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Agreement with Fire .. 9 1. f AGREEMENT Between CITY OF MIAMI BEACH; FLORIDA and the -FIRE FIGHTERS OF MIAMI BEACH INTERNATIONAL ASSOCIATION. OF FIRE FIGHTERS LOCAL 1510 AFL- CIO -CLC Period Covered October* 1, 2009 through September 30, 20 1 2 - TABLE OF CONTENTS PAGE AGREEMENT .................................................................................... ............................... 1 ARTICLE 1 RECOGNITION 2 ARTICLE 2 DEDUCTION OF UNION DUES Section2.1 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 Election of Remedies ..:............... ............................... 5 Section 3.5 Binding Arbitration ................................... ............................... 6 Section 3.6 Authority of Arbitrator ............................... ............................... 6 Section 3.7 Expenses ................................................. ............................... 7 Section 3.8 Processing Grievance ................................ ............................... 7 Section 3.9 Suspensions, Reductions in Pay or Class, or Removal ................... 7 Section 3.10 Probationary Period ................:................. ............... ................. 7 Section 3.11 Union Grievance Committee ...................... ............................... 8 Section 3.12 Waiver of Time Limitations ......................... ............................... 8 ARTICLE 4 NO STRIKE AND NO LOCKOUT Section4.1 No Strike .................................. ............... ............................... 9 Section 4.2 No Lockout :............................................. ............:.................. 9 ARTICLE 5 MANAGEMENT RIGHTS ............................................................... 10 ARTICLE 6 GENERAL PROVISIONS Section 6.1 No Discrimination .............. ............................... 1 1 Section 6.2 Union Activity .......................................... ............................... 11 Section 6.3 Seniority List ........................................... ............................... 1 1 Section 6.4 Relief at Fire ........................................... ............................... 1 1 Section 6.5 Exchange of Time ... ............................. ............................... 11 Section 6.6 Protection of City Property and Equipment . ............................... 1 1 Section6.7 Uniforms ....................................................... I....................... 12 Section 6.8. Meetings between Parties ........................ ............................... 12 Section6.9 Time Bank ............................................. .............................12 Section 6.10 Line of Duty Injuries ................................. ............................... 13 Section 6.11 Change in Shifts ................................. .... .....:......................... 13 Section 6.12 Fire and Rescue Off Duty Services ....... ............................... 13 Section 6.13 Promotional Examinations & Appointments ............................... 14 Section 6.14 Light Duty Assignments ............................ ............................... 20 Section 6.15 Injury Service Connected ........................................................ 21 Section6.16 Jury Duty ................................................ ............................... 22 Section 6.17 Reduction in Work Force ......................... ............................... 22 Section 6.18 Infectious Disease Presumption ................. ............................... 22 Section 6.19 Seniority Bid System ................................ ............................... 23 S Section 6.20 Minimum - Staffing ........` .... ................... ... ... .... ....... 23 Section 6.21 Implementation Reorganization.: .... . ............... 23 ARTICLE 7 WAGES AND FRINGE BENEFITS Section 7.1 Wage Increases ......::..... ...... . ................ 24 Section 7.2 Suppression Division ........................... ..........._ .... ... .24 Section 7:3 Assignment Pay : ...................... ....`.... ....... ....... 25 Section 7.4 Paramedic and EMT Pay ........ ........... ....... .............. : 25 Section 7.5 Certification Pay ..:................ ........ ....... ........ 25 Section 7.6 Paramedic Training..................... .......... ........... ... .26 Section 7.7 Fire Inspector Training .... ...... .... ................ ..... 27 Section 7.8 Work Out of Classification.... .. ...... .. ...... ...... ........ 27 Section 7.9 Overtime ....... ..................... .................... ....... 28 Section 7.10 Call .in Guarantee...... ......... ................. 2.8 Section 7.1 1 Holidays............ ................. ...... 2$ Section 7.12 Vacation Benefit........... .... :.. 30 ` Section 7.13. Negotiation Pay ........... ... ............ .......... ........ 30 Section 7.14 - Sick and Vacation Leave Accrual and Maximum Payment upon....30 Termination Section 7.1 Hours of Work ......................... ...... , .: ......... 3 Section 7.16 Insurance ..... ..... . , .... 31 Section 7. 17 ' .'Recertification ..... ................... ............... .. ........... 36 - Section 7.18 Court Time ...:. ;........... .. .................... ....... .... 37 - Section 7.19 On Call .........................._ ........... ....... � - .. ................ 37 Section 7:20 Shift Training Coordinator....... .. .......... .... _ .................:... 37 Section,7.2 „ Pension pick-up ................. ..... ...... .., ............... 37 Section 7.22 Rescue Out of Class (ROC) ................ .... ..... .............. Section 7.23 Pension.......... Section 7.24 Buy Back .of. Probationary.Time ...........:.... . . . ... 44 Section 7.25 Fire /Rescue Recreation Fund . .......... .... ....................... 44 Section 7:26 Voting Time ........._ ................... .............................. :.45. Section 7 .27 Commission on Fire Accreditation International Pay Supplement ... 45 Section 7.28 Compensation Plan ............ .................. ............ .....45 i . Section 7.29 Shift Fire Investigator .. ............................ ... ..........._......46 ARTICLE 8, JOINT OCCUPATIONAL SAFETY AND'HEALTH Section 8.1 Committee Make -up and.Responsibilit ... ...... . ............... ......... 47 Section 8.2 Personal Equipment.....'..... ........ ....... Secfion .8.3 Ladder Testing.......... .............. ........ ............. 48 Section 8.4 Air Quality Evaluations Section 8.5 SCBA Repair. ....... ................. .. ....... , ...........:.. 48 ARTICLE 9 LEAVE- 0F ABSENCE Section 9.1 Educational Leave and Tuition Refund .... ............................... 49 Section 9.2 Bereavement ........................ ......... ............................ 49 ARTICLE 10 TRANSFER OF SERVICES Section 10.1 Notice: ... ....... .... ............................ „ ..............: 50 Section 10.2 Discussions ... 50 .................... S ARTICLE 1 1 DRUG/ALCOHOL TESTING Section11.1 _ Selection .................................................. .............................51 Section 11 .2 Screening .................. .......................... ............................... 52 Section 11 .3 Expedited Arbitration .............. .... ....... ............................... 54 Section 1 1 .4 Rehabilitation ............ .......................... ............................... 55 ARTICLE 12 SAVINGS .................... ........................... .. ............................... 56 ARTICLE 13 WAIVER AND ENTIRE AGREEMENT .............................................. 57 ARTICLE 14 TERM OF AGREEMENT.. .................. ........... ............................... 58 EXECUTION ................ ........................................ ............................... ..............:...... 59 ELECTION OF REMEDY FORM .................. ............................... .... ............................... 60 HEARING EXAMINER RULES ......... ............................... .............. ............................... 61 COMPENSATIONPLAN .................................................................... .............................64 S, tidy AGREEMENT THIS AGREEMENT, made and entered into this day of. 2010 by and between the CITY MIAMI BEACH, FLORIDA'�(herein called the " City" ), and the FIREFIGHTERS OF MIAMI BEACH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,: LOCAL 1510, AFL - CIO -CLC (herein called the "Union SCOPE .. It - is the, intention of this Agreement to provide jor sala ries,' fringe benefits, and other terms and : conditions of employment. It is further the intention this Agreement -to prevent interruption of work a nd interference with the efficient operation of the City.and to provide-for an orderly, prom pt. and just manner in handling grievances. Within the.conte)d of this Agreement, the use of masculine- gender terms shall be considered gender- neutr.al.and are freely interchangeable with the corresponding female - gender terms: 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 for the following classifications in the Fire Department: Fire Fighter I 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, Battalion Chief and any other classifications established by the Cit are excluded. IAFF - 2 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 Un.'ion in 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. In January of each year of this Agreement, the Union will remit to the City .$400.00 as an admi nistrative 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. f . IAFF - 3 ARTICLE 3 GRIEVANCE PROCEDURE 3.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the interpretation or application of the express terms of this Agreement, excluding matters not covered by this Agreement; or where Personnel Board rules and regulations are involved; provided that disciplinary actions, including discharges, may be grieved under this Article, as provided herein. See Section 3.4 (Election of Remedies) for procedures to be utilized in particular circumstances. No .grievance shall be entertained or processed unless it is submitted within fifteen (1 5) weekdays (excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the first event giving rise to the grievance or within fifteen (15) weekdays after the employee, through use of _ reasonable diligence, should have obtained knowledge of the occurrence of the first 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 /her 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 IAFF - 4 within six (6) weekdays after City's answer in Step 1 The Election of Remedy. Form shall be completed. and - signed by the 1AFF 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 /her designee for Labor Relations within six (6) after the City's answer in . Step 2. A meeting between the, City Manager, or his /her designee for Labor Relations, and the Union Grievance Committee shall be held-within fifteen (15) weekdays. The City.Manager, or his /her designee for Labor Relations, shall give the City's written answer to the. ,Union Grievance Committee within ten (10) weekdays following the meeting. Any- untimely.filing of a grievance at any step will'be considered withdrawn. Upon mutual agreement of the parties, grievances may be consolidated or grouped, and may also be commenced at Step 3 of the procedure. _ Section 3.4. Election of Remedies. Disciplinary actions may be grieved (1 } under. the grievance /arbitration provisions contained in this Article or (2) as set forth in Article 3.9 to a Hearing Examiner, who shall .be selected, by utilizing the procedures outlined in Section 3.5 of this Article: A grievance involving the interpretation or application of.this Agreement may be grieved solely under the grievance /arbitration provisions - contained in this Article. Grievances regarding certain non' disciplinary matters, such as disagreements as to the waiving or application of changes to personnel: IAFF 5 rules or other work rules or policies may be filed by the bargaining agent via the Personnel Board procedures. The decision of the Hearing Examiner shall be final and binding. The cost of a .Hearing Examiner shall be borne by the City. Any proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing Examiner Rules. 3.5. Binding Arbitration. If the grievance involves a difference of opinion with respect to the interpretation or application of the express terms of this Agreement and 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 /her 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. 3.6. Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only 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 /her 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 /her interpretation of the meaning or application of the IAFF - 6 . M' 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. 3.7. 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: h 3.8.- 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 Stepl, 2, or 3 during their working hours, shall not result in loss of earnings or benefits. 3.9. Suspensions, Reductions 'in Pay, or Class, or Removal. Any dispute concerning an employee who has completed his /her probationary period, and who is suspended., reduced in pay, or classification, ,or removed, shall be processed through the Hearing Examiner 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 pro. cedure, it shall commence at'Step 3. 3.1.0 Probationary Period. Nothing herein shall in any way affect the discretion presently accorded the Fite - 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 that.the exercise of the fire Chief's discretion in this regard shall not in any way -be subject to the grievance procedure set forth herein. IAFF - 7 3.1 1 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's-designee for Labor Relations 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 t 3.12 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 - 8 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 employees) 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. e4.20 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 - 9 . � _ q 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 a 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. f IAFF - 10 ARTICLE 6 GENERAL PROVISIONS - . 6.1. No Discrimination. In accordance with applicable federal, state, and local law, the City and the Union agree not to discriminate against any employee on the basis of any protected classification. 6.2.:Uhion 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 non - membership.. I is understood that the Union specifically retains. any rights it has arising out of Chapter 447, Florida Statutes, with regard to its representational activities. 603. Seniority, List. The City shall, on March 1 of each. year, prepare a seniority Fist 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. Exchancie of Time. The Fire Chief, or designee may grant 'a "request of any, two (2) employees to exchange shifts the City will not incur any overtime.costs as a result thereof. Protection of City Pro a and Equipment. It shall be the re s p onsibility . of an . 6.6. � � � p � 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. IAFF - 1 1 f ' 9 1 6.7. Uniforms. The City agrees to provide the following uniforms annually at its expense for the employees covered by this Agreement: For Combat Division: one dress uniform; three (3) sets of work uniforms; one (1) pair of footwear (dress shoes, or boots; employee's choice); two (2) jumpsuits; one (1) work belt; four (4) t sh irts For Rescue Division: one dress uniform; three jumpsuits; two sets of work uniforms; one (1) pair of footwear (dress shoes, boots; employee's choice); one (1) work belt; four (4) t- shirts. For both divisions: every three years the city shall provide jacket. The City shall supply one (1) radio holster per radio and shall replace on an as needed basis. All employees working on day shift shall receive a combination of uniforms as selected by the employee not to exceed the value provided to that of a Rescue Division employee. All uniformed employees covered by this agreement shall receive $50.00 per month for uniform cleaning and maintenance. 6.8. Meetings between Parties. At the reasonable request of either party, the Union President, or his /her representative, and the City Manager, or his /her designee for Labor Relations, shall meet at a mutually agreed -to time and place to discuss matters of mutual concern. 6.9. Union Time Blank. The IAFF and its designees or other members of the Executive board as determined by the President, shall have the right to conduct union business (under the conditions described in this Section), through the use of a time bank. For each fiscal year, the union time bank shall be 500 hours with the Union President detached. If the Union President elects "not to be full time detached then the Union time bank will be 2,996 hours total, covering the contract period October 1, through September 30. On an annual basis at the time of bid, the Union President shall make an election to either (1) be detached full time assigned to Support Services Division; or (2) not to be detached and to bid an assignment according to seniority. Effective June 1, 2012, the union president shall not be counted against minimum staffing for staffing purposes. In addition, for promotional purposes the Union IAFF - 12 President shall - not be counted against the Table of Organization. Unused time bank hours - (not more than a maximum of 500..hours) one contract year shall rollover to the next contract year. - Use of the time.bank "shall be limited to the IAFF Executive Board (any exceptions to this may be granted by the Fire Chief or his /her desig nee "provided that the request shall not be unreasonably denied). No more than two (2) employees pe'r'shift may be granted union time bank leave at.any one time. The - President of the IAFF shall provide a minimum of twenty -fou,r (24)" hours notice to the Fire Chief for any leave to be granted. Time for attendance at negotiations. for a successor agreement is addressed in Article 7. l 0 of this Agreement. In additions administrative time which has_ been provided in the past (as determined b the Fire'Chief), to the President, members of the Executive Board or other IAFF members, shall be provided for attendance at two (2) mutually agreed upon conferences each year of this agreement and such events shall not be included in the union leave time time bank. All other union convention other than these two conferences shall be part of the union time bank." 6.100 Line of Duff/ Iniuries. 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 currently in effect -` as set forth in Section 6.15 of this 'agreement shall be continued. . 6.11. Change in Shifts. The City agrees to give employees covered by this Agreement 'notice prior to' any change -in - shifts, such notice to be at : least - seven (7) days " prior. to, the change unless ; circumstances do not permit.' 6.12. Fire and Rescue Off Duty Services. It is recognized th "at members of "th 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 ot.d'uniform hourly'rate esfablishe'd by the Fire Chief -in consultation with the President of the.Union. The parties recognize an 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 end 1AFF- 13 f P H 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. Pay for off -duty services is pensionable subject to the cap provisions'set forth in Section 7.23. Off -duty hours worked do not count as hours worked for purposes of computing overtime. 6.13. Promotional Examinations and Appointments. A. Upon ratification, all current and future promotional lists for Fire Captain and Fire Lieutenant shall remain active for a period of three (3) years from the effective date of each list. Promotional examinations for the position of Fire Captain, and Fire Lieutenant will be given at least once every three (3) years in such fashion as to provide continuously active promotional lists. The City agrees to begin the process no later than nine (9) months prior to expiration of the lists. In the event that a promotional examination is delayed, the eligible candidates for that examination shall be those t candidates who would have been eligible had the examination been administered in proper sequence. The .promotional list developed from a delayed promotional examination shall -be retroactive to the date of the expiration of the previous promotional list and shall expire three (3) years from the retroactive effective date. B. In the absence of an active promotional list, if there is a budgeted promotional vacancy that the City intends to fill, the. City will temporarily fill the budgeted vacancy through temporary assignments. Personnel used to fill budgeted vacancies through temporary appointments shall be selected from the expired promotional list, shall be assigned for a period not to exceed ninety (90) days, and shall receive all appropriate wages and benefits afforded the position for the duration of their temporary assignment. Except in cases of exigent circumstances (i.e. hurricanes or other acts of God and delay of process by parties), where it is clear that through no fault of its own the City fails to provide a promotional examination and eligibility list at the time of expiration of the prior list, any promotional appointments to vacancies created during the period when no eligibility list existed shall be retroactive back to the date of the vacancy.. The City shall provide retroactive compensation and seniority to those individuals who are so appointed. However, in IAFF - 14 cases where a vacancy occurs and the current eligibility_ list has been