1645* FF/EMT/Engineer Union Contractbaits
.1011
Molljowu"Mol
LOCAL 3996
(Fire Fighter/EMT/Engineer and Fire
Fighter/Paramedic)
Effective
( January 12, 2015 to September 30, 2016)
TABLE OF CONTENTS
ARTICLE1: PREAMBLE ............................................................................. ............................... 4
ARTICLE2: RECOGNITION ....................................................................... ............................... 5
ARTICLE 3: PREVAILING RIGHTS, RULES, AND REGULATIONS ..... ............................... 6
ARTICLE4: NON - DISCRIMINATION ....................................................... ............................... 8
ARTICLE 5: STAFFING AND EQUIPMENT .............................................. ............................... 9
ARTICLE 6: SCOPE OF DUTIES ............................................................... ...............................
10
ARTICLE 7: MANAGEMENT RIGHTS .................................................... ...............................
11
ARTICLE 8: DISCIPLINE AND DISCHARGE ......................................... ...............................
14
ARTICLE 9: GRIEVANCE PROCEDURE ................................................. ...............................
15
ARTICLE 10:
EDUCATIONAL ASSISTANCE ......................................... ...............................
21
ARTICLE 11:
INSURANCE ......................................................................... ...............................
22
ARTICLE 12:
VOTING AND CIVIC SERVICE ........................................ ...............................
23
ARTICLE 13:
DRUG, ALCOHOL, AND MEDICAL TESTING ............... ...............................
25
ARTICLE14:
UNION BUSINESS .............................................................. ...............................
29
ARTICLE 15:
BULLETIN BOARDS .......................................................... ...............................
30
ARTICLE 16:
DISTRIBUTION AND SOLICITATION ............................ ...............................
31
ARTICLE17:
DUES DEDUCTIONS .......................................................... ...............................
32
ARTICLE 18:
WORKER'S COMPENSATION AND LIGHT DUTY ....... ...............................
33
ARTICLE19:
PROMOTIONS ..................................................................... ...............................
36
ARTICLE 20:
MILITARY DUTY ............................................................... ...............................
38
ARTICLE 21:
SEVERABILITY .................................................................. ...............................
39
ARTICLE 22:
WORK STOPPAGES ........................................................... ...............................
40
ARTICLE23:
WAGES ................................................................................ ...............................
41
ARTICLE 24:
HOURS OF WORK AND OVERTIME .............................. ...............................
44
ARTICLE 25:
CALL BACK PAY ............................................................... ...............................
45
ARTICLE 26:
WORKING OUT OF CLASSIFICATION .......................... ...............................
46
ARTICLE27:
PRECEPTOR PAY ............................................................... ...............................
47
ARTICLE 28:
EDUCATION INCENTIVE ................................................. ...............................
48
ARTICLE 29:
RETIREMENT BENEFITS .................................................. ...............................
49
ARTICLE 30:
PAID TIME OFF .................................................................. ...............................
50
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ARTICLE 31:
HEALTH AND WELLNESS PROGRAM .......................... ...............................
52
ARTICLE 32:
HOLIDAYS .......................................................................... ...............................
54
ARTICLE 33:
SICK LEAVE ....................................................................... ...............................
55
ARTICLE34:
BEREAVEMENT ................................................................. ...............................
56
ARTICLE 35:
LEAVES OF ABSENCE WITHOUT PAY ......................... ...............................
57
ARTICLE 36:
RECERTIFICATION ........................................................... ...............................
58
ARTICLE37:
TOBACCO USE ................................................................... ...............................
59
ARTICLE 38:
ENGINEER INCENTIVE .................................................... ...............................
60
ARTICLE 39:
SPECIALTY PAY ................................................................ ...............................
61
ARTICLE 40:
457 DEFERRED COMPENSATION PLAN ....................... ...............................
62
ARTICLE 41:
ENTIRE AGREEMENT / DURATION ................................. ...............................
63
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ARTICLE 1: PREAMBLE
This Agreement is between the City of Sanford, Florida, hereinafter called the "City" and
the Sanford Professional Firelighters, Local 3996, hereinafter called the "Union ".
