HomeMy WebLinkAboutIAF Local 1510 Agreement
trlS/~!;'/ ~.
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 1,2003 through September 30,2006
J2.00"'; -- ,.;; :55 (,) 5'
TABLE OF CONTENTS
PAGE
AGREEMENT .............................................................................................................................................1
ARTICLE 1
ARTICLE 2
Section 2.1
Section 2.2
ARTICLE 3
Section 3.1
Section 3.2
Section 3.3
Section 3.4
Section 3.5
Section 3.6
Section 3.7
Section 3.8
Section 3.9
Section 3.10
Section 3.11
Section 3.12
ARTICLE 4
Section 4.1
Section 4.2
ARTICLE 5
ARTICLE 6
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 6.7
Section 6.8
Section 6.9
Section 6.10
Section 6.11
RECOGNITION ...................................................................................................2
DEDUCTION OF UNION DUES
Check off....................... ............... ............. ............................ ................. ...3
Indemnification............ ............. .............. ............... .......... ... ....... ...... ... .......3
GRIEVANCE PROCEDURE
Definition of Grievance and Time Limit for Filing ...................................4
Definitions of Weekday............ .............. ........................... ............. ...........4
Grievance Procedure.. ............ ...... ..... .... ..... ...... ... .......... ............... .... ....... ...4
Election of Remedies........................................... . ............ ....................... 5
Binding Arbitration......... ............................ .............. ............... .............. ...5
Authority of Arbitrator... .............. ............. .................. .......... ................. ....6
Expenses ........... ........ ....... ..... ... ...... ..... ... ...... ........ ..... ...... ... ...... ........... ....... 6
Processing Grievance......... ... ........... .... ........... ... ..... ..... ... ...... ...... ........... .... 6
Suspensions, Reductions in Payor Class, or Removal ..............................6
Probationary Period ...................... .............. .............. ............... ............. ..... 7
Union Grievance Committee .....................................................................7
Waiver of Time Limitations....................................................................... 7
NO STRIKE AND NO LOCKOUT
No Strike.......... ............ ........ ... ........... ... ..... ...... ... .......... ... ....... ....... ... .........8
No Lockout.... ........... ........... .............. ........... ............... ................ ..............8
MANAGEMENT RIGHTS .................................................................................9
GENERAL PROVISIONS
No Discrimination ...................................................................................10
Union Activity .........................................................................................1 0
Seniority List ...........................................................................................1 0
Relief at Fire ............................................................................................1 0
Exchange of Time............................... .............. ............ ................. ..........1 0
Protection of City Property and Equipment.............................................10
Uniforms..... .......... ................................... .............. .............. ................ ....1 0
Meetings between Parties ........................................................................11
Time Bank. 00 . . . 00 . 00 .. . . . . . 00 . 00 00 00 . 00 .. . . .. 00 . . 00 .. . 00 . . . . 00 . . 00 00 00 00 00 . . . 00 0011
Line of Duty Injuries ...............................................................................11
Change in Shifts ......................................................................................12
ARTICLE 6
Section 6.12
Section 6.13
Section 6.14
Section 6.15
Section 6.16
Section 6.17
Section 6.18
Section 6.19
Section 6.20
ARTICLE 7
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Section 7.8
Section 7.9
Section 7.10
Section 7.11
Section 7.12
Section 7.13
Section 7.14
Section 7.15
Section 7.16
Section 7.17
Section 7.18
Section 7.19
Section 7.20
Section 7.21
Section 7.22
Section 7.23
Section 7.24
TABLE OF CONTENTS (Continued)
PAGE
GENERAL PROVISIONS, continued
Fire and Rescue Off Duty Services.......................................................... 12
Promotional Examinations & Appointments ...........................................12
Light Duty Assignments ..........................................................................17
Injury Service Connected......................................................................... 17
Jury Duty .................................................................................................18
Reduction in Work Force.........................................................................19
Infectious Disease Presumption ...............................................................19
Seniority Bid System ...............................................................................19
Minimum Staffmg ...................................................................................19
WAGES AND FRINGE BENEFITS
Wage Increases....................................... .................. ............................ ...20
Fire Rescue Duties........... .......... ............ ................. ............... .......... ........20
Fire Prevention Duties .............................................................................22
Support Services Duties.......... ........... ................ ................ .............. ..... ...23
Work Out of Classification ......................................................................24
Overtime ......... ..... ....... ......... .... .... ... .......... ........... .......... ...... ..... ... ..... ...... .24
Call-in Guarantee.... ... ......... .... ...... ..... ..... .... ....... ...... .... ...... ........ ............ ..24
Holidays.. ... ...... ........ .......... ....... ... ............. .............. ......... ...... ... ..... ...... ... .24
Vacation Benefits ... .................... ........... ............... .................. .............. ...25
Negotiation Pay.............. .......... ............ ................. ..... ........... ............. .....26
Sick and Vacation Leave Accrual, Maximum
Payment on Termination........ ........... ............... ................ ........... ......... ....26
Hours of Work. ................................ .............. ................ .............. ........... .27
Insurance... ... ............. ....... ... ... ....... ......... ... ........ ......... ....... ...... ... ..... ...... ..27
Recertification ....... ... ......... .......... ............ .................. ..... .......... ..... ...... ... .29
Court Time ................................. ............ ............................. ........ ...... ......29
On-Call........ ....... ............ ........ .............. ..... ........... ...... ...... .... ..... ..... .........30
Shift Training Coordinator ......................................................................30
Pension Pick-up ............ ....... ........... ............. ................ .................. ..........30
Rescue Out of Class (ROC) .....................................................................30
Pension ..... ... .............. ....... ...... ....... ............. ....... ...... ......... ......... ...... ..... ...30
Buyback of Probationary Time. ........... ............... ............ ............... .... ...... .35
FirelRescue Recreation Fund...... ........... ................. ............... ............. .....35
Voting Time......... ......... ....................... ............... .................. ............ .......36
Commission on Fire Accreditation International Pay Supplement ..........36
ARTICLE 8 JOINT OCCUPATIONAL SAFETY AND HEALTH
Section 8.1 Committee Make-up and Responsibilities ...............................................37
Section 8.2 Personal Equipment............................. .............. ................ .............. ........38
Section 8.3 Ladder Testing......................... ........................ .............. ............... ...........38
Section 8.4 Air Quality Evaluations ...........................................................................38
Section 8.5 SCBA Repair ...........................................................................................38
11
ARTICLE 9
Section 9.1
Section 9.2
ARTICLE 10
Section 10.1
Section 10.2
ARTICLE 11
Section 11.1
Section 11.2
Section 11.3
Section 11.4
ARTICLE 12
ARTICLE 13
ARTICLE 14
LEAVE OF ABSENCE
Educational Leave and Tuition Refund ...................................................39
Bereavement ...... ......... .... ....... ....... ... ........ .... .......... ........... ......... ..... ....... ..39
TRANSFER OF SERVICES
Notice....... .......... ... ...... ....... .......... ........... ............ ......... ........... ............ ....40
Discussions........ ... ...... ....... ........ ............. ..... ...... ... ...... ....... .... .......... ... .....40
DRUG/ALCOHOL TESTING
Selection........ ............... ........... ........ ............... ............... ............... ...........41
Screening.. ... ...... ......... ........... ........... ........... ............ .... ........ ..... ... .......... ..42
Expedited Arbitration ................................. ............... .............. ................43
Rehabilitation ........... ........... .......... ........... ...... ...... .... ....... ...... .... ......... ... ..44
SAVINGS ............................................................................................................46
WAIVER AND ENTIRE AGREEMENT ........................................................47
TERM OF AGREEMENT ................................................................................48
EXECUTION ....................................................................,........................................................................49
ELECTION OF REMEDY FORM..........................................................................................................50
APPENDIX A ...........................................................................................................................................52
111
AGREEMENT
TIllS AGREEMENT, made and entered into this 11ftaay of M IYlelf, 2004 by and between the CITY
OF 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 for salaries, fringe benefits, and other terms and conditions of
employment. It is further the intention of this Agreement to prevent interruption of work and interference with
the efficient operation of the City and to provide for an orderly, prompt and just manner in handling
gnevances.
Within the context of this Agreement, the use of masculine-gender terms shall be considered gender-neutral
and are freely interchangeable with the corresponding female-gender terms.
IAFF - 1
ARTICLE 1
RECOGNITION
The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of
negotiations over wages, hours, and other terms and conditions of employment 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, and
any other classifications established by the City, 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 Union in writing, the City agrees during the term of this
Agreement to deduct the uniform biweekly Union dues of such employees from their pay and remit such
deductions to the Union Treasurer, together with a list of the employees for whom deductions were made;
provided, however, that such authorization is revocable at the employee's will upon thirty (30) days written
notice to the City and the Union. The Union will notify the City in writing of the exact amount of such uniform
membership dues to be deducted. The Union will notify the City in writing thirty (30) days prior to any change
in its dues structure. In January of each year of this Agreement, the Union will remit to the City $400.00 as an
administrative fee for the collection of dues by the City.
