HomeMy WebLinkAboutR-95-0227J-95-234A
3/16/95
RESOLUTION NO.
95- 227
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT ("AGREEMENT"), IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION
KNOWN AS THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 587, AFL-CIO, FOR THE
PERIOD OF OCTOBER 1, 1995 THROUGH
SEPTEMBER 30, 1998, UPON THE TERMS AND
CONDITIONS SET FORTH IN THE ATTACHED
AGREEMENT.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The City Manager is hereby authorized to
enter into a Collective Bargaining Agreement ("Agreement"), in
substantially the attached form, between the City of Miami and
the employee organization known as the International. Association
of Firefighters, Local 587, AFL-CIO, for the period of October 1,
1995 through September 30, 1998, upon the terms and conditions
set forth in the attached Agreement.
Section 2. This Resolution shall become effective
immediately upon its adoption.
�AT7AC1,1PAE.- N T
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CITY COMMISSION
MEETING OF
MAR 7 7 1995
Resolution No,
95- 227
PASSED AND ADOPTED this 27th day of March , 1995.
S PHEN P. CLA , MAYOR
PREPARED AND APPROVED BY:
RAMON IRIZA I
ASSISTANT ITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
At QU NN J I I
CITY ATTO Y
Rl:osk:M5003
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AGREEMENT
BETWEEN
CITY OF MIAMI, FLORIDA
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
LOCAL 587
OCTOBER 1, 1995 THROUGH SEPTEMBER 30, 1998
95- 227
4
AGREEMENT . . . . . . .
AGREEMENT IN.EVENT OF TRANSFER .
APPENDIX A . . . . . . . . . . . .
APPENDIX B . . . . . . . . . . . .
BLOOD DONORS . . . . . . . .
BULLETIN BOARDS. . . . . . . . . .
CALL BACK PAY . . . . . . . . . . .
CONSTANT STAFFING. . . . . . . . .
DEATH IN FAMILY . . . . . . . . . .
DISCRIMINATION . . . . . . . . . .
EARNED PERSONAL LEAVE (FH TIME). .
EDUCATION . . . . . . . . . . . .
EMPLOYEE RIGHT TO REPRESENTATION .
FAMILY LEAVE AND LEAVES OF ABSENCE
GRIEVANCE PROCEDURE. . . . . . . .
GROUP INSURANCE. . . . . . . . . .
HOLIDAYS/VACATION/SICK TIME. . . .
HOURS OF WORK . . . . . . . . . . .
LINE OF DUTY INJURIES. . . . . . .
LOSS OF EQUIPMENT. . . . . . . . .
MANAGEMENT RIGHTS. . . . . . . . .
NO STRIKE . . . . . . . . . . . . .
NOTICES . . . . . . . . . . . . . .
OVERTIME . . . . . . . . . . . . .
PARITY . . . . . . . . . . . . .
PENSION . . . . . . . . . . . . . .
PERSONNEL ALLOCATION . . . . . . .
PHYSICAL EXAMINATIONS. . . . . . .
PREVAILING BENEFITS. . . . . .
RECOGNITION. . . . . . . . . . . .
REPRESENTATION OF THE CITY . . . .
REPRESENTATION OF THE UNION. . . .
RESIDENCY . . . . . . . . . . . . .
REVENUE INCENTIVE PAY. . . . . . .
SAFETY COMMITTEE . . . . . . . . .
SAFETY SHOES . . . . . . . . . . .
SAVINGS PROVISION. . . . . . . . .
SHIFT EXCHANGE . . . . . . . . . .
SHIFT STRENGTH . . . . . . . . . .
SPECIAL MEETINGS . . . . . . . . .
STATION COMMANDERS . . . . . . . .
SUBSTANCE/ALCOHOL -
PERSONNEL SCREENING . . . . . .
TERMINATION AND MODIFICATION . . .
TOTAL AGREEMENT. . . . . . . . . .
TRANSITION . . . . . . . . . . . .
UNION BUSINESS . . . . . . . . . .
UNION REPRESENTATIVES. . . . . . .
VACANCIES - PROMOTIONS . . . . . .
WAGES . . . . . . . . . . . . . .
WORKING OUT OF CLASSIFICATION. . .
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95- 227
AGREEMENT
THIS AGREEMENT is entered into by the CITY OF MIAMI,
FLORIDA, a municipal corporation, hereinafter referred to as the
City, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL
#587, hereinafter referred to as the Union. It is the intention
of this Agreement to provide for wages, fringe benefits and other
terms and conditions of employment. It is further the intention
of this Agreement to prevent interruption of work and
interference with efficient operation of the City of Miami and to
provide for an orderly, prompt and just manner of handling
grievances.
ARTICLE 1
RECOGNITION
1.1 The City hereby recognizes the Union as the.sole and
exclusive bargaining agent for all persons in the Fire Department
within the following classifications Firefighter, Fire
Lieutenant, Fire Captain, and Chief Fire Officer. Excluded are
all other employees and classifications, and specifically
excluded are: Fire Chief, Assistant Fire Chief, Director of
Training, Chief of Fire Prevention, Chief of Rescue, Battalion
Chief, and Executive Assistant to Fire Chief.
ARTICLE 2
NO STRIKE
2.1 "Strike" means the concerted failure to report for
duty, the concerted absence of employees from their positions,
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the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part by any
group of employees from the full and faithful performance of
their duties of employment with the City, participation in a
deliberate and concerted course of conduct which adversely
affects the services of the City, or picketing in furtherance of
a work stoppage either during the term of the Collective
Bargaining Agreement or after the expiration of a Collective
Bargaining Agreement.
2.2 Neither the Union, nor any of its officers or
agents, nor members covered by this Agreement, nor any other
employees covered by this Agreement, will instigate, promote,
sponsor, or engage in any strike, sympathy strike, slowdown,
concerted stoppage of work, picketing in support of a work
stoppage, or any other activity which prohibits an employee from
reporting for duty.
.ARTICLE 3
UNION BUSINESS
An employee organization time pool is hereby authorized
subject to the following;
3.1 The City agrees to establish a one time pool bank of
three thousand six hundred (3,600) hours per fiscal year to be
used in accordance with the provisions of this Article and during
the term of this Agreement. All unused hours will be carried
over to the following fiscal year.
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3.2 For each bargaining unit member, except the Employee
Organization President, who is authorized to use time from the
time pool, the President or his designee shall fill out the
appropriate form as provided by the City. This form shall be
processed through channels of the bargaining unit member who is
to use the pool time. The form will be processed as soon as
possible and when possible will be in the office of the Fire
Chief seven (7) calendar days prior to the time the employee has
been authorized to use the pool time.
3.3 Bargaining unit members shall be released from duty
on pool time only if the needs of the service permit, but such
release shall not be unreasonably denied. If because of the
needs of the service a bargaining unit member cannot be released
at -the time desired, the Employee Organization may request an
alternate bargaining unit member be released from duty during the
desired time.
3.4 Employee Organization Time Pool hours will be used
on an hour for hour basis, regardless of the hourly rate of the
bargaining unit member using Time Pool time. In reporting a
bargaining unit member's absence as a result of utilizing the
Organization Time Pool, the daily attendance record shall
reflect:
"John Doe on EUP" (Union Time Pool)
3.5 Any injury received or any accident incurred by a
bargaining unit member whose time is being paid for by the
Employee Organization Time Pool, or while engaged in activities
paid for by the Employee Organization Time Pool, shall not be
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considered a line -of -duty injury, nor shall such injury or
accident be considered to have been incurred in the course and
scope of his employment by the City within the meaning of Chapter
440, Florida Statutes as amended. This section shall not include
benefits attainable through F.S. 112.181.
3.6 Upon written request through channels, only the
Employee Organization President will be released for the term of ,
this Agreement from his or her regularly assigned duties for the
City of Miami Fire Department. The terms of this Agreement for
such release are only to be implemented if the following
qualifications are met by the Employee Organization:
(a) The Local 587 President will reasonably be available
at the Local 587 Office currently located at 2980
N.W. South River Drive, Miami, Florida, 33125, for
consultation with the Management of the City.
(b) The Employee Organization President shall be the
only Bargaining Unit representative released on
"EUP" time to appear before any City Board or
Commission. In the absence of the President, the
President's designee may represent the Employee
Organization; however, the designee must comply with
Section 2 of this Article.
(c) The Time Pool will be charged for all hours during
which the Employee Organization President is on off -
duty release except that absence due to use of
vacation leave, compensatory leave, sick leave, or
holidays will be charged to the President's employee
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accounts. The Employee Organization President shall
not be eligible for overtime or compensatory time,
unless performing work in excess of the normal work
week for the Fire Department in his/her civil
service classification.
3.7 All applicable rules, regulations and orders shall
apply to any bargaining unit member on time pool release.
Violations of the above -mentioned rules, regulations and orders
shall subject the bargaining unit member on pool time to the
regular disciplinary processes currently provided for in the
Miami Fire Department.
3.8 The City reserves the right to rescind the
provisions of this Article in the event any portion of the
Article is found to be illegal. Cancelling the Article shall not
preclude further negotiations of future employee pool time.
3.9 Each bargaining unit member covered by this
Agreement may voluntarily contribute vacation time to the Time
Pool in 12-hour increments.
3.10 Each bargaining unit member who wishes to donate
time will use a time pool donation form which will be provided by
the City. This form shall include language releasing the City
from any and all liability to pay for vacation time contributed
by the bargaining unit member to the Time Pool.
3.11 The Union will be allowed up to three (3) bargaining
unit member representatives who shall be permitted to participate
in labor contract negotiation sessions while on duty with no loss
of pay or emoluments.
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ARTICLE 4
DISCRIMINATION
4.1 No employee covered by this Agreement will be
discriminated against with regard to any job benefits or other_
conditions of employment accruing from this Agreement because of
race, creed, national origin, union membership or sex.
4.2 All references in this Agreement to employees of the
male gender are used for convenience only and shall be construed
to include both male and female employees.
4.3 The Union agrees to support the City's current
Affirmative Action Programs and any other similar affirmative
action programs affecting Fire Department personnel which may be
developed by the City in negotiations with the Union.
4.4 The City and Union agree to support Affirmative
Action programs and any mandates of a court of proper
jurisdiction that are designed to bring minority candidates up to
the standard required for the Fire service or other such programs
which are consistent with applicable law.
ARTICLE 5
PREVAILING BENEFITS
5.1 Job benefits heretofore authorized by the City
Manager, continuously enjoyed by all employees covered by this
Agreement and not specifically provided for or abridged by this
Agreement, shall continue upon the conditions by which they had
been previously granted.
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5.2 This Agreement shall not be construed to deprive any
employee of benefits or protection granted by the laws of the
State of Florida, ordinances of the City of Miami, or resolutions
of the City of Miami in effect at the time of execution of this
Agreement.
5.3 The City and the Union will meet at the request of
the City to negotiate any proposed changes in those rights and
benefits not specifically covered by the Agreement, provided
however no changes shall be made in the language or intent of
this Agreement except by mutual consent.
5.4 However, nothing in this Article shall prevent the
City from implementing the terms of the current Consent Decree or
any future legal mandates placed upon the City by applicable
laws.
ARTICLE 6
MANAGEMENT RIGHTS
6.1 It is understood and agreed that the City possesses
the sole right to operate the Fire Department and that all
management rights are expressly reserved to the City of Miami,
but that such rights must be exercised consistent* with the
provisions of this Agreement. These rights include, but are not
limited to, the following: discipline or discharge for just
cause; direction and supervision of all personnel; the hiring,
the assignment or transfer of employees; determination of the
mission and objective of the Fire Department; determination of
the methods, means, and number of personnel needed to carry out
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the Fire Department's missions and objectives; introduction of
new or improved methods or facilities; and scheduling of
operation and shifts.
ARTICLE 7
UNION REPRESENTATIVES
7.1 Representatives of the Union who are not employees
of the City shall be certified in writing to the City Manager.
Certified representatives may be allowed to meet with individual
employees on City property during working hours to carry on
normal business of the Union, if the Fire Chief has prior
knowledge of such activity and such visitation does not interfere
with efficient operations.
ARTICLE 8
NOTICES
8.1 The City agrees, to make available to the President
of the Union the following notices or bulletins: City Commission
Agenda; changes or additions to the City Administrative Policy
Manual and the Personnel Policy Manual; Budget Estimate as
distributed by the City Manager to the City Commission --which
shall include the Fire Department estimate. Such notices or
bulletins will be picked up by a Union representative at the
Labor Relations Office during normal work hours, or be
transmitted through the interoffice mail to a Fire Station
designated by the Union President.
