HomeMy WebLinkAbout920 Sanford Prof. Firefighters AGREEMENT BETWEEN
CITY OF SANFORD
AND
SANFORD PROFESSIONAL FIREFIGHTERS
LOCAL 3996
IAFF
(Fire Fighter/EMT/Engineer and Fire
Fighter/Paramedic)
(OCTOBER, 1, 2001 to SEPTEMBER 30, 2003)
1/30/02
ARTICLE 1
PREAMBLE
This Agreement is between the City of Sanford, Florida, hereinafter called the "City" and the
Sanford Professional Firefighters, Local 3996, hereinafter called the "Union."
ARTICLE 2
RECOGNITION
1. The City recognizes the Union as the exclusive bargaining agent for all employees
in the job classifications included in PEKC Certification No. RC~2000-01. Currently included in the
bargaining unit are all regular, full-time employees of the City of Sanford in the classification of Fire
Fighter/EMT/Engineer and Fire Fighter/Paramedic. Employees in these classifications shall be
covered by the terms of this Agreement unless excluded by mutual agreement of the parties, or
excluded from the bargaining unit by PERC. Excluded from the bargaining unit are the Fire Chief,
Deputy Fire Chief, Fire Marshal, Battalion Chief, EMS Battalion Chief/Manager, Training Officer,
Fire Protection Inspector, Fire Lieutenant and all other City employees.
ARTICLE 3
PREVAILING RIGHTS. RULES.'AND REGULATIONS
1 Except as otherwise provided herein, the wages, hours, and other conditions of
employment of the bargaining unit employees shall be those specifically set forth or specifically
incorporated by reference in this Agreement.
2 Except as modified by a specific provision of this Agreement, the Union agrees that
the employees covered hereunder shall comply with all rules, regulations, policies, procedures, and
operating bulletins of the City and the Fire Department, and any amendments thereto.
3 Should the City and/or the Department exercise this right to formulate, amend, revise,
and/or implement any and all rules, regulations, policies, procedures, and/or operating bulletins, the
City or the Department shall provide a courtesy copy of any new (or amended) rule, regulation,
policy, procedure, or operating bulletin to the Union at least seventy-two (72) hours prior to the
effective date of implementation. Simultaneous with providing a courtesy copy to the Union, the
City or the Department shall post at each fire station the new (or amended) rule, regulation, policy,
procedure, or operating bulletin. "Posting" may be accomplished through electronic mall,
telecommunication, bulletin board posting, or any other appropriate means.
4 In the event the City or the Department exercises its right to issue a new (or amended)
rule, regulation, policy, procedure, or operating bulletin, no bargaining unit employee shall be
disciplined for violation of any such new or amended role, regulation, policy, procedure, or operating
bullelm until the City and/or the Department has informed the Union of its posting of such new or
amended rule, regulation, policy, procedure, or operating bulletin in accordance with the procedure
set forth in paragraph 3 above. For the purpose of this Article, hand delivery or mailing to the Union
President, Vice President, or Secretary/Treasurer shall be deemed service upon the Union. Mailing
shall be effective upon deposit in the United States Mail by the City or the Department.
ARTICLE 4
NON-DISCRIMINATION
1 Neither the Union nor the City shall discriminate against or harass any employee on
the basis of any status protected by applicable law or Union membership or non-membership.
2 If, and in the event, an employee elects to seek remedy for alleged discrimination or
harassment by the filing of a complaint with EEOC or FCHR, then in that event, the subject of such
complaint may not also be grieved.
ARTICLE 5
STAFFING AND EOUIPMENT
1. The City shall determine the identity, number, skill level, and type of personnel to be
assigned the shifts, apparatus, and equipment. The City shall also determine the type and number
of equipment and apparatus to be used in the provision of fire and rescue services.
ARTICLE 6
SCOPE OF DUTIES
I. Barging unit employees shall be responsible for performing any and all job duties
falling within the generic scope of fire/rescue services. Additionally, bargaining unit employees may
be tasked with performing unrelated duties as the need arises. Bargaining unit employees shall
comply in a timely manner with all written and verbal orders given by superiors, even if such orders
are alleged to be in conflict with this Agreement, unless such order clearly places the employee's life
in unnecessary danger.
ARTICLE 7
MANAGEMENT RIGHTS
1. Except as specifically restricted by the provisions of this Agreement, the City has the
sole and exclusive right to manage and direct any and all of its operations. Accordingly, the City
specifically, but not by way of limitation, reserves the sole and exclusive fight to:
A. Determine the purpose and organizational structure of the Fire and Emergency
Service;
B. Exercise control and discretion over the organization and efficiency of operations of
the Fire and Emergency Service;
C. Set minimum performance standards for service to be offered to the public;
D. Increase, reduce, change, modify or alter the size and composition of the work force;
E. Determine the location, methods, means and personnel by which operations are to be
conducted;
F. Change or modify duties, tasks, responsibilities or job descriptions due to operational
requirements of the Fire and Emergency Service;
G. Transfer, assign, schedule employees in positions within the organizational structure
of the City and the Fire and Emergency Service;
H. Change or modify the number, types, and grades of positions or employees assigned
to an organization, unit, division, department, or project;
I. Decide the scope of the service;
J. Hire, examine, classify and/or otherwise determine the criteria and standards of
selection for employment;
K. Fire, demote, suspend or otherwise discipline bargaining unit employees for just
cause;
L. Test employees pursuant to the provisions contained herein and/or the City's Drug
Free Workplace Policy;
M. Promote and/or otherwise establish criteria and/or procedures for promotions within
and without the bargaining unit; and determine the number and types of positions as
well as the number and types of positions in each classification, grade, step or
designation in any plan which is or may be developed by the City;
N. Lay off and/or relieve employees from duty due to lack of work or lack of funding
or any other reason in accordance with City policies;
O. Recall employees in accordance with City policies;
P. Determine the starting and quitting time and the number of hours and shifts to be
worked;
Q. Determine the allocation and content ofjob classifications; and determine all training
parameters for all City positions, including persons to be trained and extent and
frequency of training;
R. Formulate and/or amend job descriptions;
S. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily
or permanently, in whole or in part, whenever in the sole discretion of the City good
business judgment makes such curtailment or discontinuance advisable;
T. Contract and/or subcontract any existing or future work;
U. Create, expand, reduce, alter, combine, assign, or cease any job;
V. Determine whether and to what extent the work required in its operation shall be
performed by employees covered by this Agreement;
W. Control the use of equipment and property of the City and detennine the number and
classifications of employees assigned to any shift, station or piece of equipment;
X. Determine the maintenance procedures, materials, facilities, and equipment to be
used, and introduce new or improved services, maintenance procedures, materials,
facilities and equipment;
Y. Take whatever action may be necessary to carry om the mission and responsibility
of the City in unusual and/or emergency situations;
Z. Maintain the efficiency of the operations of the Department;
AA. Have complete authority to exercise those rights and powers which are incidental to
the rights and powers enumerated above.