exhausted with no eligible candidates remaining to be appointed to a vacancy, the promotion, compensation and seniority of an eligible candidate off the new promotional list shall be retroactive back to the first d "ay ;following the expiration of the previous list, subject to the conditions above. C. A list of authoritative sources from which technical knowledge for the behavioral assessment component and the written test questions will be compiled' by a Book Committee consisting of the Human Resources Director Fire Chief, the Union President. and the test developer or their designees, along with two incumbents, one designated by the Fire Chief and one designated by the union president. Without exception, no member of the Book Committee shall be a candidate for promotional examination for which the list is compiled. These committee members will be responsible for the authoritative sources for Fire Lieutenant and Fire Captain promotional. processes. It is the intent of the City and Union that all sections of the promotional processes will be complete with standing lists ready to post upon expi ration of the" current - three (3) year lists. At least ninety (90) days prior to the scheduled date of the written promotional examination; a.final notice will be posted containing a list of authoritative sources from which the:technical knowledge, for the behavioral assessment component and the written test questions will be drawn. The. technical knowledge for the behavioral assessment component shall be based on writtenstandard operating rocedures SOP /standard operating guidelines SOG that are job related and rank P gP ( ) p 99 ( ) specific selected by the established Book Committee and /or agreed upon authoritative .sources. D. Candidates meeting the time in grade service requirements on the date the register expires are eligible to apply to take the promotional examination for their next higher ra "nk. All Fire Fighter I's who on the date the register expires have four (4) years of seniority from their date of appointment Fire Fighter 1, are State certified paramedics, and have performance evaluations of satisfactory or above for the preceding twenty -four (24) month period shall be eligible to take the Fire Lieutenant test. All Fire Lieutenants (and Fire Fighter.lis for next promotional "testing period ..only) who on the. date the register expires have two (2) years regular status from their date of appointment as Fire Lieutenant (or Fire Fighter II for.the next promotional, testing period only) and IAFF - 15 have performance evaluations of satisfactory or above for the preceding twenty- -four (24) month period shall be eligible to take the Fire Captain's test. For the Fire Captain promotional process, an Associate's degree or equivalent in Fire Science, Fire /Business /Public Administration, or a closely related area from an accredited college or university may substitute for one (1) year of experience (five (5) semester credits equals one (1) month experience). Coursework meeting the State Fire Marshall's requirements for the "Firefighter Supplemental Compensation Program" (Florida Statutes 633.382) will be acceptable. All applicants must have a valid Florida driver's license. Applicants must, in all cases, apply on or before the application cutoff date and time in accordance with Personnel Rules. E. There shall be at least two (2) post -test review /scoring sessions conducted on separate days and occurring within fourteen (14) calendar days of the administration of the written examination. Each examinee, will review their results when off duty, and will be able to review a copy of his own sheet and the scoring key (for use only during the review session) containing the correct response, the name of the reading source and the location from which each test question was drawn. Challenges will be written and submitted to the test developer during the post -test review sessions. The test developer, the City's Manager's designee for Human Resources and the Union President or his designee shall conclusively decide all challenges by a majority,vote. Upon completion of the determination of a score for the behavioral assessment component of .the examination, each examinee shall be furnished with their result. Each examinee may review his behavioral assessment component of the examination at a post -test review session for a time period of twice the duration of the behavioral assessment component of the examination. Each examinee will review their results when off duty. Challenges regarding the behavioral assessment component must be made in writing and submitted to the test developer either during the post -test .review session, or at an optional challenge session scheduled within ninety -six (96) hours of the post -test review session. There will be no review of the behavioral assessment component during the optional. challenge session. However, an applicant can review their individual behavioral assessment component during the post -test review and submit challenges during the optional IAFF - 16 session. Applicants may not take any written notes or test materials from the posttest review. The test developer, the City's Manager's designee for Human 'Resources and the Union President or his ` designee shall conclusively decide all challenges by a majority vote. For each examinee who submitted a challenge, each examinee's own challenge and response will be available no later than eight (8) weeks after the date of the optional challenge. session. F. For written promotional examinations for Fire Lieutenant and Fire Captain, the raw passing score will,, be seventy, percent (70 %) after all, challenges have been: resolved 'by` the test, cleveloper. Assessment components will be used for promotion's to fire Lieutenantand Fire Captain, ..After consultation with the Union President, the City will select, an independent, qualified service provider to furnish and administer validated behavioral assessment components that are mutually. agreeable to the parties. The \ City will offer behavioral assessment component preparation orientation, and overview to all qualified applicants.' The written examination given for Fire Lieutenant and Fire Captain will constitute ' fifty percent (50 %) and the behavioral assessment components will constitute fifty.percent (50 %) of the'examinee's combined'score: Promotional test results will be expressed as percentage points..For. Fire Lieutenant and Fire. Captain promotional processes, seniority and' education percentage 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. Veterans'- Preference points will be after the addition of seniori and education added ( t ion percentages accordance'with state _ law). ; Fire Lieutenant /'Fire Captain: (Written Examination Raw Score :* 0:50') + ( Behavioral Assessment Component Score * 0.50 +. Education points + Seniority points + Veterans Preference Points =Final Score For example: a candidate achieved'a 76% score on the written examination' achieved a 68% score on the behavioral assessment component :achieved th e, maximum points in ,both the IAFF.- 17 K 0 education and seniority areas, and had no Veterans' Preference points. The calculation of the candidates' score would be as follows: (76 *0.5) +(68 *0.50) +3.6 +2.4 +0 =78.0 PROMOTIONAL CREDIT Promotional credit shall be limited to a maximum value of six (6) points, divided between two (2) components - seniority and education. Seniori Seniority shall ,be determined usingithe following formula: Lieutenant: LS X 0.3,6 = S Captain: LS X 0.24.= S LS shall be defined as length of service with the Miami Beach Fire Department. S shall be defined as Seniority and, shall be ,given a maximum value of 3.6 points. Education Education shall be determined using the following formula: College credit hours non- related (CCNR) x .01 = (max 1.2) College credit, hours related (CCR) x .02 = (max 1.2) Associate degree in EMS or FS @ 1.2 (max •1 .2) Associate degree in EMS or FS plus additional CCNR or, CCR (max 2:4) Bachelor degree in EMS or FS @ 2.4 (max 2.4) Paramedic Certification @ .84 (max .84) The paramedic certification will not be counted as either technical training hours or college credit hours and will be assigned a value of-.84 percentage points. College credit hours non - related (CCNR) shall be, credit hours documented by transcript or other acceptable evidence,.from an accredited college or university not related to the degree track for a degree in Fire Science (FS) or Emergency Medical Services (EMS) as designated from an accredited college or university. College credit hours related, ,(CCR) shall be credit hours documented by transcript or other acceptable evidence froman accredited college or university in the•degree track for that college or university's Fire Science IAFF - 18 excluding credits earned as part of the (FS)_ or Emergency Medical Services (EMS) degree program paramedic program. College credit .hour values are based on semester hours and will be pro =rated for other systems (trimesters, quarters, etc.) Associate degree in Fire Science or. Emergency Medical Services (EMS) shall -be a degree received from a accredited college or university with supporting - transcript or other acceptable evidence. Bachelor degree in Fire Science (FS) or Emergency Medical .Services. (EMS) shall' be a degree received from an accredited college or university with supporting transcript or other acceptable evidence. Only. one degree, either associate's or bachelor's, shall count toward educational credit, however, additional credit hours may be added to the associate degree up�to the maximum allowed value, with. related and non - related definition as set forth above. In .order to accurately reflect promotional points for all documents submitted, the City will .assign mandatory individual appointments for each promotional applicant for document submission and review. The deadline - for submission for all documents required to substantiate. the educational promotional credit will be 5:00 p.m.- fourteen (14) calendar days after the pass /fail notification is.. provided -by Human Resources to Fire Administration. All applicants must be present during the entire document review process to confirm documents and answer questions. Applicants must submit the Promotiona Credit Formula (above) for each document that they would likeconsidered. Stapled.to the` back of each Promotional Credit Formula must be an original or certified copy of each document the candidate would Like considered. Each attachment must indicate the number of college credits the course is worth. The applicant may verify hours by a) indication-on a certified transcript, b) indication on the certified copy of the certificate or c)`an official letter from the institution stating the hours. If the hours are not indicated in one of these . ways, the certificate will not be included for any point' calculation. All documents must also include the course title; and the date the course was completed. Credit hours, may not be counted twice. Therefore, classes that were counted towards a degree may not be used again as eitherjechnical or college credit hours. IAF F - 19 _ u ,A .promotional list for each promotional process will then be created listing examinees in descending, numerical order of final score including any education, seniority or Veterans' Preference calculations. ,The Fire Chief will appoint from these promotional lists. Skip -overs may result from an examinee being rated unsatisfactory in two (2) or more evaluation within the last twenty -four (24) months; being issued three (3) or more written reprimands /suspensions within the last twenty- four 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 examinee's documented performance and /or discipline history are not significantly inferior to that of the next ranking candidate. The IAFF shall facilitate participation of bargaining unit employees in providing information in order to conduct the job analyses and develop the tests within the time frames requested by the process; provided.that such participation shall be on duty time. The parties agree to review the formula for promotional credit and to implement such revisions as the parties may agree upon in writing. 6.14. Light Duty Assignments. If an employee is temporarily unable to perform the essential functions of the employee's job classification 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 in writing of any light duty assignments and the physical capabilities required for their performance. The employee shall present this light duty assignment information to his /her treating physician and obtain, at his /her expense, a written evaluation of his /her capacity to perform the functions of the assignment. The medical evaluation must be insufficient detail to satisfy the Chief. The Chief reserves IAFF - 20 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. Injury Service Connected (ISC). For two (2) sixteen (16) week'periods, 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 Fire Fighter functions within the City limits of Miami Beach while off duty; or while workinga departmentally sanctioned off -duty job; or c) while exercising Fire Fighter functions when there is a physical danger to a person and the employee takes reasonable action off .duty in Miami Dade County, Monroe 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 by the City; or while on a reasonably directaravel 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 City Manager's designee for, Risk Management. "In the circumstances described above (sub - paragraphs a through e), 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 IAFF President, the City Manager, at his /her sole . discretion, may extend the above described" ISC 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. The Union and the City agree to meet to discuss .options 21 fAFF and alternatives to the current ISC practices to cure abuses (if found, and ensure streamlined and efficient provision, administration, and use of ISC. 6.16. Jury D_ uty. 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. If the employee is released from jury duty before 5:00 , p.m., he /she is required to return to his /her regularly scheduled shift. 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. 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 competent evidence. The City will maintain a confidential list of employees who have taken the required medical examinations. Employees will be added to the City's confidential list subject to the following conditions:. a. New hires shall acquire the presumption entitlement after completing a pre - employment or post conditional offer of employment medical exam that tests for and fails to reveal any evidence of AIDS, Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis. IAFF - 22 - employment or post -offer testing related to presumptions b. Employees who refuse to take the pre r mentioned in this Section shall not be eligible-for the presumptions. 6.19. Seniority id System. It is. understood by the parties that the current system in. effect at the ratification of this agreement shall remain in effect. Any change to the bid system will be agreed upon through the Labor Management process. 6.20. Minimum Staffing. It is agreed that the staffing of the Department shall be in accordance 4 with the minimum staffing ordinance of the City which may be amended from time to time in the.City's discretion, subject to the Union's right to request impact bargaining as provided under Article 13 of this agreement. t� 6.21. Implementation of Reorganization After .Lune 1, 201 1, any Fire Fighter, li vacancies will be filled with a ,Fire Fighter I who is Driver Engineer qualified'pursuant'to criteria established in S ection 7:7 Effective on September'30,_,2012, all Fire Fighter II's shall become Fire Lieutenants (any existing Fire Fighter Il who declines the promotion to Fire Lieutenant shall remain as afire Fighter 11 until they attrition out /separate from service with the City). All Fire Lieutenants as of September 30, 2012 shall become Fire Captains (any existing Fire Lieutenants who decline the promotion to Fire Captain shall remain as a Fire Lieutenant until they attrition out /separate from service with the City): Existing Fire Captains shall remain in "their current classification. IAFF - 23 x ARTICLE 7 WAGES AND FRINGE. BENEFITS 7.1. Wage Increases. a. Effective with the first pay period ending in October of 2009, there shall be no across -the- board wage increase. b. Effective with the first pay period ending in October of 2010, there shall be no across -the- board wage increase. C. Effective with the first pay period ending in October of 2011, there shall be no across -the- board`wage increase. Effective with the first full pay period ending in April 2012, . there shall f be an across- the -board wage increase of three percent (3 %). 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. t e. Effective July 1, 2010, or upon ratification of this agreement, whatever is later, all bargaining unit employees shall contribute five percent (5 %) of their gross compensation to offset the City's contributions to the Health Trust. This five percent (5 %) contribution shall discontinue after eighteen (18) months. 7.2 Suppression Division. One Firefighter II, also certified as an Air Room Technician, per shift (for a total of three employees), shall be assigned to the Suppression Division. The three (3) employees assigned as the Air Room Technician shall receive 2.5% Air Room Technician incentive pay. Effective on or after February 1, 2012, with the bid change, in addition to the Fire Fighter I (DE) regularly assigned driver to Station 2, there shall be one additional Firefighter I (DE) certified as an air room technician assigned to Station 2 per twenty four hour shift, for a total of three employees. Each one of the three (3) twenty four hour (24)shift employees shall be assigned to the Support Services Division (1240), and also be entitled to the five percent (5 %) driver /engineer incentive pay. IAFF - 24 7.3 Assignment Pay. Any employee assigned outside of 1210 (Suppression Division) will receive 10% assignment pay. The only exception to this will. be twenty four hour (24 hour) shift officers (i.e., Lieutenants and. Captains) assigned to the Rescue Division (1220), who shall receive five percent, (5 %) assignment pay effective September 30, 2012. 7.4 Paramedic and EMIT Pay. Employees who hold a Paramedic certificate shall receive,o"ten p ercent 10% s u p plement calculated. on their base a Em to ees who hold an EMT . P ( ) pp pay. P Y . certification *shall receive a one and one half percent '(1.5 %) supplement calculated on their base a Em ployees shall, not receive , s u p plements, for both EMT and .'Paramedic p Y� p Y PP *, certifications. 7.5 Certification Pay. In addition to "assignment pay ", stated in section 7: and, a stated in section 7.4, the following divisions'will a certification PY g pay pay A) Fire Prevention Division: 1) Employees shall receive'an additional five percent (5 %) supplement upon receipt of a State Fire Inspector Certificate and shall - continue to receive such supplement until the Certificate expires, regardless of his /her divisional assignments. Employees shall, 1 remain solely responsible for maintaining a : State.Fire Inspector Certificate, unless assigned to the Division. Such costs :involved in maintaining a State Fire Inspector Certifica shall remain the responsibility of the employee. 2) In order to bid into the Fire 'Prevention Bureau, employee must possess a current state Fire Inspector certification. B) Support Services Division: Employees shall receive an additionak\ o and one -half percent (2'/2 %) supplement upon recei of a State fire Instructor Certificate and shall continue to receive such supplement until the Certificate expires, regardless of his /her divisional assignment. Employees shalt remain solely responsible for obtaining and maintaining a State' Fire Instructor Certificate, unless assigned to the Division. -.Such costs involved in IAFF - 25 obtaining and /or maintaining a State Fire Instructor Certificate shall remain responsibility of the employee. j 7.6 Paramedic Training. For the purpose of this program, the focus will be 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 College or, other designated educational institution for acceptance into their paramedic program. The department will allow a minimum of two (2) . 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 1 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. y 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. i 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 IAFF - 26 M,Iiami -Dade College or other- designated educational institution for acceptance into the next available Paramedic Training Program. While attending paramedic school, bargaining unit personnel will fiot be permanently assigned to any division that would require payment above base salary. : For example,, personnel will not be permanently assigned to the Fire Rescue Division, Fire Prevention Division, or the Support Services : Division. However; they may be assigned temporarily as the . need arises. 7.7 Driver incentive Pav: (a) Effective on June 1, 20 1.1, there shall be a Driver Engineer (DE) incentive pay established. - In order to be eligible for the Driver Engineer incentive. pay, a Fire Fighter I shall successfully. complete Fire Apparatus /Equipment and Fire Hydraulics /.Equipment courses or - similar curriculum. Those Fire fighter ( employees who meet these qualifications and are assigned to the .Suppression Division (1 - 210) 'as a Driver Engineer who bid .,into" the Driver .Engi -neer assignment pursuant "to the annual bid process shall receive a 'five percent (5 %) 'D river Engineer incentive pay. .(b) Effective September 30, 2012, any Fire fighter. I assigned to the Rescue Division (1220) hall receive a three percent (3 %) driver incentive pay. 7.8 Work Out of Classification. When the City assigns a fire Fighter 1, Fire Fighter -11, Lieutenant, or Captain to work in a higher position for more than one hour, he /she shall receive an increase of dollars ($2.00) per hour for all hours during which'the assignment continues on that shift. . After the implementation set'forth in section 6.21, no Fire Fighter I"shall be assigned to work out of class as a -Eire Lieutenant on a Combat Unit unless he /she is on an active faire Lieutenant promotional list..A Fire Fighter.) may be assigned to work out of class as.a Rescue :Lieutenant provided that any Fire Fighter 1 on an active fire Lieutenant promotional list has the right of first refusal: IAFF 27 v After the implementation set forth in Section 6.21, no Fire Fighter I shall be assigned to work out of class as a Driver Engineer unless he /she meets the qualifications set forth in 77(a). No probationary employee shall be assigned to work out of classification. 7.9. Overtime. Any member of the bargaining unit required. -to perform work outside of his /her normal shift shall receive pay at time -and- one -half their current hourly rate Hourly rates shall be determined using the definitions in Article 7.13, Hours of Work. Upon implementation of the new average pay period provision for 24 -hour shift personnel, all vacation and sick leave accrual rates and existing accrued amounts for 24 -hour shift personnel shall be revised to reflect this change (i.e. 1.5 hours for each hour). The Fire Chief will make available to the International Association of Firefighters, Local 1510 (IAFF) a report or the database of the overtime worked by the bargaining unit members. Such information will be furnished to the IAFF on an as needed basis. 7.10 Call -in Guarantee. A member of the bargaining unit who is called in to work outside of his /her normal shift 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 a call -in occurs on a holiday, the member will receive holiday pay for the four (4) hour guarantee and all additional hours worked on the holiday. If an employee does not perform available work as assigned, he shall not be entitled to any pay. 7.11. Holidays. The following holidays shall be granted to all members of the bargaining unit accordingly: . - Hollidays Designated Date New Years Day January 1 5 ' Martin Luther King,.Jr. Day 3r Monday in January President's Day 3r Monday in February IAFF - 28, Memorial Day Last Monday-.in May Independence Day July 4th Labor Day 1 5r Monday in September Veterans', 'Day November T, Ph Thanksgiving Day 4►h Thursday. in November The Day after Thanksgiving 4th Friday in Novembers Christmas December 25'h Employee's 'Birthday* ' Three (3)' Floating Holidays* * Birthda ' shall be twenty -four (24)'hours for 24 -hour shift employees and eight (8) or ten (10) hours for. 8P 0 hour shift employees. ** Three (3') floating holidays of ten (10) hours or.eight (8) hours for 8/10 hour"shi employees, and two_ (2) -24 7 hour floating holidays for 24 -hour shift - employees.. a. Floating holidays are fo.be elected by the employee, subject to the Fire Chief or designee's approval during each 26 pay period year, b. Ba.rgaining unit members shall be eligible. to use Floating Holidays - and Employee Birthday after six (6) months of continuous;omployment with the City: c . , 8 /10. hour shift employees get the. same holidays as other City Employees. d-. Bargaining. unit members' shall receive holiday .pay (double time) for all hours worked on holiday s. Double time a does`not a I to 24 hour p ay pp y hift employees, except when working overfime - on 'a ,Holiday. -e. Any additional holidays so designated by official action of the City Commission shall. be. added to the above list. ` f. Effective upon ratification- for twenty-four 24 hour shift personnel only, employee p tY ( ) P Y, whose R P Y day or regular day off falls on a holiday will- receive pay for nine (9);:hours at�the employee's regular straight time rate of pqy .,.' shift that is ending at 8 a.m. on the holiday andthe shift that starts at 8 a.m. on the holiday; shall.both 9 hours holiday pay at the regular stra time rate, of 'pay. IAFF - 29 ; 7.12. 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._13. Negotiation Pay. The Union's Negotiation Committee, said Committee'sholl be composed of not more than five (5) members of the bargaining unit selected by the Union. Four (4) committee 1 members, not more than two (2) of whom are on the some 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's designee for Labor Relations of the names -of the members of the Negotiations Committee and of any changes in the members of said Committee. 7.14. 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 u to a maximum of one year's p year's. salary, shall continue for all employees hired before October 1, 1978. Effective October 1, 19.78, 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 7.10, 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. The Must Use Cap on vacation accrual is 460 hours (690 for 24 -hour shift employees)., Employees shall be entitled to schedule and use at least one year's worth of their annual leave per year, if they, participate in the Fire Department's vacation leave application process in a timely manner. 1 IAFF - 30 Effective with the first pay period ending in October of 2006, the maximum a mount of accrued, combined sick and vacation leave paid upon retirement' *termination or dea shall not exceed 820 hours for. non - shift personnel and shall not exceed 1,230 for 24 hour day shift personnel:. The value of the combined accumulated sick leave hours and vacation hours .upon ' termination, .. retirement or, death shall be one hundred percent_ (100 %), up to the Maximums as, stated above. 7.15. Hours of Work. a. The average pay period for twenty-fou_r� (24)- hour shift, personnel covered by this agreement . will be 96 hours in a 14 day period and the th ree (8) shift (A,B,;C) schedule of twenty. four (24} hours on' duty. and forty eight (48) hours off duty shall continue for the duration of this agreement. ; Every -'seventh. shift, currently known as an R -day, shall ,be :a day -off so. as" to comply with the average pay period described above. b. The average pay period 8/10 hour shift personnel covered by this agreement shall be eighty (80) hours in 'a fourteen, (14) day period, with scheduled shifts consisting of eight (8.) ten (10) hour or ten (l 0) eight .(8) hour days per pay period. $/ 10 - hour shift personnel shall not be eligible to receive or accrue .R- days. 7.16 Health Trust Contributions: For Ca lendar Year 201 0, the City contri butions are: - Single: $ 457.44 ($ Medical + $ 1.2.34 Dental) Emp. +1: $1; l 1 -5.85 ($ 1,092.04 Medica +..$.23.81 , Dental) Family:., $ 1,128.52 ($- 1,092.04 Medical + $.36.48 Dental) City will be provided with the actual premium cost to the Florida Firefighters On a monthly .basis; the Insurance trust Fund.'(herein after referred to as TRUST) as,determined by its qualified consultant with those supporting documents ref {ecting the TRUST'S costs per pa,rticipant.:This actual cost shall include all liabilities of the TRUST-inclusive of administrative -fees, claims costs, reserves and stop Loss not'to exceed , the maximum. expense to the TRUST-and supporting this annual percentage increase. IAFF - 31 i The City's annual calendar year contribution. will be based on a true -up process as described below. (It is, understood. and agreed that the numbers used in the foregoing examples are fictional and for illustrative purposes only). Example #1:, Trust's actual calendar year percentage premium increase is less than the City's actual contribution — a refund is calculated: If the City's actual monthly contribution exceeds the TRUST'S monthly premium contribution, then the difference shall be recorded and refunded to the City by reducing the City's first following calendar year premium payment to the TRUST by the total amount of the dollars to be refunded. This refund will based on the dollars determined each month. In: addition, the City's base premium rate will be adjusted to reflect this annual-percentage decrease in cost The City's premium rate for December. -of the preceding calendar year will be adjusted to reflect this percentage decrease in premium cost and then the City's current straight line average increase will be added to this base premium. I. City's monthly contribution for calendar year 2006 = $100,000 /month 2.. City's monthly contribution for calendar year 2007 _ $106,000 (2006 average straight line increase 6 %) 3. Trust's actual monthly premium for calendar year 2007 = $ 104,950.50 (this is 1 % less than #2) 4. Therefore, the city overpaid the Trust by $ 1,049.50 each month, which means the city would receive a credit of $12,594 ($1, 049.50 x 12) to be taken off the first premium contribution in 2008 ` 5. The City's straight line average for 2008 has been set at 6% 6. Before adding this new straight line average of 2008, the current monthly contribution will need to be adjusted to reflect the true costs of 2007 (Dec 06 base premium + 5% (The true increase for TRUST in 2007)). This establishes the new base premium for 2007 7. Therefore, the City's monthly contribution for 2008 would be $105,000 (2007 adjusted premium) x 6% (2008 straight line average)) _ $1 1 1,300 Example #2: If the payments made by the City to the TRUST do not exceed the actual increase for prior year, then there will be no reduction made in the current year. IAFF - 32 Trust's actual calendar year percentage premium - increase is greater than the City's actual contribution no refund is calculated: 1 : City's monthly contribution for calendar year 2006 $1.00,000 /month .. 2. City's monthly contribution for :calendar. year 2007 = $106,000 (2006 average straight Fine increase 6 0 /6) 3. Trust's actual monthly premium for calendar year 2007' = $ 1 1.0,000 (this'i"s more than the City's actual payment) 4. Therefore, the Trust's premium was more.than the City's actual contribution for 2007. No credit is due to the city & there will be not monies deducted from the first premium in 2008 5. There will be no reduction to the City's current monthly contribution 6. The City's straight line average for. 2008 has been set at 6% 7. The 2008 rate will then be determined as follows: $106,000.