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ARTICLE 9
SHIFT EXCHANGE
9.1
Employees shall have the right to exchange shifts
under the
following circumstances:
A)
He may owe up to five (5) shifts at any one time
including "R" days.
B)
He may be owed up to five (5) shifts at any one time
including "R" days.
C )
Employees may exchange time but in no event will an
exchange of time result in the employee working in
excess of two consecutive tours of duty.
D)
Trading of time must be done voluntarily by the
employees.
E)
The reason for the shift exchange is not related to
City business.
F)
The period during which time is traded and paid back
does not exceed twelve months.
G)
The City incurs no overtime obligation as a result
of the shift exchange.
H)
1) Exchange of time shall not occur between
firefighters and officers.
2) Exchanges of time between officers within the
Emergency Response Division may occur at the
same rank, at one (1) rank below, or at one (1)
rank above, the officer's rank.
3) With the restrictions set forth above, personnel
assigned to Advanced Life Support positions may
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exchange time with personnel who are state
certified paramedics.
ARTICLE 10
VACANCIES - PROMOTIONS
10.1 When a classified permanent promotional vacancy
occurs in any position it shall be filled within a reasonable
period of time after the official severance of the vacating Fire
Department member. Filling of all vacancies shall be in
accordance with the Civil Service Rules and Regulations, so long
as they are not inconsistent with provisions of this Agreement.
All vacancies shall be filled from the promotional register in
effect at the time the vacancy occurs. If a promotional register
is -not in effect, vacancies will be filled from the next
promotional register.
Promotions will be to the effective date of vacancy
for the classified position.. For pay purposes, if the City fails
to promote within thirty (30) calendar days from the effective
date of the vacancy, retroactive pay shall be paid beginning
thirty one (31) days from the effective date of the vacancy.
10.2 This provision shall not apply when a 'freeze is
declared by the City Manager or the position is abolished. Once
a freeze is lifted, vacancies shall be filled as outlined in
10.1.
10.3 The Department of Personnel Management will keep the
members of the bargaining unit covered by this Agreement advised
as to promotional opportunities to positions within Article 1 --
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10.4 Further, the Personnel Management Department
Director will advise eligible applicants for promotional
opportunities of the general area to be reviewed for preparation
prior to the exam.
10.5 The Fire Department Book Review Committee will
review and discuss books and technical publications they deem
worthy of consideration by the Personnel Management Department
for testing purposes. The Personnel Management Department and
the Book Review Committee or its representative shall meet and
discuss the books, materials, scoring procedures, weights of
books, etc. to be used in the promotional examinations for all
positions covered by this collective bargaining agreement. Such
input from the Book Review Committee will be received and
considered by the Personnel Management Department, but should not
be binding on its usage by the Personnel Management Department.
10.6 All promotional registers for Lieutenant, Captain
and Chief Fire Officer shall -remain in effect for a period of two
(2) years from the date the register becomes effective, unless
the register is exhausted.
10.7 Promotional examinations for classified bargaining
unit positions shall be given as soon as possible after the
expiration of the previous promotional register for the
classified position. The cutoff date to determine seniority and
eligibility for the examination will be the first day the
examination is administered provided the examination is
administered within thirty (30) days of the expiration of the
previous promotional register. If_ the examination is
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administered later than thirty (30) days from the expiration of
the previous promotional register, the cutoff date for seniority
and eligibility shall be thirty (30) days from the expiration
date of the previous promotional register. The effective date
for new promotional registers will be thirty (30) calendar days
from the expiration date of the previous promotional register for
the classified position, regardless of when the test was given.
10.8 Promotional registers for Lieutenant, Captain and
Chief Fire Officer taking effect after the ratification of this
Agreement, shall have ties broken using seniority credit that was
not previously used in calculating the seniority score for the
exam. If a tie still exists, it shall be broken in favor of the
highest ranking Firefighter on the Department seniority list for
the -Lieutenants, register, or the highest ranking Officer on the
appropriate seniority in grade list for the Captains' or Chief
Fire Officers' register.
10.9 Effective upon, ratification of this Agreement,
except where prevented by Federal law or Federal mandate,
qualified applicants who are State certified as a Firefighter or
State certified as a Paramedic, may be given consideration before
other applicants for employment as determined by the Fire Chief.
10.10 The parties intend to include in the next
collective bargaining agreement, a requirement that firefighters
be a State certified Paramedic and pass the Fire Department
driver/engineer course to be eligible to take a Lieutenants
promotional examination.
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ARTICLE 11
BULLETIN BOARDS
11.1 The City shall furnish at each Fire station, Fire
Prevention Bureau, Fire College, Fire Central Information Office,
Headquarters Building, and Fire Chief's Office, space for
bulletin boards for the purpose of Union notices. Material
posted shall be subject to review by the Fire Chief or his
designee. Any notice placed on the bulletin board shall bear on
its face the legible designation of the person responsible for
placing such notice or item on the board.
11.2 Notices shall not contain anything reflecting
adversely on the City or any of its officers and no material,
notices or announcements which violate the provisions of this
Article shall be posted.
11.3 Notices posted must be dated and bear the signature
of the Union President or his authorized representative.
ARTICLE 12
LINE OF DUTY INJURIES
12.1 The City agrees to pay all medical and
hospitalization expenses incurred by any employee covered by
this Agreement who is found to have sustained a compensable line -
of -duty injury as provided for by the Worker's Compensation Law
of the State of Florida.
12.2 The City agrees that any employee covered under this
contract who is disabled as a result of any accident, injury or
illness incurred in line of duty shall be granted supplementary
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salary of which a part thereof is Worker's Compensation as
provided by Resolution No. 39802, provided however no
supplementary salary will be paid to anyone injured while
performing an act intended to injure or hurt one's self or
another. Supplementary salary shall only be granted for a period
of one hundred fifty (150) consecutive days from the date of
injury. Said supplementary salary may be extended up to an '
additional sixty (60) consecutive days for serious injuries upon
approval of the City Manager and the Fire Chief. The one hundred
fifty (150) days being when the employee is actually placed on
"D". While the employee is on "D", such time will be calculated
consecutively including days off, "R" days, etc. If the employee
is removed from "D", the non-"D" time will not apply to the one
hundred fifty (150) days period.
12.3 If an accident has been declared compensable by the
City and the employee brings litigation without having first
discussed with personnel of -the Claims Division of the City of
Miami, concerning any controversy arising out of the declared
compensable accident, then the supplementary salary, as provided
by Resolution No. 39802, shall cease.
12.4 In the event that litigation is filed by an employee
following his return to work without having first met with and
discussed with personnel of the Claims Division of the City of
Miami, concerning any controversy arising out of his declared
compensable accident, it is agreed between the parties that the
previously described supplementary salary shall be recouped from
the employee's current salary by way of payroll deductions, the
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extent of subsequent payroll deductions shall not exceed 25% of
the gross pay per pay period. If the Claims Division of the City
of Miami, does not resolve any controversy arising out of a
compensable injury to the satisfaction of the injured employee,
then the supplemental salary as provided by Resolution No. 39802
shall not be jeopardized if litigation is subsequently filed by
the employee.
12.5 In the event an employee desires the presence of an
attorney to discuss a controversy with representatives of the
Claims Division of the City of Miami, the parties agree that the
attorney shall receive a token fee for his presence of $75.00 per
hour, not to exceed $150.00.
12.6 The City agrees to notify and confer with the Union
prior to any official action regarding the discontinuance of any
supplemental salary benefit related to a. line -of -duty injury.
12.7 Any condition or impairment of health caused by
Acquired Immunity Deficiency Syndrome (AIDS), Hepatitis,
Pulmonary Tuberculosis, or Meningococcal Meningitis shall be
presumed to have been accidental and to have been suffered in the
line of duty unless the contrary be shown by satisfactory
evidence. Effective upon ratification of the labor 'agreement,
any employee covered by this agreement who refuses to take the
pre -employment (post conditional offer of employment) medical
examination and all of its components relating to the
presumptions within this article, shall not be entitled to the
presumption outlined in this section and Florida Statutes 112.18.
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The presumption in favor of employees referred to in
this section shall not apply to any other contagious diseases
which may be contracted by employees. Furthermore, the
presumption shall only be applicable to worker's compensation and
disability pension benefit determinations. Nothing in this
section shall be construed as a waiver of the City's rights under ,
applicable state law.
:ARTICLE 13
SAFETY COMMITTEE
13.1 There shall be a Safety Committee in the City of
Miami Fire Department which shall consist of nine (9) members.
Four (4) members shall be appointed by the Union and four (4)
shall be appointed by the Chief of the Fire Department. A member
from the Risk Management Department shall be appointed as the
ninth non -voting member by the Chief of the Fire Department upon
confirmation by the Union President. The ninth non -voting member
may be replaced upon a 50% vote of the voting members of the
Safety Committee.
13.2 The Safety Committee shall meet bimonthly, or more
or less often by mutual consent, and such meeting' shall be
scheduled at the time established by the Chief of the Fire
Department. The Chief of the Fire Department, or his designee,
shall preside at all meetings.
13.3 The purpose of these meetings will be to discuss
problems and objectives of mutual concern, concerning safety and
health conditions of the Fire Department, but excluding
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grievances or matters which are the subject of collective
bargaining negotiations between the parties.
13.4 Meetings shall be conducted on a semi -formal basis
following an agenda which shall include items submitted by any
member of the Committee to the Chief of the Fire Department at
least five (5) working days prior to the meeting, together with
such information as may be helpful in preparing a meaningful
meeting agenda program. The agenda shall be provided each member
of the Committee. The Chief of the Fire Department shall arrange
for minutes to be taken of each meeting, and for distribution of
copies to each member of the Committee. Recommendations of the
Committee may be sent to the City Manager or his designee if
requested by a member of the Committee.
13.5 Agended issues and subsequent discussions on the
subject of safety and health shall not limit or preclude the
right of the Union to seek enforcement of safety requirements
under the Occupational Safety. and Health Act, if applicable.
:ARTICLE 14
SPECIAL MEETINGS
14.1 The City and the Union agree to meet and' confer on
matters of interest upon the written request of either party.
The written request shall state the nature of the matters to be
discussed and the reason(s) for requesting the meeting.
Discussion shall be limited to matters set forth in the request,
but it is understood that these special meetings shall not be
used to renegotiate this .Agreement. Special meetings shall be
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held within ten (10) calendar days of the receipt of the written
request and shall be held between 8:00 a.m. and 5:00 p.m. at a
time designated by the City. The Union shall be represented by
not more than four (4) persons at special meetings.
14.2 Employee representatives of the Union at special
meetings will be paid by the City for time spent in special
meetings if on duty, but only for the straight time hours they
would otherwise have worked on their regular work schedule. For
the purpose of computing overtime, time spent in special meetings
shall be considered as hours worked to the extent of the regular
work schedule hours which they otherwise would have worked.
14.3 No special meeting shall be held unless the Fire
Chief is notified in advance and approves the arrangements made
for• releasing any on -duty Firefighter who is to attend such
meeting.
14.4 The parties agree to participate in the Labor/
Management process as currently established. The Labor/
Management process is an ongoing tool for addressing and solving
issues and problems concerning the Union, the Department and the
City. Issues are dealt with as they arise and do not require the
formalities of reopening negotiations. Any agreements made that
have an economic impact on the City must be approved by the City
Manager or his designee. It is agreed this process complies with
and is an extension of Article 14, as the Labor/Management
process applies to collective bargaining.
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ARTICLE 15
GRIEVANCE PROCEDURE
15.1 A grievance is defined as a dispute involving the
interpretation or application of the specific provisions of this
Agreement, except as exclusions are noted in other articles of
this Agreement.
15.2 A grievance shall refer to the specific provision or
provisions of the Agreement alleged to have been violated. Any
grievance not conforming to the provisions of this paragraph or
that contains non -identification of a specific article(s) of this
agreement shall be denied and not eligible to advance through the
steps of the Grievance Procedure including arbitration.
Grievances involving Workers' Compensation are not subject to
this Agreement, except that a question concerning supplemental
salary may properly be processed as set forth in the Article
entitled "Line of Duty Injuries."
15.3 To simplify the. Grievance Procedure, the number of
"working days" in presenting a grievance and receiving a reply
from the different levels of supervision shall be based upon a
forty (40) hour, five (5) day, work week, Monday through Friday,
except for personnel assigned to a twenty --four (24) hour shift,
in which case a work day for the filing of a Step 1 grievance
shall consist of twelve (12) working hours.
15.4 All employees covered by this Agreement shall be
required to make a written Election of Remedy prior to filing any
grievance at Step 2 or higher steps or initiating action for
redress in any other forum. Such choice of remedy will be made
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wg.,
in writing on a form to be supplied by the City. Any employee
electing a remedy other than this grievance procedure shall be
denied the use of the Grievance Procedure for the resolution of
this specific grievance.
The Union and its members agree that the appeal to
any other forum to resolve an issue that would otherwise be
subject to this grievance procedure under this Agreement would
preclude the use of said Grievance Procedure to resolve such
alleged grievanle issues.
15.5 Nothing in this Article shall prevent the Union from
appearing before the City Commission or other City boards on
matters concerning the terms and conditions of employment or on
any matter affecting the welfare of its members, and such shall
not•be considered as an election of remedy under this Article.
However, such appearance by the Union shall not be in violation
of Florida Statutes, Chapter 447.501 (2), (a), (b), (c).
15.6 Grievances shall be processed in accordance with the
following procedure;
Step 1. The aggrieved employee shall discuss the
grievance with his immediate officer within five (5)
working days of the occurrence which gave rise to the
grievance. The Union representative may be present to
represent the employee, if the employee desires him
present. The immediate officer shall attempt to adjust
the matter and/or respond to the employee within five (5)
working days.
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Where a grievance is general in nature in that
it applies to a number of employees having the same issue
to be decided, or if the grievance is directly between the
Union and the City, it shall be presented directly at Step
3 of the Grievance Procedure, within the time limits
provided for the submission of a grievance in Step 1 and
signed by the aggrieved employees or the Union
representative on their behalf. All grievances must be
processed within the time limits herein provided unless
extended by mutual agreement in writing. Any grievance
not processed by the Union in accordance with the time
limits provided in each step of the Article shall be
considered conclusively abandoned. Any grievance not
processed by the City within the time limits provided
herein shall be automatically advanced to the next higher
step in the Grievance Procedure.
Step 2. If the Grievance has not been satisfactorily
resolved, the aggrieved employee or employees shall meet
with the Union Grievance Committee on non -City time and
non -City property and the Union Grievance Committee shall
determine if a grievance exists. If the Grievance
Committee decides to advance the Grievance, a Union
representative shall reduce the grievance to writing on
the standard form provided by the City for this purpose
and present such written grievance to the Fire Chief
within forty (40) calendar days from the date the Step 1
answer was given to the grievant or the Union. The Fire
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V-419•
Chief shall meet with the Union representative and shall
respond to the Union in writing within five (5) working
days from receipt of the written grievance.
Within the forty (40) calendar day time frame as
outlined above, the Union shall notify the Fire Chief in
writing of the nature of the grievance; what specific
provision(s) were allegedly violated; whether the Union
will advance the grievance; and the date on which the
grievant was advised of the Committee's decision. If the
Union decides not to advance the grievance, the grievant
must submit a written grievance to the Fire Chief within
three (3) calendar days of the date on which he was
advised by the Union of its position or the grievance
shall be considered abandoned.
The panties agree, however, that nothing in this
section shall be construed to prevent a member of the
bargaining unit from presenting his grievance to the
public employer and have such grievance adjusted without
the intervention of the bargaining agent, if the
adjustment is not inconsistent with the terms of the
Collective Bargaining Agreement then in effect. The
bargaining agent will be given a reasonable opportunity to
be present at any meeting between the grievant and the
City representatives for the resolution of said grievance.
All of the above must be consistent with the time frames
described in the various steps of the Grievance Procedure
as outlined herein.
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Step If the Grievance has not been satisfactorily
resolved in Step 2, the Union may present a written appeal
to the City Manager within seven (7) working days from the
time the response was due in Step 2. The City Manager or
his designee shall meet with the Union representative and
he shall respond in writing to the Union within ten (10)
working days from the receipt of appeal.
Step 4. If the Grievance has not been satisfactorily
resolved at the Step 3 level of •the Grievance Procedure,
the Union or an individual bargaining unit grievant may
request a review by an impartial arbitrator provided such
request is filed in writing with the City Manager no later
than fifteen (15) working days after the City Manager's
response is due in Step 3 of the Grievance Procedure.
15.7 The parties to this Agreement will attempt to
mutually agree upon an independent Arbitrator. If this cannot be
done, one will be selected from a panel or panels to be submitted
by the American Arbitration Association. The cost of said
panel(s) shall be shared equally by the parties. Alternatively,
the parties may mutually agree to select an Arbitrator from a
panel(s) submitted by the FMCS.
15.8 The arbitration shall be conducted under the rules
set forth by the American Arbitration Association on this subject
except that Rules 1, 2, 3, 4, 5, 6, 7 (b) , 8, 9, 12, 14, 15, 16,
21, 25, 42, and 43 shall not be applicable or utilized by the
Arbitrator. Subject to the following, the Arbitrator shall have
jurisdiction and authority to decide a grievance as defined in
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this Agreement. The Arbitrator shall have no authority to
change, amend, add to, subtract from or otherwise alter or
supplement this Agreement or any part thereof or any amendment
thereto. The .Arbitrator shall have no authority to consider or
rule upon any matter which is stated in this Agreement not to be
subject to arbitration or which is not a grievance as defined in '
this Agreement, or which is not specifically covered by this
Agreement; nor shall this Collective Bargaining Agreement be
construed by an arbitrator to supersede applicable laws in
existence at the time of signing this Agreement.
15.9 The Arbitrator may not issue declaratory or advisory
opinions and shall confine himself exclusively to the question
which is presented to him, which question must be actual and
existing.
15.10 It is contemplated that the City and the Union
mutually agree in writing as to the statement of the matter to be
arbitrated prior to hearing.. When this is done, the Arbitrator
shall confine his decision to the particular matter thus
specified. When the parties are unable to agree, the Arbitrator
shall decide the issue or issues to be arbitrated.
15.11 Each party shall bear the expense of its own
witnesses and of its own representatives. The parties shall bear
equally the expense of the impartial arbitrator. The party
desiring a transcript of the hearing will bear the cost of same.
15.12 Copies of the award of the arbitration made in
accordance with the jurisdiction or authority under this
Agreement shall be furnished to both parties within thirty (30)
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days of the hearing and shall be final and binding on both
parties.
ARTICLE 16
SAFETY SHOES
16.1 The City shall reimburse bargaining unit employees
up to $75 for the purchase of an initial pair of safety shoes or
the replacement of same due to job related wear and tear or
accidental destruction. To receive this allowance, the employee
will present the purchased shoes and the bill of sale to a
management representative. Safety shoes paid for by the City
shall only be worn when on Fire Department business, including
reporting to and from work.
16.2 The Chief of the Fire Department or his designee
shall determine when, in his judgment, a pair of safety shoes
shall be issued as replacement. Safety shoes shall be issued on
the basis of need and not on -an automatic basis. Any bargaining
unit member requesting the replacement of more than one (1) pair
of safety shoes during a calendar year shall satisfactorily
demonstrate in writing on a form provided by the City that the
replacement of said safety shoe is necessary due to job related
wear and tear or accidental destruction.
16.3 Employees who work in positions of which safety
shoes are not required shall not be eligible for a shoe
allowance.
16.4 The shoe standard as administered in the past must
be met to qualify for the reimbursement. 5 ` 22
7
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ARTICLE 17
GROUP INSURANCE
17.1 The City agrees to pay $5.26 per pay period for the
cost of life insurance coverage and accidental death and
dismemberment coverage as currently provided by the IAFF, Local
587.
17.2 Effective as soon as possible after ratification of
this Article, employee premiums shall be tax exempt under Section
125 of the IRS code. In the event this exemption is eliminated
in the IRS code during the life of this agreement, Article 17
shall be reopened and the parties shall meet to negotiate any
changes necessitated by the loss of the tax exemption.
17.3 The pay period in which the payment of health
insurance premiums on a pre-tax basis is implemented, employees
will contribute $18.00 per pay period toward the cost of employee
health coverage or $88.00 per pay period toward the cost of
family coverage, where the employee elects to take such coverage
for point of service plan.
17.4 The pay period in which the payment of health
insurance premiums on a pre-tax basis is implemented, employees
shall contribute $10.00 per pay period toward the cost of
employee health coverage or $50.00 per pay period toward the cost
of family coverage, where the employee elects to take such
coverage for the closed HMO plan.
1.7.5 Plan design and all plan benefits shall be those
outlined within the employees benefits handbook and shall not be
changed without mutual agreement of the City and the Union.
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4.,
17.6 A standing committee will be created called the
Health Insurance Committee. It shall be made up of five (5)
City of Miami employees, one member appointed by the IAFF, one
member appointed by AFSCME, two members appointed by the City
Manager and one picked by mutual agreement of the IAFF, AFSCME
and the City Manager. The Group Benefits Administrator shall
serve as a technical advisor to the committee, but will not be a
member nor have a vote.
The committee shall meet monthly or as needed to
review employee complaints, suggestions, etc. The committee
shall have the authority by majority vote, to remedy situations
concerning claims, so long as the decision does not change the
current benefits. The committee may make recommendations on
benefit changes that would save the plan(s) money, to the City
and the Union for immediate consideration of the parties.
The committee is intended to reduce the need for the
grievance procedure and to, suggest new ideas in providing a
better and more efficient health insurance system. The parties
agree, however, that employees bringing complaints to the
committee shall be entitled to use the grievance procedure if the
committee's remedy, if any, is not satisfactory to the'employee.
ARTICLE 18
WAGES
18.1 The City agrees to increase the wage rates in
accordance with the following schedule. The increases will be
effective on the first day of the first full pay period following
the dates indicated. 95- 227
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January 1, 1997 - 4%
October 1, 1997 - Reopener
18.2 Those employees hired after September 27, 1993, who
are not rehired firefighters as outlined in this Article, shall
be hired at 10% below Step 1 and shall remain at 10% below the
Step 1 rate for a period of six (6) months. Upon completion of
the six (6) month period, the Fire fighterfprobationary employee
shall be paid as reflected in Step 1 of the appropriate appendix,
whichever is applicable.
18.3 A sixteen (16) and twenty one (21) year longevity
half step of 2.5 percent each, will be implemented effective the
first full. pay period following October 1, 1994. The sixteen
(16) and twenty one (21) year longevity will be granted in the
same manner as the ten (10), fifteen (15) and twenty (20) year
longevity steps.
18.4 In lieu of an across-the-board pay raise for fiscal
year 1993-94, and continuing thereafter, employees shall upon
retirement (all kinds, including vesting), receive a retroactive
salary increase of five percent (5%) for the employee's last or
highest one (1) year's salary.
The five percent (5%) salary increase' shall be
reflected in the hourly pay rate for the purpose of calculating
leave balance payoffs. The five percent (5%) salary increase
shall not be applicable to overtime.
18.5 Effective the first full pay period following
October 1, 1993, active bargaining unit members shall receive
Fire Prevention pay in the amount of $76.92 biweekly. Fire
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Prevention pay shall be subject to pension deductions and
applicable federal taxes and shall be included in calculating an
employee's average earnings for pension purposes.
All hours of leave of absence without pay shall be
deducted from the Fire Prevention payment on the basis of $.96
per hour for forty (40) hour employees, $.92 per hour for forty
two (42) hour employees, $.80 per hour for forty eight (48) hour
employees and $.74 per hour for fifty two (52) hour employees.
18.6 Effective the first full pay period following
October 1, 1993, the EMT pay supplement and any pay supplements
not equivalent to a five percent (5%) pay step shall be paid to
the eligible employee as a separate pay item.
18.7 Effective September 27, 1993, any City of Miami
employee, unless a former fire bargaining unit employee as
specified in 18.8, that transfers or is hired as a firefighter
into the Fire Department as a uniformed bargaining unit employee
shall be placed at the firefighter wage rate as specified above
in Section 18.2.
18.8 Former fire bargaining unit employees who left the
employ of the Fire Department under honorable conditions and who
have been approved by the Fire Chief shall be placed on a
reemployment list, provided the former firefighter is a State
certified firefighter. The reemployment list shall be considered
separate from the eligibility list for new hires.
Those on the rehire list may be hired by the Fire
Chief as openings occur without regard to the eligibility list
for new hires. In addition the following shall apply;
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u�r•.
A) In accordance with State certification requirements,
eligibility shall be limited to three (3) years
following the effective date of resignation.
B) Under conditions set forth above, any former
permanent fire bargaining unit employees having one
(1) to four (4) years, and eleven (11) months of
previous continuous service as a firefighter will be
placed at Step 1 of Salary Range 24 (48 hour shift)
of the Firefighter classification. Former permanent
fire bargaining unit employees having five (5) or
more years of previous continuous service will be
placed at Step 3 of Salary Range 24 (48 hour shift)
of the Firefighter classification.
18.9 Leaves of absence without pay or suspension of any
duration shall cause the effective date of the longevity and
anniversary date to be deferred by the same number of calendar
days embraced by said leave.,
18.10 Any bargaining unit employee upon normal retirement
from City service, or separating under honorable conditions, who
has served for a period of twenty five (25) years or more, shall
be granted, at the time of his/her normal retirement or honorable
separation, one hundred seventy three and three tenths (173.3)
hours of pay if on a forty (40) hour work week and two hundred
and eight (208) hours of pay if on a forty eight (48) hour work
week.
18.11 As part and in consideration of benefits provided
in this Agreement to the Union and the Union's representation
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Ar.,
that they will be able to generate additional revenue to fund
this labor agreement and in consideration of the Union's good
faith effort to cooperate with the City in the funding of the
Agreement, the City has made good faith representations to the
Union that it will be able to fund this Agreement.
The City hereby knowingly, intelligently and
unequivocally waives its right not to fund any year of this
Agreement. The only exception to this waiver is in the case of a
"true fiscal emergency," which is unanticipated at this time.
In order for the City to establish a "true fiscal
emergency" so as to lawfully not fund any year or years of this
Agreement, the City must demonstrate that there is no other
reasonable alternative means of appropriating monies to fund the
Agreement for that year or years.
Notwithstanding any other article of this
Collective Bargaining Agreement, the City hereby specifically
agrees that any disputes concerning the application or
interpretation of the funding of the contract will be resolved
through the grievance arbitration procedure of this Agreement.
If an arbitrator determines that the City has
breached its funding requirements under this Agreement, the
parties jointly confer upon the arbitrator jurisdiction to order
the City to appropriate the necessary monies to fund the
Agreement. This also applies to any enforcement proceeding under
Chapter 682, Florida Statutes.
This article applies to any status quo period
following the expiration of this contract. 9 r 7
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ARTICLE 19
PARITY
19.1 The monthly rates paid employees covered by this
Agreement shall be not less than the monthly rates paid
comparable ranks of the Miami Police Department. The comparable
ranks are as follows:
Firefighter - Police Officer
Fire Lieutenant - Police Sergeant
Fire Captain - Police Lieutenant
Chief Fire Officer -- Police Captain
19.2 It is clearly understood that parity extends only to
wages between the foregoing classifications of employment and
that wages are those that are identified by the official City of
Miami Pay Plan. It is further agreed and understood that parity
exists exclusively with wages and does not include other terms
and conditions of employment:
ARTICLE 20
OVERTIME
20.1 All work performed in excess of an employee's normal
work day and in excess of an employee's normal work week shall be
considered overtime work. Employees performing overtime work
shall be paid at the rate of time and one-half at their straight
time hourly rate of pay.
20.2 Employees shall be compensated for overtime as set
forth below: 95
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4..
(a) Employees may be paid for holidays and other
overtime as it occurs or, at his option, he may
accumulate compensatory time up to a maximum of 200
hours. Prior to November 1 of each year, the
employee may elect to be paid for the full
accumulation of earned time on the last pay day in
November or carry over up to 48 hours for use during
the following calendar year. If the employee elects
to carry over up to 48 hours of compensatory leave,
any additional balance shall be paid on the last pay
day in November.
(b) An employee may schedule up to 48 hours of
compensatory time in conjunction with his vacation.
(c) Unscheduled compensatory time may be taken off at
the sole discretion of the Fire Chief. Denial of
requests to use unscheduled compensatory time shall
not be subject to any grievance procedure.
(d) In the event a state of emergency is declared due to
an act of God and the City Manager grants emergency
leave, such leave shall not be included in
determining eligibility for overtime. The employee
utilizing such leave shall be paid straight time for
those hours worked in excess of their normal work
day or in excess of their normal work week equal to
the number of hours taken as emergency leave, before
overtime shall apply.
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20.3 The parties agree that overtime hours shall not be
used in the computation of arriving at average earnings for
purposes of establishing pension benefits.
20.4 The parties agree that assignments of overtime work
shall rest solely with the Department Head.
20.5 The parties agree that the assignment of overtime
work is on an involuntary basis and any employee refusing
assignments of such work is subject to disciplinary action as
deemed appropriate by the Department Director.
ARTICLE 21
CALL BACK PAY
21.1 All employees covered by the terms of this Agreement
who -are called back to work while off duty shall be paid at least
three (3) hours minimum, plus one (1) hour's travel time, at the
employee's overtime rate provided by Article 20.
21.2 Any employee covered by this Agreement who is
summoned to appear as a witness, while off duty as a result of
his direct employment as a member of the Miami Fire Department,
will be paid four (4) hours minimum at one and one-half times his
current hourly rate, excluding travel time, for all such time,
provided that the Fire Chief is given prior notification so that
he is given an opportunity to schedule such appearance during
regular duty hours. In consideration of receiving overtime pay,
employee shall promptly assign to the City any witness or
deposition fees received, and mileage allowance, if any. This
Article shall not apply in legal disputes where one member of the
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bargaining unit sues another member of the bargaining unit
covered by this Agreement.
21.3 Attendance in court in response to a legal order or
subpoena to appear and testify in private litigation, not in
connection to an employee's official duty, but as an individual
shall be taken as EPL, vacation, compensatory leave, or leave of
absence without pay.
ARTICLE 22
WORKING OUT OF CLASSIFICATION
22.1 The City agrees that any person covered by this
Agreement who is required to accept the full responsibilities and
carry out the duties of a rank above that which he normally holds
shall be paid at the hourly rate and one (1) step above his
current rate in his regular classification while so acting,
provided he works in that capacity for a minimum of four (4)
hours.
22.2 The Fire Chief or his designee may at his sole
discretion select the best qualified employee to serve in a
classification higher than the classification in which he has
Civil Service status. The employee will serve in this capacity
for such periods of time as best suits the needs of the Fire
Department as determined by the Fire Chief or his designee.
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4.,
ARTICLE 23
HO IDAYS.IVACATIOW;—K TIME
23.1 The following days shall be considered holidays:
New Year's Day Columbus Day
Washington's Birthday Veterans Day
Memorial Day Thanksgiving Day
Independence Day Day After Thanksgiving
Labor Day Christmas Day
Martin Luther King's Birthday
23.2 Any additional holidays declared by official
resolution of the City Commission shall- be added to the above
list.
23.3 New Year's Day, Independence Day, Veterans Day, and
Christmas will be on January 1st, July 4th, November 11th, and
December 25th, respectively. However, those bargaining unit
employees who work 40 hours per week will observe the above four
(4) holidays on the same dates as do the non -uniformed employees
of the City.
23.4 Any employee covered by this Agreement, in pay
status, at the time the holiday occurs, shall at his option, if
assigned to a twenty --four (24) hour shift (48 or 52'hour work
week), be paid for ten (10) hours at his regular rate of pay or
receive ten (10) hours of compensatory time, if assigned to a ten
and a half (10.5) hour shift (42 hour work week), be paid for
eight and a half (8.5) hours at his regular rate of pay or
receive eight and a half (8.5) hours of compensatory time, or if
assigned to a forty (40) hour work week be paid for eight (8)
95- 22'7
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hours of compensatory time or be paid eight (8) hours at his
regular rate of pay.
23.5 It is agreed and understood that effective October
1, 1976, premium pay for work performed on a holiday shall be
calculated as one-half of the actual time worked. An employee
who works an eight (8) hour shift on which the holiday occurs,
shall receive four (4) additional hours as premium pay; an
employee who works a sixteen (16) hour shift on a given holiday
shall receive (8) additional hours as premium pay; if assigned to
a ten and a half (10.5) hour shift on which the holiday occurs,
shall receive five and a quarter (5.25) additional hours as
premium pay; and all employees whether they are off or on duty on
the day on which the holiday occurs shall receive ten (10) hours
for the holiday. The ten (10) hours, plus the premium pay as
defined above is payable in cash or earned time at the employee's
option according to the following:
Any additional holiday time declared by the City shall be
considered under the holiday option of cash or earned time
for the actual amount of time so declared as holiday;
premium pay shall be calculated as one-half the actual
amount of time worked for such additional holiday time.
23.6 Longevity vacation on the sixth, seventh, eighth,
ninth and tenth year of employment will be granted at the rate of
ten (10) hours per year longevity vacation. From the eleventh
year on it will be granted at the rate of five (5) hours per
year, and sick time will be granted at the rate of ten (10) hours
per month. 95- 227
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ioM
23.7 Effective January 1, 1994, the following changes to
the vacation schedule will apply:
(a) The vacation time multiplier for scheduling
vacations shall be changed to 1.1.
(b) The Hazardous Materials Team members shall schedule
the vacation under this agreement.
23.8 Effective January 1, 1994, after the accumulation of
six hundred (600) hours (four hundred and eighty (480) hours for
forty (40) hour week employees) of sick leave, further
accumulation shall at the employees option, be:
Option 1 - Added to the employees sick time bank
Option 2 - Paid for all sick leave hours in excess of
sixty (60) hours annually (forty eight (48)
hours for forty (40) hour week). Time earned
for each calendar year shall be paid the first
full pay day in February.
Option 3 - Credited to an employee's vacation leave at the
rate of five (5) hours vacation leave for each
ten (10) hours of sick leave earned.
23.9 Employees covered by this Agreement who retire after
October 1, 1993 shall be paid for one hundred percent'(100%) of
accumulated sick leave up to twelve hundred (1200) hours and
fifty percent (50%) of accumulated sick leave above twelve
hundred (1200) hours. Employees whose sick leave payout was
limited to fourteen hundred and forty (1440) hours shall have the
option of keeping the fourteen hundred and forty (1440) hours
limit or selecting the twelve hundred (1200) hours limit with
95- 22'7
payout at one hundred percent (100%) and fifty percent (50%) of
accumulated sick leave above twelve hundred (1200) hours.
Employees working less than forty eight (48) hours per week shall
have their sick leave converted accordingly.
23.10 Effective January 1, 1996 vacations shall be taken
by the first payroll period following the last payroll period of
the calendar year in which the vacation was credited. The first
payroll period ending date for calendar year 1997 is January 4,
1997. Upon ratification of the labor agreement, forty (40) hour
and forty two (42) hour employees (or 48 hour and 52 hour
employees) shall only be allowed to carryover one hundred and
fifty (150) hours (or 180 hours) of the previous year's credited
vacation. Any excess vacation over the one hundred and fifty
(150) hour (or 180 hours) automatic carryover not taken within
the payroll calendar year will be forfeited. Employees who were
on disability at the time of their scheduled vacation shall be
paid for all excess vacation over one hundred and fifty (150)
hours (or 180 hours) at the employee's January 1, hourly rate of
pay following the year the vacation would have been scheduled.
If an employee is unable to take a previously authorized vacation
due to cancellation by his/her_ Department and the vacation cannot
be rescheduled within the payroll calendar year, any hours in
excess of the one hundred and fifty (150) hours (or 180 hours)
which would have been forfeited shall be paid for at the
employee's January 1, hourly rate of pay following the year the
vacation was scheduled.
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95- 22'7
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ARTICLE 24
EARNED PERSONAL LEAVE (FLOATING HOLIDAY TIME
24.1 Effective upon ratification of the labor agreement,
it is agreed that the bargaining unit members who have six (6)
consecutive months or more of satisfactory service shall be
entitled to twenty (20) hours earned personal leave off each
calendar year if assigned to a 24-hour shift or sixteen (16)
hours if assigned to a 40-hour week (17 hours if assigned to a 42
hour week). The earned personal leave hours may not be taken in
less than one (1) hour increments. The earned personal leave
hours shall be mutually agreed upon by the employee and his
District Chief/Rescue Battalion Captain if on a 24-hour shift or
Division Chief if on a 40-hour week consistent with the needs of
the. Fire Department. The earned personal leave hours off shall
not be accrued; they must be used by the employee during the
calendar year or be forfeited. The earned personal leave hours
off are not subject to being converted to cash during the
employee's employment with the City. There shall be no liability
to pay any overtime under this Article unless the employee is
qualified to receive overtime as specified under Article 20 -
Overtime.
24.2 Effective January 1, 1994, earned personal leave
must be requested at least one (1) duty day prior to the date the
earned personal leave is to be used, or it will be denied unless
all apparatus are staffed and there are extra personnel on duty.
This will not apply in the case of an employee who is on duty,
requesting leave from duty due to an emergency. Employees who
95- 227
40
ps;,
are on duty granted emergency leave from duty shall be charged
earned personal leave time that is unscheduled in the employees
time bank, prior to being granted other types..o_f time off.
24.3 Effective January 1, 1994, slots available for
earned personal leave shall be limited to the scheduled vacation
slots on the heaviest vacation day on each respective shift,
unless exceeded with the permission of the Fire Chief.
ARTICLE 25
FAMILY LEAVE AND LEAVES OF ABSENCE
25.1 The parties to this agreement believe that the
terms and conditions set forth in this article meet or exceed the
requirements specified within the Dade County Family Leave
ordinance and the Family Leave Act of the United States. In the
event that they do not, the Dade County Family Leave ordinance
and the Family Leave Act will supersede these terms and
conditions.
25.2 Effective upon ratification of the labor agreement,
bargaining unit employees may take a leave of absence without pay
not to exceed ninety (90) days during a twelve (12) month period
for the birth or adoption of a child, the serious illness of a
family member or the employee's own serious illness.
25.3 Leave without pay for a seriously ill family member
or serious illness of the bargaining unit employee may be
extended beyond the initially approved ninety (90) days upon
approval of the City Manager or his/her designee.
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Le,
25.4 Bargaining unit employees are eligible for leave
without pay as specified in Section 25.2 if the bargaining unit
employee has been employed for at least ninety (90) days.
25.5 Leave without pay for birth or adoption of a child
may be taken by the bargaining unit employee intermittently
within one (1) year of the birth or adoption, however, such leave
may not be taken on a reduced leave schedule.
25.6 Leave without pay for a seriously ill family member
or because of a serious illness of the bargaining unit employee
may be taken intermittently or on a reduced leave schedule when
medically necessary for such arrangements.
25.7 Upon approval of the Fire Chief, with the approval
of the City Manager or his/her designee, a leave without pay may
be'granted, for the purpose of entering a course of training or
study calculated to improve the quality of the employee's service
to the City through course work directly related to the
employee's job, for a period not to exceed six (6) months. The
request for leave without pay may be extended for an additional
six (6) months upon approval of the Fire Chief and approval of
the City Manager or his/her designee.
Employees requesting said leave of absence shall be
required to submit evidence of registration upon entering each
quarter/semester of school.
25.8 Upon approval of the Fire Chief with approval of
the City Manager or his/her designee, a leave of absence without
pay may be granted, for a good reason other than mentioned
herein, for a period not to exceed ninety (90) days. Approval of
said leave is at the sole discretion of the City Manager.
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25.9 Bargaining unit employees who desire to take a
leave without pay for any reason specified in this Article must
exhaust all vacation, earned personal leave, and compensatory
leave banks prior to taking a leave without pay.
25.10 Bargaining unit employees who desire to take a
leave without pay for any reason specified in this Article shall
not accrue leave time. At the expiration of the leave of absence
without pay, the bargaining unit employee shall be returned to
the position or equivalent position vacated when said leave of
absence without pay was granted. Leave of absence without pay
during the required probationary period of service shall be
extend the probationary period the lengthy of time used during
said leave of absence without pay.
ARTICLE 26
EDUCATION
26.1 All employees covered by this Agreement, who are
ordered to attend off -duty courses by the Fire Department shall
be paid as provided for in Article 20 - Overtime for all time
spent in attendance.
26.2 The City agrees to pay full tuition for all courses
required for an Associate Degree in Fire Service Administration
and/or Fire Science Technology provided that prior approval is
obtained from the Chief of the Fire Department and provided that
the employee receives a grade of "C" or better.
Employees who fail to satisfactorily complete said
training courses in which they enrolled, shall reimburse the City
for tuition advanced in their behalf. 95 " 2 27
-43-
26.3 At the discretion of the Fire Chief, attendance at
training courses while on duty shall be allowed and shall be
charged to S.A. time.
26.4 Those employees attending classes paid for by the
City shall not draw supplemental educational benefits from any
other source. Should the employee wish to apply to receive
supplemental educational benefits, i.e., G.I. Bill, he or she
will not receive educational payments from the City.
26.5 Effective the first full pay period following
October 1, 1993, bargaining unit members shall have their base
salary increased if certified as specified below by the
percentages listed.
State Certified E.M.T. (non Paramedics) - 1.5%
State Certified Paramedic - 5.0%
26.6 Effective the first full pay period following
October 1, 1993, employees who are State Certified Paramedics or
State certified EMTs permanently bid into Advanced Life Support
positions on ALS apparatus (Rescue or Paramedic pumpers), will
have their base pay increased five percent (5%) for Rescue
assignment pay.
26.7. The City agrees that any person covered by this
Agreement who is required to ride in an ALS position who is not
receiving ALS assignment pay (all positions on Rescues, Squads,
and ALS positions on paramedic Fire apparatus) shall be paid at
one (1) step above their current hourly rate for all hours
worked, provided they ride in that capacity for a minimum of four
(4) hours.
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26.8 Effective the first full pay period following
October 1, 1993, employees shall receive an additional increase
for using certifications specified below by percentages listed.
Effective October 1, 1995, any increases or decreases in the
number of positions that receive any of certifications increases
listed below shall be agreed upon by the Department and the Union
by mutual agreement.
Hazardous Materials Technician assigned to the
Hazardous Materials Team - 1.5%
State Certified Fire Service Instructor assigned to
Instructor positions - 1.5%
State Certified Fire Inspector assigned to the Fire
Prevention Bureau - 1.5%
N.A.U.I. or P.A.D.I., certified divers assigned to
the Dive Team - 1.5%
Employees assigned to the SWAT Team - 1.5%
ARTICLE 27
DEATH IN FAMILY
27.1 Any employee covered by this Agreement may, in the
case of death in the immediate family, be authorized up to a
maximum of forty (40) hours of paid leave (42 hours for employees
on 42 hour work week) for any death of a member of the employee's
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immediate family. Said paid leave days shall be taken
consecutively by the employee. The immediate family is defined
as father, mother, sister, brother, husband, wife, children,
father-in-law, mother-in-law, grandparents, spouse's
grandparents, stepfather and/or stepmother if they have raised
the employee from infancy regardless of place of residence, and
may include any other person who was an actual member of the
employee's household for ten (10) or more years immediately prior
to their death. Within thirty (30) calendar days from the date
the employee returns from a death in the family, the employee
shall, upon request, file a copy of the death certificate of the
deceased family member. Said death certificate will be attached
to the form provided by the Office of Labor Relations and
submitted to the Personnel Management Department. Failure to
produce the death certificate will result in the employee
reimbursing the City for any days taken under this Article. Any
employee found to have falsified his application for a "K" day
will be subject to disciplinary action up to and including
dismissal.
27.2 It is understood that under certain circumstances
the employee will be unable to obtain a death certificate. In
this event, in lieu of a death certificate, the employee shall
submit a newspaper account showing the death and the relationship
of the deceased to the employee and/or other appropriate criteria
as deemed appropriate by the Office of Labor Relations.
27.3 At the request of the employee, the Department
Director may authorize the use of accrued vacation or
compensatory leave. 9 CJ _ 227
)2rj
-46-
49.,
27.4 Employees on twenty-four hour tour of duty shall be
bound
by
the
above Sections except
that
they shall be
authorized
up to
two
(2)
consecutive tours of
duty
on leave with
pay.
ARTICLE 28
PHYSICAL EXAMINATIONS
28.1 Employees shall be required to take a physical
examination as follows:
(a) Employees forty (40) years of age or older - one per
year.
(b) Employees thirty (30) years of age or older - one
every other year.
(c) Employees under thirty (30) years of age - one every
three years.
28.2 The schedule set forth in Section 28.1 and the
content of the present physical examination shall continue,
unless changed by mutual agreement of the parties.
28.3 The City agrees to provide physicals that are
mandated by State or Federal law, including but not limited to
hazardous materials team and dive team physicals.
ARTICLE 29
LOSS OF EQUIPMENT
29.1 A bargaining unit employee shall reimburse the City
for the repair or replacement cost of lost, stolen, or damaged.
City equipment when the City demonstrates that the employee's
careless and/or negligent act(s) resulted in the loss, theft, or
damage. 95- 227
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P,r..
ARTICLE 30
.BLOOD DONORS
30.1 Employees who volunteer as blood donors to
contribute to a City supported Blood Donor Organization
(Currently South Florida Blood Services) will be authorized the
absence necessary to accomplish this purpose. The Blood Donor
Organization's personnel will determine what amount of time the
donor will need from the point of donation till the City donors
are released to go back to work.
ARTICLE 31
UBST.ANCE,ALCOHOL -- PERSONNEL SCREENING
31.1 In an effort to identify and eliminate on or off
duty controlled substance/alcohol. abuse, urinalysis/blood tests
shall be administered as provided herein:
Employees refusing to give a blood/urine sample under any
of the following conditions will be dismissed. Employees will be
advised of their contractual rights relative to expedited
arbitration.
DOM_SUBSTANCE SCREENIN
Effective October 1, 1995, employees meeting any of
the criteria below shall be subject to random substance
screening. Employees who meet any of the criteria below shall be
subject to random substance screenings for a period of one
hundred and eighty (180) calendar days from the date the criteria
was met. After the period of one hundred and eighty (180)
95- 22'7
4'S.,
calendar days, if and when employees meeting criterion 1 have
accumulated above one hundred and fifty (150) hours of sick leave
and employees meeting criterion 3 or 4 have not been late or
absent without leave (AWOL) for a one hundred and eighty (180)
calendar day period, they shall no longer be subject to random
substance screening, unless they meet the criteria again in the
future. The City shall be limited to a maximum of two (2)
substance screenings in each one hundred and eighty (180)
calendar day period the employee is under random screening.
RANDOM SCREENING POOL CRITERIA
1) Probationary firefighters are subject to screening until
off probation.
2) Employees assigned to a forty eight (48) or fifty two (52)
hour work week with less than one hundred and fifty (150)
hours of sick leave accumulation. Employees assigned to a
forty (40) or forty two (42) hour week with less than one
hundred and twenty (120) hours of sick leave accumulation.
3) Employees who are absent without leave (AWOL) twice within
a one hundred and eighty (180) calendar day period from
the most recent AWOL if on a forty eight (48) or fifty two
(52) hour work week or three (3) times within a one
hundred and eighty (180) calendar day period if on a forty
(40) or forty two (42) hour work week.
4) Employees reporting late (including any incidents of
absence without leave) for duty three (3) times within a
one hundred and eighty (180) calendar day period if on a
forty eight (48) or fifty two (52) hour work week or five
95- 227
_49_
il4r:.
(5) times within a one hundred eighty (180) calendar day
period if on a forty (40) or forty two (42) hour work
week.
REASONABLE BELIEF
SUBSTANCE SCREENING CATEG R E
A) Where a District Chief, or above has a reasonable
belief based upon objective factors that the
employee has possession or is using, dispensing or
selling any illegal drug or controlled substance
which is not prescribed by a licensed physician.
B) Following any vehicular accident occurring on -duty,
on an off -duty detail, traveling to or from same
involving employee(s) where a District Chief, or
above has a reasonable belief based upon objective
factors that the involved employee(s) may be under
the influence of alcohol or may have been using,
possessing, dispensing or selling controlled
substance, unlawful, mind -altering, or non -physician
prescribed drugs.
C) Where a District Chief, or above has a reasonable
belief based upon objective factors 'that the
employee is under the influence of alcohol on duty,
or on an off -duty detail, or traveling to or from
same, or while covered for portal to portal pay for
workers' compensation.
95- 227
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SUBSTANCE SCREENING PROCEDURES
31.2 Employees shall give either a blood sample, for
suspected alcohol use or a urine sample for suspected substance
abuse as determined by the City at either a hospital or
accredited testing lab, as chosen by the City. The hospital or
accredited testing lab shall include sufficient safeguards to
ensure that a proper chain of custody is enforced. When a sample
is taken under any of the above circumstances, a portion of the
first sample shall be retained. All positive tests for a
controlled substance will be confirmed using the employee's
separate second sample if given or the reserve portion of the
initial sample, by Gas Chromatography/Mass Spectrometry (G.C.M.S)
or better testing. Testing procedures shall be under a reliable
state licensed clinic laboratory.
31.3 Should the employee wish to give a separate second
sample it shall be performed at either a hospital or accredited
testing lab, as chosen by the City, within four (4) hours from
the time of giving the initial sample. In the event an employee
declines to offer a second sample for the separate second test,
or is unable to give a second sample within the four (4) hour
time period, the reserved portion of the first sample will be
utilized. Employees shall be notified of a positive result
within twelve (12) hours from the time a sample was given.
Notice to the employee of the first test being positive shall be
considered to have been served upon the employee by verbal
notification or by a representative of the Department delivering
a notice to the employee's last known residence as shown on the
Department's personnel roster. 9 _ 227
-51-
31.4 If an employee is ordered back to duty for testing,
the provisions of Article 21 (Call Back Pay) will apply.
31.5 Where a bargaining unit member alleges that an order
made under this article is not consistent with the criteria cited
herein, he/she shall comply with the order, and may
simultaneously file a protest with the communicator of the order.
31.6 Disputes arising as to whether there was reasonable
belief shall be arbitrable under the Expedited Arbitration Rules
of the American Arbitration Association. All other issues
involving grievances shall be processed as outlined within
Article 15 - Grievance Procedure.
31.7 The employee(s) shall not be disciplined until a
positive test result is communicated to the City. However, if
the. employee's conduct in connection with the substance/alcohol
abuse amounts to conduct for which the City may otherwise
discipline the employee, the City may take action prior to
knowing of a positive test result.
31.8 The I.A.F.F. will be advised of passed or failed
tests to the extent that the releasing of such data is not
inconsistent with Federal or State laws regarding the privacy of
said test or if the individual involved does not want his test
results released to the I.A.F.F.
31.9 The following cutoff concentrations shall be
applicable for determining whether specimens are negative or
positive for the following drugs or classes of drugs for the
initial or confirmatory test procedures. A positive result shall
be a concentration in excess of those listed below.
-52-
95- 227
two,
Cannabinoid (Marijuana)
Cocaine
Opiates
Phencyclidine
Amphetamines
Methaqualone
Methadone
Initial Test Level (na/ml)_
50
100
300
25
500
100
300
Propoxyphone 300
Tricyclic Antidepressants 300
EXPEDITED ARBITRATION
31.10 It is anticipated as soon as possible after
ratification of the labor agreement between the City of Miami and
IAFF, Local 587, the President of the Local and the City Labor
Relations Officer will pick two (2) area permanent umpires to
hear employee drug grievances. The two Umpires will alternate
hearing only grievances where the bargaining unit member alleges
a violation of Article 31.1 A, B or C. Said grievance will be
limited to whether or not there was reasonable belief based on
objective factors to require the grievant to take the
Alcohol/Controlled Substance test.
31.11 Samples taken under Reasonable Belief Substance
Screenings shall not be tested if the employee grieves the test
under expedited arbitration until the umpire rules that there was
reasonable belief to test the employee.
31.12 The cost of the Umpire's decision will be borne by
the employer if the umpire rules there was not reasonable belief
95- 227
--53-
E
1
to require the employee to take the test. If the umpire rules
there was reasonable belief to require the employee to take the
test, the Union will pay the cost of the umpire if the Union
processed the grievance. If the grievant processed the grievance
on his/her behalf, he/she will pay the cost of the Umpire.
31.13 It is anticipated that an expedited hearing would ,
be held before the Umpire under the American Arbitration
Association rules of expedited arbitration and no post hearing
briefs would be filed. The drug grievance will be submitted
directly to arbitration and will be heard no later than five (5)
calendar days after the employee was required to take the
Alcohol/Controlled Substance test. The Umpire will rule at the
close of the hearing and an oral response from the umpire will be
sufficient to settle the grievance.
31.14 The two Umpires shall serve from year to year and
shall be appointed by a letter jointly signed by the Union
President and the Labor Relations Officer. Should either the
City or the Union wish to drop an Umpire the Umpire shall be
notified and the parties shall agree on a replacement. if they
are unable to agree, each party will put two (2) names into a hat
and the name drawn will be the replacement for one (1) year.
31.15 If the bargaining unit member remains silent and/or
does not indicate that he/she desires the test results in
accordance with Article 31.3, it shall be presumed that he/she
has elected to go to expedited arbitration.
31.16 If the employee grieves the test, said grievance
must be in writing and submitted by fax or hard copy to the Labor
95-- 22'7
-54-
Relations Office on the same day as the test or no later than the
next regularly scheduled work day of the Labor Relations Officer.
The test sample will be thrown out, if the Umpire rules there was
no reasonable belief to test the employee. If the umpire rules
there was reasonable belief to test the employee, the test
sample(s) shall be tested and the results released as outlined in
this article.
REHABILITATION
31.17 In the event that the results of the
urinalysis/blood test are positive, the following criteria will
apply:
A) The employee at his/her own cost shall, within
seventy two (72) hours of a positive test
notification (excluding weekends and holidays),
enter and remain in a substance/alcohol program
approved by the City and the Union until the
approved program administrator is able to state that
he/she has successfully completed the program,
including aftercare. While in the program, the
employee will be allowed to return to work if the
program administrator approves; if not, the employee
may be suspended until the program administrator
approves return to work. Such suspension shall not
exceed six months. If the employee can not return
to their regularly assigned position after six (6)
months they shall be dismissed. If the employee
does not successfully complete the program including
95- 227
-55--
ifs"
aftercare, he or she will be dismissed. Employees
shall not be permitted to work in combat positions
until program administrators feel certain there is
no possibility they are using drugs and submit this
opinion in writing to the City. If and when the
employee successfully completes the in -patient
portion of the program, as determined by the program
administrator, the employee shall be allowed to
return to work.
B) Upon being notified of a positive test, the employee
will be immediately relieved of duty. If relieved
of duty, the employee, if eligible, will use all of
his/her earned time, vacation time, and sick time,
and then he/she will go off the payroll.
C) If the employee fails to enter, participate in
and/or successfully complete any part of the
rehabilitation program, including any aftercare
program, the employee shall be terminated from
his/her employment with the City.
D) Effective upon ratification of the labor agreement,
employees cleared to return to work by
rehabilitation administrators, shall be subject to
substance screenings at management's discretion for
a period of two (2) years from the date the employee
returned to work, The City will be limited to a
minimum of three (3) and a maximum of five (5)
screenings per twelve (12) month period. Employees
95- 22'7
-56-
tested shall be entitled to a second test as
outlined in Article 31.3. Employees who decline to
offer a sample shall have the reserve portion of the
first sample utilized as outlined in 31.3.
Employees who test positive to confirmatory test
shall be terminated from employment with the City.
E) Effective upon ratification of this Agreement,
employees will be entitled to one chance at a
successful rehabilitation during their employment
with the City. Employees who have been through at
least one (1) rehabilitation program, who are
screened shall be entitled to a separate second test
as outlined in 31.3. Employees whose sample tests
positive on confirmatory test shall be terminated
from employment with the City.
ARTICLE 32
HOURS OF WORK
32.1 The work week shall be as follows: 24 hours on
duty, 48 hours off duty. A day off, now known as an "R" day,
shall be granted once every seven (7) scheduled tours. This
schedule will effect a 48 hour work week. Any changes in this
schedule shall be subject to negotiations between the parties.
32.2 An "R" day shall be defined as a regular day off as
scheduled by the Fire Chief or his designee and must be taken on
the day so designated. An employee may not have the choice to
substitute any other official accumulated time or any official
95- 22'7
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,zt:.
time as provided by the City of Miami unless approved by the Fire
Chief or Deputy Chief.
32.3 Effective the first full pay period following
October 1, 1995, an optional fifty two (52) hour work week will
be established as follows: twenty four (24) hours on duty, forty
eight (48) hours off duty, a day known as an "R" day, shall be
granted once every fourteen (14) scheduled tours. This schedule
will affect a fifty two (52) hour work week. Employees working
this schedule shall be paid at the same hourly rate as they would
on a forty eight (48) work week. Time accumulations shall be
based on a forty eight (48) hour work week. Only those
volunteering for a fifty two (52) hour work week shall be
assigned to it. The number of positions and seniority bidding
will be negotiated by the parties. Wages shall be those
specified in the appropriate salary schedule contained within
this Agreement (See Appendices).
32.4 Effective the .first full pay period following
October 1, 1995, a new work week shall be established for a
limited number of personnel staffing emergency apparatus as
follows: Monday through Thursday, from 0730 to 1800 hours. This
schedule will effect a forty two (42) hour work week. Time
accumulations and banks will be based upon a forty two (42) hour
work week (prorating 48 hour week time accumulations to forty two
(42) hour work week). Wages shall be those specified in the
appropriate salary scheduled contained within this Agreement (See
Appendices). Personnel will bid for these positions, with the
senior qualified bidder being assigned. If there is not a
95- 227
amm
sufficient number of personnel bidding for the assignments, the
least senior qualified personnel may be assigned.
ARTICLE 33
PERSONNEL ALLOCATION
33.1 The City agrees to provide minimum staffing for
firefighting apparatus in active service. In order to provide a
minimum level of safety to personnel in the bargaining unit,
apparatus in service shall be staffed with no less than;
1. 4 persons per aerial unit
2. 4 persons per quint unit
3. 4 person per pumper unit
4. 3 persons per rescue unit
5. 2 persons per squad unit
6. 1 person per air truck
33.2 If, in the future, new types of apparatus are
placed in service, which are -not covered above, the City and the
Union will meet to negotiate a minimum staffing level for the new
types of apparatus. If agreement is not reached within thirty
(30) days, the dispute shall be submitted to arbitration
consistent with the grievance procedure contained in Article 15.
33.3 The Union agrees that this article has no effect on
the City's rights under Article 6, Management Rights, except as
outlined above. Specifically, the City has the sole authority,
whether exercised or not, to determine the number and kinds of
firefighting/rescue apparatus needed to fulfil the Fire
Department's mission. Such Management decision will not be
grievable or arbitrable. 9 5" 227
-59-
ARTICLE 34
EMPLOYEE RIGHT TO REPRESENTATION
34.1 Where an investigation is initiated by the
Management of the City of Miami Fire Department against an
employee covered by this Agreement concerning criminal charges
and where a formal statement under oath is elicited from the
accused employee, the interrogation shall be conducted under the
following conditions:
(a) The interrogation shall be conducted at a reasonable
hour, preferably while the accused is on duty,
unless the seriousness of the investigation is of
such degree that an immediate action is required.
If the accused is off duty at the time of the
interrogation, the accused shall be entitled to
overtime. However, if he or she is eventually found
guilty of the charges through the applicable
administration processes, any overtime shall be
forfeited in addition to any penalty imposed for the
violation. If it occurs while on duty, a commanding
officer or a supervisor of the accused' shall be
notified of the interrogation.
(b) If the interrogation is conducted by or for the
Department, it shall take place in the Miami Fire
Department building. If the interrogation is to be
conducted by or for another investigating City
agency, it shall be conducted at either the
95- 227
Imm
investigative agency's City office or at the Miami
Fire Department.
(c) The accused shall be informed of the rank, name and
command of the officer in charge of the ,
investigation, the interrogating party and all
persons present during the interrogation. All
questions directed at the accused shall be asked by
and through one interrogator at any one time.
(d) The accused shall be informed of the nature of the
investigation prior to any interrogation, and given
the names of all known complainants.
(e) Interrogations shall be for reasonable periods and
shall be timed to allow for such personal
necessities and rest period as are reasonably
necessary.
(f) The accused shall not be subjected to abusive or
offensive language or threatened with transfer,
dismissal or other disciplinary actions. No
promise, reward or threat or action shall be made as
an inducement to answering any questions.
(g) The complete interrogation including when, recesses
are taken shall be recorded, and there shall be no
unrecorded questions or statements.
(h) The accused shall not be obligated into giving a
second statement concerning the same facts elicited
in an original interrogation. This will not
preclude an investigator from asking questions at a
95- 22'7
MOSE
later time that were not covered by the first
statement.
(i)
No mechanical device, including, but not limited to,
polygraph, psychological stress evaluator, et al.,
shall be forced onto an accused, nor shall
disciplinary action be taken against an accused who
refuses to submit to such testing.
(j)
If the accused is under arrest, or is likely to be
arrested as a result of the interrogation, he shall
be fully informed of his or her legal rights prior_
to any interrogation.
(k)
At the request of the accused, he or she shall have
the right to be represented by counsel or any other
representative of his or her choice during the
entire interrogation.
(1)
Where an attorney or employee representative is
requested but cannot be present within four (4)
hours of notification, the employee shall be
required to obtain another employee representative
or counsel. When an employee representative or
counsel is present, he shall be only an advisor and
shall not have the right of cross examination.
34.2
The above shall not apply to investigations and
review of
infractions of non -criminal City and Departmental Rules
and Regulations provided, however, any employee covered by this
Agreement
who is disciplined as the result of the alleged
violation
of City or Departmental Regulations, Rules or Policies
95- 22'7
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yH\
shall have the right to have Union representation present if he
or she desires it. If such meeting occurs between 9:00 a.m. and
5:00 p.m. on normal Monday through Friday business days the
employee shall be allowed two (2) hours to have Union
representative present. If such meeting occurs at times other
than those described above, the employee shall be allowed four
(4) hours to secure Union representation. The Union
representative shall be an advisor to the employee and shall not
have the right to cross examination.
ARTICLE 35
RESIDENCY
35.1 It is agreed that while residency is not a condition
of employment a candidate that is otherwise equally qualified
will be given, at time of hire, preference for employment in
order of domicile as follows: (1) City of Miami resident, (2)
Dade County resident, (3) resident outside of Dade County.
ARTICLE 36
SHIFT STRENGTH
36.1 The City agrees to budget the Fire Department for
six hundred and two (602) uniform firefighters for each fiscal
year during this Agreement (FY'96, 97 and 98), in addition to
civilian positions and operating expenses. Each of these six
hundred and two (602) uniform positions (including vacancies)
shall be fully funded for each of the fiscal years ('96, 97 and
98). Of these six hundred and two (602) positions, a minimum of
95- 22'7
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is.,
five hundred and thirty six (536) (including vacancies) will be
assigned to the Emergency Response Division to provide emergency
services.
36.2 During the time this Agreement is in effect, if
there are any vacancies of the six hundred and two (602) uniform
positions (retirement, termination, quit, etc.) the salary and
cost of fringe benefits of the vacant position or vacating
employee(s) will accumulate at the rate of sixty two thousand
dollars ($62,000) on an annual basis per vacancy. This money
shall be accounted for in a budget line entitled "salary
reserves." "Salary reserves" shall be used to pay personnel cost
in maintaining a minimum of one hundred and twenty (120) uniform
personnel on duty per shift. These personnel costs include the
costs of overtime, increased work hours under Article 32.3, Hours
of Work, or the hiring of new firefighters. If at any time there
are no funds within the "salary, reserves" line of the budget,
service shall be provided- with those on duty and overtime
personnel shall not be hired for staffing unless approved by the
City Manager or his designee. If due to an emergency (hurricane,
riot, etc.) the City puts more personnel on duty than one hundred
and twenty (120), the cost for the excess personnel (those over
the 120) will not be paid from the "salary reserves" line of the
budget.
36.3 Starting October 1, 1995, the Fire Chief shall see
that a monthly report is faxed to the Union Office, consisting of
all uniform vacancies, date of each vacancies, "salaries
reserves" balances, overtime used, any other payments from the
'salary reserves," etc. 9 5 - 227
-64-
9
14
ot.,
36.4 The funds accumulating from the vacancies may be
used only for purposes stipulated within this Article. Any
remaining funds not used shall accumulate during the life of this
Agreement. If any funds remain at the expiration of this
Agreement, they will be shared equally between bargaining unit
employees and the City. All bargaining unit personnel shall
receive an equal share in the form of a cash bonus. The bonus
shall not be included as pensionable compensation.
ARTICLE 37
STATION COMMANDERS
37.1 All Station Commanders shall receive a one percent
(1%) increase in wages. Openings for Station Commander after
this Agreement becomes effective shall be filled in the following
order:
A) The senior in grade Captain assigned to the station
requesting the assignment.
B) If no requests are made, the least senior in grade
Captain assigned to the station shall be the Station
Commander.
ARTICLE 38
TOTAL AGREEMENT
38.1 The parties agree that this Collective Bargaining
Agreement represents the total agreement during the life of this
contract, and no requests shall be made to increase the cost of
wages, hours and working conditions through the Civil Service
95- 22'7
-65-
X19-1
Board, City Manager, or the City Commission during the life of
this Collective Bargaining Contract.
ARTICLE 39
REPRESENTATION OF THE CITY
39.1 The City shall be represented by the City Manager,
or a person or persons designated in writing to the Union by the
City Manager. The City Manager shall have authority to execute
an agreement on behalf of the City upon being directed by
official resolution of the City Commission.
39.2 It is understood that the City representative or
representatives are the official representatives of the City for
the purpose of negotiating with the Union. Negotiations entered
into with persons other than those as defined herein, regardless
of their position or association with the City, shall be deemed
unauthorized and shall have no weight of authority in committing
or in any way obligating the,City.
ARTICLE 40
EPRESENTATION OF THE UNION
40.1 The bargaining unit shall be _represented by the
President of the Union or by a person or persons designated in
writing to the City Manager by the President of the Union. The
identification of representatives shall be made each year prior
to April 1.
40.2 The President of the Union, or the person or persons
designated by said President, shall have full authority to
95- 227
conclude a collective bargaining agreement on behalf of the Union
subject to a majority vote of those bargaining unit members
voting on the question of ratification.
40.3 It is understood that the Union representative or
representatives are the official representatives of the Union for
the purpose of negotiating with the City. Such negotiations
entered into with persons other than those as defined herein,
regardless of their position or association with the Union, shall
be deemed unauthorized and shall have no weight or authority in
committing or in any way obligating the Union.
40.4 It shall be the responsibility of the Union to
notify the City Manager or designee in writing of any changes in
the designation of the President of the Union or of any certified
representative of the Union.
ARTICLE 41
AGREEMENT IN -THE EVENT OF TRANSFER
41.1 The City agrees that in the event of a transfer of
the Fire Department or its functions to Metropolitan Dade County,
all the rights and benefits of the transferred employees
guaranteed under this Agreement shall be continued for the term
of this Agreement.
ARTICLE 42
SAVINGS PROVISION
42.1 If this Agreement or any provision, section.,
subsection, sentence, clause, phrase or word of this Agreement is
95- 227
-67-
declared invalid by a court of competent jurisdiction, the
remainder of the Agreement shall remain in full force and effect.
The parties will meet, promptly, to negotiate replacement
language in accordance with Chapter 447, Part II, Florida
Statutes.
42.2 During the term of the Agreement, the parties agree
the City may take reasonable steps to comply with the provisions ,
of the Americans with Disabilities Act.
ARTICLE 43
PENSION
43.1 COLA Distribution - The COLA will be disbursed in
future years consistent with the methods agreed upon by the
parties named herein:
A) A representative of IAFF, Local 587
B) A representative of FOP, Lodge No. 20
C) The City Manager's designee and the Labor Relations
Officer
D) A representative of the FIPO Pension Board
43.2 Employees eligible for service retirement under
Section 40-212 (A) and (B) of the Code shall be entitled to:
A) Retirement Allowance. Upon retirement, an employee
shall be entitled to receive a retirement allowance
equal to 3% times years of creditable service of the
employee's average final compensation.
B) Deferred Retirement Option Plan (DROP)
1)." Effective October 1, 1995 a deferred retirement
95- 227
4.
option plan (DROP) is hereby created.
2) Eligibility. Any firefighter who has reached age
fifty (50) with ten (10) years of creditable
service or who has attained a combination of age
plus years of creditable service equal to seventy
(70) shall be eligible to participate in the DROP
plan.
3) Maximum participation. The maximum period of
participation in the DROP is thirty six (36)
months.
4) Election to participate. Upon election of
participation in the DROP plan, by using a form
and procedures as prescribed by the Board of
Trustees, a firefighter's creditable service,
accrued benefits and compensation calculation
shall be frozen and shall be based on the singlQ
highest year preceding participation in the DROP
as the basis of calculating the DROP plan payment.
Upon commencement of participation in the DROP
plan, the employee contribution and the City
contribution to the Retirement System for that
employee shall cease as the employee will be
earning no further service credit. The employee
shall not acquire additional pension credit for
the purposes of the pension plan but may continue
City employment for up to a maximum of thirty six
(36) months.
. •
95- 227
Its,
5) Creation of individual account. For each person
electing participation in the DROP, an individual
defined contribution account shall be created.
Payment shall be made by the retirement plan into
the employee's DROP account in an amount equal to
the regular monthly retirement benefit which the
member would have received had the member
separated from service and commenced the receipt
of benefits from the system. The amount of the
monthly benefit shall be determined based on the
creditable service, average final compensation,
and retirement option selected in accordance with
Section 40-212(L) of the Miami City Code. Upon
conclusion of a period of participation in the
DROP not to exceed the maximum set forth in
Section 3, the member shall terminate employment
with the City of Miami.
6) Earnings on DROP account. The Board of Trustees
of the -Retirement System shall establish, by
administrative rule, a series of investment
vehicles which may be chosen by participants in
the DROP plan. Any losses incurred on account of
the option selected by the participant shall not
be made up by the City of Miami or the FIPO trust
fund, but any such loss shall be borne by the
participant only. Upon participation in the DROP,
the member shall make an irrevocable selection of
-70-
95- 227
��r
the earnings program. All interest shall be
credited to the employee's DROP account.
7) Distribution of DROP benefits. Upon termination
of employment, a member may receive payment from
the DROP account in the following manner:
a. Lump sum distribution;
b. periodic payments;
C. an annuity;
d. rollover of the balance to another qualified
retirement plan.
A member may defer payment until the latest date
authorized by Section 401(a)(9) of the Internal
Revenue Code.
8) Disability or death during DROP participation.
For pension purposes only, if a member dies or
becomes permanently and totally disabled, thq
member shall be treated the same as a retired
member and the pension benefit shall be made
according to the option selected. Pension
benefits shall begin on the date of death or
permanent and total disability. This article
shall not effect any other death or disability
benefit provided to a firefighter under federal
law, state law, City ordinance, or this Agreement.
9) COLA participation. Eligibility for payments for
cost of living adjustment (COLA) shall not
commence until a member has actually separated
-71-
95- 22'7
it&'
from employment with the City. COLA service years
shall be based upon creditable years of service in
calculating the employee's pension. For the
purpose of complying with Section H(3)(m) of the
Amended Final Judgment in Gates, the employee's
"Date of Retirement" shall be the date of actual
termination of employment as a firefighter with
the City of Miami and not the date of election to
DROP.
C) Leave Balance Payoff Options. Employees electing to
retire may select one of the two following leave
balance payoff options:
1) Payment of leave balances upon retirement as
currently specified under the labor agreement
and/or leave payoff practices.
2) The City shall fund up to a maximum of three (31
whole creditable service years for the employee
based upon the value of the employee's available
leave balance at time of retirement less required
withholding taxes at present value as actuarialy
determined for each individual employee. Upon
exhausting the value of the leave balances,
employees may purchase the remainder of the three
(3) years by payment of cash to the Pension Trust.
The hourly rate for calculation of the leave
balances shall be as specified under the labor
agreement and or leave payoff practices. The
95-- 227
—72—
to.,
purchase of service
years under this option may
not be utilized for service
Rule of 70 retirement
eligibility. If in the future the constructive
receipt issue can be satisfactorily resolved, this
benefit shall be available using pre-tax value of
employees' leave banks.
ARTICLE 44
�E-VE�g INCENTTtt� PAY
Revenue Production
During the term of
this Agreement bargaining unit members
agree to produce new revenues to offset the cost
services. of Fire/Rescue
Medical Transports _
The Union projects that additional
emergency medical transportation
fees of $2,025 000 for
Year 1996, and Fiscal
$2,700,000 for Fiscal Year 1997 will be generated
and collected through g medical transports. This projection is
based on increased transports and an increase in trans
Inspections port fees.
- Bargaining unit members
the Finance De also agree to assist
Department in generating
g an additional four hundred
an
($400,000
through certificate '
inspections, etc. This shall be °f use
of
by assigning seven
(7) additional inspectors to the inspectors currentl
the Fire Prevention Bureau for this 1' assigned to
Purpose.
Other Revenues
The Fire Department and the Union agrees to
seek out other
sources of revenue
existin r and attempt to increase
9 ones for the general fund. New revenues including but
95- 227
-73-
not limited to, other fees generated or produced, return of taxes
I
used for transport from Dade County, user fees, service
contracts, etc. will count towards future increases in the
"revenue incentive" pay. New revenues shall not include grants.
Revenue Measurement and Goal
I
Revenue Goal - A goal of $2,025,000 of total new revenue is
established for Fiscal Year 1995-96. The goal for Fiscal Year
I 1996-97 shall be $2.7 million. Goals include all new revenues as
a total, except certificate of use fees, if any falls short
others can make up for it.
Measurement of Revenue
The Union and the City shall meet prior to December of 1996
and December of 1997, to determine if the goal has been met or
exceeded for the past fiscal year, as specified below. Collected
revenue will be rounded to the nearest hundred thousand ($50,000
and above shall be rounded up).
Transports - Fiscal Year 1995-96: The $2,025,000 of new
transport fees shall be in addition to $2 million current
Department collections projected for ALS transports.
Fiscal Year 1996-97: The $2,700,000 million of new
ftransport fees shall be in addition to the $2 million base the
Department collects each year for ALS transports.
i
The City shall agree to purchase a minimum of ten (10)
new ALS transport apparatus and have them service ready by
I
October 1, 1995. If this is not accomplished any units unable to
transport due to being out of service for more than eight (8)
hours, shall have a pro rata share credited to revenues, the unit
I
95- 227
-74-
%4*4
would have generated for each twenty four (24) hour period at the
end of the year.
Inspections - It is anticipated that through mutual
cooperation the Fire Department and the Finance Department shall
increase certificate of use fees an additional four hundred
thousand dollars ($400,000) for each fiscal year during this
Agreement.
Other Revenues - The Department and the Union through the
labor/management process, shall document by letter for approval
by the City Manager other new revenues the Fire Department will
be seeking to collect.
Revenue Incentive Pair
For their efforts in generating this new revenue, bargaining
unit members shall receive a "revenue incentive" wage increase of
two and one-half percent (2.5%) effective the first full pay
period in January 1996 through the pay period prior to the first
full pay period in January 1997. Starting in January 1997,
revenue incentive pay will be determined for the following year,
based upon the amount of revenue generated as outlined below.
After the revenue has been calculated and agreed upon each year,
the revenue incentive pay will be adjusted as outlined within the
appropriate Table effective the first full pay period in January
1997 and January 1998, respectively.
This increase shall be segregated on the employees paycheck
stub so employees realize the pay is based upon their
performance.
-75-
95- 22'7
Par,
Revenue incentive pay for the last quarter of 1998 will be
considered to be earned in Fiscal Year 1997-1998, and shall
continue to be paid biweekly through the pay period prior to the
first full pay period of January 1999.
Revenue incentive pay adjustments for Fiscal Years 1997 and
1998 shall be those specified in Table 1 and Table 2 attached to
this Agreement. The Revenue Incentive Pay adjustments can range
from a minimum of zero percent (0%) to a maximum of seven percent
ARTICLE 45
TRANSITION
45.1 Effective October 1995 the Fire Department will be
modifying the Department's emergency deployment system.
Personnel must be reassigned to accommodate this transition.
Some plus item positions will be eliminated and some new plus
item positions will be created.
Due to the massive impact this will have on
bargaining unit employees assigned shift work within the
Emergency Response Division, Management agrees to reallocate
personnel based upon one of the following concepts as 'chosen by
bargaining unit employees by majority vote at the contract
ratification meetings:
Division Wide Bid - All 48 hour personnel assigned to
the Emergency Response Division will bid for all
positions within the Division by qualifications and.
seniority.
-76-
95-- 227
Station and Shift Bid - Personnel assigned to each
station and shift would have preference by
qualifications and seniority, for all positions with
their respective station and shift, prior to other
personnel being able to bid for the assignments.
The procedures for whichever process is chosen shall
be agreed to through the labor/management process.
45.2 Bargaining unit employees bidding for and receiving
assignments on a shift different than the shift they are
currently assigned to, may have their "R" day rescheduled for the
last quarter of Fiscal Year 1995.
45.3 The Union agrees that bargaining unit members may be
used in lower classifications to provide emergency service when
necessary.
ARTICLE 46
TERMINATION AND MODIFICATION
46.1 After a majority vote of those bargaining unit
members voting on the question of ratification, and thereafter
upon its ratification by an official resolution of the City
Commission ratifying the Agreement and authorizing the City
Manager to sign the Agreement on behalf of the City, then the
Agreement, upon being signed by the appropriate Union
representative and the City Manager, shall become effective
October 1, 1995, except where otherwise stipulated. This
Agreement shall continue in force until September 30, 1998,
provided, however, that the parties shall meet no later than May
-77-
95- 22'7
4.f
1, 1997 to reopen negotiations to discuss Article 18 - Wages.
46.2 On or before April 1, 1998, the Union shall notify
the City in writing of its intention to renegotiate the Agreement
in force and attached thereto shall include a list of proposals
which shall inform the City of the items which they desire to
negotiate, together with specific language describing its ,
proposals. The changes indicated in the proposals shall be
designated with a strike through of deleted language and new
language will be underlined.
46.3 On or before April 1, 1998, the City shall present
the Union with a list of proposals it desires to negotiate
together with specific language describing its proposals. The
changes indicated in the proposals shall be designated with a
strike through of deleted language and new language will be
underlined.
46.4 Initial discussions shall thereafter and no later
than May 1, 1998, be entered into by the City and the Union.
46.5 Such discussions shall be concluded by the signing
of a proposed agreement pursuant to Florida law.
Agreed to this day of ,
1995 by and between the respective parties through an authorized
representative or representatives of the Union and by the City
Manager.
95- 227
4
ATTEST: INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, LOCAL 587
President
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
City Manager
CITY CLERIC
APPROVED AS TO FORM
AND CORRECTNESS
CITY ATTORNEY
--79-
95- 227
io.'.
APPENDIX "A"
Class,
Code
nM22er
Salary
Title R
t
to
to
to
to
Step
1st
Lng
2nd
Ling
s._-Class
3rd
Lng
4th
Lng
_ s_
40 Hr.
Fire Fighter 24B
30,437
31,974
33,648
35,298
37,062
38,871
40,839
42,851
45,067
46,194
48,504
42 Hr.
30,437
31,974
33,648
35,298
37,062
38,871
40,839
42,851
45,067
46,194
48,504
48 Hr.
30,437
31,974
33,648
35,298
37,062
38,871
40,839
42,851
45,067
46,194
48,504
52 Hr.
32,973
34,639
36,452
38,240
40,151
42,110
44,242
46,422
48,823
50,044
56,546
40 Hr.
Fire 27B
35,298
37,062
38,871
40,839
42,851
45,067
47,238
49,612
52,145
53,449
56,121
42 Hr.
Lieutenant
35,298
37,062
38,871
40,839
42,851
45,067
47,238
49,612
52,145
53,449
56,121
i 48 Hr.
35,298
37,062
38;871
40,839
42,851
45,067
47,238
49,612
52,145
53,449
56,121
52 Hr.
38,240
40,151
42,110
44,242
46,422
48,823
51,175
53,747
56,491
57,903
60,798
40 Hr.
Fire Captain 30B
40,839
42,851
45,067
47,238
49,612
52,145
54,768
57,437
60,354
61,862
641956
42 Hr.
40,839
42,851
45,067
47,238
49,612
52,145
54,768
57,437
60,354
61,862
641956
48 Hr.
40,839
42,851
45,067
47,238
49,612
52,145
54,768
57,437
60,354
61,862
64,956.
52 Hr.
44,242
46,422
48,823
51,175
53,747
56,491
59,332
62,223
65,383
67,018
70,369
40 Hr. Chief Fire 33B 47,238 49,612 52,145 54,768 57,437 60,354 63,429 66,595 69,874 71,621 75,202
42 Hr.
Officer 47,238
49,612
52,145 54,768 57,437 60,354 63,429 66,595 69,874 71,621 75,202
48 Hr.
47,238
49,612
52,145 54,768 57,437 60,354 63,429 66,595 69,874 71,621 75,202
52 Hr.
51,175
53,747
56,491 59,332 62,223 65,383 68,715 72,144 75,697 77,589 811469
w
*Firefighter/probationary Salary:
27,393
C.Tc
(Entry level Firefighters are paid
10% less
than Step 1 for a period of
6 months.)
APPENDIX "B"
Class, 1st 2nd 3rd 4th 5tt
Code Salary Lng Lng Lng Lng Ln(
Class Titleto t 2 - Sten 3 S= 4 top- 5 Step 6 Stgp 7 10 2
40 Hr. Fire Fighter 24B 31,654 33,253 34,994 36,710 38,545 40,426 42,472 44,565 46,870 48,042 50,444 5117
42 Hr. 31,654 33,253 34,994 36,710 38,545 40,426 42,472 44,565 46,870 48,042 50,444 5117
48 Hr. 31,654 33,253 34,994 36,710 38,545 40,426 42,472 44,565 46,870 48,042 50,444 5117
52 Hr. 34,292 36,025 37,910 39,770 41,757 43,794 46,012 48,279 50,776 52,046 54,648 5610
40 Hr.
Fire 27B
36,710
38,545
40,426
42,472
44,565
46,870
49,128
51,597
54,231
55,587
58,366
59,&
42 Hr.
Lieutenant
36,710
38,545
40,426
42,472
44,565
46,870
49,128
51,597
54,231
55,587
58,366
59,8:
p 48 Hr.
36,710
38,545
40i426
42,472
44,565
46,870
49,128
51,597
54,231
55,587
58,366
59,8:
52 Hr.
i
39,770
41,757
43,794
46,012
48,279
50,776
53,222
55,897
58,751
60,219
63,230
64,8:
40 Hr.
Fire Captain 30B
42,472
44,565
46,870
49,128
51,597
54,231
56,959
59,734
62,768
64,337
67,554
69,2,
42 Hr.
42,472
44,565
46,870
49,128
51,597
54,231
56,959
59,734
62,768
64,337
67,554
69,2'
48 Hr.
42,472
44,565
46,870
49,128
51,597
54,231
56,959
59,734
62,768
64,337
67,554
69,2i
52 Hr.
46,012
48,279
50,776
53,222
55,897
58,751
61,705
64,712
67,998
69,699
73,183
7510:
40 Hr.
Chief Fire 33B
49,128
51,597
54,231
56,959
59,734
62,768
65,966
69,259
72,669
74,485
78,210
80 lE
42 Hr.
Officer
49128
51597
54231
56959
59734
62768
65966
69259
72669
74485
78210
80 V
48 Hr.
49,128
51,597
54,231
56,959
59,734
62,768
65,966
69,259
72,669
74,485
78,210
80,
52 Hr.
53,222
55,897
58,751
61,705
64,712
67,998
71,464
75,030
78,725
80,693
84,728
86,b�
*Fi.refighterfprobationary Salary: 28,489
� (Entry Ylevel Firefighters are paid 10% less
than Step 1 for a period of 6 months.)
CITY OF MIAMI, FLORIDA
IWER-OFFICE MEMOIMNOUM 19
4. MAR 2 0 1995
TO: Honorable Mayor and Members
of the ity Commission
FROM : Cesar H. Odio
City Manager
DATE :
FILE :
SU6JECT : Resolution Ratifying 1995-
1998 Labor Agreement Between
the City of Miami and IAFF,
REFERENCES. LOC81 587
ENCLOSURES:
It is recommended that the City Commission adopt the attached
Resolution authorizing the execution of a labor agreement between
the City of Miami and the employee organization known as the
International Association of Firefighters, AFL-CIO, Local 587
(IAFF) for the period of October 1, 1995 - September 30, 1998.
Under Florida Statutes, Chapter 447, the City is required to
bargain collectively with the certified bargaining
representatives of the IAFF, Local 587. In conjunction with the
Retirement Incentive Program, the City and IAFF, Local 587 have
reached a successor labor agreement acceptable to both sides.
As a result of those negotiations, the City and IAFF, Local =87
have a agreed to a three year labor agreement. This agreement
provides for a 0% across-the-board increase for fiscal year 1995-
96, a 4% across-the-board increase in January 1997 and a reopener
on wages for fiscal year 1997-98.
Employees will also receive a 2.5% transport incentive p-%r
supplement in January 1996. The transport incentive pay
supplement will be supported by a projected additional $2.7
million in revenue generated from transport fees.
A 3% pension benefit multiplier for all years of service and the
purchase of up to three whole years of service with leave
balances upon retirement would become permanent benefits. A
deferred retirement option plan (DROP) will also be available to -
bargaining unit members. Under DROP an employee may, upon
Service or Rule of 70 retirement, elect to continue working for
the City, in their same classification and with the same
benefits, for up to a maximum of three years.
95- 227
Honorable Mayor and Members
of the City Commission
RE: Ratifying IAFF Labor Agreement
Page 2 of 2
Other benefits negotiated include funding issues to be submitted
to arbitration if the City is unable to fund benefits for the
second and third year of the labor agreement; budgeting for 602
positions with accumulated salary savings to be shared with
employees on a 50/50 ratio; 5%,.pay supplement if assigned to an
advance life support (ALS) system position for more than four
hours; 5% rescue assignment pay if assigned to an ALS squad;
employment preferenge in order of City residency first, county
residency• .second and thereafter residency outside'of the county;
and 52 aie... 42 hour work week options if positions are available.
It is requested that the City Manager be authorized to enter into
the attached labor agreement for 1995-1998 between the City of
Miami and IAFF, Local 587.
cc: Manohar Surana, Assistant City Manager
A. Quinn Jones, City Attorney
Ramon Irizarri, ,sistant City Attorney
95- 227