2.2. Indemnification. The Union agrees to indemnify and hold the City harmless against any and all claims,
suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the
City under the provisions of this Article.
IAFF-3
ARTICLE 3
GmEVANCEPROCEDURE
3.1. Definition of Grievance and Time Limit for Filinl!:. 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.
3.2. Definitions of Weekday. The term "weekday", as used herein shall be defmed as any day, Monday
through Friday, excluding holidays, recognized by the City.
3.3. Grievance Procedure. Grievances shall be processed as follows:
Step 1: Any employee who believes he/she has a grievance shall present it in writing, on the
Grievance Form provided by the City, to his/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 Chiefs office, the time limit for filing shall be
waived until such time as the form is provided to the grieving party.
Step 2: If the grievance is not settled in Step 1 and the Union Grievance Committee desires to appeal,
it shall be referred in writing by the Union to the Fire Chief within six (6) weekdays after the
City's answer in Step 1. The Election of Remedy Form shall be completed and signed by the
IAFF and/or the grievant, and attached to the Step 2 grievance. The Fire Chief, or his/her
representative, shall discuss the grievance within six (6) weekdays with the Union Grievance
Committee at the time designated by the City. If no settlement is reached, the Fire Chief, or
his/her representative, shall give the City's written answer to the Union Grievance Committee
within six (6) weekdays following their meeting.
IAFF-4
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 within six (6) weekdays after
the City's answer in Step 2. A meeting between the City Manager, or his/her representative,
and the Union Grievance Committee shall be held within six (6) weekdays. The City
Manager, or his/her representative, 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 ofthe procedure.
Section 3.4. Election of Remedies. Disciplinary actions may be grieved (1) under the grievance/arbitration
provisions contained in this Article or (2) 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 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 fmal 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. Bindinl! 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.
IAFF - 5
The remaining person shall be the arbitrator. The arbitrator shall be notified ofhislher 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 arnend, 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 hislher
interpretation ofthe meaning or application of the express terms of this Agreement to the facts of the grievance
presented. If the arbitrator acts in accordance with this section, the decision of the arbitrator shall be final and
binding.
3.7. Exuenses. All costs of arbitration, including the arbitrator's fees and expenses, shall be divided equally
between the City and the Union provided, however, that each party shall be responsible for compensating its
own representatives or witnesses. Either party desiring a copy of the transcript shall bear the cost of same.
3.8. Processinl!: Grievance. All grievance discussions and investigations shall take place in a manner which
does not interfere with the operation of the Fire Department. Any time spent by the Grievance Committee of
the Union in discussions or processing grievances at Step 1, 2, or 3 during their working hours, shall not result
in loss of earnings or benefits.
3.9. SusDensions. Reductions in Pavor 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 Personnel Board under the statutory procedure governing such appeals, or under
this contractual grievance procedure upon the election of the employee within ten (10) days of the event giving
rise to the dispute. An election of one procedure shall foreclose any resort to the other procedure. If the
employee elects to utilize this contractual grievance procedure, it shall commence at Step 3.
3.10 Probationary Period. Nothing herein shall in any way affect the discretion presently accorded the Fire
Chief with respect to employees in their probationary period following hire, or in their probationary period
IAFF-6
following promotion. It is specifically understood by the parties that the exercise of the Fire Chiefs discretion
in this regard shall not in any way be subject to the grievance procedure set forth herein.
3.11 Union Grievance Committee. The Union shall appoint a Grievance Committee of not more than three
(3) members, and shall notify in writing the Fire Chief and the City Manager of the name or names of the
employee or employees serving on this committee, and of any changes in the members ofthe committee. The
members of this committee may not conduct any investigation while on duty without receiving the permission
of the Fire Chief; however, such permission shall not unreasonably be withheld.
3.12 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 - 7
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 defme
strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate those statutory provisions
herein by reference. The parties further agree that the City shall have the right to discharge or otherwise
discipline any employee( s) who engage( s) in any activity defmed in Section 447 .203(6) of the Florida Statutes,
at its discretion, provided that an employee may grieve and have arbitrated the question of whether or not he
engaged in the prohibited conduct.
4.2. No Lockout. The City will not lock out any employees during the term of this Agreement as a result
of a labor dispute with the Union.
IAFF-8
ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that, except as stated herein, the City shall retain whatever rights and authority are necessary
for it to operate and direct the affairs of the City and the Fire Department in all of its various aspects, including,
but not limited to, the right to direct the working forces; to plan, direct, and control all the operations and
services of the Fire Department; to determine or change the methods, means, organization, and personnel by
which such operations and services are to be conducted; to assign and transfer employees; to schedule or
reschedule the working hours, to hire and promote; to demote, suspend, discipline or discharge for just cause,
or relieve employees due to lack of work or for other legitimate reasons, subject to the Personnel Rules of the
City; to make, change, and enforce reasonable rules and regulations; to change or eliminate existing methods,
equipment or facilities; provided, however, that the exercise of any of the above rights shall not conflict with
any of the express written provisions of this Agreement.
IAFF-9
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. Union Activitv. The City and the Union agree not to interfere with the right of employees to become or
not become members of the Union, and further, that there shall be no discrimination or coercion against any
employee because of Union membership or non-membership. It is understood that the Union specifically
retains any rights it has arising out of Chapter 447, Florida Statutes, with regard to its representational
activities.
6.3. Seniority List. The City shall, on March 1 st of each year, prepare a seniority list by time in rank or grade
of all employees covered by this Agreement and immediately thereafter post such list in each fire station. Such
seniority list shall stand as posted unless an objection is reported to the Fire Chief within forty (40) calendar
days after posting.
6.4. Relief at Fire. In the event of a fire or fires, or other emergencies requiring employees to work longer
than their regular tour of duty, the officer in charge shall attempt to relieve these employees by the oncoming
tour as soon as feasible.
6.5. Exchanl!:e of Time. The Fire Chief, or designee may grant a request of any two (2) employees to
exchange shiftsjfthe City will not incur any overtime costs as a result thereof.
6.6. Protection of City Property and Equipment. It shall be the responsibility of any employee having
custody of any equipment and property to see that it is properly cared for, kept clean, and returned to its place
of storage. The City agrees to provide designated areas for the storage of bunker gear.
6.7. Uniforms. The City agrees to continue to provide uniforms at its expense for the employees covered by
this Agreement. The present program concerning the providing of windbreaker jackets will be continued. All
uniformed employees covered by this agreement shall receive $50.00 per month for uniform cleaning and
IAFF - 10
maintenance. The City reserves the right, on January 1, 2006 or thereafter, to reopen this Agreement to discuss
the implementation of a uniform and clothing cleaning service program to replace the current contractual
provisions concerning uniform and clothing allowance.
6.8. Meetinl!s between Parties. At the reasonable request of either party, the Union President, or hislher
representative, and the City Manager, or hislher representative, shall meet at a mutually agreed-to time and
place to discuss matters o(mutual concern.
6.9. Time Bank. 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 fiscal year 2003-2004, the time bank shall be 1500 hours, covering the
period October 1,2003 through September 30,2004. For fiscal year 2004-2005, the time bank shall be 1500
hours, covering the period October 1, 2004 though September 30,2005. For fiscal year 2005-2006, the time
bank shall be 1500 hours, covering the period October 1, 2005 through September 30,2006. Unused time
bank hours from one contract year shall rollover to the next contract year, not to exceed a total maximum of
3000 hours per contract year. No more than two (2) employees per shift may be granted union time bank leave
at anyone time. The President of the IAFF shall provide a minimum of twenty-four (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 7.10 of this Agreement. In addition, administrative time which has been provided in the
past (as determined by the Fire Chief), to the President, other members of the Executive Board or other IAFF
members, shall be provided for attendance at two mutually agreed upon conferences each year of this
agreement and such events shall not be included in the 1500 hour time bank. All other union convention time
other than these two conferences shall be part of the union time bank.
The Management of the Miami Beach Fire Department or the City Administration reserves the right to rescind
the provisions of this Article in the event that it is found to be illegal. Canceling the Article shall not preclude
further discussions of the President's release for Union business.
6.10. Line of Duty 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.
IAFF-11
6.11. Chanl!e in Shifts. The City agrees to give employees covered by this Agreement notice prior to any
change in shifts, such notice to be at least seven (7) days prior to the change unless circumstances do not
permit.
6.12. Fire and Rescue OffDutv Services. It is recognized that members of the bargaining unit are offered the
opportunity from time to time to perform services utilizing their expertise and training for the benefit of private
persons or entities, or public organizations or entities other than the City of Miami Beach. In such cases, the
rate for the performance ofthese off-duty jobs shall be at a uniform hourly rate established by the Fire Chief in
consultation with the President of the Union. The parties recognize and agree that the performance of these
off-duty jobs or details do not constitute employment by the City of Miami Beach and that payment for these
services will be made by, and is the responsibility of, the other employer. Performance of this work shall be on
a voluntary basis and there shall be lists of persons who wish to volunteer established a basis which is mutually
agreeable to the Chief and the President of the Union.