Any reference to City of Sanford Personnel Rules and Regulations throughout this
agreement shall mean the most current approved and adopted City of Sanford Personnel Rules
and Regulations and Administrative Policies.
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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 - Operations, Battalion Chief -
EMS, Battalion Chief - Training, Fire Protection Inspector, Fire Lieutenant and all other City
employees.
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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 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
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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.
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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.
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ARTICLE 5: STAFFING AND EQUIPMENT
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.
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ARTICLE 6: SCOPE OF DUTIES
1. 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.
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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 right to:
i) Determine the purpose and organizational structure of the Fire and Emergency
Service;
ii) Exercise control and discretion over the organization and efficiency of operations
of the Fire and Emergency Service;
iii) Set minimum performance standards for service to be offered to the public;
iv) Increase, reduce, change, modify or alter the size and composition of the work
force;
v) Determine the location, methods, means and personnel by which operations are to
be conducted;
vi) Change or modify duties, tasks, responsibilities or job descriptions due to
operational requirements of the Fire and Emergency Service;
vii) Transfer, assign, schedule employees in positions within the organizational
structure of the City and the Fire and Emergency Service;
viii) Change or modify the number, types, and grades of positions or employees
assigned to an organization, unit, division, department, or project;
ix) Decide the scope of the service;
X) Hire, examine, classify and /or otherwise determine the criteria and standards of
selection for employment;
xi) Fire, demote, suspend or otherwise discipline bargaining unit employees for just
cause;
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xii) Test employees pursuant to the provisions contained herein and /or the City's Drug
Free Workplace Policy;
xiii) 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;
xiv) Layoff and /or relieve employees from duty due to lack of work or lack of funding
or any other reason in accordance with City policies;
xv) Recall employees in accordance with City policies;
xvi) Determine the starting and quitting time and the number of hours and shifts to be
worked;
xvii) Determine the allocation and content of job classifications; and determine all
training parameters for all City positions, including persons to be trained and
extent and frequency of training;
xviii) Formulate and /or amend job descriptions;
xix) 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;
xx) Contract and /or subcontract any existing or future work;
xxi) Create, expand, reduce, alter, combine, assign, or cease any job;
xxii) Determine whether and to what extent the work required in its operation shall be
performed by employees covered by this Agreement;
xxiii) 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;
xxiv) Determine the maintenance procedures, materials, facilities, and equipment to be
used, and introduce new or improved services, maintenance procedures, materials,
facilities and equipment;
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xxv) Take whatever action may be necessary to carry out the mission and responsibility
of the City in unusual and /or emergency situations;
xxvi) Maintain the efficiency of the operations of the Department;
xxvii) 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.
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.
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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 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.
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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 City's Personnel Director. The grievance shall be
signed by the employee and shall state: (a) the date of the alleged events
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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 griev-
ance, 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.
TEP 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
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after the due date for the Fire Chief s 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 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.
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Section 6. As promptly as possible after the arbitrator has been selected, he /she 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 /her consideration and determination to the
written grievance presented in STEP ONE of the grievance procedure. The arbitrator shall have
no authority to substitute his /her judgment for that of management 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 the 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/herself exclusively to the question which is presented to him/her, 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
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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
time. 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 a 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
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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 /her own grievance with whomever he /she 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.
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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 Personnel 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.
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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.
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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
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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.
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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, drug, 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 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 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.
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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 infonnation 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
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substance influence or use and that no disciplinary action is pending (and further that the
employee has done nothing for which he /she 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/her 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 /her system or is
using controlled substances, narcotics, drugs 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.
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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 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.
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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.
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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 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.
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ARTICLE 16: DISTRIBUTION AND SOLICITATION
1. 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.
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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.
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_. O• IN 4 i T
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. The Departmental Light Duty policy written and effective in 2005 also is fully
applicable to all bargaining unit members.
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 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.
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(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 (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 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 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.
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(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.
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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.
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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.
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ARTICLE 20: 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 the National Guard,
and who are required by such forces to attend duties which conflict with scheduled working time.
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ARTICLE 21: SEVERABILITY
1. 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.
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ARTICLE 22: WORK STOPPAGES
1. 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, 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 publicly demands its cessation.