2. The above rights of the City are not all-inclusive but indicate the type of matters of
rights which belong 16 and are inherent in the City. Any of the rights, powers, and authority that the
City had prior to entering into this collective bargaining agreement are retained by the City.
3. If the City falls to exercise any one or more of the above functions from time to time,
this will not be deemed a waiver of the City's right to exercise any or all of such functions.
ARTICLE 8
DISCIPLINE AND DISCHARGE
1. The City Manager, or his designee, may fire, suspend, demote, or otherwise discipline
any bargaining unit employee for just cause.
2. In the event that a suspension, demotion or discharge action is taken against a
bargaining unit employee, he/she shall be furnished a written statement specifying the grotmds that
may exist for such action. Additionally, the bargaining unit employee may be provided with an
opporttmity to discuss such action with the Fire Chief (or his designee) and/or the City Manager (or
his designee) prior to such action becoming final.
3. All new hires shall serve a probationary period of at least one year. This probationary
period may be extended at the discretion of the Fire Chief. Probationary employees may be
separated from employment at any time, with or without cause. Probationary employees may not
avail themselves of the grievance and/or arbitration provisions of this Agreement regarding any
matter relating to the evaluation of their job performance or separation from employment.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 1. Bargaining unit employees will follow all written and verbal orders given by
superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with
such orders will not prejudice the right to file a grievance within the time limits contained herein,
nor shall compliance affect the ultimate resolution of the grievance.
Section 2. A 'Igrievance" is a claimed violation of this Agreement, including, but not limited
to, the claim that a discharge or other disciplinary action violated a specific provision of this
Agreement. No grievance will, or need be, entertained or processed, unless presented in the manner
described herein, and unless filed in a manner provided herein within the time limit prescribed
herein. Grievances are limited to claims which are dependent for resolution upon interpretation or
application of one or more express provisions of this Agreement.
Section 3. Grievances will be processed in the following manner and strictly in accordance
with the following stated time limits:
STEP ONE: The aggrieved employee shall present his grievance in
writing to the employee' s Battalion Chief within ten (10) calendar days of the
occurrence of the event(s) which gave rise to the grievance on the prescribed
grievance forms, which shall be standard forms used throughout the
grievance procedure. Upon receipt of the grievance, the employee's
Battalion Chief shall forward a copy of the grievance to the Fire Chief and
the City's Personnel Director. The grievance shall be signed by the employee
and shall state: (a) the date of the alleged events which gave rise to the
grievance; (b) the specific Article or Articles and Sections of this Agreement
allegedly violated; (c) statement of fact pertaining to or giving rise to the
alleged grievance; and (d) the specific relief requested. The Battalion Chief
shall, within ten (10) calendar days after presentation of the grievance, render
his decision on the grievance in writing with copies to the Grievant, the Fire
Chief, the Personnel Director, and the Union.
STEP TWO: Any grievance which cannot be satisfactorily settled in
STEP ONE above shall then be taken up with the Fire Chief or his designee.
The grievance, as specified in writing in STEP ONE above, shall be filed
with the Fire Chief within ten (10) calendar days after the due date for the
Battalion Chiefs response in STEP ONE above. The Fire Chief or his
designee shall conduct a fact-finding meeting with the Grievant, his/her IAFF
representative (if any), and the Battalion Chief. Thereafter, the Fire Chief
shall issue his decision in writing on the grievance, with copies to the
Grievant, the Personnel Director, and the Union within ten (10) calendar days
after presentation of the grievance at the fact-finding meeting.
STEP THREE: Any grievance which cannot be satisfactorily settled
in STEP TWO above shall then be taken up with the City Manager or his
designee. The grievance, as specified in writing in STEP ONE above, shall
be filed with the City Manager within seven (7) calendar days after the due
date for the Fire Chiefs response in STEP TWO above. The City Manager
or his designee may conduct a meeting with the Grievant, his/her IAFF
representative and appropriate Department managers. Thereafter, the City
Manager shall issue his decision in writing on the grievance, with copies to
the Grievant, the Union, and the Department within ten (10) calendar days
after the presentation of the grievance at this Step.
Section 4. If the Grievant is not satisfied with the City Manager's decision in STEP THREE
above, the Grievant may request arbitration by hand delivery or by certified or registered mail of a
written notice to the City Manager within seven (7) calendar days of receipt of the City Manager's
written decision. Said written notice of arbitration shall include a written statement of the position
of the Grievant with respect to the issues upon which arbitration is being sought. Under no
circumstances shall the issues to be arbitrated be expanded from the issues set forth in the original
grievance filed as STEP ONE of the grievance procedure.
Section 5. Within ten (10) calendar days from receipt of such notice of arbitration, the parties
shall meet to select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall,
within five (5) calendar days, jointly request a list of nine (9) qualified arbitrators from the Federal
Mediation and Conciliation Services. The Union and the City will alternately eliminate one at a tune
from said list of names persons not acceptable, until only one (1) remains, and this person will be
the arbitrator. The City and the Union will alternate in the right to first strike names in successive
arbitrations, with the strike of the first arbitration panel to be determined by the toss of a coin.
Section 6. As promptly as possible after the arbitrator has been selected, he shall conduct
a hearing between the parties and consider the grievance. The decision of the arbitrator will be
served upon the individual employee or employees involved, the City, and the Union in writing. The
expenses of the arbitration, including the fee and the expenses of the arbitrator, shall be shared
equally by the parties. Any party desiring a transcript of the hearing shall bear the cost of its
transcript unless both parties mutually agree to share the cost. Each party shall bear the expense of
its own witnesses and of its own representatives for purposes of the arbitration hearing.
Section 7. The arbitrator will confine his consideration and determination to the written
grievance presented in STEP ONE of the grievance procedure. The arbitrator shall have no authority
to substitute his judgment for that of management and/or to change, mend, add to, subtract from,
or otherwise alter or supplement this Agreement or .any part thereof or amendment thereto. The
arbitrator shall have no authority to consider or rule upon any matter which is stated in this
Agreement not subject to arbitration or which is not a grievance as defined in this Agreement; nor
shall this Collective Bargaining Agreement be construed by arbitrator to supersede applicable state
and federal laws or City ordinances or resolutions, except to the extent as specifically provided
herein.
Section 8. The arbitrator may not issue declaratory opinions and shall confine himself
exclusively to the question which is presented to him, which question must be actual and existing.
The party filing the grievance and requesting arbitration shall, at all times, have the burden of
proving by clear and convincing evidence that a specific provision of this Agreement was violated.
Either party shall be entitled to seek review of the arbitrator's decision in the Cimuit Court. The
paffms agree that the standard of review of the arbitrator's decision shall be whether the arbitrator
had clear and convincing evidence to establish that the City or the Department violated a specific
provision of this Agreement.
Section 9. No decision of any arbitrator or of the City in one case shall create a basis for
retroactive adjustment in any other cases. All claims for back wages shall be limited to the amount
of wages that remain budgeted for the position of the particular employee involved, less any
unemployment compensation and/or interim earnings that he/she received during the period
involved.
Section 10. It is agreed, with respect to the above wages or retroactive adjustment, that no
arbitrator shall have the right to determine that back wages or other retroactive adjustment shall be
awarded for a period in excess of four (4) months prior to the date of the grievance which is being
ruled upon.
Section 11. It is agreed, with respect to this grievance and arbitration procedure, that:
(a) It is the intent of the parties that a grievance must be raised at the earliest possible
time. Any grievance, in order to be entertained and processed, must be submitted in a funely manner
by the Crrievant.
(b) Grievances not submitted by the G'rievant in a timely manner shall be conclusively
barred on the merits following the expiration of the prescribed time limit. Such a time-barred
grievance may not be entertained or processed, and only facts disputed as to timing will be the
subject of any arbitration resulting from the matter. A grievance which is for any reason not the
subject of a timely response by the City or by the Department shall require the Crrievant to proceed
to the next Step, and failure of the Grievant to proceed on a timely basis to the next Step shall bar
the grievance. However, in any grievance proceeding, when the City or the Department fails to give
a funely response, the Grievant shall be given an additional two (2) calendar days to be added to the
time limit required for his next filing.
Section 12. Nothing in this Article shall be construed to prevent any employee from
presenting his own grievance with whomever he wants to represent him. It is understood that either
an individual, an attorney, or the Union may represent a Grievant, but under no circumstances shall
more than one person represent the Grievant at any step of the grievance procedure. In the event the
City is notified that the Grievant is representing himself/herself or is otherwise not being represented
by the Union, the City shall so notify the Union. The Union may monitor and attend such grievance
steps but may not participate otherwise.
Section 13. Where a grievance is general in nature in that it applies to a group of employees
rather than a single employee, or if the grievance is directly between the Union and the Department
or the City, such grievance shall be presented in writing directly to the Fire Chief within ten (10)
calendar days of the occurrence of the events which gave rise to the grievance. The grievance shall
be signed by one or more aggrieved employee, the Union Steward, or an officer of the state IAFF.
Thereafter, the grievance shall be processed in accordance with the procedures set forth in STEPS
TWO and THREE above; provided, however, that the grievance must contain the detailed
information required in STEP ONE above.
Section 14. A non-dues-paying bargaining unit employee may avail himself/herself of all
procedures under this Article. In so doing, such non-dues-paying bargaining unit employee shall be
required to bear the full cost of preparing and presenting his/her own case and his/her arbitration
expenses as set forth in Section 6 above.
ARTICLE 10
EDUCATIONAL ASSISTANCE
Employees covered hereunder are eligible for participation in the City's educational
assistance/tuition reimbursement program to the stone extent that the program is available to other
City employees. All conditions pertaining to the City's educational assistance/tuition reimbursement
program, including eligibility standards for participation, the amounts of reimbursement, and the
liability for repayment, shall be governed by the guidelines set forth in the City's Personal Rules and
Regulations. The City shall have the unilateral discretion to determine whether a matter does or does
not fall under the City's educational assistance/tuition reimbursement program. Each determination
as to whether or not a matter falls under the City's educational assistance/tuition reimbursement
program shall be applied equally to management and bargaining unit members.
ARTICLE 11
INSURANCE
1. The City shall provide insurance for all bargaining unit employees and their
dependents in the same manner as all other City employees. The City shall also provide any
additional insurance required by Florida law.
ARTICLE 12
VOTING AND CIVIC SERVICE
1. Employees who are unable to vote during their off-duty hours due to the location of
their voting precincts and their work schedules may be permitted leave with pay (not to exceed two
hours) to enable them to vote. To qualify for such leave with pay, the employee shall file a written
request with the Deputy Fire Chief advising him of the reasons for requesting leave and providing
him/her with confirmation of precinct location and voter registration. Such request must be made
at least seven (7) calendar days in advance.
2. Upon receipt of a timely and proper request in accordance with paragraph 1 above,
the Deputy Fire Chief shall schedule the employee's voting time in such a manner as to not interfere
with operational requirements. It is understood that employees covered hereunder are normally
aware of their upcoming work schedule, and, therefore, can vote by absentee ballot if their work
schedule causes a conflict with their ability to vote. It, therefore, is further understood that there is
no entitlement to leave with pay for voting and that operating requirements may preclude such time
off (even if previously authorized by the Deputy Fire Chief).
3. An employee called for jury duty, or subpoenaed or summoned to appear as a witness
on behalf of the City, shall be granted leave of absence with pay from scheduled duty (for actual time
utilized) upon presentation of summons or subpoena to his/her Commanding Officer. Any fees
received for jury duty or witness service while the employee is in full pay status shall be remitted to
the City. To qualify for paid leave of absence for jury duty or witness service, the employee must
submit a written Leave Request Form to his Commanding Officer and the Fire Chief (in addition to
the summons or subpoena) for appropriate approval.
4. Leave with pay for appearance as a wimess shall not be granted when the employee
is the defendant in a criminal proceeding, is engaged in personal litigation of any nature, or is an
adverse party to the City in any proceeding.
5. The City shall continue its existing policies with respect to military leave for
bargaining mait employees serving in the Armed Forces, including the National Guard.
ARTICLE 13
DRUG, ALCOHOL, AND MEDICAL TESTING
1. The City, the Union, and the employees covered hereunder mutually agree that
employee substance and alcohol abuse constitutes a danger to the employee, fellow employees, and
the general public. It is further agreed that the safety of public property and equipment and the
image of the City and its employees are placed in jeopardy if an employee is involved in substance
or alcohol abuse.
2. Accordingly, the Union and the employees covered hereunder agree that the City shall
have the right and authority to require employees to submit to drug and alcohol testing to detect the
presence of any controlled substance, narcotic, drag, or alcohol as a part of any physical and/or
psychological examination for the purpose of determining an employee's fitness for duty or
otherwise in accordance with City and Departmental policy and practice.
3. If a bargaining unit member is involved in an accident while driving a City vehicle,
the City can require the bargaining unit member to submit to drag and/or alcohol testing.
4. Further, the City shall also have the right and authority to require employees to
submit to substance and alcohol testing based on circumstances that indicate reasonable suspicion
to believe that the employee is under the influence of a controlled substance, narcotic, drug, or
alcohol; suffers from substance or alcohol abuse; or is in violation of any City, Departmental, or state
rule, regulation, or law regarding the use of such substance or alcohol. The City shall have
"reasonable suspicion" under this paragraph if it possesses information upon which the suspicion is
based is reliable.
5. Upon reasonable suspicion that an employee has been on duty or has reported for duty
with any controlled substance, narcotic, drug or alcohol in his system; the City Manager, the Human
Resources Director, the Fire Chief or their designee may order an employee to submit to any type
of toxicology or alcohol testing determined appropriate. Any testing administered under this Article
shall be administered in accordance with such professional standards as have been adopted by the
City.
6. Employees who are using any over-the-counter drugs or medications or any chugs or
medications lawfully prescribed by a physician must provide this information to the City physician,
and/or other City designated entity obtaining a sample at the time a sample is provided.
7. Employees who refuse to comply with the provision of this Article, including but not
limited to refusing to report for drug or alcohol testing at the time and place directed or providing
an altered sample, will be subject to disciplinary action up to and including dismissal.
8. Employees may request Union representation during any of the testing procedures,
provided that the Union representative does not in any manner interfere with, or delay, the testing
procedures or jeopardize the security of the tests.
9. The City and the Union encourage employees to voluntarily enter a rehabilitation
program. The parties agree that the City has the sole authority to establish, maintain and/or continue
a City approved/sponsored rehabilitation program and that any approval for an employee to enter
any rehabilitation program may be limited by the City to one opportunity during an employee's
employment. An employee may be allowed to voluntarily enter City approved/sponsored
rehabilitation program, assuming that the employee has had no history of substance influence or use
and that no disciplinary action is pending (and further that the employee has done nothing for which
he could be subject to disciplinary action) at the time of such request.
10. If an employee is allowed to enter a City approved/sponsored rehabilitation program
in accordance with the preceding paragraph, then, upon successful completion of rehabilitation (as
determined by a City designated physician) the employee shall be returned to his regular duty
assignment or the equivalent thereof if cleared by the physician. If follow-up care is prescribed after
treatment, such may be imposed by the City as a condition of continued employment.
11. Immediately upon an employee's discharge from a rehabilitation program, the
employee will provide the City with documentation of the follow-up care requirements as well as
permission for the City to ascertain whether the employee has been and/or is abiding by the program
requirements. Moreover, the parties agree that entry into such a rehabilitation program shall be
deemed to constitute reasonable suspicion that the employee has in his system or is using controlled
substances, narcotics, drags or alcohol, and that, accordingly, the employee may be subject to four
(4) appropriate testing procedures, as required by management, for a period not to exceed 12 months
from the date that the employee returns to duty. Should an employee refuse to submit to testing in
accordance with the provisions of this paragraph, to voluntarily enter a City approved/sponsored
rehabilitation program, to successfully complete and otherwise comply with the requirements of such
program, to comply with the requirements of any follow-up care, or, should the employee test
positive for drugs, controlled substances, narcotics or alcohol during the aforesaid 12 month period,
the employee shall be immediately dismissed.
12. The City retains the absolute right to determine whether the specific circumstances
of positive test results warrant discharge or a lesser disciplinary action. The failure of the City to
impose a particular disciplinary action in one situation will not prejudice the City' s right to impose
such (or a different) disciplinary action in another situation. Similarly, the failure of the City to
extend an oppommity to enter a City approved/sponsored rehabilitation program to an employee will
not prejudice the City' s right to extend an opportunity in another situation.
13. Notwithstanding any other provision of this Article, the City reserves the right to
administer random chug testing unless such drug testing is declared tinlawful under federal and/or
Florida law.
ARTICLE 14
UNION BUSINESS
1. The President of the Local Union or his/her designee (alternate) shall represent the
Union. It shall be the responsibility of the Union to notify the City in writing of any change of the
designation of the President or his/her designee. (Neither the President nor his/her designee will be
recognized by the City unless the Fire Chief and the Human Resources Director receives such
written notification.)
2. It is the City's position that bargaining unit employees, Union officers, and Union
representatives shall be paid by the City only when they perform assigned fire and rescue duties
and/or work directed by the City. To the extent that these employees wish to perform Union duties
(such as negotiations, grievance processing, attending Union conventions, etc.) during their normal
work schedules, they may utilize annual leave or shift exchange; provided, however, that they
comply with the rules otherwise applicable to annual leave and shift exchanges.
ARTICLE 15
BULLETIN BOARDS
1 The Union shall have the use of each bulletin board existing on the date of this
agreement; such use is not to exceed thirty six (36) inches by forty-eight (48) inches of the area of
each such bulletin board.
2. The Union may use the designated bulletin board(s) for posting notices of Union
meetings, notices of Union elections and results, minutes of Union meetings, copies of the Union' s
constitution and by-laws and amendments thereto, notices of Union recreational, social, and business
functions, conventions, names of Union officials and changes thereto, copies of this Agreement, and
notices of dues increases.
3. The Union shall post no material which may be characterized as political (other than
internal Union elections), which may encourage insubordinate behavior, which would impair the
operations of the Fire Department, which is obscene, inflammatory, derogatory, or demeaning of
City or Departmental officials or operations. All materials posted on the Union bulletin boards (or
the alternate space provided on the Department's bulletin boards) will be signed by the Union
President, or other Union officer, or member of the Executive Board. A copy of ail materials to be
posted shall be provided to the Fire Chief, the Deputy Fire Chief, or their designee, prior to posting.
Material not authorized by this Article may be removed by the City.
ARTICLE 16
DISTRIBUTION AND SOLICITATION
I. The Union, its members, agents or representatives, or any person or persons acting
on its behalf shall not engage in: (A) soliciting non-Unit employees of the City during working
hours; and (B) soliciting or distributing recruitment literature during working hours in areas where
the actual work of City employees is performed, such as offices, warehouses, fire or police stations,
and any similar public installations.
ARTICLE 17
DUES DEDUCTIONS
1. Any member of the union, who has submitted a properly executed written dues
authorization card or statement to the City may have his/her dues in the union deducted from his/her
wages. Dues shall be deducted during the first and second pay period per month, and, shall,
thereafter, be transmitted to the union or its designated depository. The City, however, shall have
no responsibility or liability for the improper deduction of any dues. Further, the union shall hold
the City harmless for any errors in the administration of the dues deduction system. It shall be the
responsibility of the union to notify the City of any change in the amount of dues to be deducted at
least 60 days in advance of said change. Under no circumstances shall the City be required to deduct
union fines, penalties, or non-uniform assessments from the wages of any member.
2. Any authorization for dues deduction may be canceled by the employee upon thirty
(30) days written notice to the City with a copy to the Union.
3. When an employee quits, is discharged, or is laid off, any unpaid dues owed to the
union will be deducted from the employee's last paycheck.
4. The City may deduct from the payment made to the union the following expenses of
administering the bookkeeping system related to the retention and transmittal of funds:
(a) Thirty-five cents ($.35) per employee for each new enrollment.
5. No deduction shall be made from the pay of an employee during any payroll period
in which the employee's net earnings for the payroll period are less than the amount of dues to be
paid.
ARTICLE 18
WORKER'S COMPENSATION AND LIGHT DUTY
1. Compensation for employees injured on the job or in the course of performing his/her
official City duties shall be governed by the Florida Worker's Compensation Law and applicable
City and Departmental policies.
2. An employee injured on the job or in the course of performing his/her official City
duties may, in the City's discretion, be assigned to a temporary "light duty" assignment subject to
and in accordance with applicable City and Departmental policies. The phrase "light duty" is defined
within this Article as meaning that the employee was assigned to work at least a 40 hour work week.
3. If an employee injured on the job is assigned to a temporary "light duty" assignment
during the first seven (7) calendar days of the injury, he/she shall receive his normal salary with no
reduction in accrued sick leave or vacation.
4. If a barging unit member becomes pregnant, she shall immediately inform the Fire
Chief.
(a) The pregnant employee shall provide her job description to a physician of her choice.
The pregnant employee shall ensure that her physician informs the City of any basic job duties which
the pregnant employee cannot perform. The pregnant employee maintains the burden, throughout
her pregnancy, to ensure that her physician provides the City with updates on the pregnant
employee's medical condition and her ability to perform her basic job duties.
(b) The City shall review the medical information and determine whether the pregnant
employee can continue to perform shift work, with or without modification of her basic job duties.
(c) If the City, in its discretion, determines that the pregnant employee cannot perform
shift work, the pregnant employee will be eligible for light duty assignment, as determined by the
City. The pregnant employee maintains the burden to inform her physician of her job functions in
her light duty assignment. The City will review any light duty restrictions placed on the pregnant
employee by her physician.
(d) The City has the discretion to determine that a pregnant employee is not eligible for
light duty assignment. In the event the City makes such a determination, the pregnant employee can
exercise all rights afforded her under the Family and Medical Leave Act CFMLA") and in
accordance with applicable City policy.
(e) In the event that a pregnant employee is assigned to light duty, the City has the
discretion (subject to City review of all medical information provided by the pregnant employee' s
physician) to determine the amount of hours per week that the pregnant employee shall work on light
duty. The assignment of work hours for light duty assignment shall not exceed 53 hours per week.
(f) In the event that the City exercises its discretion to place a pregnant employee on light
duty assignment, the City will allow the pregnant employee to work on a modified hourly rate to
enable her to receive her normal average hi-weekly income with no reduction in accrued leave or
benefits. This provision is not applicable once the pregnant employee is no longer on light duty
assignment.
(g) Upon notifying the Fire Chief of her pregnancy, the pregnant employee shall provide
her physician with a full release which authorizes her physician to release all medical information
to the City related to the employee's pregnancy.
ARTICLE 19
PROMOTIONS
1. Promotions to positions within the bargaining unit shall be made based upon merit,
as determined by the Fire Chief, which includes: qualifications, training, education, knowledge,
skills, abilities, job performance, work history, and disciplinary history, as well as scoring on any
written, oral or practical testing which may be given.
2. The Department will provide at least thirty (30) days written notice of any
promotional testing processes and the location of where the test will be administered.
3. The Department shall make available for a candidate a copy of all possible testing
sources that will be utilized as reference materials for testing purposes.
4. The Department will provide at least sixty (60) days written notice in the event that
it decides to change (from the previous promotional examination) reference materials to be used for
testing purposes.
5. In order to be an eligible candidate for promotion to Lieutenant, a bargaining unit
member must possess the following qualifications as of the date of the close of the promotion
application process:
(a)Five (5) years of pensionable service in firefighting and rescue work at the Sanford
Fire Department; and
(b) 30 credit hours from a college or university or State of Florida Fire Officer I
certification.
6.Any bargaining unit member who is promoted to Lieutenant shall receive a minimum
of a three (3) percent wage increase. Management shall have the discretion to give the promoted :
barging unit member a wage increase greater than three (3) percent by slotting the barging unit
member into the Lieutenant's step plan as management deems appropriate.
ARTICLE 20
REPLACEMENT OF I~ERSONAL PROPERTY
1. The City, in its discretion, may reimburse an employee for the cost of prescription
eyeglasses, contact lenses and/or watches not to exceed One Hundred and No/100 Dollars ($100.00)
damaged in the line of duty. An employee desiring such reimbursement shall provide a sworn
statement (or application) to the Fire Chief or his designee setting forth the specific circumstances
of the alleged damage, proof of value of the alleged damaged item, and such other information as
may support his/her claim. The Fire Chief or his designee shall make the final decision on
reimbursement (if any). The decision of the Fire Chief or his designee shall be final and binding on
the employee and shall not be subject to the grievance procedure or any other form of appeal.
ARTICLE 21
MILITARY DUTY
i. The City shall continue in effect its existing practice with respect to military leave
for bargaining unit members who are serving in the armed forces, including National Guard, and who
are required by such forces to attend duties which conflict with scheduled working time.
ARTICLE 22
SEVERABILITY
If any provision of this Agreement is rendered or declared invalid by any Court action or by
reason of any existing or subsequently enacted legislation, the remaining provisions of this
Agreement shall remain in full force and effect for the term of this Agreement. In the event any
provision of this Agreement is lawfully declared invalid, the parties shall meet within a reasonable
period of time to attempt to negotiate a mutually satisfactory replacement provision. The Union and
the City agree to reopen any provision of this Agreement if there is federal or state legislation
enacted that adversely impacts the City's ability to pay wages or benefits contained in this
Agreement.
ARTICLE 23
WORK STOPPAGES
I There shall be no strikes, lockouts, work stoppages, slowdowns, sick-outs, picketing
of the residence of public officials, or other job actions or refusal to perform assigned work by the
employees covered under this Agreement.
2. The parties agree that any employee who participates in or promotes any of the
aforementioned activities may be discharged or otherwise disciplined by the City. Nothing herein
shall restrict the City from levying different disciplinary actions against different employees based
on their involvement in activities prohibited heretrader.
3. The Union recognizes that the City and the employees covered hereunder are
responsible for and engaged in activities which are the basis of the health and welfare of the City's
citizens and that, therefore, any violation of this Article would give rise to irreparable damage to the
City and the public at large. For the purpose of this Article, it is agreed that the Union shall be
responsible and liable for any act by its agents, representatives, and/or officers, which act constitutes
a violation of this Article, unless the Union has publicly disavowed such action and publically
demands its cessation.
ARTICLE 24
WAGES
1. Effective the first payroll period commencing after ratification of this Agreement by
the bargaining unit and approval by the City Commission, and for the term of this Agreement, the
salary ranges for bargaining unit employees shall be the following:
Firefighter/EMT/Engineer $29,000.00 $43,349.21
Firefighter/Paramedic $29,870.00 $44,649.68
2. Effective the first payroll period commencing after ratification of this Agreement by
the bargaining unit and approval by the City Commission, the City shall implement a step plan as
set forth in Exhibit A.
3. Effective the first payroll period commencing after ratification of this Agreement by
the bargaining unit and approval by the City Commission, the annual salaries of each bargaining unit
member shall be increased as set forth in Exhibit B.
4. Effective the first payroll period commencing after October 1, 2002, each bargaining
unit member who receives at least an overall rating of "performer" on their annual evaluation shall
be eligible to receive a two step increase in the step plan set forth in Exhibit A.
5. Management shall have the discretion to give any bargaining unit member written
notice that he/she is not performing at a "performer" level. Management shall give this written
notice to the bargaining trait member no later than three months prior the end of the fiscal year. If
the bargaining unit member does not improve to at least a "performer" level by the end of the fiscal
year, the bargaining unit member shall not be entitled to receive a two-step increase as defined in
paragraph 4. If the bargaining unit member receives an overall rating of "non-performer" on the
annual evaluation, he/she shall not receive any step increase for the following fiscal year. If the
bargaining unit member receives an overall rating of "developmental" on the armuai evaluation,
he/she shall receive a one step increase for the following fiscal year. If any bargaining unit member
does not qualify for the two-step increase, management may, in its discretion at a later date,
authorize such a bargaining unit member, who improved his/her performance to a "performer" level,
to receive part or all of the two-step increase.
6. In addition to the salary amounts set forth in Exhibit B, the City agrees to pay those
employees certified as Paramedics an additional $5,500.00 CParamedic Incentive") per year during
the term of this Agreement. This additional amount shall 'not be used to determine a barging unit
member's slotting within the step plan, as set forth in Exhibit A.
7. In addition to the salary amounts set forth in Exhibit B, the City agrees to pay those
employees certified as Emergency Medical Technicians an additional $120.00 CEMT Incentive")
per year during the term of this Agreement. This additional amount shall not be used to determine
a bargaining unit member' s slotting within the step plan, as set forth in Exhibit A.
8. This Article shall not be applied retroactively to the beginning of the first pay period
immediately following October 1, 2001. Instead, this Article shall take effect upon ratification by
the bargaining unit members and approval by the City Commission. However, if the Union ratifies
this Agreement no later than February 8, 2002, this Article shall become effective commencing the
pay period of November 24, 2001.
9. The wages and step plan set forth in this Article shall automatically expire on
September 30, 2003, and any wage increases after September 30, 2003, shall be negotiated between
the City and the Union.
ARTICLE25
HOURS OF WORK AND OVERTIME
1. Bargaining unit employees shall be assigned to twenty-four hour shifts.
2. The current Department practice (as of September 30, 2001 ) regarding the calculation
of overtime hours for bargaining unit employees shall remain in effect for the term of this
Agreement.
3. The current Department practice (as of September 30, 2001 ) regarding the selection
of bargaining unit employees to work overtime shall remain in effect for the term of this Agreement.
ARTICLE 26
CALL BACK PAY
1. Call-back pay is provided to compensate an employee required to return to work at
certain times outside of his/her regularly scheduled shift. Eligibility for call-back pay is as follows:
(a) Except as provided in subparagraphs (b) and (c) below, any employee who is off-
duty and required to remm to work on an unscheduled basis shall be eligible for call-
back pay.
(b) Any employee who is on duty and is instructed to remain on duty shall be ineligible
for call-back pay but eligible for compensation for time actually worked.
(c) Any employee required to continue working after completion of his/her regularly
scheduled shift shall be ineligible for call-back pay but shall be paid for time actually
worked.
(d) Any employee eligible for call-back pay shall be paid for the actual hours worked,
with the minimum guarantee of four (4) hours pay. Call-back pay begins at the time
designated by the Department for the employee to commence his/her duties. Call-
back pay concludes at the time that the Department releases the employee from
his/her assigned duties.
ARTICLE 27
WORKING OUT OF CLASSIFICATION
1. In the event that a bargaining unit member is assigned to work out of classification
for at least 180 hours during either year one (fiscal year 2002) or year two (fiscal year 2003) of this
Agreement, the bargaining unit member shall be entitled to receive, in addition to the normal rate
of pay previously received, $1.00/per hour for the actual time worked out of classification during
said fiscal year.
2. If a bargaining unit member qualifies for out of classification pay during year one of
this Agreement, he/she must be assigned to work out of classification for at least 180 hours in year
two in order to qualify for out of classification pay in year two.
3. A bargaining unit member cannot carry over any hours worked out of classification
in year one in order to compute time worked out of classification in year two.
4. Any bargaining unit member who qualifies for wages pursuant to this Article shall
receive a lump sum payment at the end of the applicable fiscal year.
ARTICLE 28
RETIREMENT BENEFITS
1. The City shall continue to provide the employees covered hereunder with retirement
benefits pursuant to the City' s retirement program. The City will abide by all ordinances and statutes
governing the City's retirement program.
ARTICLE 29
VACATION
1. Employees covered hereunder shall be provided annual vacation leave in accordance
with the vacation leave provisions of the City of Sanford Personnel Rules and Regulations.
ARTICLE 30
HOLIDAYS
1. Any bargaining trait member who works on the shift commencing at 08:00 a.m. on
Thanksgiving 2002 shall qualify for holiday pay. In addition to the amount of pay typically to be
received for working that shift, a bargaining unit member shall receive an additional amount of ½
their normal rate of pay for all hours actually worked on Thanksgiving 2002 between 08:00 a.m. and
midfright (a maximum of 16 hours at an additional ¼ times normal rate of pay).
2. Any bargaining unit member who works on the shift commencing at 08:00 a.m. on
Christmas 2002 shall qualify for holiday pay. In addition to the amount of pay typically to be
received for working that shift, a bargaining unit member shall receive an additional amount of ½
their normal rate of pay for all hours actually worked on Christmas 2002 between 08:00 a.m. and
midnight (a maximum of 16 hours at an additional ~ times normal rate of pay).
3. Except as specified in paragraphs 1 and 2 herein, all other holidays shall be treated
in accordance with the holiday leave provisions of the City of Sanford Personnel Rules and
Regulations in effect on the effective date of this Agreement.
4. This article shall be retroactively applied for all barging unit members who worked
the shift commencing at 08:00 a.m. on Thanksgiving and/or Christmas of 2001 only if this
Agreement is ratified by the Union no later than February 8, 2002.
5. If the City should grant more than two holidays (Thanksgiving and Christmas) to the
bargaining unit members of the Florida State Lodge of the Fraternal Order of Police ("FOP") prior
to the expiration of this Agreement, the City agrees to provide the IAFF bargaining unit members
with the same holidays, in accordance with the language of this article. For example, if the City
agreed to grant the bargaming unit members of the FOP an additional day of holiday pay for
Independence Day 2003, the City likewise agrees that the IAFF bargaining unit members would
receive holiday pay for Independence Day 2003, as defined in paragraphs 1 and 2 herein.
ARTICLE 31
SICK LEAVE
Employees covered hereunder shall be entitled to sick leave benefits in accordance
with the sick leave provisions of the City of Sanford Personnel Rules and Regulations.
ARTICLE 32
BEREAVEMENT
1. Employees covered hereunder shall be entitled to receive two consecutive shifts with
pay for bereavement leave for the death of an immediate family member, as defined by the City of
Sanford Personnel Rules and Regulations. The employee's time off from work because of a death
in the family must actually be taken immediately following the death in order to receive payment.
2. In case of death of other relatives, as defined in the Sanford Personnel Rules and
Regulations, employees may request one shift with pay for bereavement leave. The Fire Chief, or
his designee may exercise his discretion to grant of deny a bereavement leave request for other
relatives.
3. The Fire Chief, or Iris designee, may exemise his discretion to grant or deny a request
of a bargaining unit member to use additional accrued leave time consecutively to the use of
bereavement leave.
ARTICLE 33
LEAVES OF ABSENCE WITHOUT PAY
I. The Fire Chief, in his discretion, mayapproveawrittenrequestforaleaveofabsence.
The decision of the Fire Chief shall be final and binding on the employee and shall not be subject
to the grievance procedure or any other form of appeal.
ARTICLE 34
RECERTIFICATION
1. It is agreed and understood that compliance with state recertification requirements
is the responsibility of the individual employees covered hereunder. To the extent feasible, the
Department will make a good-faith effort to make appropriate recertification courses available during
normal duty hours at Departmental facilities.
ARTICLE 35
TOBACCO USE
It is understood that smoking and/or the use of any and all tobacco products is a known
hazard to the health of employees, including members of the bargaining unit. The purpose of this
article is to reduce the number of health insurance claims related to the use of tobacco products. It
is agreed that the following policy regarding the use of tobacco products shall be adhered to:
1. Smoking and the use of tobacco products is prohibited when in contact with, or in the
view of, the general public;
2. Smoking and the use of tobacco products is prohibited in all fire/rescue vehicles, and
in areas of the fire department;
3. All employees hired after February 1, 2001, will abstain from the use of tobacco and
tobacco products both on-duty and off-duty.
ARTICLE 36
ENTIRE AGREEMENT/DURATION
1. The parties acknowledge that during negotiations which resulted in this agreement,
each had the tinlimited right and opporttmity to make demands and proposals with respect to any
subject or matter not removed by law from the area of collective bargaining, and that the
understandings and agreements a~ived at by both parties after the exercise of that right and
opporttmity are set forth in this Agreement. The parties hereto may commence negotiations, under
applicable law, on any succeeding agreement to take effect upon termination of this Agreement.
2. Either the City or the Union may give written notice at least ninety (90) days prior
to the termination date of this Agreement of its desire to negotiate anew contract. Following receipt
of such notice, unless there is mutual agreement to the contrary, the City and the Union shall
commence negotiations.
3. This Agreement shall become effective upon ratification by the bargaining unit
.members and approval by the City Commission and shall expire on September 30, 2003. However,
only in the event that the bargaining unit members ratify this Agreement no later than February 8,
2002, Article 24 shall be effective commencing the pay period of November 24, 2001 and Article
30 shall be retroactively applied to cover Thard<sgiving 2001 and Christmas 2001.
4. The wages and step plans set forth in Article 24 shall automatically expire on
September 30, 2003. Any wage increases after September 30, 2003, shall be negotiated between the
City and the Union.
5. Prior to the expiration of this Agreement, the parties may, by mutual written
agreement, reopen any article of this Agreement. In order to invoke this clause of the Agreement,
the Union President and the City Manager must both sign a mutual agreemere that a specific article
of this Agreement is to be reopened.
6. This Agreement shall not be reopened during the term of this Agreement unless the
conditions of paragraph 5 are met.
SANFORD PROFESSIONAL FIREFIGHTERS CITY OF SANFORD
LOCAL 3996, IAFF
By: By:
Date: Date:
259100/BNW1812bw