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HomeMy WebLinkAbout1006-Firefighter Agrmt 2003-04 N Cam, At AGREEMENT BETWEEN 1 0 s m V W m O O N CITY OF SANFORD /I ` 1 SANFORD PROFESSIONAL FIREFIGHTERS LOCAL 3996 IAFF (Fire Fighter/EMT/Engineer and Fire Fighter/Paramedic) (OCTOBER, 1, 2003 to SEPTEMBER 30, 2004) 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 PERC 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 ofimplementation. 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 mail, 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 rule, regulation, policy, procedure, or operating bulletin 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 N ON - 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 ornon- membership. 2 If, and in the event, an employee elects to seek remedy for alleged discrimination or harassment by the Sling of complaint with EEOC or FCHR, then in that event, the subject of such complaint may not also be grieved. ART- - TICLE g STAFFING AND E UIPM 1 • The City shall determine the identity, number, skill level, and type "Personnel to be assigned the shifts, apparatus, and City The equipment. shall also determi y equipment and apparatus to be used in the provision of fire and rescue services. tie and number of ARTICLE 6 SCOPE OF DUTIES I. Bargaining 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 t. Except as specifically restricted by the provisions o f 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 right 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 ofpositions or employees assigned to an organization, unit, division, department, or project; 1. Decide the scope of the service; Hire, examine, classify and/or otherwise determine the criteria and standards of selection for employment; K. Fire, demote, suspend or otherwise discipline bargaining cause; unit employees for just L. Test employees pursuant to the provisions contained herein and/or the Citys 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 well as the number and types of positio Of Positions as ns 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; 0. 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 of job classifications; and determine all training Parameters for all City positions, including persons to be trained and extent an d 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 determine 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 equipment; and introduce new or improved services, maintenance procedures, materials, facilities Y. Take whatever action may be necessary to carry out 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 to 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 fails 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 grounds that may exist for such action. Additionally, the bargaining unit employee may be provided with an opportunity 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 maybe extended at the discretion of the Fire Chief. Probationary employees maybe 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 "grievance" 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 CiWs 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 Chiefwithin 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 Person- nel 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 ofarbitration, 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 time 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 ofmanagement and/or to change, amend, 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 ofproving 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 Circuit Court. The parties 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 tune. Any grievance, in order to be entertained and processed, must be submitted in a timely manner by the Grievant. (b) Grievances not submitted by the Grievant 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 timely response by the City or by the Department shall require the Grievant 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 timely 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 himselflherselfor 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 ofthe 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. 1 1 ARTICLE 10 EDUCATIONAL ASSISTANCE 1 • Employees covered hereunder are eligible for participation in the City's educational assistance /tuition reimbursement program to the same extent that the program is available to other City employees except that they City agrees to permit bargaining unit members who are pursuing their Paramedic certification during the fiscal year to increase their tuition reimbursement assistance by $400 or the City shall pay for the full tuition cost of the program or whichever is greater. 2. All other 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 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 timely and proper request in accordance withparagraph 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 witness 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 unit employees serving in the Armed Forces, including the National Guard. ARTICLE 13 DRUG ALCOHOL AND MEDICAL TESTING 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 ofpublic property and equipment a 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, drug, or alcohol as a part of any physical and/or psychological examination for the purpose of determining an employee's fitness for dutyor otherwise in accordance with City and Departmental policy and practice. 