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ARTICLE 23: WAGES
1. For Fiscal Year 2014 -2015, employees covered hereunder shall receive wage increases in
accordance with the following:
A. Effective the first full payroll period after October 1, 2014, each employee
covered hereunder shall receive a 1.0% wage increase. Employees shall remain in the same
grade and step of the salary classification.
B. As soon as is practical following the ratification of this Agreement, each member
will receive a one -time, lump sum payment equal to 2.0% of their annual base salary in effect as
of September 30, 2014, which will not be added to their base pay.
2. For Fiscal Year 2015 -2016, employees covered hereunder shall receive wage increases in
accordance with the following:
A. Effective the first full payroll period after October 1, 2015, each employee
covered hereunder shall receive a 1.0% wage increase. Employees shall remain in the same
grade and step of the salary classification.
B. As soon as is practical following October 1, 2015, each member will receive a
one -time, lump sum payment equal to 2.0016 of their annual base salary in effect as of September
30, 2015, which will not be added to their base pay.
3. For Fiscal Years 2014 -2015 and 2015 -2016, should the City increase the base wages of
employees in any other bargaining units in a percentage amount greater than the 1% increase
provided to IAFF bargaining unit employees in Sections 1(A) and 2(A) above, IAFF bargaining
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unit employees shall be entitled to receive the same higher percentage increase to their base
wages instead of the 1.0% increases as set forth in Sections 1(A) and 2(A).
4. Should the City Commission approve a lump sum (holiday) cash bonus for all City
employees, the bargaining unit employees covered hereunder shall be eligible to receive such
lump sum (holiday) cash bonus on the same terms and conditions as applicable to other
employees.
5. The City agrees to pay bargaining unit employees, who are currently certified by the
State of Florida as Paramedics and cleared to practice within Seminole County by the Medical
Director, a $7,600 "Paramedic Incentive" per year during Fiscal Year 2014 -2015 and Fiscal Year
2015 -2016. 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 counted as
"compensation" and treated as part of base pay solely for retirement purposes.
6. During the length of this Agreement, no bargaining unit member shall exceed the
maximum pay range in his /her assigned classification. Incentive pay, if any, is not included for
the purpose of determining whether a bargaining unit employee exceeds the pay range
maximum.
7. Management shall give any bargaining unit employee written notice that he /she is not
performing at a "Meets Standards" level. Management shall give this written notice to the
bargaining unit member no later than three months prior to the end of the fiscal year. If the
bargaining unit employee does not improve to at least a "Meets Standards" level by the end of
the fiscal year, the bargaining unit employee shall not be entitled to receive any wage increase.
If the bargaining unit employee receives an overall rating of "Below Standard" on the annual
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evaluation, he /she shall not receive a wage increase for the following fiscal year. If any
bargaining unit employee does not qualify for the wage increase, management shall perform
subsequent evaluations at three month intervals until such point that the employee's evaluation
improves. Management shall authorize such a bargaining unit employee, who improved his /her
performance to a "Meets Standards" level, to receive part or all of the wage increase. Any
adjustments will not be retroactive.
8. The wage increases described in Sections 1, 2, 3, and 4 above shall be the only wage
increases of any kind for Fiscal Years 2014 -2015 and Fiscal Year 2015 -2016 for employees
covered hereunder. The wages set forth in this Article shall automatically expire on September
30, 2016 and any future wage increases or grade or step movement after September 30, 2016,
must be negotiated between the City and the Union through the collective bargaining process.
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ARTICLE 24: 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, 2006) 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, 2006) regarding the
selection of bargaining unit employees to work overtime shall remain in effect for the term of
this Agreement.
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ARTICLE 25: 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.
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ARTICLE 26: WORKING OUT OF CLASSIFICATION
1. In the event that a bargaining unit member is assigned to work out of
classification, the bargaining unit member shall be entitled to receive, in addition to the normal
rate of pay previously received, $1.50 /per hour for the actual time worked out of classification.
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
be paid bi- weekly for qualifying hours during the pay period.
4. For Fiscal Year 2012 — 2013 only, bargaining unit members shall be paid one
lump sum payment for all qualified working out of class hours earned prior to the date of final
approval of the IAFF collective bargaining agreement by the Sanford City Commission.