(2007 rate) x 6% (2008 straight line average)) _ $ 112,360' Example #3; If the payments made by the.City to the TRUST are equal to the actual increase to the TRUST for the prior year, then there will - reduction made in the current year. Trust's actual calendar year percentage premium increase is equal to the City.'s actual contribution — no.refund is calculated: 1 . City's monthly contribution for calendar year 2006 $100,000 %month 2. City's monthly contribution for calendar year 2007 $106,000'(2006 average straight line ' increase 6 %) 3 Trust's actual .monthly premium for calendar year 2007 = $106,000 4. Therefore, the Trust's premium was equal to the City's actual contribution for 2007, no credit is due to the .City: & there will be not monies deducted from the :first premium in .2008 5. There will be no, reduction to the City's current monthly contribution 6. The City's straight line average for 2008 has been set at 6 %° 7. The 2008 rate will then be determined as follows: } $106,000 (2007 rate) x 6% (2008 straight line average) _ $ 12,360_ IAFF 33 If the City's renewal rate is flat, or a negative percent, then there will no change made to City's annual calendar year contribution to the'TRUST. The City's contribution amount will help fund the level of benefits provided by the current plan as of the date this contract is signed*. and will help fund the level of benefits provided by,the TRUST not to exceed the maximum expense to the TRUST for said benefits. If plan design changes cause an increase in the TRUST'S monthly premium, the City is not required to increase its contribution as a result of the plan design change. The City shall be notified in writing of all plan design changes within thirty (30) days of the effective date of any proposed change. Deadlines: a. First Week of Each Calendar Month: Monthly premium billing reports shall be provided from the TRUST to the City Manager's designees for Labor Relations and Human Resources /Benefits Administration no later than the I" week of each calendar month the premium is due. This premium billing report shall reflect the monthly premium costs based on the claims experience and administrative costs of the TRUST as determined by its qualified consultant and documents reflecting the TRUST's costs per participant per month . for administrative fees, claims costs, stop loss and reserves supporting the annual percent increase, and shall be broken down by average for that month per participant. b. In addition, the City of Miami Beach Firefighters Insurance trust Fund shall provide the financial statements from the TRUST CPA reflecting . Miami Beach's actual premium contributions for the prior calendar year to the City Manager's designees for Labor Relations and Human Resources /Benefits Administration. Audited financial reports will be provided as soon as available each calendar year. c. The City Manager's designee for Labor Relations will provide the final renewal rates to the Miami Beach Firefighters Insurance Fund prior to the beginning of the new plan year. 1 IAFF - 34 d. The City's desi gnees • #or- Labor"Relations and Human Resources /Benefits Administration will be notified of the annual,meeting at which benefit changes are under consideration and the City shall be allowed - to 'send re resenfatives to that meeting Also an consultin re rep orts analy benefit P g• Y� g• P y 9 changes will be provided to the for the purposes of that meeting: *Upon ratification of this,agreement; the parties shall supply each other with the current plan designs in effect for calendar year 2007. *- *The straight.line average is defined as the total of the percentage increase in premium for each of . the City's medical plan options divided by the number of . the City's medical plan options and in the same manner for dental plans. .. In addition: - r a) For all .current r retirees. and active employees on the 'payroll as of the date of ratification of. this contract;, all employees peesently'in the. D ROP and all eligible dependents under the current eligibility rules, the City contri for those current retirees and current employees who become future retirees forhealth coverage shall be equal to the City's Health Trust contribution formula for active employees. - Furthermore, the contributions for those current retirees and current employees who become future retirees and their eligible dependents shall be no less'tha.n the current value of the contributions for active employees, and their eligible[ dependents.: This agreement shall be -reduced to writing and made , individual contracts and shall be vested benefit throughout retirement. b) Employees hired after the ratification of this Agreement who elect to be covered by the Firefighters Plan to the extent they choose to have medical benefits provided to them and their dependents during retirement shall receive a health insurance stipend in lieu of an City contribution to the Trust on behalf of those employees after - their retirement. The.stipend shall. be a monthly payment equal to twenty -five dollars ($25) per month of each year of service, subject to an an nual increase based on the Miami -Ft. Lauderdale all urban consumer CPI as of September 30t of ..each fiscal- year. 1AFF - 35 c) 'All members of the bargaining unit who have worked at least ninety (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, provided they meet the TRUST'S eligibility as defined in the plan document.. d) '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. e) 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. f) Employees covered by this Agreement who retire,. resign, or are terminated by the City must be . vested in the Police /Fire pension plan at the time of such retirement, resignation or termination in order to receive a contribution by the City towards his /her health insurance- premium after such retirement, resignation or retirement. g) Employees in the bargaining unit shall be eligible to participate in the City's. voluntary benefits plan, which may be modified by the City from time to time. The voluntary benefits plan shall be administered by the City. 7.17. 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 IAFF 36 " present state recertification procedures, City wil'I Pay a " $300 paramedic recertification bonus. Non - paramedic employees who are required to obtain EMT recertification shall be provided with the.. . I tate required instruction while "on duty. 7.18. 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 depos in a civil matter which involves the employee's employment with" the City, (except that when the employee is a Plaintiff 'in any litigation aga inst 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 "four (4) at the overtime ;rate if the court appearance deposition is not contiguous to the regular duty shi If the court appearance deposition is contiguous.to the regular duty shift, the minimum guarantee shall beawo (2) hours at the overtime rate. 7.1 �3. On - C all. Employees vvho 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 and. is not pensi onable for purposes of reti rement. calculation. 7020. Shift Traininq' Coordinator ­ One employee on each operati shift will be-given 'a $300.00 .annual bonus for holding and maintaining a State of. Florida Fire Instructor certificate, and for performing as the shift training coordinator.- This training certificate -holder bonus 'is not .pensionable for purposes of retirement calculation. 7.21. Pension Pick-Up. The City agrees subject "to and in 'accord,ance with IRS code and ;regulation that pension contributions althoug desi nated'as employee contributions, will be aid b , - P g g P y, thetemp'loyer in lieu of contributions by the employee... _ IAFF 37 t 7 2 22. Rescue Out of Class (ROC). 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 two dollars ($2.00) per hour for all hours during which the assignment continues on that shift. 7.23. Pension. The pension benefits as they currently exist shall continue," ontinue, except that the City shall amend the pension plan upon ratification of this Agreement, to provide the following benefits for plan members who retire on or after September 30, 2010 (except as otherwise specified below): A. Upon completion of ten (10) years of creditable service under the pension system members may purchase additional creditable service under the System for up to two (2) years of full -time public safety service as a firefighter prior to City employment, provided, the member is not entitled to receive a benefit for such service under another pension plan, and further provided that the member may not purchase a combined total of more than 4 years of creditable service for prior public safety service and prior military service. The cost for each of creditable service for prior public safety service purchased shall be the some rate as provided in the plan for the purchase of military service, with the cost prorated for fractional years of service. For purposes of this purchase, an employee may use the value of accrued sick and /or annual' leave, valued at the employee's hourly rate at the time of purchase. B. Upon completion of 10 years of creditable service under the pension plan, members may also purchase up to an additional six percent (6 %) multiplier, in increments of three percent (3 %), provided the combined total of additional years of creditable service purchased pursuant to paragraph (A), above, may not exceed two (2) years if a member.purchases an additional six percent. (6 %) multiplier, or 3 years if the member.purchases an additional three percent (3 %) multiplier. The cost for each additional three percent (3 %) multiplier purchased shall be the same as the cost for each year of prior public safety service or military service. For purposes of this purchase, an employee may use the value of accrued sick and /or annual leave, valued at the employee's hourly rate at the time of purchase. C. The purchase of additional service provided in subsection A, above, and the purchase of the additional multiplier provided in subsection B, above, must be completed within 24 months following September 30, 2010, or within 24 months following a member's completion of 10 IAFF - 38 v. years of creditable service under the pension plan, whichever occurs. later for the member. If a member does not complete the purchase within the 24 month period, he /she shrill not be eligible for the purchase in the future. D. Upon reaching eligibility for retirement or at time of retirement, a member may'sell back sick and /or vacation time at 100% value (along with the 10% pension contribution)'for purposes of calculating a members' final average monthly earning, not to exceed the caps presently . specified in the Miami Beach Police and Fire Pension O.rdinance_: E. Effective upon ratification of'this contract,' all. corn pensation for work 'performed pursuant to section 6.1 2 {off duty. services) shall be included in a member's salary for pension purposes, and shall be used in, the calculation of member contributions and. benefits. Provided; in no event shall the value of unused sick and/or vacation time, overtime pay, and /or - off -duty pay, cannot exceed the caps presently specified in the Miami Beach - Police and Fire :Pension Ordinance. F. 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 become-,eligible for a normal service retirement, subject to the conditions expressed herein or as modifi.ed"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 c.ontinue'-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. Employees who enter the DROP on or after September 1, `2012 _shall be eligible to participate for period not to exceed sixty (60) months: Notwithstanding, for those employees entering the DROP on or,after September 1, 201'2, participation may not continue beyond the date when the lAFF 39 t employee's combined years of creditable service and time in the DROP equals 376 months (390 months for members hired after the ratification of this contract). 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 q Y be required b the Pension Board of Trustee's Plan Administrator. Election in, the DROP is irrevocable once DROP payments, begin. 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 ,- r 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. k C. A DROP participant is not eligible for disability benefits from the Plan. d. An employee may participate in the DROP only once. IAFF - 40 e. Effective with they 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 amo unts transferred to the DROP 'from the Plan, which include the monthly `retirement benefits, including any future cost of living increases, 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. Provided employees who enter the DROP on or. after September. l , 20 shall receive a zero percent (0 %) cost of living" adjustment for the third (3rd) and fourth ' (4th) annual adjustment dates, regardless of whether the '- employee remains in - the DROP for the maximum five (5) year period. Provided further, any employee who exits the DROP within six (6) months following he. date of DROP e'nt shall be eligible for the cost of living g �',, g� g adjustment as.othe'rwise provided in. the: current pension plan. 6, DROP Account Earnings } a. Members may direct their : DROP money to _ any - of the investment options. offered and approved by the Board. Any losses incurred by the partici 'pant shall not be made up by the City or the Pension Plan. The selection of these programs shall be made by the participant on forms' provided by the Board. Any and all interest and or earnings shall be credited to.the participant's DROP.account. 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,' terminates employment with the City of Miami Beach. IAFr -,41 a 9 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 pa ticipant 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 a shall have the same rights as the member to elect and receive the pay -out options set forth in Paragraph 8, above.'. payments to a beneficiary shall be in addition to any other retirement benefits payable to the beneficiary. 10. Administration of DROP Accounts IAFF - 42 i a. The Pension -. Board of Trustees shall make` such administrative rules as are necessary for the efficientbperation 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. 1 l . If :any " provision 'of this DROP should be found - invalid, unlawful., or not .enforceable by reason of 'any existing or 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). 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 ° {an 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 Cocle provided that no such resolution *shall jeopardize. the exempt status of the Plan under the Internal Revenue 'Code. G. Pension Benefits for eImpl.oyees hired on or after ratification of' this agreement shat) be as provided in the current pension plan, except as follows: 1 The benefit mul iplier shall be"three percent,(, 3 %) for each year of creditable service for the first 20 years of service, and`four percent (4 %) for each year of'creditable service after 20 years of creditable service. 2. The normal retirement date shall be- as provided. in the current pension plan, except that a member must .attain age 48 to be eligible for "Rule. of 70" retirement. -1AFF - 43 3. Final average monthly salary shall be based on the three (3) highest paid years or last three (3) years as the case may be, prior to retirement or separation from employment. 4. The cost of living adjustment shall be one and a half (1.5 %) annually. 5. Employees who enter the DROP shall receive a zero percent (0 %) cost of living adjustment for the third (3rd) and fourth (4th) annual adjustment dates, regardless of whether the employee remains in the DROP for the maximum five (5) year period. Provided further, any employee who exits the DROP.within six (6) months following the date of DROP entry, shall be eligible for the cost of living adjustment as otherwise provided in Section 7.23 (G) (4). "Me T®®" with the FOP. The IAFF reserves the right to a "me too" agreement with the FOP should the City modify the FOP agreement on parallel issues. Any such discussions shall not exceed a period of 90 days from the date of the first meeting, and in no event shall the discussions continue beyond the contract expiration date. 7.24. Buyback ®f Prob ®ti ®nant Time Employees covered by this agreement may elect, by written notice served on the Board of Trustees, to receive creditable pension service time for any or all of their time served as probationary firefighters. In order to receive such creditable pension service time, employees should be allowed to purchase any or all of such time through the use of accrued annual leave, sick leave, cash or any combination thereof. In the event such purchase is not made within six months of successful completion of probationary period, the amount paid shall include interest at the rate of three percent (3 %) per annum excluding first six months. 7.25. Fire /Rescue Recreati ®n 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. IAFF - 44 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 app, binted by the Fire Union. 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 anyproblems or any negative public image projected' by this fund.or its disbursements, then the existing fund balance shall either be returned to the donor, or be disbursed to a bona fide charity of the Union's choice, and no new funds will be accepted. 7.26. !Voting Time. Given the availability of alternatives such as absentee ballots, the past practice of allowing paid time off for voting shall be. discontinued. 7.27. Commission* on Fire Accreditation . International Pay Supplement (CFAI). Bargaining unit members shall receive 'fifty dollars $50.00 per a period. The union a ees to s" F g. l fh' ( )P pay 9 work with the City in order to.attain accreditation through the. Commission on Fire Accreditation International. After attainment of accreditation,, (CFAI) payments required herein shall be contingent upon maintenance of the accreditation provided however that payment shall continue if loss of accreditation. is due to action or inaction , by the City /Administration and unrelated to actions of..the bargaining unit members. 7.28.. Compensation - Plan. a) Trainee All non - certified hires will- start at Step 1. b) All Florida certified Firefighters will start at Step 3.. After 6 months at Step 3, the employee will move to Step A for, the duration of their first year. IAFF - 45 r 7.29.. Shift Fire Investigator Three Fire Fighter I employees will be assigned to the Suppression Division (1210) in the position of Shift Fire Investigator. There shall be one Fire Investigator per 24 -hour shift for a total of three. To be eligible to hold the position, the Fire Fighter 1 must be a state certified Fire Investigator II. The three (3) fire investigators will perform their normal Fire Fighter I shift duties, and may be dispatched solely for Fire Investigative ; duties. The three Fire Fighter I Shift Fire Investigators shall maintain their 10 assignment pay as if.they were still assigned to the Fire Prevention Bureau (FPB) Division (1230) and shall maintain their current take home vehicles. 1 {AFF - 46 ARTICLE:B . JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITTEE 8.1. Committee Make -up and Responsibilities. 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 w.il'l 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. a. The Committee.shall recommend rules and procedures for the'promotion of health and safety among Firefighters. b­ Committee shall make inspections of fire Department facilities on a semi= annual basis 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) i 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 forbids for protective clothing, equipment, ools,'a appliances, .. g p p f , pp ' 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'helrnets, gloves, breathing apparatus, and protective clothing on a semi - annual basis. A report of this evaluation . will be made to the Fire Chief. g, A separate City -Wide or Departmental Safety Committee'will review and analyze all reports of accidents, deaths,' injuries, and illnesses: h: The Safety and'Health Committee shall review on the job .accidents and injuries and make recommendations to the fire Chief about prevention efforts and /or remediation needed'. IAFF 47 8.2. Personal Equipment. 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. 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. Ladder Testing. 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. Air Quality Evaluations. 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. -SCBA Repair. 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). 1 i IAFF - 48 ARTICLE 9 LE"E OF ABSENCE 9.1 Educational Le®ve and Tuiti ®n 'Refund. ' 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. = 9.2.:Bereavernent. 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 (twenty -four (24) hours a 24 -hour shift employee), 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. 1n such circumstances, additional" time off may be granted by the Fire Chief or designee, and shall be chargeable 'fo accrued sick or vacation leave of such employee Such additional time shall not count against the employee for the purposes of performance evaluation, or for participation in the sick leave sell backprogram. Requests for additional time off shall. be submitted in Writing to the Chief. . IAFF - 49 di t d 8 ARTICLE 1® TRANSFER OF SERVICES 19.1. 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 - 50 ARTICLE 11 DRUG/ALCOHOL TESTING Secti ®n 1 1.1. Selection. In an effort to identify and eliminate on -duty or off -duty controlled substance /alcohol abuse, urinalysis /breathalyzer tests shall be administ&e' d -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'. Annual 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- theUnion and the City, and shall be tested during their normal tour of : duty. - - - b'. Random .Screening :, It is important to safety and welfare of employees and the- public that bargaining unit members not be impaired byalcohoCwhile on duty nor use illegal drugs. The Human Resources Department will administer the drug - testing program,. Thirty (30) days after the contract 'ratification by the IAFF, employees whose sick leave bank falls below 133 hours (200 hours for shift personnel), shall- be subject to the random. drug, test screening for 180 calendar. days. The 180 calendar day period will begin with the pay period after the employee's leave balance falls below 133 hours (200 hours for shift personnel). Effective = T - October 1, 2007, employees whose sick leave bank-falls below 200 hours (300 hour's . for shift personnel), shall be subject to the random drug test screening for 180 ca)endar days. The 180 calendar day period will begin with the pay` period .after the employee's leave balance falls below 200 hours (30&hours'for shift personnel): If at. any time after the 180 . calendar days has expired, the employee's sick Ieave:bank falls below the -133 hours (200 for shift personnel) (or �on /after October 1, 2007; 200 hours [300. for -shift personnel]), the employee shall be imrmedi subject to random drug testi for an additional 180 calendar day period (as described above). New hires are exempt from the random screening IAFF - 51. provisions until they have been employed for a total of thirty -six months. After thirty -six months from the date of hire, all provisions will apply. C. 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. Secti ®n 11.2 Screening. 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 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 IAFF - 52 only be conducted following a positive result from the ci nd's h .al'I be.performed at a second, separate State Licensed clinical lab of the City's choice. All additional confi rmation. testing'shall be by GCMS or equivalent testing'method. c. For of reasonable belief screening criteria under Section 1 (b)(2), employees shall be deemed alcohol impaired if their blood /alcohol .level is measured at '.04 or 'a bove. The following conce ntrations shall be applicable_for deter 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 as set forth in NIDA (National Institute of Drug Abuse) five (5) panel screen standards: d: Employees shall be notified of a positive test result within a-reasonable time from 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 empl oyee' Last recorded residence shown on the' Department's personnel, ersonnel roster. The Union :shall be advised of positive or . negative test results to the extentahat the release -of such information is consistent with Federal, State,.or.local Laws regarding the privacy of test results,-.unless the employee does hot want the results released to the Union. 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 cri te ri a 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 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 for Human . Resources 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. IAFF.- 53 Secti ®n 1 1.3. Expedited Arbitration. a. Following ratification. of this Agreement and, prior to October 1, 1998, the President of the Union and the City Manager's designee 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 1 1 .1 b), 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 'Arb'itrator 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 samples) 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. f 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 City Manager's designee for Labor Relations. Should the City and the Union choose to remove an Arbitrator, the Arbitrator shall be notified and the parties shall IAFF - 54 agree on a 'replacement.. If they are unable to agree, each'pcirty shall put two (2)�names into a hat and the name drawn shall be the replacement for one ) ear Section 1 1.4. Re"habilitation. I'n the event that the results of the urinalysis /blood alco test are positive, the following shall a _Pp Y 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 /her accrued annual and -sick leave, if appropriate, . and then shall be relieved without pay. The employee shall not be disciplined un'tii a positive test result is communicated to the City. However, if the employee's cond ' , 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 /her. 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 unti the employee has successfully co m p leted the p rogram , includin an r e q uired aftercare if the e y _ Y P p 9 �. g Y .9 _ fails to. enter, participate in, and /or successfu complete any part of the rehabilitation program, including any aftercare, he sha be terminated from his /her employment with the City c. =Employees cleared to return to work by the .Substance Abuse.Program Administrator shall be subject to random urinalysis /breathalyzer tests) for a_period of two (2) years. The City shall be limited to six (b) random urinalysis breathalyzer tests per. twelve (12) month period, beginning from the date the employee is cleared to retu to work. Each employee 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 l 1.2 of this Article or - this Section shall be terminated from employment with the City. IAFF _55 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. 1AFF - 56 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 bylaw . 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 U nion 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 inten&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 - p revent it the C ma y take an action or fail to take an action p ty y Y � Y ) 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 - 57 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 September 30,. 2012..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 ther 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. 4 IAFF - 58 EXECUTED by the parties hereto on this . f� day of Ph 2011. INTERNATIONAL ASSOCIATION: CITY OF MIAMI -BEACH, FLORIDA OF FIRE FIGHTERS LOCAL 1510, AFL - CIO -CLC By By Adonis Garcia J ge G . nzalez IAFF President City Manager By Matti Herrera Bower Mayor Approved by Vote of the City Commission on the Vl a Y of 2010 ATTEST: . Date Robert Parches; City Cleik 'APPROVED ASI 0 FOR M^' INCORP QRATE� IAF -F 59 H 2ro 3 � I INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) LOCAL 1510 ELECTION OF REMEDY FORM Grievance No. 1. I /We elect to utilize the Grievance Procedure containe i n 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. -2. I /We elect to utilize another forum, for my /our grievance, and in doing so, ` I /we understand that this election shall bar any considera tion of matter under the IAFF grievance and arbitration Article. Signature Date Subject of Grievance /Appeal: IAFF - 60, HEARING EXAMINER RULES SECTION 1: REQUEST FOR HEARING: Any officer or employee may appeal from such , disciplinary action within ten (10) days after the, delivery or mailing to him /her of such written. notice, by .filing a written request fora hearing to the Hearing Examiner or his /her designee:. If the-tenth day falls on a Saturday or Sunday, he /she will have the ability tojiie for an ap'peaI on the "following Monday. SECTION 2: DISCIPLINARY HEARINGS:` (a) The City Manager's designee for Labor Relations not later than ten (1' 0) days offer receipt of such appeal,. shall fix a 'place and time for holding a public hearing within a reasonable time thereafter. Written. notice of.such time and place shall, be delivered or mailed promptly I to both the Appellant and the Appointing. Officer. Only the Hearing Examiner may grant.a.continuance to either party for good, and sufficient cause. No continuance shall be granted to either party unless such request for continuance is. received in ,writing by the City Manager's 'designee for- Labor Relations at least ten (10) :days prior to the date of said scheduled hearing of appeal: O The Hearing Examiner 'may, at fihe request of the Appointing Officer or the b Appellant, call or, request any person or records for the purpose of ascertaining he'facts. (c) The Appointing Officer or a representative designated by him /her, shall have the right to 'be present at, such hearing and to be - represented b the City Attorney. IAFF - 61 i (d) The Appellant shall . have the right to be present at such hearing and to be represented by an attorney of his /her choice. Said attorney shall be an attorney duly admitted and Licensed to practice in the State of Florida. In the event that the Appellant does not retain an attorney, said Appellant may have an advisor of his /her choice present. Such advisor shall not have the right to interrogate any witnesses or to enter objections to any testimony or evidence presented to the Hearing Examiner, nor may such advisor speak in the Appellant's behalf. (e) The findings of the Hearing Examiner shall be based upon competent substantial evidence of record. (f) The Appointing Officer shall have the burden of presenting evidence to support the truth of,the charges as contained in the written notice. (g) The Appellant shall have the right to present evidence to refute the charges brought against him /her. (h) The Appellant shall have the right to be confronted by his /her accuser, and the Appellant and the Appointing Officer shall each have the right to cross- examine the witnesses of the other. (i) After both the Appointing Officer and the Appellant shall have presented their testimony and evidence, the Hearing Examiner . shall receive argument in summation. The Appointing Officer shall have both the opening and closing argument. (j) After the completion of closing oral argument, the Hearing Examiner shall consider the testimony and evidence presented before the Hearing Examiner to determine the truth or untruth of the charges. (k) Within five (5) working days after the completion of the hearing, the Hearing Examiner shall issue his or her findings as to the truth or untruth of the charges in writing. The City Manager's designee for Labor Relations shall promptly IAFF - 62 - deliver or mail a copy of such findings to ,the Appointing Officer and to the Appellant. (1) A copy of the written statement given the officer or employee, a copy of any reply thereto, and a copy of`the findings of the Hearing Examiner shall be filed as a Public Record in the employee's personnel file.. . IAFF - 63 LO OD OO .N � � O N r� � OO �. O O, O O 1 01) O I I c� c'7 Ol 00 U CC) CN LO N d. C) r'Z N N c �( _ O v � �? _ co . j O� '� coo �t O N O 00 C14 . 1O 0- Lo C� O N 1O , LO co ol N O N Lo-0 (� M V MI N. 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