3. If bargaining unit member is involved in an accident while driving a City vehicle, the City can require the bargaining unit member to submit to drug 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 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 drugs 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, drugs or alcohol, and that, accordingly, the employee maybe 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 ofsuch 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 ofthe 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 Opportunity 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 drug testing unless such drug testing is declared unlawful under federal and/or Florida law. ARTICLE 14 UNION BUSINESS 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.) It is the Citys 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 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 ofCity 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 all 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 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. DISTRIBUTION AND SOLICITATION ARTICLE 17 DUES DEDUCTIONS t. 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. Z. 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 Compensation for employees injured on the job or in the course ofperforming 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. 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 bargaining unit member becomes pregnant, she shall immediately inform the Fire Chief. (a) The pregnant employee shall provide her job description to a physician ofher 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 job functions in her light duty assignment. The City will review any fight 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 ( "FMLA ") 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 ofhours 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. (0 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 bi- 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 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 ofany 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. 1 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; a (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 bargaining unit member a wage increase greater than three (3) percent by slotting the bargaining unit member into the Lieutenant's step plan as management deems appropriate. ARTICLE 20 REPLACEMENT OF PERSONAL 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 1. 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 ofthis 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 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 hereunder. 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 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: Classification Minimum Maximum Firefighter /EMT /Engineer $29,434.96 $43,999.43 Firefighter/Paramedic $30,318.17 $45,319.39 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 hourly rate of pay for each bargaining unit member shall be increased as set forth in Exhibit B. 4. In addition to the rates of pay set forth in Exhibit B, the City agrees to pay those employees certified as Paramedics an additional $5,500.00 ( "Paramedic 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. However, while the "Paramedic Incentive" is not included in the base pay for the grade and step in the salary classification pay, the "Paramedic Incentive" shall be included in the base pay and shall be counted as compensation for retirement purposes. 5. The City and Union agree to eliminate the additional $120.00 per year ( "EMT Incentive ") for Emergency Medical Technicians. 6. This Article shall be applied retroactively to the beginning of the first pay period immediately following October 1, 2003 upon ratification by the bargaining unit members no later. than December 31, 2003. 7. The wages and step plan set forth in this Article shall automatically expire on September 30, 2004, and any wage increases after September 30, 2004, shall be negotiated between the City and the Union. ., ARTICLE 24 WAGES Exhibit A. For Fiscal Year 2003 -2004, the salary step plan for FF /EMT /Engineer and Firefighter /Paramedic shall be as follows: STEP FF /EMT /Engineer FF /Paramedic Hourly Rate Hourly Rate 1 $ 9.7049 $ 9.9961 2 $ 9.8505 $ 10.1460 3 $ 9.9982 $ 10.2982 4 $ 10.1482 $ 10.4527 5 $ 10.3004 $ 10.6095 6 $ 10.4549 $ 10.7686 7 $ 10.6118 $ 10.9301 8 $ 10.7709 $ 11.0941 9 $ 10.9325 $ 11.2605 10 $ 11.0965 $ 11.4294 11 $ 11.2629 $ 11.6008 12 $ 11.4319 $ 11.7748 13 $ 11.6034 $ 11.9515 14 $ 11.7774 $ 12.1307 15 $ 11.9541 $ 12.3127 16 $ 12.1334 $ 12.4974 17 $ 12.3154 $ 12.6849 18 $ 12.5001 $ 12.8751 19 $ 12.6876 $ 13.0683 20 $ 12.8779 $ 13.2643 21 $ 13.0711 $ 13.4632 22 $ 13.2672 $ 13.6652 23 $ 13.4662 $ 13.8702 24 $ 13.6682 $ 14.0782 25 $ 13.8732 $ 14.2894 26 $ 14.0813 $ 14.5037 27 $ 14.2925 $ 14.7213 28 $ 14.5069 $ 14.9421 2003/2004 WAGES Exhibit B. NAME DOH INCENTIVE FY 03/04 Firefighter /Paramedic Moseley, Bruce Nov. '81 $ 14.9421 $ 5,500 Treloar, Shawn July, '95 $ 11.7748 $ 5,500 Saber, Michael Jan. '96 $ 11.7748 $ 5,500 Alberti, 11 Albert Dec. '96 $ 11.6008 $ 5,500 Gajdarik, Sondra Feb. '97 $ 11.6008 $ 5,500 Frost, David Sept. '97 $ 11.2605 $ 5,500 Schoenwetter, Jeffrey Feb. '98 $ 11.0941 $ 5,500 Revels, Mark Mar.'98 $ 11.0941 $ 5,500 Geraghty, David Mar. '98 $ 11.0941 $ 5,500 Long, Troy July, '98 $ 11.0941 $ 5,500 Moye, Robert Nov. '98 $ 11.0941 $ 5,500 Piediscalzo, L. Nov. '98 $ 10.9301 $ 5,500 Ripple, David Feb. '99 $ 10.9301 $ 5,500 Matthews, Karyn Feb. '99 $ 10.9301 $ 5,500 McNeil Jr. ,Ron Feb.'00 $ 10.7686 $ 5,500 Hampton, R. July '01 $ 10.6095 $ 5,500 Johnson, J. Sept.'03 $ 10.7686 $ 5,500 Jones, Steven April,'01 $ 10.6095 $ 5,500 Kopp, Dawn Mar. '02 $ 10.6095 $ 5,500 NAME DOH FF EMT /Engineer FY 03/04 Lemieux, Greg Jan.'81 $ 14.5069 Myers, David April, '87 $ 14.5069 Livingston, Stacey May, '88 $ 14.5069 Bruce, David May, '89 $ 11.9541 Smith, Robert June, '98 $ 10.6118 Denmark, Darrin June, '98 $ 10.6118 Cuellar, Gregory June, '98 $ 10.6118 McGuire, Timothy Feb. '99 $ 10.6118 Aubuchon, Daniel August'99 $ 10.4549 Murphy, Michael Feb. '00 $ 10.4549 Copeland, David Feb. '00 $ 10.4549 Ludwig, Jr. John May'00 $ 10.4549 Burnett, Heather Oct. '00 $ 10.3004 Weaver, Andrew Mar. '02 $ 10.3004 Slappa, James Mar. '02 $ 10.3004 Sanford, Robert Mar. '02 $ 10.3004 O'Rourke, Kevin Mar. '02 $ 10.3004 Fear, David Mar. '02 $ 10.3004 Douglas, Christopher Mar. '02 $ 10.3004 Hinson, Aaron Mar. '02 $ 10.3004 Barbour, Paul Mar. '02 $ 10.3004 Seiferth, Mark Sept. '02 $ 10.3004 Hoppes, Jr. David Nov. '02 $ 10.3004 Mixson, Onnie Mar. '03 $ 9.9982 Minnetto, Matthew Mar. '03 $ 9.9982 Gaffert, Robert Mar. '03 $ 9.9982 'Carter, Nicholas Mar. '03 $ 9.9982 ARTICLE 25 HOURS OF WORK AND OVERTIME 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 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 return 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 In the event that a bargaining unit member is assigned to work out of classification for at least 180 hours during fiscal year 2003 -2004, 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. A bargaining unit member cannot carry over any hours worked out of classification from one fiscal year to another. 3. 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 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 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 PERSONAL ABSENCES All bargaining unit employees are entitled to two (2) shifts paid absence which are classified as "Personal Absences" and are to be taken each fiscal year. The "Personal Absences" must be approved by the Fire Chief or designee in advance with consideration given to maintaining a smooth operation of work. Carry over from one fiscal year to another is not permitted. Bargaining unit employees are eligible for Paid Personal Absence thirty (30) days after date of hire. Thereafter, Personal Leave is available at the beginning of each fiscal year. ARTICLE 31 HOLIDAYS Any bargaining unit member who works on the shift commencing at 08:00 a.m. on Thanksgiving 2003 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 their normal rate of pay for all hours actually worked on Thanksgiving 2003 between 08:00 a.m. and midnight (a maximum of 16 hours at an additional 1 /2 times normal rate of pay). 2. Any bargaining unit member who works on the shift commencing at 08:00 a.m. on Christmas 2003 shall qualify for holiday pay. In addition to the amount ofpay typicallyto be received for working that shift, a bargaining unit member shall receive an additional amount of 1 /2 their normal rate of pay for all hours actually worked on Christmas 2003 between 08:00 a.m. and midnight (a maximum of 16 hours at an additional 1 /2 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 bargaining unit members who worked the shift commencing at 08:00 a.m. on Thanksgiving and/or Christmas of 2003 only ifthis Agreement is ratified by the Union no later than December 31, 2003, 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 I grant the bargaining unit members of the FOP an additional day ofholiday pay for Independence Day 2004, the City likewise agrees that the IAFF bargaining unit members would receive holiday pay for Independence Day 2004, as defined in paragraphs 1 and 2 herein. ARTICLE 32 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 33 BEREAVEMENT 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 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 his designee, may exercise 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 34 LEAVES OF ABSENCE WITHOUT PAY The Fire Chief, in his discretion, may approve a written request for a leave ofabsence. 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 35 RECERTIFICATION 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 36 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: 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, a m 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 37 ENTIRE AGREEMENT/DURATION 1. The parties acknowledge that during negotiations which resulted in this agreement, each had the unlimited right and opportunity 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 arrived at by both parties after the exercise of that right and Opportunity 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 a new 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, 2004. However, only in the event that the bargaining unit members ratify this Agreement no later than December 31, 2003, shall Article 24 be effective commencing the pay period of October 1, 2003 and Article 31 shall be retroactively applied to cover Thanksgiving 2003 and Christmas 2003. 4. The wages and step plans set forth in Article 24 shall automatically expire on September 30, 2004. Any wage increases after September 30, 2004, 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 ofthe Agreement, the Union President and the City Manager must both sign a mutual agreement that a specific article of this Agreement is to be reopened. 6. This Agreement shall not be reopened during the tern of this Agreement unless the conditions of paragraph 5 are met. SANFORD PROFESSIONAL FIREFIGHTERS LOCAL 3996, IAFF Date: z7i���/ h CITY OF SANFORD N m v By: Date: 1 3