Thereafter, members shall be paid bi- weekly for qualifying hours during the pay period.
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ARTICLE 27: PRECEPTOR PAY
1. Paramedic preceptors shall be entitled to receive $1.50 /per hour additional
compensation for each hour of preceptor duties actually worked. The Fire Chief or his designee
shall retain the ultimate discretion to determine all time which qualifies for preceptor pay.
2. A bargaining unit member cannot carry over any preceptor pay hours from one
fiscal year to another.
3. Any bargaining unit member who qualifies for preceptor pay pursuant to this
Article shall be paid bi- weekly for qualifying hours worked during the pay period.
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ARTICLE 28: EDUCATION INCENTIVE
1. Bargaining unit members are entitled to receive an Education Incentive as set
forth below:
a. Associate of Arts (AA) or Associate of Science (AS) degree = $500.00; or
b. Bachelor of Science Degree (BS) _ $1,000.00; or
C. Masters Degree = $1,500.00.
2. Bargaining unit members shall only receive Education Incentive for the highest
amount applicable for their individual level of education. For example, a bargaining unit
member who possesses a Bachelor of Science degree is eligible to receive a $1,000.00 Education
Incentive and not the cumulative amount of $1,500.00 ($500.00 AS degree + $1,000.00 BS
degree). The maximum amount of Education Incentive for each bargaining unit member shall be
capped at $1,500.00.
3. Even though the Education Incentive is not included in the base pay for the grade
and step in the salary classification pay, the Education Incentive shall be counted as
compensation for retirement purposes.
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ARTICLE 29: 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.
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ARTICLE 30: PAID TIME OFF
1. Effective the last pay period ending in December, 2006, all vacation and personal
hours accrued to that point will be converted to paid time off (PTO) hours at a one to one ratio.
2. Effective the pay period beginning December 30, 2006, all bargaining unit
employees shall no longer accrue vacation, sick or personal time.
3. Effective the pay period beginning December 30, 2006, .all paid time off by
bargaining unit employees will utilize PTO whether scheduled or unscheduled notwithstanding
Article 33.
4. Effective January 1, 2007, all bargaining unit employees shall begin accruing
personal time off (PTO) on a monthly basis at the following rate based upon the years of service
with the Sanford Fire Department. Zero through ten (0 -10) years of service will accrue twenty -
four hours of PTO per month. Eleven through fifteen (11 -15) years of service will accrue
twenty -six hours of PTO per month. Sixteen through twenty (16 -20) years of service will accrue
twenty -eight hours of PTO per month. Twenty -one years of service or more will accrue thirty
hours of PTO per month.
5. The maximum payout of PTO at retirement or resignation, in accordance with the
vacation pay out provisions of the City of Sanford Personnel Rules and Regulations in effect on
the effective date of this Agreement, will be 500 hours.
6. Beginning the end of fiscal year 2007/2008, and occurring on an annual basis at
the end of each fiscal year, PTO hours will be reviewed. Upon review, the maximum PTO
accrual allowed by any bargaining unit employee will be 720 hours and any PTO hours above
that will be removed from those employees' accruals on the next normal business day.
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7. In the event that scheduled time'off is cancelled due to an unplanned significant
event as declared by the City, then the City agrees to extend the PTO accrual review deadline,
referenced in paragraph 6, to three times that of the actual event.
8. Effective March 25, 2013, each bargaining unit employee may donate up to 48
PTO hours in accordance with the sick leave donation provisions of the City of Sanford
Personnel Rules and Regulations in effect on the effective date of this Agreement.
9. Effective January 22, 2007, a Kelly day program will begin. Any bargaining unit
employee who has three or more years of service with the Sanford Fire Department shall receive
ten paid 24 hour shifts ( "Kelly days ") off per year. Any employee who has less than three years
of service with the Sanford Fire Department shall receive five 24 hour shifts ( "Kelly days ") off
per year. Any newly hired employees will be assigned to the Kelly shift schedule and begin their
scheduled Kelly days from that point in the schedule receiving only the remaining Kelly days for
that fiscal year schedule. The schedule assignment and the conditions of the rotation list shall be
approved by the Chief. A Kelly day is defined as a management scheduled paid leave of 24 hours
under current practices.