6.13. Promotional Examinations and ADDointments.
A. Promotional examinations for the position of Fire Captain, Fire Lieutenant and Fire Fighter IT will be given
at least once every two (2) years in such fashion as to provide continuously active promotional lists. In the
event that a promotional examination is delayed, the eligible candidates for that examination shall be those
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 two (2) years from the retroactive effective
date. In the absence of an active promotional list, if there is a budgeted promotional vacancy that the City
intends to fill and the City determines that the promotional list will not be available for up to one hundred
fifty (150) days, 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, where it is clear that through no fault of its own the City fails to
provide a promotional examination and list following the one hundred fifty (150) day period, any
promotional appointments to vacancies created during the period when no eligibility list existed shall be
IAFF - 12
retroactive back to the one hundred fifty fIrst (151 s~ day from the date the previous list expired and the
City shall provide retroactive compensation and seniority to those individuals who are so appointed.
B. A preliminary list of authoritative sources from which technical knowledge for the behavioral assessment
component and the written test questions will be draMl; may be established on a permanent basis. These
preliminary sources will be compiled by a Book Committee consisting ofthe Human Resources Director,
the Fire Chief, the Union President and the test developer or their designees. These committee members
will be responsible for the authoritative sources for Firefighter II, Fire Lieutenant and Fire Captain. At
least ninety (90) days prior to the scheduled date of the 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 draMl. Any revisions to the established
permanent booklist may be requested by the Human Resources Director, the Fire Chief, the Union
President and the test developer or their designees, but such request must be made no less than 120 days
prior to the scheduled date of the promotional examination. The Human Resources Director, the Fire
Chief, the Union President and the test developer or their designees will convene as a committee to make
the necessary changes to the authoritative sources. However, a final notice must be posted at least ninety
(90) days prior to the scheduled date of the promotional examination. The technical knowledge for the
behavioral assessment component shall be based on written standard operating procedures (SOP)/standard
operating guidelines (SOG) and/or agreed upon authoritative sources.
c. Candidates meeting the time in grade service requirements on or before the date of the fIrst assembled test
component is scheduled (as set forth in Section (A) above) for administration or any other agreed upon
date (signed by the Union President and the Human Resources Director) are eligible to apply to take the
promotional examination for their next higher rank.
D. There shall be at least two (2) post-test review/scoring sessions conducted on separate days and occurring
within forty-eight (48) hours ofthe administration ofthe written examination. Each examinee will be able
to review a copy of his OMl answer 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 draMl. Challenges will be written and submitted to the test developer during the post-test
review sessions. The test developer shall conclusively decide all challenges.
IAFF-13
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. 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 session. Applicants may not take any written notes or
test materials from the post test review. The test developer shall conclusively decide all challenges. 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 last examinee's submission of challenges.
E. For written promotional examinations for Firefighter II, Lieutenant, and Captain, the raw passing score
will be seventy percent (70%) after all challenges have been resolved by the test developer. Assessment
components will be used for promotions to Lieutenant and Captain, but not for Firefighter II promotions.
After consultation with the Union President, the City will select an independent, qualified service provider
to furnish and administer 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 Lieutenant and Captain will constitute fifty
percent (50%) and the behavioral assessment components will constitute fifty percent (50%) of the
examinee's combined score. Seniority and education points in accordance with the following
specifications will then be added to the combined score after the candidate has successfully passed all
components for the promotional examination.
PROMOTIONAL CREDIT
Promotional credit shall be limited to a maximum value of six (6) points, divided between two (2) components
- seniority and education.
IAFF - 14
Seniority
Seniority shall be determined using the following formula:
(LS + TIG) x 0.24 = S
LS shall be defined as length of service with the Miami Beach Fire Department. TIG shall be defined as
time in grade (time as a Firefighter II, Lieutenant or Captain). S shall be defined as Seniority and shall be
given a maximum value of3.6 points.
Education
Education shall be determined using the following formula:
Technical training hours (IT x .000287) =
College credit hours non-related (CCNR) x .01 =
College credit hours related (CCR) x .02 =
Associate degree in EMS or FS @ 1.2
Associate degree in EMS or FS plus additional CCNR or CCR
Bachelor degree in EMS or FS @ 2.4
(max 1.2)
(max 1.2)
(max 1.2)
(max 2.4)
(max 2.4)
Technical training hours (IT) shall be documented hours spent training injob specific tasks and not counted as
college credit hours. 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 from an accredited college or university in the degree track for that college or university's
Fire Science (FS) or Emergency Medical Services (EMS) degree 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 (FS) or Emergency Medical Services (EMS) shall be a degree received from an 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 associates or bachelor, shall count
IAFF - 15
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 will be the start of the candidates' individual appointment time. All
applicants must be present during the entire document review process to confIrm documents and answer
questions. Applicants must submit the Promotional Credit Formula (above) for each document that they would
like considered. 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 oftechnical
training hours or 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 either technical or college credit hours.
A promotional list will then be created listing examinees in descending, numerical order of final score. The
Fire Chief will appoint from this promotional list. Skip-overs may result from an examinee being rated
unsatisfactory in two (2) or more evaluation elements within the last twelve (12) months; being issued three (3)
or more written reprimands/suspensions within the last twenty-four (24) months; serving under a Last Chance
Agreement; or being physically/mentally unqualified to perform the essential functions of the position.
Promotions shall be made by rank order provided that the ranking 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.
lAFF - 16
The parties agree to review the formula for promotional credit and to implement such revisions as the parties
may agree upon in writing.
Section 6.14. Lil!ht Duty Assil!nments. 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 in sufficient detail to satisfy the Chief. The Chief reserves the right to request a
second opinion from a City-appointed physician. The establishment, duration, work hours, and content oflight
duty assignments are at the sole discretion of the Fire Chief and may be modified or ended at any time.
6.15. Iniurv Service Connected. 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 Firefighter func~ons within the City limits of Miami Beach while
off duty; or while working a departmentally sanctioned off-duty job; or
c) while exercising Firefighter functions when there is a physical danger to a person and the
employee takes reasonable action off duty in 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
IAFF-17
d) when operating a City vehicle, being duly authorized to do so by the City; or while on a
reasonably direct travel route to or from work and home in their private vehicle while within
the City limits; or
e) while participating in organized fire service training that is approved in writing by the Fire
Chief after consultation with the Risk Management Office.
In the circumstances described above (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 hislher sole
discretion, may extend the above-described I.S.C. payments beyond thirty-two (32) weeks. This decision is not
subject to grievance or arbitration. The approvals for receipt of this compensation as presently required shall
be continued.
6.16. JUry Dutv. Bargaining unit personnel who are summoned to jury duty shall be covered by the
following:
a) Personnel who are released from jury duty and who are not required to return for jury duty the
following day 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 after 3:00 p.m., he/she is not 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.
IAFF - 18
Section 6.18. Infectious Disease Presumution. Any condition or impairment of health caused by Human
Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIY/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. Within three (3) months of the date this Agreement is ratified, current bargaining unit employees who
have not already done so shall take a medical exam that tests for any evidence ofHIV / AIDS Hepatitis,
and Pulmonary Tuberculosis at a hospital or accredited testing laboratory chosen by the City, on their
own time, and at the City's expense. Current employees shall be afforded the presumption of work
related illness relative to the contraction of HIY/AIDS, Hepatitis and Pulmonary Tuberculosis or
Meningococcal Meningitis.
b. Effective October 1, 2001, New hires shall acquire the presumption entitlement after completing a
pre-employment or post employment (post conditional offer of employment) medical exam that tests
for and fails to reveal any evidence of AIDS, Hepatitis, Pulmonary Tuberculosis, or Meningococcal
Meningitis.
c. Employees who refuse to take the pre-employment or post-testing related to presumptions mentioned
in this Section shall not be eligible for the presumptions.
Section 6.19. Seniority Bid System. It is understood by the parties that the current bid 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.
Section 6.20. Minimum Staffinl!. It is agreed that the staffing of the Department shall be in accordance 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.
IAFF - 19
ARTICLE 7
WAGES AND FRINGE BENEFITS
7.1. Wae:e Increases.
a. Effective with the first full payroll period that begins on or after October 5,2003, there shall be an
across-the-board wage increase of three percent (3%). In order to obtain any retroactive wage
increase, bargaining unit members must be employed with the City on the ratification date of the 2003-
2006 collective bargaining agreement.
b. Effective with the first full payroll that begins on or after October 3,2004, there shall be an across-the-
board wage increase of three percent (3%).
c. Effective with the ftrst full payroll that begins on or before October 9,2005, there shall be an across-
the-board wage increase ofthree and one-half percent (3 1/2%).
d. Merit and longevity increases shall become effective on the payroll period commencing nearest the
effective date, provided that the employee's performance has been rated as satisfactory for the prior
year.
7.2 Fire Rescue Division.
a. Employees who hold an EMT certificate shall receive a one and one-half percent (1 Yo) supplement
calculated on their base pay.
b. Employees who hold an EMT certificate and are assigned full time to the Fire Rescue Division, in
addition to a. above, receive a supplement of five percent (5%) calculated on their base pay.
c. Employees who hold an EMT certificate and have accumulated one year of assignment to the Fire
Rescue Division shall, in addition to (a) and (b) above, receive a supplement of two and one half (2
Yo%) calculated on their base pay.
IAFF - 20
d. Employees who hold a Paramedic certificate shall receive a seven percent (7%) supplement calculated
on their base pay. Effective September 30,2005, the Paramedic Certification pay supplement will be
7.75%. Effective September 30,2006, the Paramedic Certification pay supplement will be 8.50%.
e. Employees who hold a Paramedic Certificate and are assigned full time to the Fire Rescue Division
shall receive in addition to (d) above, a supplement of five percent (5%) calculated on their base pay,
plus two and one-half percent (2-1/2%) calculated on base pay.
f. Employees who hold a Paramedic Certificate and have accumulated one-year of assignment to the Fire
Rescue shall receive, in addition to (d) and ( e) above, a supplement of two and one-half percent (2
y,%) calculated on base pay for as long as they are assigned to Fire Rescue.
g. An employee who is reassigned out of the Fire Rescue Division and is subsequently reassigned back to
the Fire Rescue Division will receive the same amount of supplement as he/she was previously
receIvmg.
h. Employees shall not receive pay supplements for both EMT and Paramedic certifications.
Paramedic Traininl!:
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 Community College or other designated educational institution for acceptance
into their paramedic program. The department will allow a minimum of six (6) 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 Chiefwill also determine the
appropriate number of bargaining unit employees within each rank that will be considered for enrollment. The
City will pay for the paramedic course, lab fees, required textbooks, and related medical exams and
vaccinations.
Prior to the beginning of the school semester, bargaining unit personnel who have been accepted into the
program will be transferred to a shift that allows them the opportunity to attend required classes on duty. This
attendance will be governed by policies developed by the Fire Chief, including but not limited to, dress code,
IAFF - 21
travel time, schedules, etc. The Fire Department shall not be responsible for additional on-duty time or
expenses for bargaining unit personnel who are required to repeat portions of the paramedic course for
graduation.
Bargaining unit personnel eligible for participation in this program will be allowed to submit a written request
for a one-time deferment upon notification by the Fire Chief that they are being processed for the next available
class. Any requests for deferment must be directed to and received by the Fire Chief within fifteen (15) days
from the date of notification to ensure that there will be an adequate number of students available for entry into
this program.
An employee granted a deferment will not be considered eligible for participation for a period of one (1) year
from the date of deferment, at which time he/she will be required to make application to Miami-Dade
Community College or other designated educational institution for acceptance into the next available
Paramedic Training Program.
While attending paramedic school, bargaining unit personnel will not be permanently assigned to any division
that would require payment above base salary. For example, personnel will not be assigned 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.
7.3 Fire Prevention Duties.
a. Employees who are assigned full time to the Fire Prevention Division shall receive supplement of five
percent (5%) calculated on their regular base pay until relieved from the assignment.
b. Employees shall receive an additional two and one-half percent (2 Y>%) 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.
c. An employees who has been assigned to the Fire Prevention Division for a year after receiving the
State Fire Inspector Certificate shall receive an additional two and one-half percent (2 Y>%)
supplement, thus making the total supplement equal to five (5%) per cent.
IAFF - 22
d. An employee who is assigned out of the Fire Prevention Division and is subsequently reassigned to the
Fire Prevention Division will receive the same amount of supplement as he /she was previously
receIVIng.
e. Employees shall remain solely responsible for obtaining and maintaining a State Fire Inspector
Certificate. Such costs involved in obtaining and/or maintaining a State Fire Inspector Certificate shall
remain the responsibility of the employee.
7.4. Support Services Division.
a. Employees who are assigned full time to the Support Services Division shall receive supplement of
five percent (5%) calculated on their regular base pay until relieved from the assignment.
b. Employees shall receive an additional two and one-half percent (2-1/2%) supplement upon receipt of a
State Fire Instructor Certificate and shall continue to receive such supplement until the Certificate
expires, regardless of his /her divisional assignment.
c. An employee who has been assigned to the Support Services Division for a year after receiving the
State Fire Instructor Certificate shall receive an additional two and one-half percent (2-1/2%)
supplement, thus making the total supplement equal to five percent (5%), so long as he possesses a
Support Services Certificate, and for as long as the assignment to Support Services continues.
d. An employee who is assigned out of the Support Services Division and is subsequently reassigned to
the Support Services Division will receive the same amount of supplement as he/she was previously
receIvmg.
e. One Certified Air Room Technician per 24-hour shift shall be assigned to the Support Services
Division. However, in the event of a determination by the air packs' regulatory body that fIre fighter
air packs cannot be serviced by City personnel, then this operation would cease.
f. Employees shall remain solely responsible for obtaining and maintaining a State Fire Instructor
Certificate. Such costs involved in obtaining and/or maintaining a State Fire Instructor Certificate
shall remain responsibility of the employee.
IAFF - 23
7.5. Work Out of Classification. When the City assigns a Fire Fighter I, Fire Fighter II, Lieutenant, or
Captain to work in a higher position for more than one hour, he/she shall receive an increase of One Dollar
($1.00) per hour for all hours during which the assignment continues on that shift.
7.6. 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 ofW ork. 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 Fire Fighters, 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.
7.7 Call-in Guarantee. A member ofthe 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.
7.8. Holidavs. The following holidays shall be granted to all members ofthe bargaining unit accordingly:
Holidavs
Desilmated Date
New Years Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
The Day after Thanksgiving
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1 Sl Monday in September
November 11 th
4th Thursday in November
4th Friday in November
IAFF - 24
Christmas
Employee's Birthday Anniversary*
Three (3) Floating Holidays**
December 25
* Birthday anniversary shall be twenty-four (24) hours for 24-hour shift employees and eight (8) or ten (10)
hours for 8/10 hour shift employees.
** Three (3) floating holidays often (10) hours or eight (8) hours for 8/10 hour shift employees, and one (1)
36 - hour shift floating holiday for 24-hour shift employees.
a. Floating holidays are to be selected by the employee, subject to the Fire Chief or designee's approval,
during each 26 pay period year.
b. Bargaining unit members shall be eligible to use Floating Holidays and Employee Birthday
Anniversary holidays after six (6) months of continuous employment 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 holidays.
e. Any additional holidays so designated by official action of the City Commission shall be added to the
above list.
f. Effective October I, 2003, for twenty-four (24) hour shift personnel only, an employee whose R day
or regular day off falls on a holiday will have the option of an altemate holiday of twelve (12) hours at
the employee's regular straight time rate of pay, to be used within twelve (12) months of the holiday,
or receiving pay for eight (8) hours at the employee's regular straight time rate of pay. An employee
choosing an alternate holiday must take such day at the Fire Chiefs discretion. Employees must make
their choice as to receiving an alternate holiday on January 1, April 1, July 1, and October 1, for the
forthcoming quarter. Failure to timely make this choice shall be construed as an election of pay.
7.9. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits presently enjoyed by the
employees covered by this Agreement shall continue for the term of this Agreement.
IAFF - 25
7.10. Nel!Otiation Pay. The Union's Negotiation Committee, said Committee shall be composed of not more
than five (5) members of the bargaining unit selected by the Union. Four (4) committee members, not more
than two (2) of whom are on the same tour of duty, shall be allowed time off with pay to participate in any
negotiations conducted pursuant to Chapter 447 of the Florida Statutes on any day or days on which
negotiations are held during their regularly scheduled tour of duty. Employees shall not be paid for time spent
in negotiations on off-duty days. The Union shall notify in writing the Fire Chief and the City Manager of the
names of the members of the Negotiations Committee and of any changes in the members of said Committee.
7.11. Sick and Vacation Leave Accrual and Maximum Payment on Termination. The present policy
concerning sick leave (including the policy for payment upon termination, retirement, or death), accrued sick
and vacation time combined, up to a maximum of one year's salary, shall continue for all employees hired
before October I, 1978.
Effective October I, 1978, all new employees covered by this Agreement shall, under applicable ordinances,
rules and regulations, be allowed no accumulation of vacation leave, except in accordance with provision for
postponement of vacation leave as set forth in Article 7, Section 7.9, of this Agreement; be permitted to
transfer sick leave in excess of 360 hours to vacation leave at the rate of two days sick leave to one day
vacation leave to be used in the pay period year when transferred; be permitted a maximum payment at time of
termination, death, or retirement of360 hours vacation leave and one half of sick leave to a maximum of360
hours. Effective October 1,2004, the Must Use Cap on vacation accrual will be raised from 360 hours to 460
hours (and from 540 hours to 690 for 24-hour shift employees).
The amount paid upon retirement, termination, or death will not exceed 480 hours and effective October 1,
2004, will not exceed 580 vacation hours (720 hours for 24-hour shift employees and effective on October 1,
2004, 870 hours for 24-hour shift employees) for post 1978 bargaining unit members paid at one hundred
percent (100%).
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.
Value of accumulated sick leave hours upon termination, retirement, or death shall be at one hundred percent
(100%) for 120 hours, (180 for 24-hour day-shift personnel) of the minimum balance and fifty percent (50%)
for up to 240 hours (360 hours for 24-hour day shift personnel) of any remaining hours.
IAFF - 26
7.12. Hours of Work.
a. The average pay period for twenty-four (24)-hour shift personnel covered by this agreement will be 96
hours in a 14 day period and the three (3) 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 for 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
(10) eight (8) hour days per pay period. 8/10 hour shift personnel shall not be eligible to receive or
accrue R-days.
7.13. Insurance.
For Fiscal Year 2003-04, The City will continue to fund the current contribution amount for health care,
defined as medical and dental. Such contribution is currently:
Single:
Emp. +1:
Family
$318.07
$775.03
$785.53
($307.86 Medical + $10.21 Dental)
($755.33 Medical + $19.70 Dental)
($755.33 Medical + $30.20 Dental)
In future years, the City's contribution shall increase based on the Florida Fire Fighters Insurance Trust Fund's
annual cost projections based on claims experience and administrative costs as determined by its qualified
consultant and documents supporting the annual percent increase; however, the City's increase to the current
contribution amount to the health trust shall not exceed the average of the straight line percentage** increase in
premiums for the City's various medical plan options plus the equivalent dollar amount increase that the City
may receive for it straight line percentage increase in the premiums for the City's dental plan options.
For example, the City's average of the straight line percentage increase in premiums for the City's various
medical plan options increase is 8%and the straight line percentage increase in premiums for the dental plans
is 3% The Trusts projected cost increase is 10% The City will increase the monthly amount it pays during
fiscal year 2004-05 from $307.86 for single medical coverage to $332.49 (8%) plus $1 0.52for single dental
IAFF - 27
coverage,for a total single contribution of$343.01. Ijthe Trust were to calculate an amount lesser than the
City's increase, for example a 5% increase, and the City's increase is 8%, the City will contribute the lesser
amount of increase, which would be 5%.
Conversely, ifthe City's renewal rate is flat, or a negative percent, then the City's contribution to the health
trust for that particular fiscal year will be based on the average percent increase of the Fire Health Trust in their
previous three years based on the Florida Fire Fighters Insurance Trust Fund's annual consultant's cost
calculations based on claims experience, and administrative costs.
The City's contribution amounts will help fund the level of benefits provided under the current plan as of the
date this contract is signed. * If plan design changes cause an increase in the Trust fund premium, the City is
not required to increase its contribution as a result of the plan design change.
Financial disclosure reports are to be presented to the City Manager no later than July 1 st of each year. Such
report must include the increase percent identified by the Trust's plan consultant for the following City fiscal
year. The City understands that it will provide the projected renewal information to the Trust, by July 1 st of
each year, and that the final renewal rates will be submitted when they are available, and prior to October 1 st of
each year.
The City will be notified of the annual meeting at which benefit changes are under consideration and the City
shall be allowed to send a representative to that meeting. Also, any consulting reports analyzing benefit
changes will be provided to the City 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 year 03-04.
**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.
a. 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
IAFF - 28
they choose, will have the options of coverage as set forth in that Plan. Non-bargaining unit State
certified firefighter employees in the Fire Department have the option of coverage under the City-
provided plan or Firefighters Plan, but not both.
b. All members of the bargaining unit who were members of the Union on September 1, 1986, and who
retire on or after October 1, 1986, and non-bargaining unit employees who opt for the Firefighters
Plan and who retire on or after October 1, 1986, shall be covered by the Firefighters Plan to the extent
they choose to have medical benefits provided to them and their dependents during retirement.
c. The City 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.
d. Employees covered by this Agreement who retire, resign, or are terminated by the City must be vested
in the PolicelFire pension plan at the time of such retirement, resignation or termination in order to
receive a contribution by the City towards hislher health insurance premium after such retirement,
resignation or retirement.
e. 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.
7.14. Recertification. Time spent while off duty in classroom (including the test) or lab settings to obtain
recertification in accordance with State of Florida requirements is not time worked and will not be
compensated by the City. Books and tuition for such courses will be paid for by the City. Under present state
recertification procedures, the City will pay a $300 paramedic recertification bonus. Non-paramedic
employees who are required to obtain EMT recertification shall be provided with the state required instruction
while on duty.
7.15. Court Time. When an employee is required to appear in court or at a deposition by the State Attorney,
public defender, or a federal agency, or is required to appear in court or at a deposition in a civil matter which
involves the employee's employment with the City, (except that when the employee is a Plaintiff in any
litigation against the City, when the litigation involves one employee who is suing another employee, and/or
IAFF - 29
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 offour (4) hours at the overtime rate if the
court appearance or deposition is not contiguous to the regular duty shift. If the court appearance or deposition
is contiguous to the regular duty shift, the minimum guarantee shall be two (2) hours at the overtime rate.
7.16. On-Call. Employees who are placed in an on-call status as primary respondents for periods of one
month at a time will be paid a $100.00 bonus for each such month. This bonus will not be treated as a wage
payment for any purpose save federal taxes and is not pensionable for purposes of retirement calculation.
7.17. Shift Training Coordinator. One employee on each operating 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.
7.18. Pension Pick-Un. The City agrees subject to and in accordance with IRS code and regulation that
pension contributions, although designated as employee contributions, will be paid by the employer in lieu of
contributions by the employee.
7.19. 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 one dollar ($1.00)
per hour for all hours during which the temporary assignment continues.
7.20. Pension. The pension benefits as they currently exist shall continue, except that the City shall amend
the pension plan to provide the following benefits for plan members who retire on or after October 1, 2001:
A. Members with 20 or more years of creditable service who are eligible to receive normal or early
retirement benefits under the System may purchase additional creditable service under the System for
up to 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 year of creditable
service for prior public safety service purchased shall be the same 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
IAFF - 30
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. Members with 20 or more years of creditable service who are eligible to receive normal or early
retirement benefits under the System 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 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.
a. DEFERRED RETIREMENT OPTION PLAN (DROP)
1. Eligibility - Any active employee member of the Miami Beach Police and
Firefighters Pension Plan may enter into the DROP on the fIrst day of any month
following the date upon which the employee first became eligible for a normal
service retirement, subject to the conditions expressed herein or as modified from
time to time.
2. Conditions of Eligibility - Upon becoming eligible to participate in the DROP, an
employee may elect to enter that program for a period not to exceed 36 months.
Notwithstanding, participation may not continue beyond the date when the
employee's combined years of creditable service and time in the DROP equals 352
months (387 months for employees who were Plan members prior to July 1, 1976),
except for those persons entering the DROP under the window period set forth in
Paragraph 11 below. Provided also that participation in DROP shall require the
employee to complete and submit the following prior to start of DROP payments.
a. Such forms as may be required by the Pension Board of Trustee's Plan
Administrator. Election in the DROP is irrevocable once DROP payments
begin.
IAFF-31
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 ofhis/her election to participate
in the DROP fIrst becomes effective.
b. The employee shall not accrue any additional credited service while he/she is
a participant in the DROP, or after termination of participation in the DROP.
c. A DROP participant is not eligible for disability benefits from the Plan.
d. An employee may participate in the DROP only once.
e. Effective with the start date of an employee's DROP participation,
contributions to the Pension Plan by the employee and the normal cost
contribution to the Pension Plan by the City, on behalf of the employee, shall
cease.
5. Payments to DROP Account - A DROP account shall be created for each member who
elects to participate in the DROP. A DROP account shall consist of amounts transferred to
IAFF - 32
the DROP from the Plan, which include the monthly retirement benefits, including any future
cost of living increases, that would have been payable had the member elected to cease
employment and receive a normal retirement benefit upon commencing participation in the
DROP, and earnings on those amounts.
6. DROP Account Earnings
a. Members may direct their DROP money to any of the investment options
offered and approved by the Board. Any losses incurred by the participant
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 eamings shall be credited to the participant's
DROP account.
b. A member's DROP account shall only be credited or debited with eamings
while the member is a participant in the DROP and, depending on the DROP
Account Payment Options selected, after the member dies, retires, or
terminates employment with the City of Miami Beach.
7. Payment of DROP Account Funds - Upon termination of a member's employment (for any
reason, whether by retirement, resignation, discharge, disability, or death), the retirement
benefits payable to the member or to the member's beneficiary shall be paid to the member or
beneficiary and shall no longer be paid to the member's DROP account. No payments will be
made from the DROP account until the member terminates employment.
8. DROP Account Payment Options - Following the termination of a participant's
employment, the participant shall select one of the following options to begin to receive
payment from hislher 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:
IAFF - 33
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 hislher account balances are
paid out in full, the participant member's designated beneficiary shall have the same rights as
the member to elect and receive the pay-out options set forth in Paragraph 8, above. DROP
payments to a beneficiary shall be in addition to any other retirement benefits payable to the
beneficiary.
10. Administration of DROP Accounts
a. The Pension Board of Trustees shall make such administrative rules as are necessary
for the efficient operation of DROP, but shall neither create any rule that is
inconsistent with the legislation creating the Drop, nor any rule that would be a
mandatory subject of collective bargaining.
b. At all times, the DROP will be administered so that the Plan remains qualified under
the Internal Revenue Code and is in compliance with the Internal Revenue Code and
applicable laws and regulations.
1 I. If any provision of this DROP should be found invalid, unlawful, or not enforceable by reason
of any existing or subsequently enacted legislation, or by judicial authority, or by an IRS
lAFF - 34
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 Plan then the City and the Union shall negotiate a method to
compensate the affected employee for the difference between the normal pension benefit and
the limits allowed by the Internal Revenue Code provided that no such resolution shall
jeopardize the exempt status of the Plan under the Internal Revenue Code.
c. DROP Re-oDener. On or after January 1, 2006, the union reserves the right to re-open this article
to discuss a change in the DROP period, for a period not to exceed ninety (90) days.
D. "Me Too" 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 of90 days
from the date of the fIrst meeting, and in no event shall the discussions continue beyond the contract expiration
date.
Section 7.21. Buvback ofProbationarv 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.
Section 7.22. FirelRescue Recreation Fund. Unsolicited funds are received occasionally from citizens and
citizen groups for Fire Department personnel. These monies are used for the purchase of recreational
equipment and other similar activities.
Any disbursements of these funds will require two (2) signatures; the signature of the Fire Chief, and the
signature of an employee who is either elected by hislher fellow employees or who is appointed by the Fire
Union.
IAFF - 35
A posting will be made annually in each Fire Station showing the fund's balance, all disbursements, if any, as
well as what items or services were purchased for which Fire Station or Division.
Any alleged improprieties of the fund will be reviewed by the Fire Chief and the Union President. If there are
any problems or any negative public image projected by this fund or its disbursements, then the existing fund
balance shall either be returned to the donor, or be disbursed to a bona fide charity of the Union's choice, and
no new funds will be accepted.
Section 7.23. V otin2 Time. Given the availability of alternatives such as absentee ballots, the past practice of
allowing paid time off for voting shall be discontinued.
Section 7.24. Commission on Fire Accreditation International Pay Suuulement (CF AD. Bargaining unit
members shall receive fifty dollars ($50.00) per pay period. The union agrees to work with the City in order to
attain accreditation through the Commission on Fire Accreditation International. After attainment of
accreditation, (CF AI) 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.
IAFF - 36
ARTICLE 8
JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
8.1. Committee Make-uD and ResDonsibilities. In recognition of the City's and the Union's desire to
maintain the highest standards of health and safety in the Fire Rescue Department, a Joint Occupational Safety
and Health Committee will be established. This committee shall consist ofthree (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. The Committee shall make inspections of Fire Department facilities on a semi-annual basis or
by special request.
c. The Committee shall keep minutes of each meeting.
d. The Committee shall meet on a regular basis at mutually agreed times. Four (4) members of
the Committee shall constitute a quorum, providing that equal representation is available, at a
scheduled and posted meeting.
e. The Safety and Health Committee established by this Agreement shall evaluate changes in
specifications for bids for protective clothing, equipment, tools, appliances, and apparatus,
and shall issue its recommendations in a report to the Fire Chief.
f. The Safety and Health Committee will evaluate the types of helmets, gloves, breathing
apparatus, and protective clothing on a semi-annual basis. A report of this evaluation will be
made to the Fire Chief.
g. A separate City-Wide or Departmental Safety Committee will review and analyze all reports
of accidents, deaths, injuries, and illnesses.
IAFF - 37
8.2. Personal Eauipment. 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 offour (4) members ofthe 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 Testinl!:. 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 Oualitv 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).
IAFF - 38
ARTICLE 9
LEAVE OF ABSENCE
9.1. Educational Leave and Tuition Refund. Subject to applicable Personnel Rules, an employee may
request an educational leave of absence without pay to take a course or courses in a field related to the work
assignment of said employee. The City's tuition refund program shall be continued for the term of this
Agreement.
9.2. Bereavement. Where there is a death in the immediate family (mother, father, grandparents,
grandchildren, current spouse's parents, brother, sister, current spouse, children, or stepchildren) of an
employee he shall be allowed two (2) days off (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. In such circumstances, additional time off may be
granted by the Fire Chief or designee, and shall be chargeable to the 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 back program. Requests for additional time off shall be
submitted in writing to the Chief.
IAFF - 39
ARTICLE 10
TRANSFER OF SERVICES
10.1. Notice. The City agrees to keep the Union advised concerning any plans for, or implementation of, a
transferal of any services presently being performed by bargaining unit members.
10.2. Discussions. The City agrees to hold discussions with representatives of the Union upon request of the
Union, for the purpose of permitting the Union an opportunity to comment upon any proposed transferal of
services and/or suggest alternatives to all or any portion of the plan for transferal.
IAFF ....40
ARTICLE 11
DRUG/ALCOHOL TESTING
Section 11.1. Selection. In an effort to identifY and eliminate on-duty or off-duty controlled substance/alcohol
abuse, urinalysislbreathalyzer tests shall be administered as provided herein. Employees shall be advised of
their contractual rights relative to this Article any time a urinalysislbreathalyzer alcohol test is required.
Employees refusing to submit to a urinalysislbreathalyzer test under the provisions set forth herein shall be
dismissed.
a. Random Screening: Effective October 1,1998, all employees shall be required to submit to urinalysis
once per calendar year. Employees shall be selected using a random selection process agreed to by the
Union and the City, and shall be tested during their normal tour of duty.
b. Random Screening: Effective October I, 1998, all employees shall be required to submit to urinalysis
once per calendar year. Employees shall be selected using a random selection process agreed to by the
Union and the City, and shall be tested during their normal tour of duty.
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.
IAFF - 41
Section 11.2 Screeninl!:.
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 (GeMS) or
equivalent testing method. Testing shall be performed by an accredited, State licensed clinical lab.
b. Except in the case of alcohol testing, if the employee chooses to submit a second, separate sample it
shall be collected at either a hospital or accredited, State licensed clinical lab, chosen by the City,
within four (4) hours of the time the initial sample is submitted. If the employee declines to submit a
second, separate sample or is unable to submit a second, separate sample within the four (4) hour time
period, the retained portion of the initial test shall be used for any additional confirming tests. Any
additional confirmation testing shall only be conducted following a positive result from the initial test,
and shall be performed at a second, separate State licensed clinical lab of the City's choice. All
additional confirmation testing shall be by GeMS or equivalent testing method.
c. For purposes ofreasonable belief screening criteria under Section I 1. 1 (b)(2), employees shall be
deemed alcohol impaired if their blood/alcohol level is measured at .04 or above.
The following concentrations shall be applicable for determining whether samples are positive for the
drugs or classes of drugs tested in the initial or additional confIrmation process. A positive result shall
be a concentration as set forth in NIDA (National Institute of Drug Abuse) five (5) panel screening
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 employee's last recorded residence shown on the Department's
personnel roster. The Union shall be advised of positive or negative test results to the extent that the
IAFF - 42
release of such information is consistent with Federal, State, or local laws regarding the privacy of test
results, unless the employee does not want the results released to the Union.
e. Employees ordered back to duty for testing shall be compensated under Article 7, Section 7.7, Call-In
Guarantee.
f. Disputes regarding the consistent application of the reasonable belief criteria cited herein shall be
handled under Section 11.3, Expedited Arbitration. Employees shall comply with the order to submit
a sample and simultaneously file a protest with the communicator of the order.
g. Employees who test positive for drug use and wish to attribute causation to a prescribed drug may
present evidence to the City Manager's designee and the laboratory's Medical Review Officer. The
decision of the Medical Review Officer will be conclusive.
h. Employees shall authorize release of drug/alcohol testing to the City.
Section 11.3. Expedited Arbitration.
a. Following ratification of this Agreement and prior to October 1, 1998, the President of the Union and
the Assistant City Manager for Labor Relations shall select two (2) permanent Arbitrators certified by
the American Arbitration Association (AAA) or other similar certifying agency, to hear employee drug
grievances. The Arbitrators will alternate, hearing only grievances where the employee alleges a
violation of Section 11.1 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 substancelblood
alcohol test.
b. Samples submitted under Reasonable Belief Screening criteria and grieved shall not be tested until the
Arbitrator has ruled affirmatively that there was reasonable belief to test the employee.
c. Any grievance must be in writing and submitted by fax or hard copy to the Division Chief or above on
the same day as the test or no later then the next weekday following the test.
IAFF - 43
d. Any costs associated with the Arbitrator's ruling shall be borne by the City if the Arbitrator rules there
was not reasonable belief to test the employee, and the sample( s) shall be properly discarded. Costs
associated with the Arbitrator's ruling shall be borne by the Union if the Arbitrator rules that there was
reasonable belief to test the employee, and the sample(s) shall be tested as outlined in this Article.
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 substancelblood alcohol test. The Arbitrator shall rule at the
close of the hearing and an oral response from the Arbitrator shall be sufficient to settle the grievance.
f. The Arbitrator shall serve from year to year and shall be appointed by letter, jointly signed by the
Union President and the Assistant City Manager for Labor Relations. Should the City and the Union
choose to remove an Arbitrator, the Arbitrator shall be notified and the parties shall agree on a
replacement. If they are unable to agree, each party shall put two (2) names into a hat and the name
drawn shall be the replacement for one (1) year.
Section 11.4. Rehabilitation. In the event that the results of the urinalysis/blood alcohol test are positive, the
following shall apply:
a. At the discretion of the Fire Chief, the employee may be immediately relieved of duty however, he
shall first be allowed to utilize all of hislher accrued annual and sick leave, if appropriate, and then
shall be relieved without pay. The employee shall not be disciplined until a positive test result is
communicated to the City. However, if the employee's conduct in connection with the alleged
substance abuse amounts to conduct for which the City might otherwise discipline the employee, the
City may take disciplinary action prior to knowing of a positive test result.
b. The employee shall, at hislher own cost, within seventy-two (72) hours of a positive test notification
(excluding weekends and holidays) enter into a substance abuse treatment program approved by the
City and the Union and remain in the program until the employee has successfully completed the
program, including any required aftercare. If the employee fails to enter, participate in, and/or
IAFF - 44
successfully complete any part of the rehabilitation program, including any aftercare, he shall 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 urinalysislbreathalyzer test( s) for a period of two (2) years. The City shall be limited to six
(6) random urinalysis breathalyzer tests per twelve (12) month period, beginning from the date the
employee is cleared to return to work. 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 11.2 of this Article or this Section shall be terminated from
employment with the City.
IAFF - 45
ARTICLE 12
SAVINGS
If any provision of this Agreement is subsequently declared by the proper legislative or judicial authority to be
unlawful, unenforceable, or not in accordance with applicable statutes or ordinances all other provisions of this
Agreement shall remain in full force and effect for the duration of this Agreement. Upon issuance of such a
decision or declaration which is not appealed by either party, the parties shall, following a request by either
party, negotiate in good faith on a substitute article, section, or portion thereof.
IAFF - 46
ARTICLE 13
WAIVER AND ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had the right and opportunity
to make demands and proposals with respect to any and all subjects not removed by law from the area of
collective bargaining and that the complete understanding and agreements arrived at by the parties after
exercise of that right and opportunity are set forth in this Agreement.
Therefore, the Union waives the right, during the term of this Agreement, to bargain collectively with respect
to any subject or matterreferred to or covered by this Agreement, and it particularly waives the right to bargain
over the City's exercise of any of its management's rights set forth in Article 5 of this Agreement, e.g., changing
work hour schedule, transferring employees, laying off employees, etc.
The parties intend that this Agreement shall constitute the sole source of their rights and obligations from and
to each other for its term either by specific provision or by silence. If the Agreement does not prevent it, the
City may take any action (or fail to take any action) it desires and shall have no obligation to bargain with the
Union conceming 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 conceming 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 - 47
ARTICLE 14
TERM OF AGREEMENT
This Agreement shall be effective as of its ratification by both parties, and shall remain in force and
effect until the 30th day of September, 20@6. It shall be automatically renewed from year to year thereafter,
unless either party shall notify the other in writing at least sixty (60) days prior to the anniversary date that it
desires to modify this Agreement. In the event that such notice is given, negotiations shall begin not later than
thirty (30) days prior to the anniversary date. This Agreement shall remain in full force and effect during the
period of negotiations, unless either party gives the other party at least ten (10) days written notice of its desire
to terminate this Agreement, provided that such notice may not be given earlier than ten (10) days prior to the
anniversary date.
IAFF - 48
EXECUTED by the parties hereto on the date fIrst above written.
INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS LOCAL 1510,
AFL-CIO-CLC
CITY OF MIAMI BEACH, FLORIDA
By ~I ~_'f-C-=~BY~~_ ~~
David Noel 0 org~. Gonzalez
IAFF President
David Dermer
Approved by Vote of the SiJy Commission
on thel1~y of/i1H.1tt ,2004.
~o~~
Robert Parcher, City Clerk
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
Q~ Afi., llSIt((
City ~ Dale
IAFF - 49
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
(IAFF) LOCAL 1510
ELECTION OF REMEDY FORM
Grievance No.
1.
J/W e elect to utilize the Grievance Procedure contained in the current
Contract between the City of Miami Beach, Florida, and the IAFF. In
making this election, I/we understand that selection of another forum, as
defined by the IAFF Contract, shall bar any consideration of the Grievance
under the IAFF grievance and arbitration Article.
2.
J/We elect to utilize another forum for my/our grievance, and in doing so,
I/we understand that this election shall bar any consideration of this matter
under the IAFF grievance and arbitration Article.
Signature
Date
Subject of Chievance/l\ppeal:
IAFF - 50
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 himlher of such written notice, by
filing a written request for a hearing to the Hearing Examiner or hislher designee. If the tenth
day falls on a Saturday or Sunday, he/she will have the ability to file for an appeal on the
following Monday.
SECTION 2: DISCIPLINARY HEARINGS:
(a) The City Manager or hislher designee not later than ten (10) days after 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 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 or his designee at least ten
(10) days prior to the date of said scheduled hearing of appeal.
(b) The Hearing Examiner may, at the request of the Appointing Officer or the
Appellant, call or request any person or records for the purpose of ascertaining the
facts.
(c) The Appointing Officer or a representative designated by himlher, shall have the
right to be present at such hearing and to be represented by the City Attorney.
(d) The Appellant shall have the right to be present at such hearing and to be represented
by an attorney ofhislher 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 himlher.
(h) The Appellant shall have the right to be confronted by hislher accuser, and the
Appellant and the Appointing Officer shall each have the right to cross-examine the
witnesses of the other.
IAFF - 51
(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.
G) 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 or his/her designee shall promptly 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 ofthe [mdings ofthe Hearing Examiner shall be filed as a Public
Record in the Human Resources Department.
lAFF - 52
u.
u.
:;!;
i:::
o
'"
=>
.s:: e:
o '"
"'-
.,e..
al e:
.- 0
E+>
'" '"
,- 1Il
:2 e:
- .,
00.
,.,E
:!::':O
t)t)
1~1 I; co .... CD I
N on
~ cD ,.;
~ N N
CD
N
,on N
on V N '"
I V 0> V
.,; N <ri N I
0> ,.; N N I
-, ~ on
<Ii ~
on N
CD V<CD 0>
0> ~~ '"
CD ,.; on ~
CO N N
- on on
..,; 0
on N
N on CO 0 0> on ~ on 0> N '" CD CD N~ 0>
~ V CO 0> ~ ~ N V '" CO '"
0 <ri 0 ~ ~ cD .... -i 0 <ri cO
0 :; '" . CD 0 -i ~IM
C! '" '" ~.(") '" i5 N N ~ N
~ J: V on I q on ~
~ ....: '" en 0> <Ii
" ..,; CD N u:; ~
on CO .... .0
on on .0 N '" '" CD 0> ;:::0> CO 0 i""'" CO VN
''Cfe. "! CO N 0 CD CO N V ~~
0> .,; ,.; <ri 0 -i cD ~l~ ,.; .,; l~.l~ dari
0 ~ cD ,.;
'" '" '" .... '" N N ~ "'N
0 C> N CO '" .... <.0 .0
~ ~ N .... .CO
" '" ..,; N CO . N .
V CO .... V~ CDN
'" on i5 CO NL()COU"> (f") !'V on I ....N von
~I "! ijlil~ ~ I":~"'": V ~on ....0>
Iu.' CO 0> cD cD ajcvi
cD 0 ~ V 'N .... '
'" '" '" "'~N ~ am NN
1& V Nt
0 0 gl~
0 ..,; 0> . 'CD .
N " CDN '.q- "II""""
'" I
0
'"
0:: 0> CD CD CO"" '" N cola:> .... .0 N ....I~
~l~ ~ '" ~ ~ ~CD~ N t'-:co~ on I ~ (f')~CC!
~ '" <ri ,..:
:2b cD iii CD 0 ~ .~ IN<riN l~ .,......N
'" '" ~....", N ~ ~NN
WIIi W CD 0> .....u:;l aco
I~ CO -if. ~
Ii:~ N ~'N '""," "C"""" N
W
en
.,~ .0 O>IV
~l~ co~ 0....
,0 0<.0
I N ' I
~~ Cl l~~ N~
.CD
w~ ~'~
.S:
.,
Q) ~ CD co.o I
e:
0 I .... co~~
..J iii .0> on
I t) V ~l~~
co
oi
'"
~I~ co....
00 I
I cOlli
CO .0 ~~
al vv
....v
I ,.....-~
"'I ~I~
en'",
coO>
oLri ....v
on .0 ~~
,< .0 "'-
,.; ~
Q) - '"
e:
Q) e: '" -
l- e: I- - '(ii e:
'" $ ~ ~
~ Q. :> $ $
'" ., ~ .s::
e: t) :::i l;g
.2
~ I!! I!! I!! I!!
u: u: u: u:
- - ~ *' ~ ~ *' ~ *' *' *'
1Il :c .c :c :c :c .c
1Il <II .c <II .c <II <II
'" e.. on <II ~ .... <II ~ 0 <II ~ en <II ~
U W 0 ;;; " 0 ;;; " ~ ;;; " 0 ;;; "
In u:; ~ 0 ~ ~ 0 ~ ~ 0 u:; ~ 0
.a :z: on 'f on :z: :z:
0 0 .0 0 '" 0 .0 0 .0
-, z .. z .. z .. z ..
u.
u.
~
c:
o
'c:
::l
.s:: c:
o III
Ill-
QllL
al c:
.- 0
E~
'" '"
.- '"
:;c:
08-
:>.E
:!::: 0
tltl
T I \ N .rIN .....
N
~.....~ -i
cOmO> N
:.:: ONN
I IX>C'l
ON
'<0
C'lC'lN 0 I
~ ~I~ ~
I ..;
.., IX>~N N
~',N
..... -
",N
l~~ C'l ~l
.r
~-I~- <Ci
- N
"'N
'"
I
~ <0 C'l ~ ~~ ~ <0 ~ ..... ..... ..... <0 ~ NIX>
~ "! Ol
'#. '" ~ '" C'l ~ 0 C'l N <0"":
Ol 0 ..; '" ~IO ,..: ~ <ri ..; .,; 0 c>> . .....
C! '" C'l C'l N ~N
0 '" .r C'l0 C'l .r ~ N 0 0
~ ::I: c:i .r -0 '" 0 ~ <0
~ I C'i IX> - N N ai N
II Ol .....C'l
'" '" <0
I
i 0 N <O~ ~ N 0 '" ..... .....1X>0l '" C'l "'.....
'#. <0 <0 O"! N ..... ..... N ~~l~ N ..... 0lX!
<ri ~ ...:;:lj ..... <Ci .,; c>> ,..: .,; ..; . '"
0 N l~ N N C;;N
0 (!) ..... .r '" C'l ..... ~N~ IX> IX>
.,; N IX> 0 0)_' ..f .r
~ C'i N Ig N
" IX> ~ <0
.r
0 IX> ",C'l C'l Ol ~I~ I,..... O)~o ~10~~
~ ~"! IX>
'#. ~ 0 ..... ..... ~1lX! c>> . '" [<0 .
l~ N .N ..; ~ ...... . ....,.
.r~ l?lC'l Ol ;:ljN ~~~ co :g gr
u. C'l o_ N N
0..... ~ .....- <0 <X!. _C'l
o II C'i ~ I ...: (ON
NC'l I..... N ~
.r
c:i I
C'l
c:: <0 Ol IX> <0 !~ ~IN ~ If <0 N~ I; 00l0l
~* Iw ~ ~ NC! N N.r C! MN...... . O't"'"~
I~ ~ ~ ;; MN ..... . ' 'IX> ' . C'l
IX> N N......'t"'""l""" :gl~ N
:;C! <0_ 0lC'l ;:lj C'l,N
W'" IX>,0l ~, -.....-1 ai ::}l
I- " r--:C'i' ..... N 1O."l"'""
lLN ..... <0 .r '"
W I
(fl
.~ ~ I ! l.r N Ol .r I
N
-oU1 ~N <0 ,..:
~ari 0
QlN 0'" N ~
= II Cl N<O
w~ (f')'t"'"-
~ .r
.~
I~ Ol<O <0 IX>
I C'l
o.r <0 <Ci
~l~- c>>
itl ~ ~
~~
C'l0l N N
'"
I 0<0 <0 .,;
~a) <ri
1 ~-I~- ~ ~
lal
IX>~
C'l
I N Ol <0.
I .r 0; '" ~I I
I~- <Ci ,..:
0 ~
<( .r_
<0 ~
C'l
Qj" -
c:
- 0> - f- c: '"
c: c:
'" .~ $ ~ ~
~ ::J $ $
'" ,!!! .s:: ~
c: tl ...J ;g
,12
~ l!! l!! l!! l!!
f- I-- u: u: u: u:
!'" !!:l !!:l *' *' *' *' *' *'
'" .r= :E :E :E :E :E :E
'" lL .r= '" '" '" '"
'" '" '" ~ ..... '" ~ 0 '" ~ Ol '" ~
C3 w 0 "ii " 0 "ii " ~ "ii " 0 "ii "
I- ~ ~ 0 ~ ~ 0 ~ ~ 0 u:; ~ 0
.c (fl '" l' '" l' '" l' ::c
0 0 .. 0 .. 0 .. 0 cD
.., z ... z ... z ... z ...
u.
u.
~
c
o
'2
::l
.<= c:
o III
Ill-
.,0-
CJ c:
,- 0
E+=-
III III
,- U)
:; c:
08-
>>E
~ 0
UU
'" <Xl "<t '"
~
'" '" ~ LCi
-r:i~ ci
l<: "'~ '" '"
"'"<t
N-C\i
<0
'" <0 '" ~
"<l: '"
"<t <0 ..;
I ~ LCi a:i I
.., ~ '"
'" '" '"
m "'. I
'" '"
<Xl '" <0 0 !
<Xl
'" .... '" N
<ri a:i ,..: '"
- '" <Xl '"
~ ~
r-: '"
'"
'" '" "<t 0 <Xl <0 '" '" II "'''' ~ .... '" .... '"
'" '" ~ '" '" ~
~ C':! <0 ,..: LCi '" <Xl N <Xl 0 <Xl '" v a:i
Q ~ ... LCi a:i cwicO ~ ..; ci ..;
0 ~ ~ '" '" '" '" '"
:J: '" .... v 0 0 '" <Xl'" <Xl 0 0
~ C'i '" ~ o. v ....~
~ C'i ~ C'i i "', , l~ '"
II '" <Xl
'"
0 <Xl '" ~ .... '" '" ~I .... '" '" .'" '" <0'" <Xl
~ V V <0 ~ ....
~ ai '" v LCi <ri ~ '" '" <Xl <Xl ci ... <Ov <ri
Q ai N <ri <ri I~ LCi ... ccci
0 '" '" '" '" '" '"
~l (!) .... '" v ~ '" '" <Xl '" q ....'"
a:i '" r-: '" '" '"
C'i '" ~ Ill; '"
<Xl .... ,'"
I"'~'" .... <; '" .q'~ '" '" ~ .... 1f"[0 '" v
.... <0 '"
~ ..; ai ~ '" ' '" V <0 ai ~~ '" LCi
~I~I~ ai ,'" a:i a:i ..; ..;
Q '" .... ~'" ~ <Xl~ '"
'" '" '" co I~ <Xl '" m,l() '"
,..: U. <Xl .v
0 C'i '" '" .
0 II .... ~ <0'"
'" '"
0 ,
'"
OC I "'.... <Xl'" 0 .... '" <0 '" 8~ '" ;;1;'" .... ~
'" '" .... '"
LU li'li. ",,,,,: '" '" ~l '" a:i ' '" ~ ...
CJ ~ ' '" ~ ..; ..; ai ~I~ '" ' ai
Q ~'" '" ~ ~'" '"
:; c::> 0 <Xl '" ~~ ",,,, '"
LU '" LU 0 <0 ..... .'"
'" cD o .
l- II 0'" .... ~ <0'"
0- '" <Xl V
LU I
en
., ~ I I I <Xl'" ~'" I
,;:: Q ~~ "<l:l~
13 ~ MM
~ '" 01 It: t: N~I
II I
LU ~ ~(
z.
.~
g "'!"'Iv '"
'"
0 "'"<t'" <ri
...J "r...:o
...."'''' ~
U v<O
N~
V
I
~\~ .... <0 I I
0
'" <ri
I ~~ ai ~
CJ ~
~(
I[ "'I'" 0 ....
~ I
<O~ '" LCi
Ltlm a:i ~
< g'I~' ~
<Xl~
'"
I~ 'E
- ..
c: c: c:
.. '0; .g! ~ ~
e=- o. .g! .,
::l I~
.. ., ~
c: U :::;
,Q
13 ~ ~ ~ ~
- I- u:: u:: u:: u::
!'" .. II:: .. .. ~ II:: ~ ~
U) :E :E :E :E .<: :E .<: .<:
U) 0- Ul Ul U) CI)
.. '" CI) ~ .... CI) ~ 0 Ul ~ '" CI) ~
C3 LU 0 ii " 0 ii " ~I ii " 0 ii "
~ u:; E 0 ~ E 0 E 0 u:; E 0
.c :I: '" :I: :I: "i'
0 0 u. 0 u. i 0 u. 0 ...
.., z .. z .. z .. z ..