period following promotion. It is specifically understood by the parties the exercise of the Fire Chiefs
discretion in this regard shall not in any way be subject to the grievance procedure set forth herein.
3.10. Union Grievance Committee. The Union shall appoint a Grievance 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 on duty without
receiving the permission of the Fire Chief, however, such permission shall not unreasonably be withheld.
3.11. Waiver of Time Limitations. The parties may mutually agree in writing to extend any of the time
limitations set forth above for the processing of grievances.
IAFF - 6
ARTICLE 4
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 shall have the right to
discharge or otherwise discipline any employee(s) who engage(s) in any activity defined in Section
447.203(6) of the Florida Statutes, at its discretion, provided that an employee may grieve and have
arbitrated the question of whether or not he engaged in the prohibited conduct.
4.2. No Lockout. The City will not lock out any employees during the term of this Agreement as a result of
a labor dispute with the Union.
IAFF - 7
ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that, except as stated herein, the City shall retain whatever rights and authority are
necessary for it to operate and direct the affairs of the City and the Fire 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.
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ARTICLE 6
GENERAL PROVISIONS
6.1. No Discrimination. In accordance with applicable federal and state law and only to the extent of
such law, the City and the Union agree not to discriminate against any employee on the basis of race,
creed, color, or national origin, political affiliation, or marital status.
6.2. Union Activity. The City and the Union agree not to interfere with the right of employees to become
or not become members of the Union, and further, that there shall be no discrimination or coercion against
any employee because of Union membership or nonmembership. It is understood that the Union
specifically retains any rights it has arising out of Chapter 447, Florida Statutes, with regard to its
representational activities.
6.3. Seniority List. The City shall, on March 1st of each year, prepare a seniority list by time in rank or
grade of all employees covered by this Agreement and immediately thereafter post such list in each fire
station. Such seniority list shall stand as posted unless an objection is reported to the Fire Chief within
forty (40) calendar days after posting.
6.4. Relief at Fire. In the event of a fire or fires, or other emergencies requiring employees to work longer
than their regular tour of duty, the officer in charge shall attempt to relieve these employees by the
oncoming tour as soon as feasible.
6.5. Exchanae of Time. The Fire Chief or acting Fire Chief may grant a request of any two (2) employees
to exchange duty tours if the City will not incur any overtime costs as a result thereof.
6.6. Protection of City Property and Eauipment. It shall be the responsibility of any employee having
custody of any equipment and property to see that it is properly cared for, kept clean, and returned to its
place of storage. The City agrees to provide designated areas for the storage of bunker gear.
6.7. Uniforms. The City agrees to continue to provide uniforms at its expense for the employees covered
by this Agreement. The present program concerning the providing of windbreaker jackets will be
continued. All uniformed employees covered by this agreement shall receive $50.00 per month for uniform
cleaning and maintenance.
IAFF - 9
6.8. Meetinas between Parties. At the reasonable request of either party, the Union President, or his
representative, and the City Manager, or his representative, shall meet at a mutually agreed -to time and
place to discuss matters that require immediate discussion.
6.9. Officers and Other Representatives. Not more than two officers or other representatives of the
Union, with the permission of the Chief, shall be afforded reasonable time during regular working hours
without Toss of pay to conduct Union business. Should difficulties arise with this section, the parties agree
to renegotiate this section.
6.10. Line of Duty Injuries. The City agrees that the program for payment of medical and hospitalization
expenses incurred as a result of injuries in the line of duty, which is in effect, shall be continued.
6.11. Chanae in Shifts. The City agrees to give employees covered by this Agreement notice prior to
any change in shifts, such notice to be at least seven (7) days prior to the change unless circumstances
do not permit.
6.12. Fire and Rescue Off Duty Services. It is recognized that members of the bargaining unit are
offered the opportunity from time to time to perform services utilizing their expertise and training for the
benefit of private persons or entities, or public organizations or entities other than the City of Miami Beach.
In such cases, the rate for the performance of these off-duty jobs shall be at a uniform hourly rate
established by the Fire Chief in consultation with the President of the Union. The parties recognize and
agree that the performance of these off-duty jobs or details do not constitute employment by the City of
Miami Beach and that payment for these services will be made by, and is the responsibility of, the other
employer. Performance of this work shall be on a voluntary basis and there shall be lists of persons who
wish to volunteer established on a basis which is mutually agreeable to the Chief and the President of the
Union.
6.13. Promotional Examinations and Appointments.
A. Promotional examinations for the position of Fire Captain, Fire Lieutenant and Fire Fighter II will
be given at least once every two (2) years in such fashion as to provide continuously active promotional
lists. Should there be no vacancies or known projected vacancies, then the Human Resources Director
shall meet with the Union President and one other Union representative to discuss the postponement. If
there are vacancies which are approved to be filled, then the Human Resources Department shall give the
appropriate tests within six (6) months.
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B. At least ninety (90) days prior to the date of the examination, notice will be posted containing a list
of books and the reference materials from which technical knowledge and written examination questions
will be drawn. A Book Committee of the Human Resources Director, the Fire Chief, two incumbents, (one
designated by the Fire Chief and one designated by the Union President) and the written test developer
shall select the books and test material from which technical knowledge questions will be drawn.
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 Human Resources Director consistent
with Personnel/Civil Service Rules and Regulations, or unless superseded by the results of an interim
promotional examination.
E. For future promotional examinations for Firefighter II, Lieutenant, and Captain, the raw passing
score will be seventy percent (70%) after all challenges have been resolved by the author of the test.
Assessment centers will be used for promotions to Lieutenant and Captain, but not for Firefighter II
promotions. After consultation with the Union President, the City will select an independent, qualified
service provider to furnish and administer a validated assessment center or a behavioral assessment
component that is mutually agreeable to the parties. The City will offer assessment component training to
all qualified applicants.
The first written examination given, following ratification of this Agreement, for Lieutenant and Captain will
constitute fifty percent (50%) and the assessment components will constitute fifty percent (50%) of the
applicant's combined score. All subsequent written examinations will constitute thirty-five percent (35%)
and the assessment components will constitute sixty-five (65%) of the applicant's combined score.
Seniority and education points in accordance with the following specifications will then be added to the
combined score after the candidate has successfully passed all components for the promotional
examination.
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PROMOTIONAL CREDIT
I) Seniority
a) Years of City service (L.B.R. )
Units Points/ Points
Unit
b) Years of Continuous Regular Status in
Promotional Grade +
TOTAL =2= x1.0=
II) Creditable related education above minimum
requirements and completed since exam which
resulted in appointment to enter promotional grade.
a) Class hours of technical/training
courses. .0005
b) College semester hours. .0333
c) 2 -year college degree (i.e., Associate's,
Master's, Doctorate) 2.0
d) 4 -year college degree (i.e., Bachelor's) 4.0
III) Minimum Score for Promotional Credit
IV) Total Promotional Credit (Maximum 100)
V) Weight
VI) Final Weighted Promotional Credit
70.00
x .06
A promotional list will then be created listing the applicants in descending, numerical order of combined
scores. The Fire Chief will then appoint applicants for promotion from this promotional list. Skip -overs
may result from an employee being rated unsatisfactory in two (2) or more evaluation elements within the
last twelve (12) months; being issued three (3) or more written reprimands/suspensions within the last
twenty-four (24) months; serving under a Last Chance Agreement; or being physically/mentally
unqualified to perform the essential functions of the position.
Promotions shall be made by rank order provided that the ranking employee's documented performance
and/or discipline history are not significantly inferior to that of the next ranking candidate.
IAFF - 12
Section 6.14. Liaht Duty Assianments. If an employee is temporarily unable to perform the essential
functions of a Firefighter position due to a non -job related injury/illness, he may make a written request to
the Fire Chief for a light duty assignment. The Chief shall determine if there are any necessary functions
which could be performed by a light duty employee. If there are such opportunities, the Chief shall inform
the employee of them and the physical capabilities required for their performance.
The employee shall present this light duty assignment information to his treating physician and obtain, at
his expense, a written evaluation of his capacity to perform the functions of the assignment. The medical
evaluation must be in sufficient detail to satisfy the Chief. The Chief reserves the right to request a
second opinion from a City -appointed physician. The establishment, duration, work hours, and content of
light duty assignments are at the sole discretion of the Fire Chief and may be modified or ended at any
time.
6.15. Iniury 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 his/her regular rate of
pay for any time lost from work due to a service -connected injury. "Service -connected injuries" shall be
defined as 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 County, Broward County, or Palm
Beach County, excluding any injury incurred while performing duties as a member of any
other fire or emergency service; or
d) when operating a City vehicle, being duly authorized 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; or
e) while participating in organized fire service training that is approved in writing by the Fire
Chief after consultation with the Risk Management Office.
In the circumstances described above (subparagraphs a through e), the City agrees that it is and will
consider itself the employer and the employee the City's employee.
IAFF - 13
After the advice and comments of the Fire Chief and the IAFF 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
required shall be continued.
6.16. Jury Duty. Bargaining unit personnel who are summoned to jury duty shall be covered by the
following:
a) Personnel who are released from jury duty and who are not required to return for jury duty
the following day will be required to report to work and complete the remainder of their
assigned tour of duty.
b) Personnel who are required to return to a jury pool or to jury duty on the date following
their scheduled shift will be allowed to take off the second half of their 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.
Section 6.18. Infectious Disease Presumption: Any condition or impairment of health caused by
Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS), Hepatitis, Pulmonary
Tuberculosis or Meningococcal Meningitis shall be presumed to have been accidental and to have been
suffered in the line of duty unless the contrary be shown by satisfactory evidence, subject to the following
conditions:
1) Within three (3) months of the date this Agreement is ratified, current bargaining unit employees
shall take a medical exam that tests for any evidence of HIV/AIDS at a hospital or accredited
testing laboratory chosen by the City, on their own time, and at the City's expense. Thereafter,
current employees shall be afforded the presumption of work related illness relative to the
contraction of HIV/AIDS, Hepatitis, Pulmonary Tuberculosis or Meningococcal Meningitis.
2) New hires shall acquire the presumption entitlement after completing a pre-employment (post
conditional offer of employment) medical exam that tests for and fails to reveal any evidence of
AIDS, Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis.
3) Employees who refuse to take the pre-employment testing related to presumptions mentioned in
this Section shall not be eligible for the presumptions.
IAFF - 14
ARTICLE 7
WAGES AND FRINGE BENEFITS
7.1. Waae Increases.
a) Effective with the payroll date of September 29, 1997, there shall be an across-the-board wage
increase of three percent (3%).
b) Effective with the payroll date of September 28, 1998, there shall be an across-the-board wage
increase of three percent (3%).
c) Effective with the payroll date of September 27, 1999, there shall be an across-the-board wage
increase of three percent (3%).
Effective on the date this Agreement is ratified by the City, the two-tier pay plan shall expire and
be replaced by the pay plan in Appendix A.
Current employees hired under the Tier B pay plan shall have their pay advanced by one step on
September 29, 1997, one step on September 28, 1998, and one step on September 29, 1999.
d) Merit and longevity increases shall become effective on the payroll period commencing nearest
the effective date, provided that the employee's performance has been rated as satisfactory for
the prior year.
7.2. Fire Rescue Duties.
a) Employees who hold an EMT Certificate shall receive a one and one-half percent (1-1/2%)
supplement 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
(2-1/2%) calculated on their base pay.
d) Employees who hold a Paramedic Certificate shall receive a six percent (6%) supplement
calculated on their base pay.
IAFF - 15
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 (2-1/2%) calculated on base pay.
f) Employees who hold a Paramedic Certificate and have an accumulated one-year of assignment
to Fire Rescue shall receive, in addition to (d) and (e) above, a supplement of two and one-half percent
(2-1/2%) calculated on base pay for as long as they are assigned to Fire Rescue.
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 (f) 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) The parties have entered into a Memorandum of Understanding relating to Paramedic Training on
duty which is incorporated herein by reference.
7.3. Fire Prevention Duties.
a) Employees who are assigned full time to Fire Prevention duties shall receive a minimum of one
extra pay step above their regular base pay until relieved from the assignment.
b) An employee who has been assigned to Fire Prevention shall receive an additional two and one-
half percent (2-1/2%) supplement upon receipt of a Fire Prevention Certificate and shall continue to
receive such supplement until the Certificate expires, regardless of his/her 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 (2-1/2%) 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.
IAFF - 16
7.4. Support Services Duties.
a) Employees who are assigned full time to Support Services duties shall receive a minimum of one
extra pay step above their regular base pay until relieved from the assignment.
b) An employee who has been assigned to Support Services shall receive an additional two and
one-half percent (2-1/2%) supplement upon receipt of a Fire Training Certificate and shall continue to
receive such supplement until the Certificate expires, regardless of his/her divisional assignment.
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 (2-1/2%) 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 subsequently assigned back to
Support Services will receive the same amount of supplement as he/she was previously receiving.
e) One Certified Air Room Technician per 24-hour shift shall be assigned to the Support Services
Division. However, in the event of a determination by the air packs' regulatory body that fire fighter air
packs cannot be serviced by City personnel, then this operation would cease.
7.5. Work Out of Classification. When the City assigns a Fire Fighter I, 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. Any member of the bargaining unit required to perform work outside of his normal tour of
duty 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.
The Fire Chief will provide to the International Association of Fire Fighters, Local 1510 (IAFF) a report of
the overtime worked by the bargaining unit members. Such report will be furnished to the IAFF on a
quarterly basis.
IAFF - 17
7.7. Call-in Guarantee. A member of the bargaining unit who is called in to work outside of his normal
tour of duty will be guaranteed four (4) hours of pay to be computed at the rate of time -and -one-half,
except when contiguous to the employee's regular schedule. If an employee does not perform available
work as assigned, he shall not be entitled to any pay.
7.8. Holidays. Consistent with the City Commission's holiday resolution and current Department
practices, the holiday benefits presently enjoyed by the employees covered by this Agreement shall
continue for the term of this Agreement provided that the following exceptions apply to 24 hour shift
employees:
a) Effective October 1, 1986, all Alternate Holidays shall be eliminated; and
b) Effective January 1, 1987, two Floating Holidays shall be eliminated, provided, however,
that on January 1, 1988, one of the eliminated Floating Holidays will be reinstated.
7.9. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits presently enjoyed
by the employees covered by this Agreement shall continue for the term of this Agreement.
7.10. Neaotiation Pay. The Union's Negotiation Committee, said Committee to be composed of not more
than four (4) employees, of which not more than two (2) of whom are on the same tour of duty, shall be
allowed time off with pay to participate in any negotiations conducted pursuant to Chapter 447 of the
Florida Statutes 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 Maximum Payment on Termination. The present policy
concerning sick leave (including the policy for payment upon termination, retirement, or death), accrued
sick and vacation time combined, up to a maximum of one years salary, shall continue for all employees
hired before October 1, 1978.
Effective October 1, 1978, all new employees covered by this Agreement shall, under applicable
ordinances, rules and regulations, be allowed no accumulation of vacation leave, except in accordance
with provision for postponement of vacation leave as set forth in Article 7, 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 the pay period year when transferred; be permitted a
maximum payment at time of termination, death, or retirement of 360 hours vacation leave and one half of
sick leave to a maximum of 360 hours.
IAFF - 18
Section 7.12. Sick Leave Review Committee. Upon ratification of this Agreement, a Sick Leave Review
Committee shall be established. Two (2) members shall be appointed by the IAFF President and the
Human Resources Director shall be the third member. Such Committee shall meet every other month on
the first Monday of the meeting month.
The Committee shall review the sick leave usage of the department and shall make recommendations 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.
7.13. Hours of Work. The average workweek for twenty-four hour shift employees will be 48 hours.
7.14. 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 State 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 1, 1986, and
who retire on or after October 1, 1986, and non -bargaining unit employees who opt for the Firefighters
Plan and who retire on or after October 1, 1986, shall be covered by the Firefighters Plan to the extent
they choose to have medical benefits provided to them and their dependents during retirement.
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 financial report is to be presented to the City Manager
during the first week of July 1994, and each year thereafter. Such financial analysis will be the basis for
any negotiation for the City's contributions to the Firefighters Insurance Trust Fund.
d) The City shall be provided with a copy of the Firefighters Plan booklet and the Trust Agreement,
and any other information required by law and shall be apprised of any changes in the Trust Agreement
and/or Plan benefits.
IAFF - 19
7.15. 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.
7.16. 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) hours 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 shift, the minimum guarantee shall be two
(2) hours at the overtime rate.
7.17. On -Call. Employees who are placed in an on-call status as primary respondents for periods of one
month at a time will be paid a $100.00 bonus for each such month. This bonus will not be treated as a
wage payment for any purpose save federal taxes.
7.18. State Trainina Certificate. One employee on each operating shift will be given a $300.00 annual
bonus for holding and maintaining a State of Florida certificate as a trainer. This training certificate holder
bonus will not be treated as a wage payment for any purpose save federal taxes.
7.19. Pension Pick -Un. 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.
7.20. Rescue Out of Class (ROM. When the City temporarily assigns an employee covered by this
Agreement to work in Fire Rescue for more than one hour he/she shall receive an additional one dollar
($1.00) per hour for all hours during which the temporary assignment continues.
IAFF - 20
7.21. Pension. The pension benefits as they currently exist shall continue, except as follows:
a) Effective October 1, 1998, the pre -May 19, 1993 Supplemental Plan shall be amended to include
a Rule of 70 age and service option wherein employees whose age and length of service in years
combine to a sum equal to or greater than 70 will be eligible to retire and collect the pension to
which their length of service entitles them without any penalty. This provision is subject to the
following conditions:
1) The Board of Trustees of the Pension Fund for Firefighters and Police Officers in the City
of Miami Beach adopts a change in the Actuarial Asset Valuation Method wherein the
ratio of the Actuarial Asset Value is one -hundred percent (100%) of Market Value; and,
2) the resulting decrease in the City's contribution for 1998/99 is equal to or greater than the
actuarially determined cost for this benefit.
b) Effective on September 30, 2000, the Tier B Pension Plan shall be eliminated and those sworn
personnel covered under the Tier B Pension Plan shall be eligible for benefits as set forth in the
pre -May 19, 1993, Supplemental Plan. Current employees covered under the Tier B Pension
Plan shall be allowed to purchase their probationary time during the period of June 30, 2000
through September 30, 2000.
c) DEFERRED RETIREMENT OPTION PLAN (DROP)
1. Eligibility - Any active employee member of the Miami Beach Police and Firefighters
Pension Plan may enter into the DROP on the first day of any month following the date
upon which the employee first became eligible for a normal service retirement, subject to
the conditions expressed herein or as modified from time to time.
2. Conditions of Eligibility - Upon becoming eligible to participate in the DROP, an
employee may elect to enter that program for a period not to exceed 36 months.
Notwithstanding, participation may not continue beyond the date when the employee's
combined years of creditable service and time in the DROP equals 352 months (387
months for employees who were Plan members prior to July 1, 1976), except for those
persons entering the DROP under the window period set forth in Paragraph 11 below.
Provided also that participation in DROP shall require the employee to complete and
submit the following prior to start of DROP payments.
a) Such forms as may be required by the Pension Board of Trustee's Plan
Administrator. Election in the DROP is irrevocable once DROP payments begin.
IAFF - 21
b) A waiver and an irrevocable resignation from employment with the actual date of
termination being the date designated by the employee as the end of his/her
DROP participation. The administration and timing of execution and delivery of
the waiver and resignation forms shall meet the requirements of the Age
Discrimination in Employment Act and the Older Worker's Benefits Protection Act,
as same may be amended from time to time.
3. Conditions of Employment for DROP Participants - Employees shall be subject to
termination of employment while in DROP to the same extent as they were in their
pre -DROP status. A person who has elected the DROP remains an employee during the
DROP period and receives all the benefits of being an employee during the DROP period,
except any form of pension contribution.
4. Effect of DROP Participation
a) An employee's credited service and his/her accrued benefit under the Pension
Plan shall be determined on the date of his/her election to participate in the
DROP first becomes effective.
b) The employee shall not accrue any additional credited service while he/she is a
participant in the DROP, or after termination of participation in the DROP.
c) A DROP participant is not eligible for disability benefits from the Plan.
d) An employee may participate in the DROP only once.
e) Effective with the start date of an employee's DROP participation, contributions to
the Pension Plan by the employee and the normal cost contribution to the
Pension Plan by the City, on behalf of the employee, shall cease.
5. Payments to DROP Account - A DROP account shall be created for each member who
elects to participate in the DROP. A DROP account shall consist of amounts transferred
to the DROP from the Plan, which include the monthly retirement benefits, including any
future cost of living increases, that would have been payable had the member elected to
cease employment and receive a normal retirement benefit upon commencing
participation in the DROP, and earnings on those amounts.
6. DROP Account Earnings
a) A member's DROP account shall be credited or debited at a rate equal to the
actual net rate of investment return realized by the Pension Plan; provided,
however, no DROP account will be credited with earnings that exceed the return
that would be produced by the annual assumed earnings rate as established for
the Pension Plan. Any excess earnings shall be retained by the Pension Fund.
"Net investment return" for the purpose of this paragraph is the total return of the
assets in which the member's DROP account is invested by the Board of
Trustees net of brokerage commissions, investment management fees,
transaction costs, and DROP account administrations costs. The actual DROP
account administration costs shall be determined by the City's Internal Auditor in
consultation with the Board of Trustees.
IAFF - 22
b) A member's DROP account shall only be credited or debited with earnings while
the member is a participant in the DROP and, depending on the DROP Account
Payment Options selected, after the member dies, retires, or terminates
employment with the City of Miami Beach.
7. Payment of DROP Account Funds - Upon termination of a member's employment (for
any reason, whether by retirement, resignation, discharge, disability, or death), the
retirement benefits payable to the member or to the member's beneficiary shall be paid to
the member or beneficiary and shall no longer be paid to the member's DROP account.
No payments will be made from the DROP account until the member terminates
employment.
8. DROP Account Payment Options - Following the termination of a participant's
employment, the participant shall select one of the following options to begin to receive
payment from his/her DROP account. Said selection shall occur no later than 30 days
prior to the end of the DROP participation period or within 30 days following the
termination of a participant's employment if said termination of employment occurs prior to
the end of the DROP participation period:
a) Lump Sum - All accrued DROP benefits, plus interest, shall be paid from the
DROP in a single lump sum payment.
b) Partial Lump Sum - A member designated portion of accrued DROP benefits,
plus interest, shall be paid from the DROP in a partial lump sum payment with the
remainder being directly rolled over into an eligible retirement plan.
c) Direct Rollover - All accrued DROP benefits, plus interest, shall be paid from the
DROP directly to the custodian of an eligible retirement plan.
d) Other method(s) of payment that are in compliance with the Internal Revenue
Code and adopted by the Pension Board of Trustees.
9. Death of DROP Participant - If a DROP member dies before his/her account balances
are paid out in full, the participant member's designated beneficiary shall have the same
rights as the member to elect and receive the pay -out options set forth in Paragraph 8,
above. DROP payments to a beneficiary shall be in addition to any other retirement
benefits payable to the beneficiary.
10. Administration of DROP Accounts
a) The Pension Board of Trustees shall make such administrative rules as are
necessary for the efficient operation of DROP, but shall neither create any rule
that is inconsistent with the legislation creating the Drop, nor any rule that would
be a mandatory subject of collective bargaining.
b) At all times, the DROP will be administered so that the Plan remains qualified
under the Internal Revenue Code and is in compliance with the Internal Revenue
Code and applicable laws and regulations.
IAFF - 23
11. Eligibility Exceptions
a) A one-time "window period" shall occur for 45 days from the effective date of the
DROP.
b) During the window and subject to the other eligible conditions expressed herein,
employees with more than 315 months (350 months for employees who were
Plan members prior to July 1, 1976) of creditable service may elect to enter the
DROP for a term not to exceed 36 months.
c) Members with more than 315 months (350 months for employees who were Plan
members prior to July 1, 1976) of creditable service as of the effective date of
DROP who choose not to participate in DROP during this one-time window period
shall forfeit the right to exceed the total service limits set forth in paragraph 2
(Conditions of Eligibility) above.
12. If any provision of this DROP should be found invalid, unlawful, or not enforceable by
reason of any existing or subsequently enacted legislation, or by judicial authority, or by
an IRS regulation/ruling, the City and the Union agree to meet within 30 days of such
determination for the purpose of negotiating a resolution to the invalid provision(s).
The adoption and implementation of Section 7.21 is contingent upon the Police and Fire
Pension Board adopting the 100% "fresh start" provision referenced in Section 7.21 of the
1997/2000 collective bargaining agreement on or before September 2, 1998. It is the
intent of the parties that the Police and Fire Pension Board adopt the 100% "fresh start"
actuarial asset valuation method and that the Police and Fire Pension Board will not take
any action to reverse the adoption of the 100% "fresh start" actuarial asset valuation
method during the respective valuation period.
7.22. Fire/Rescue Recreation Fund. Unsolicited funds are received occasionally from citizens and
citizen groups for Fire Department personnel. These monies are used for the purchase of recreational
equipment and other similar activities.
Any disbursements of these funds will require two (2) signatures; the signature of the Fire Chief, and the
signature of an employee who is either elected by his/her fellow employees or who is appointed by the
Fire Union.
A posting will be made annually 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
IAFF - 24
existing fund balance shall 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.
Section 7.23. Voting Time. Given the availability of alternatives such as absentee ballots, the past
practice of allowing paid time off for voting shall be discontinued.
IAFF - 25
ARTICLE 8
JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
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 shall make inspections of Fire Department facilities on a semi-annual
basis or by special request.
c) The Committee shall keep minutes of each meeting.
d) The Committee shall 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 shall evaluate changes
in specifications for bids for protective clothing, equipment, tools, appliances, and apparatus, and shall
issue its recommendations in a report to the Fire Chief.
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.
IAFF - 26
Negligence will be determined by a majority vote of four (4) members of the Occupational Safety and
Health Committee and the Fire Chief. Two (2) of the Committee members shall be Union appointees and
two (2) shall be Management appointees.
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 the original
manufacturer, at a time to be determined by management, but on no longer than a bi-annual basis. A copy
of the test results will be supplied to the Safety and Health Committee.
8.4. 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) on
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 (SCBA).
8.6. Ball Caps. Bargaining unit members will be permitted to wear a standardized color ball cap to be
determined by the Fire Chief and the Union President when working out of doors when protective gear is
not required. Said cap will have only the City of Miami Beach Fire Department logo on it. The only
authorized cap as described above shall not have any other markings, pins, insignia, writing, etc., unless it
is approved by the Fire Chief. The Union will supply each bargaining unit member with a single cap, as
requested by the bargaining unit member.
Further, the Union in a spirit of cooperation will work with 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 shall lose the privilege of wearing the cap if said person violates this
policy again.
IAFF - 27
ARTICLE 9
LEAVE OF ABSENCE
9.1. Union Conventions. Consistent with the City's Personnel Rules, three (3) duly accredited delegates
of the Union may request a leave of absence with pay, not to exceed two (2) weeks, in any one year, for
the purpose of attending state and international conventions, said requests not to be unreasonably denied.
The Union will provide the City with the name(s) of the delegate(s) and provide the dates and locations of
any such conventions for which a leave of absence is requested.
9.2. Educational Leave and Tuition Refund. Subject to applicable Personnel Rules, an 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, grandparents,
grandchildren, current spouse's parents, brother, sister, current spouse, children, or stepchildren ) 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.
IAFF - 28
ARTICLE 10
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 bargaining unit members.
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.
IAFF - 29
ARTICLE 11
DRUG/ALCOHOL TESTING
Section 11.1. Selection. In an effort to identify and eliminate on -duty or off-duty controlled
substance/alcohol abuse, urinalysis/breathalyzer tests shall be administered as provided herein.
Employees shall be advised of their contractual rights relative to this Article any time a
urinalysis/breathalyzer alcohol test is required. Employees refusing to submit to a urinalysis/breathalyzer
test under the provisions set forth herein shall be dismissed.
a) Random Screening: Effective October 1, 1998, all employees shall be required to submit to
urinalysis once per calendar year. Employees shall be selected using a random selection process
agreed to by the Union and the City, and shall be tested during their normal tour of duty.
b) Reasonable Belief Screening: Employees may be tested under the following criteria:
1) When a Division Chief or above has reasonable belief based on objective factors that the
employee has possession of, or is using, dispensing, or selling any illegal drug or
controlled substance which is not prescribed by a licensed physician.
2) When a Division Chief or above has reasonable belief based on objective factors that the
employee is under the influence of alcohol on duty, or on an off-duty detail, or traveling to
or from same in a City vehicle, or while in a status where injury would be covered by
Workers' Compensation and/or I.S.C.
Section 11.2 Screenina.
a) Employees shall take a breathalyzer test in the case of suspected alcohol abuse, and/or give a
urine sample for suspected substances abuse, as determined by the City, at either a hospital or
an accredited testing lab, as chosen by the City. The hospital or accredited testing lab shall
include sufficient safeguards to ensure that a proper chain of custody is enforced. When a
sample is required to be submitted under any of the above circumstances, a portion of the first
sample shall be retained, and the employee may choose to submit a second, separate sample as
described in b) below. All positive tests for controlled substance(s) shall be confirmed by Gas
IAFF - 30
Chromatography Mass Spectrometry (GCMS) or equivalent testing method. Testing shall be
performed by an accredited, State licensed clinical lab.
b) Except in the case of alcohol testing, if the employee chooses to submit a second, separate
sample it shall be collected at either a hospital or accredited, State licensed clinical lab, chosen by
the City, within four (4) hours of the time the initial sample is submitted. If the employee declines
to submit a second, separate sample or is unable to submit a second, separate sample within the
four (4) hour time period, the retained portion of the initial test shall be used for any additional
confirming tests. Any additional confirmation testing shall only be conducted following a positive
result from the initial test, and shall be performed at a second, separate State licensed clinical lab
of the City's choice. All additional confirmation testing shall be by GCMS or equivalent testing
method.
c) For purposes of reasonable belief screening criteria under Section 11.1(b)(2), employees shall be
deemed alcohol impaired if their blood/alcohol level is measured at .04 or above.
The following concentrations shall be applicable for determining whether samples are positive for
the drugs or classes of drugs tested in the initial or additional confirmation process. A positive
result shall be a concentration in excess of those listed below:
Drua/Drug Class Initial Test Level Ina/m11
Total Cannabinoid Metabolites 40
Total Cocaine Metabolites 50
Opiates 1,000
Phencyclidine 25
Barbiturates 300
Benzodiazepines 300
Amphetamines 1,000
Methaqualone 750
d) Employees shall be notified of a positive test result within twelve (12) hours of the time a sample is
submitted. Such notice may be served either verbally to the employee or by a representative of
the Department delivering notice to the employee's last recorded residence shown on the
Department's personnel roster. The Union shall be advised of positive or negative test results to
the extent that the release of such information is consistent with Federal, State, or local laws
regarding the privacy of test results, unless the employee does not want the results released to
the Union.
IAFF - 31
e) Employees ordered back to duty for testing shall be compensated under Article 7, Section 7.7,
Call -In Guarantee.
f) Disputes regarding the consistent application of the reasonable belief criteria cited herein shall be
handled under Section 11.3, Expedited Arbitration. Employees shall comply with the order to
submit a sample and simultaneously file a protest with the communicator of the order.
g)
Employees who test positive for drug use and wish to attribute causation to a prescribed drug may
present evidence to the City Manager's designee and the laboratory's Medical Review Officer.
The decision of the Medical Review Officer will be conclusive.
h) Employees shall authorize release of drug/alcohol testing to the City.
Section 11.3. Expedited Arbitration.
a) Following ratification of this Agreement and prior to October 1, 1998, the President of the Union
and the Assistant City Manager for Labor Relations shall select two (2) permanent Arbitrators
certified by the American Arbitration Association (AAA) or other similar certifying agency, to hear
employee drug grievances. The Arbitrators will alternate, hearing only grievances where the
employee alleges a violation of Section 11.1b), paragraphs 1 or 2, and limited to whether or not
there was reasonable belief based on objective factors to require the grievant to submit to a
controlled substance/blood alcohol test.
b) Samples submitted under Reasonable Belief Screening criteria and grieved shall not be tested
until the Arbitrator has ruled affirmatively that there was reasonable belief to test the employee.
c) Any grievance must be in writing and submitted by fax or hard copy to the Division Chief or above
on the same day as the test or no later then the next weekday following the test.
d) Any costs associated with the Arbitrator's ruling shall be borne by the City if the Arbitrator rules
there was not reasonable belief to test the employee, and the sample(s) shall be properly
discarded. Costs associated with the Arbitrator's ruling shall be borne by the Union if the
Arbitrator rules that there was reasonable belief to test the employee, and the sample(s) shall be
tested as outlined in this Article.
IAFF - 32
e) An expedited hearing shall be held before the Arbitration using the American Arbitration
Association rules of expedited arbitration and no post hearing briefs shall be filed. The drug
grievance shall be submitted directly to arbitration and shall be heard at a mutually convenient
time after the employee was required to submit to the controlled substance/blood alcohol test.
The Arbitrator shall rule at the close of the hearing and an oral response from the Arbitrator shall
be sufficient to settle the grievance.
f) The Arbitrator shall serve from year to year and shall be appointed by letter, jointly signed by the
Union President and the Assistant City Manager for Labor Relations. Should the City and the
Union choose to remove an Arbitrator, the Arbitrator shall be notified and the parties shall agree
on a replacement. If they are unable to agree, each party shall put two (2) names into a hat and
the name drawn shall be the replacement for one (1) year.
Section 11.4. Rehabilitation. In the event that the results of the urinalysis/blood alcohol test are
positive, the following shall apply:
a) At the discretion of the Fire Chief, the employee may be immediately relieved of duty, however, he
shall first be allowed to utilize all of his accrued annual and sick leave, if appropriate, and then
shall be relieved without pay. The employee shall not be disciplined until a positive test result is
communicated to the City. However, if the employee's conduct in connection with the alleged
substance abuse amounts to conduct for which the City might otherwise discipline the employee,
the City may take disciplinary action prior to knowing of a positive test result.
b) The employee shall, at his own cost, within seventy-two (72) hours of a positive test notification
(excluding weekends and holidays) enter into a substance abuse treatment program approved by
the City and the Union and remain in the program until the employee has successfully completed
the program, including any required aftercare. If the employee fails to enter, participate in and/or
successfully complete any part of the rehabilitation program, including any aftercare, he shall be
terminated from his employment with the City.
c) Employees cleared to return to work by the Substance Abuse Program Administrator shall be
subject to random urinalysis/breathalyzer test(s) for a period of two (2) years. The City shall be
limited to six (6) random urinalysis/breathalyzer tests per twelve (12) month period, beginning
from the date the employee is cleared to return to work. Employees shall be entitled to one (1)
chance for rehabilitation during their employment with the City. Employees who test positive a
second time under the provisions outlined in Section 11.2 of this Article or this Section shall be
terminated from employment with the City.
IAFF - 33
ARTICLE 12
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.
IAFF - 34
ARTICLE 13
WAIVER AND ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the right and
opportunity to make demands and proposals with respect to any and all subjects not removed by law from
the area of collective bargaining and that the complete understanding and agreements arrived at by the
parties after exercise of that right and opportunity are set forth in this Agreement.
Therefore, the Union waives the right, during the term of this Agreement, to bargain collectively with
respect to any subject or matter referred to or covered by this 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 5 of this
Agreement, e.g., changing work hour schedule, transferring employees, laying off employees, etc.
The parties intend that this Agreement shall constitute the sole source of their rights and obligations from
and to each other for its term either by specific provision or by silence. If the Agreement does not prevent
it, the City may take any action (or fail to take any action) it desires and shall have no obligation to bargain
with the Union concerning the taking, or not, of the action; but may take unilateral action at the time it
desires. The Union does not waive, and shall retain its right, to bargain with the City over the impact of any
action taken by the City not set forth in this Agreement, but such impact bargaining shall not serve to delay
management's action until agreement or impasse is resolved concerning the impact at issue.
This Agreement may be amended by mutual agreement of the parties but any amendment must be in
writing and signed by duly authorized representatives of the parties before it will be effective.
IAFF - 35
ARTICLE 14
TERM OF AGREEMENT
This Agreement shall be effective as of its ratification by both parties, and shall remain in force and effect
until the 30th day of September, 2000. It shall be automatically renewed from year to year thereafter,
unless either party shall notify the other in writing at least sixty (60) days prior to the anniversary date that
it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later
than thirty (30) days prior to the anniversary date. This Agreement shall remain in full force and effect
during the period of negotiations, unless either party gives the other party at least ten (10) days written
notice of its desire to terminate this Agreement, provided that such notice may not be given earlier than
ten (10) days prior to the anniversary date.
IAFF - 36
EXECUTED by the parties hereto on the date first above written.
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS LOCAL 1510,
AFL -CIO -CLC
David Noel
IAFF President
Approved by Vote of the
City Commission on the 23rd
day of September 19 98
ATTEST:
)
I- s .1 1
City Clerk
Robert Parcher
RWB:Isg
a:IAFF/CONTRACT97\IAF97-20. FN L
CITY OF MIAMI BEACH, FLORIDA
By
IAFF - 37
Rodriguez
Manager
Mayor
Neisen Kasdin
APPROVED AS TO
FORM & EANGUAGE
& FOR EXECUTION
qty Attorne Date
ADDENDUM TO AGREEMENT
In the event that provisions of the Internal Revenue Code operate to limit the benefit amount of
employee coverage by the pension provision incorporated in this Agreement to an amount less than set
forth in the pension Plan then the City and the Union shall negotiate a method to compensate the affected
employee for the difference between the normal pension benefit and the limits allowed by the Internal
Revenue Code provided that no such resolution shall jeopardize the exempt status of the Plan under the
Internal Revenue Code.
IAFF - 38
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 or other designated educational institution for
acceptance into their paramedic program. The department will allow a minimum of nine (9) 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.
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 or other designated educational institution for acceptance into the next available
Paramedic Training Program.
IAFF - 39
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\ParaTrng.DM
Attachments (4) Entrance Requirement
Screening Criteria
Basic Skills Assessment Requirements for EMS Students
EMT/Paramedic Student Agreement
***********************************************************************************************
International Association of Firefighters, Miami Beach Fire Department
Local #1510, AFL - CIO - CLC
David Noel Luis Garcia
President Fire Chief
IAFF - 40
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 Program.
2. MAPS/CPT or equivalent scores, successful completion of remedial course work 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 support service (If applicable).
8. Current Student Health Record and Physical Examination.
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 Term
Winter Term
Spring/Summer Term
Note: Deadline dates that fall on a weekend will be extended to the next work day.
IAFF - 41
SCREENING CRITERIA:
Due to the special 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 ton 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.
PRIORITY #5
Evidence of other need for the course. Applicants possessing unique qualifications may submit a statement and
documentation describing their request for consideration.
IAFF - 42
* 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 EMT 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.
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, ACT 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.
IAFF - 43
REOUIRED:
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 / CPT TESTING:
1. Students who have earned an Associate Degree or higher from an accredited institution.
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.
SAT SATI
AREA ENHANCED ACT BEFORE MARCH 1994 AFTER MARCH 1994
Reading Reading 16 Verbal 340 Verbal 340
English English 16 TSWE 31 Verbal 340
Math Math 16 Math 400 Math 400
IAFF - 44
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.
IAFF - 45
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 College 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 Description (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
fulfillment of program competencies. This includes administering and enforcing all policies and
regulations outlined in 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 college, it's administrators, faculty and/or other agents acting on behalf
of the college, harmless and not responsible for any/or all injuries or illness which may result pursuant
to enrollment in this program.
IAFF - 46
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)
STUDENT SIGNATURE
ADDRESS
(Street) (City)
HOME PHONE
MDCC STUDENT NUMBER
DATE OF BIRTH
EMPLOYER
YOUR POSITION
FIRE DEPARTMENT SHIFT (IF APPLICABLE)
IN CASE OF AN EMERGENCY, CONTACT
PHONE NUMBER
(First) (Middle)
DATE
(Zip Code)
SOCIAL SECURITY NO.
BUSINESS PHONE
IAFF - 47
(A, B, or C)
1.
2.
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.
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.
Signature Date
Subject of Grievance/Appeal:
IAFF - 48
APPENDIX A
IAFF - 49
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