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ARTICLE 31: HEALTH AND WELLNESS PROGRAM
The City and the Union have mutually agreed to institute a wellness program for
the members of the Sanford Professional Fighters Local 3996. The wellness program's main
goal is to identify any cardiac conditions that may be considered dangerous to the health of the
member and to aid that member is seeking treatment for such. Additionally, the wellness
program offers all Union members various voluntary medical testing procedures, with the hope
that any unseen potential medical problem can be identified and addressed.
The program will be comprised and limited to the following:
PROGRAM CONTENTS
Cardiopulmonary/Fitness Evaluation:
The agreed upon medical provider will evaluate the Union member's cardiac status with a resting
EKG and cardiac stress test. The stress test is the Gold Standard in the detection of coronary
heart conditions as well as cardiovascular fitness levels.
Health Questionnaire:
An assessment of the Union member's functional capacity such as muscular strength,
endurance, flexibility, and discussion on diet and nutrition habits. A personal "fitness
prescription" based upon the fitness, diet, cardiovascular and exercise needs will be provided to
each Union member. A questionnaire is provided to each Union member while it is not
mandatory to answer any question deemed "too personal" each member is encouraged to
complete the package so as to gain a true understanding of his /her health status.
Ultrasound:
The agreed upon medical provider uses ultrasound to evaluate the different organs for tumors,
masses, cysts, enlargements, organ failure, and other critical conditions. The Union members
shall be required to submit to the ultrasound procedure in regard to cardiac function only. This is
the only portion of the exam that evaluates the heart for overall heart and valve function,
efficiency, size, motion, and for potential carotid artery blockages and the aortic aneurysms. All
other ultrasound tests are to be optional and up to the individual union member.
Blood Testing:
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The Union member will submit to the basic blood testing panel currently being utilized by the
agreed upon medical provider, the exception is any blood testing on HIV will be on a voluntary
basis only.
Drug Testing:
The City and the Union agree that drug testing is not part of this program as the City already has
a drug testing policy.
Record Keeping and Confidential Information:
The City and the Union understand and agree the City shall not maintain any of the medical
questionnaires or records of any Union member. The Vendor will maintain all records as
confidential per current HIPAA requirements. This provision is not to be construed as a release
to obtain medical information.
Duty Status Reporting:
The City and Union agree that the Vendor will only provide "not able to perform essential
functions of employee's position" status report on any Union member after testing. No specific
detail as to what medical problem the Union member has will be shared with the City and the
City will not request such information as per HIPAA and the terms of this agreement.
Any deviations or changes in this program shall not occur unless mutually agreed upon
through the collective bargaining process or without written agreement by both parties.
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ARTICLE 32: HOLIDAYS
1. Any bargaining unit employee who works on the shift commencing at 08:00 a.m.
on any Thanksgiving, Friday following Thanksgiving, Christmas Eve, Christmas, New Years
Day, Martin Luther King Day, Memorial Day, Independence Day and Labor Day during this
Agreement shall qualify for holiday pay for the holiday actually worked. In addition to the
amount of pay typically to be received for working that shift, a bargaining unit employee shall
receive an additional amount of 1/2 their normal rate of pay for all hours actually worked on the
above holidays between 08:00 a.m. and midnight (a maximum of 16 hours at an additional 1/2
times normal rate of pay).
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ARTICLE 33: SICK LEAVE
1. Effective December 31, 2006, each bargaining unit member's sick time hours will
be frozen at the current number of hours accrued.
2. Effective January 1, 2007, any bargaining unit member retiring under the
guidelines for retirement in accordance with the retirement provisions of the City of Sanford
Personnel Rules and Regulations in effect on the effective date of this Agreement shall receive
up to 1009 hours of their accrued frozen sick time paid out at that employee's rate of pay as of
September 29, 2006.
3. The City may, at any time, pay out bargaining unit employees' sick time accruals
of up to 1009 hours at that bargaining unit member's September 29, 2006 rate of pay before
retirement.
4. Effective January 1, 2007, bargaining unit employees may utilize their accrued
frozen sick time for unscheduled sick time beyond 48 hours of concurrent sick absence. The first
48 hours of each such instance would remain PTO, compensation time or leave without pay.
5. Effective no later than April 1, 2007, bargaining unit employees shall receive a
short term disability benefit, for the term of this contract, which will provide for 150 calendar
days of 60% of salary up to a maximum of $800 per week to begin after a 30 calendar day
elimination period has been reached. This benefit is subject to the terms and conditions
presented by the private carrier.
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ARTICLE 34: 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 City of 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 or 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.
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ARTICLE 35: LEAVES OF ABSENCE WITHOUT PAY
The Fire Chief, in his discretion, may approve a written request for a leave of
absence. 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.
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ARTICLE 36: 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.
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ARTICLE 37: 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.
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ARTICLE 38: ENGINEER INCENTIVE
1. Effective October 1, 2007, engineer incentive pay in the amount of $38.50 per
two week pay period shall be paid to all bargaining unit employees who successfully complete
an engineer program that is to be developed by the department's SOP committee and approved
by the Chief.
2. Effective October 1, 2008, and each October thereafter, bargaining unit
employees who have successfully completed the engineer program must pass a recertification
test, to be developed by the department's SOP committee and approved by the Chief, to continue
to receive the engineer incentive pay in the amount of $38.50 per two week pay period.
3. While the "Engineer Incentive" is not included in the base pay for the grade and
step in the salary classification pay, the "Engineer Incentive" shall be included in the base pay
and shall be counted as compensation for retirement purposes.
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ARTICLE 39: SPECIALTY PAY
1. Effective October 1, 2007, specialty pay in the amount of $29 per two week pay
period shall be paid to all bargaining unit employees who successfully complete the five
Operational Level Courses o£ Rope Rescue, Trench Rescue, Confined Space Rescue, Vehicle &
Machinery Rescue, and Emergency Building Shoring or Structural Collapse.
2. Effective October 1, 2007, additional specialty pay in the amount of $29 per two
week pay period shall be paid to all bargaining unit employees who successfully complete the
four Technical Level Courses of: Rope Rescue, Trench Rescue, Confined Space Rescue, and
Vehicle & Machinery Rescue.
3. While the "Specialty Pay" is not included in the base pay for the grade and step in
the salary classification pay, the "Specialty Pay" shall be included in the base pay and shall be
counted as compensation for retirement purposes.
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1. Effective March 1, 2007, bargaining unit employees of local IAFF 3966 shall be
afforded the opportunity to enter a retirement program governed by the Internal Revenue Code
457. It is however understood the City will make available the IAFF Financial Corporation 457
Plan as either the sole option, or one of the options that bargaining unit employees may
participate in. Bargaining unit employees will be entitled to transfer 457 plan assets to the plan
of choice without penalty from the City.
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ARTICLE 41: 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. This Agreement shall become effective upon ratification by the bargaining unit members
and approval by the City Commission and shall expire on September 30, 2016. The wage
increases described in Article 23 shall be retroactive to October 1, 2014, upon execution of this
contract by the City.
3. The wages set forth in Article 23 shall automatically expire on September 30, 2016.
Wage increases, if any, after September 30, 2016 shall be negotiated between the City and the
lid
•"
4. The City shall have the right to reopen negotiations for the limited purpose of
negotiating Article 29 (Retirement Benefits) for Fiscal Year 2014 -2015 and /or Fiscal Year 2015-
2016. For the City to reopen negotiations as to Article 29 for a fiscal year, it must provide
written notice to the Union. In the event that the City exercises this right to reopen negotiations,
the Union shall have the right to reopen one article other than Article 23 Wages for the same
fiscal year. For the Union to exercise its right to reopen, the Union must send the City written
notice, within 30 days of the City's notice, of the article reopened by the Union.
Page 63 of 64
SANFORD PROFESSIONAL FIREFIGHTERS
LOCAL 3996, IAFF
By: 'f�~
Title:
Date:
Page 64 of 64
CITY OF SANFORD
By 7
itle: 1,4.E
_Q Date: