HomeMy WebLinkAboutR-91-0346n
J-91-376
04/2S/9],
RESOLUTION NO.
c) 1 1,3 4 6
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO ENTER INTO A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF
MIAMI ATTD THE EMPLOYEE ORGANIZATION KNOWN AS
THE INTERNATIONAL ASSOCIATION OF FIRE-
FIGHTERS, AFL-CIO, LOCAL 587, FOR THE PERIOD
OF OCTOBER 1, 1990 THROUGH SEPTEMBER 30, 1993
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 between the City of Miami
and the employee organization known as the International
Association of Firefighters, AFL-CIO, Local 587, for the period
of October 1, 1990 through September 30, 1993 upon the terms and
conditions set forth in the attached Agreement.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of
ATTRST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
RAMON IRI ARRI •
ASSISTAN CITY ATTORNEY
APPROVED AS TO FORM AND
CO ECTNES , i
JOR E L. FERFANDEZ
CITV ATTORNE
RI/bf/M2
XAVIER L
AREZ; MAYOR
CITY COM1,1ISSION
MEETING OF
MAY 9 1991
91- 34
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4
AGREEMENT
BETWEEN
CITY OF MIAM1, FLORIDA
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
LOCAL 587
OCTOBER 1. 1990 THROUGH SEPTEMBER 30, 1993
TABLE OF CONTENTS
ADDENDUM NO. 1
MEMO OF UNDERSTANDING -
RE: RESIDENCY . . . . . . . . .
AGREEMENT. . . . . . . . . . . . .
AGREEMENT IN EVENT OF TRANSFER . .
APPENDIX A . . . . . . . . . . . .
APPENDIX B . . . . . . . . . . . .
BLOOD DONORS . . . . . . . . . . .
BULLETIN BOARDS. . . . . . . . . .
CALL BACK PAY . . . . . . . . . . .
DEATH IN FAMILY. . . . . . . . . .
DISCRIMINATION . . . . . . . . . .
EARNED PERSONAL LEAVE (FH TIME). .
EDUCATION. . . . . . . . . . . .
EMPLOYEE RIGHT TO REPRESENTATION .
GRIEVANCE PROCEDURE. . . . . . . .
GROUP INSURANCE. . . . . . . . . .
HOLIDAYS/VACATION/SICK TIME. . . .
HOURS OF WORK . . . . . . . . . . .
LINE OF DUTY INJURIES. . . . . . .
LOSS OF EQUIPMENT. . . . . . . . .
MANAGEMENT RIGHTS. . . . . . . . .
MATERNITY LEAVE. . . . . . . . . .
NO STRIKE . . . . . . . . . . . . .
NOTICES . . . . . . . . . . . . . .
OVERTIME . . . . . . . . . . . . .
PARITY . . . . . . . . . . . . . .
PENSION . . . . . . . . . . . . . .
PERSONNEL ALLOCATION . . . . . . .
PHYSICAL EXAMINATIONS. . . . . . .
PREVAILING BENEFITS. . . . . . . .
RECOGNITION. . . . . . . . . . . .
REPRESENTATION OF THE CITY . . . .
REPRESENTATION OF THE UNION. . . .
SAFETY COMMITTEE . . . . . . . . .
SAFETY SHOES . . . . . . . . . . .
SAVINGS PROVISION. . . . . . . . .
SCHEDULE A - SYSTEM CONTRIBUTION .
SHIFT EXCHANGE . . . . . . . . . .
SPECIAL MEETINGS . . . . . . . . .
SUBSTANCE/ALCOHOL -
PERSONNEL SCREENING . . . . . .
TERMINATION AND MODIFICATION . . .
TOTAL AGREEMENT. . . . . . . . . .
UNION BUSINESS . . . . . . . . . .
UNION REPRESENTATIVES. . . . . . .
VACANCIES - PROMOTIONS . . . . . .
WAGES . . . . . . . . . . . . . . .
WORKING OUT OF CLASSIFICATION. . .
ARTICLE
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91-- 346
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
e687, 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, Fire Information Specialist, 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,
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.
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91- 346
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 year to be used In
accordance with the provisions of this Article and during the
term of this Agreement.
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
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Organization Time Pool, the daily attendance record shall
reflect:
"John Doe on AL" (Authorized Leave)
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
considered a tine -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 1701
N.W. 79th Avenue, Miami, Florida, 33126, for
consultation with the Management of the City.
(b) The Employee Organization President shall be the
only Bargaining Unit representative released on
"A.L." 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
accounts. The Employee Organization President shall
not be eligible for overtime or compensatory time.
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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.
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.
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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.
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 tine 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
r provisions of this Agreement. These rights Include, but are not
i((
t
limited to, the following: discipline or discharge for just
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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
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.
ARTICLE 9
SHIFT EXCHANGE
9.1 Employees shall have the right to exchange shifts
under the following circumstances:
9 1 - `346
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A) He may owe up to three (3) shifts at any one time
including "R" days.
B) He may be owed up to three (3) 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
Firefighting Division may occur at the same
rank, at one (1) rank below, or at one (1) rank
above, the officer's rank.
3) Exchanges of time between officers within the
Rescue Division may occur as described in H)
(2).
4) With the restrictions set forth above, Rescue
Division personnel and Firefighting Division
personnel may exchange time with each other if
the member from the Firefighting Division is a
state certified paramedic.
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.
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0) e
10.2 This provision shall not apply when a freeze is
declared by the City Manager or the position is abolished.
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 -
Recognition.
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.
10.6 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.
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.
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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.
A Fire Study Committee shall convene after ratification of
this Agreement. The Committee shall be composed of not more than
three (3) representatives of management and up to three (3)
representatives selected by IAFF, Local 587. The Committee will
review problems and concerns of each party with regard to the
paying of all medical and hospitalization expenses.
Said Committee shall generate a report within three (3)
months of the date that the Committee was convened even if It Is
to say that the Committee is deadlocked on future handlings of
this matter. It is anticipated, in the spirit of labor/
management cooperation, with better understanding of the parties'
position, that the Committee will develop a report reflecting the
best Interest of both the City and the employees.
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
salary of which a part whereof 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.
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.
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91-- 346
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
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 $50.00 per
hour, not to exceed $100.00.
12.8 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 For Firefighters assigned to the Firefighting
Division or the Rescue Division, any condition or Impairment of
health caused by Acquired Immunity Deficiency Syndrome (AIDS),
Hepatitis A or 8, 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.
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.
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ARTICLE 13
SAFETY COMMITTEE
13.1 There shall be a Safety Committee in the City of
Miami Fire Department which shall consist of eight (8) members.
Four (4) members shall be appointed by the Union and four (4)
shall be appointed by the Chief of the Fire Department.
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
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.
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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
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.
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 the paragraph shall
be denied and not eligible to advance through the steps of the
Grievance Procedure Including arbitration. Grievances Involving
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Workmen's 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 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
In writing on a form to be supplied by the C i ty . 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 grlevable Issues.
16.5 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
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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.
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
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.
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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 parties 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.
step 3. 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
-15- 91- 346
than fifteen (16) 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 appIIcab le or utilized by the
Arbitrator. Subject to the following, the Arbitrator shall have
jurisdiction and authority to decide a grievance as defined In
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.
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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)
days of the hearing and shall he final and binding on both
parties.
ARTICLE 16
SAFETY SHOES
16.1 Within 30 calendar days after the rat IfIcat Ion of
this Agreement, the Fire Departmental Safety Committee will
review the need for the wearing of safety shoes during
departmental working hours. Such advisory report to the Fire
Chief shall recommend those Jobs within the Fire Department which
shall wear the Departmental approved safety shoes.
16.2 Effective upon ratification of the tabor agreement,
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.
16.3 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. Effective upon
ratification of the labor agreement, 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.
91- 346
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03 1
16.4 In return for the Improved shoe allowance, the jobs
not required to wear safety shoes shall not be eligible for a
shoe allowance.
16.5 The shoe standard as administered in the past must
be met to qualify for the reimbursement.
ARTICLE 17
GROUP INSURANCE
17.1 The City agrees to pay $6.26 per pay period for the
cost of life Insurance and accidental death and dismemberment
coverage as currently provided by the IAFF, Local 587.
17.2 The employee will contribute $13.16 per pay period
toward the cost of employee health coverage and $71.0O per pay
period toward the cost of family coverage where the employee
elects to take such coverage.
17.3 Those employees enrolled In the HMO Health Options,
Inc. shall contribute $11.33 per pay period toward the cost of
employee health coverage and $7O.48 per pay period toward the
cost of family coverage where the employee elects to take such
coverage.
17.4 The parties to these negotiations recognize the
intention of the joint Labor/Management Group Benefits Committee
to explore a triple option benefits plan for City employees,
Including members of this bargaining unit. It Is agreed by the
parties that while this project Is pursued, the Indemnity plan
and HMO as currently provided shall continue with respect to
benefits and employee rates.
17.5 Once the joint Labor/Management Group Benefits
Committee concludes and makes recommendations on a triple option
benefits plan or other method of providing a health care, the
parties to this Agreement shall meet to negotiate health care
benefits rates and/or contribution levels. If the parties agree
on a triple plan or other method of providing health care, the
parties will mutually cooperate on communicating Insurance
Changes to all affected parties.
-18- 91- 346
17.6 Should the parties to this Agreement be unable to
agree to a triple option plan or other method of providing a
health care plan within ninety (90) days from the time the Group
Benefits Committee has finalized Its work, the Indemnity plan and
HMO as currently offered shall continue for the term of this
Agreement. The Union and the City shall meet to negotiate rates
and/or contribution levels to the current indemnity plan and the
HMO. Should the parties be unable to agree on the rates and/or
contribution levels prior to January 1, 1992, or the parties
mutually agree to a date prior to January 1, 1992, said
disagreement shall be submitted before final and binding
arbitration consistent with the grievance procedure In this
Agreement.
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.
October 1, 1990 - O%
October 1, 1991 - 4%
October 1, 1992 - Reopener
18.2 Those employees hired after ratification of the
labor agreement 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
Firefighter/probationary employee shall be paid as reflected in
Step 1 of the appropriate appendix, whichever Is applicable.
18.3 A twenty (20) year longevity step will be
implemented effective the first full pay period following October
i, 1988. The twenty (20) year longevity will be granted In the
same manner as the ten (10) and fifteen (15) year longevity
steps.
18.4 Effective October 1, 1990, all active bargaining
unit employees shall begin accruing toward a quarterly Fire
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91-- 346
Ask
Prevention payment In the amount of five hundred dollars
($500.00) on a fiscal year basis. Beginning In 1991, said
quarterly Fire Prevention payment shall be paid to all active
bargaining unit members following the first full pay period of
January, April, July and October of each year this contract is in
s,
effect. All hours a bargaining unit member is in a non -pay
status shall be deducted from the Fire Prevention payment on the
basis of $.96 per hour If assigned to a forty (40) hour week or
i $.80 per hour If assigned to a twenty-four (24) hour shift.
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 Effective upon ratification of this Agreement by the
parties, employees shall be compensated for overtime as set forth
below:
(a)
Employees may be paid for holidays and other
overtime as it occurs or, at his option, he may
accVmulate 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.
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,
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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
bargaining unit sues another member of the bargaining unit
covered by this Agreement.
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 rangy, 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 six (6)
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.
ARTICLE 23
HOLIDAYS/VACATION/SICK 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
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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, be paid for ten (10)
hours at his regular rate of pay or receive ten (10) hours of
compensatory time, or if assigned to a forty (40) hour work week
be paid for eight (8) hours of compensatory time or be paid eight
(8) hours at his regular rate of pay.
23.6 It is agreed and understood that effective October
1, 1978, 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; 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 Effective October 1, 1977, 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
-23- 91- 346
AW
JXJ 10)
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.
23.7 Effective October 1, 1979, after the accumulation of
six hundred (600) hours of sick leave, further accumulation shall
be 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.
! 23.8 Those employees covered by this Agreement who
retired after November 14, 1978, shall be paid for all unused
sick leave up to a maximum of twelve hundred (1200) hours
provided, however, any employee who as of November 14, 1978 had
accumulated sick leave In excess of twelve hundred (1200) hours,
shall upon retirement be paid for all accumulated sick leave up
to a maximum of fourteen hundred forty (1440) hours. It is the
i
Intent of this provision that no employee will be paid for sick
leave in excess of twelve hundred (1200) hours except to the
extent that such excess existed on November 14, 1978.
23.9 Any employees not covered by Section 23.8 of this
Article who retire after October 1, 1981, shall be paid for all
unused sick leave up to a maximum of nine hundred (900) hours,
however, wh as of October 1 1981 has
providedany o ,
accumulated sick leave in excess of nine hundred (900) hours
shall upon retirement be paid for sick leave up to a maximum of
twelve hundred (1200) hours except to the extent that such excess
existed on October 1, 1981.
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 (8)
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. The earned personal leave
hours may not be taken In less than one (1) hour Increments. The
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91-- 346
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.
ARTICLE 25
MATERNITY LEAVE
25.1 Sick leave, vacation, and earned time may be used by
female employees when a physician declares that her absence from
work Is medically necessary due to unfitness for duty arising
directly out of her pregnancy.
25.2 Under conditions set forth above, a female employee
may take a leave of absence without pay, not to exceed sixty (60)
working days (30 tours for shift employees), after exhausting her
vacation, and earned time banks. Any additional leave of absence
without pay shall not be granted until her sick leave has been
exhausted.
ARTICLE 26
EDUCATION
26.1 All employees covered by this Agreement shall be
paid at the straight time rate for all time spent in attendance
of courses required by the Fire Department or by State Law while
off duty.
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.
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Employees who fail to satisfactorily complete said
training courses in which they enrolled, shall reimburse the City
for tuition advanced In their behalf.
26.3 At the discretion of the Fire Chief, attendance at
such 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 Any member of the bargaining unit who has a current
and valid Paramedic certification from the State of Florida and
maintains It In accordance with the provisions of Florida law
shall have his base salary Increased by five (5%) percent. The
City shall not Incur any overtime pay obliyk'_ion for time
expended by employees in attaining or maintaining a Paramedic
certification.
26.6 A lump sum of $300 will be paid for State
recertification as an E.M.T. each time a bargaining unit
employee renews his or her certification. Said $300 will not be
rolled Into the base salary or used to figure any other
emolument. This section shall become effective upon ratification
of the Agreement by the parties.
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 for any death of a
member of the employee's 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
-26- 91- 346
40
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.
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 There shall be a physical examination for employees
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.
-27- 91- 34f3
28.2 The schedule set forth in Section 28.1 and the
content of the present physical examination shall continue.
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.
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
SUBSTANCE/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:
A) As part of a scheduled physical examination program
as provided In Article 28 of this Agreement.
B) Following any vehicular accident occurring on -duty,
on an off -duty detail, traveling to or from same
Involving employee's) where a Rescue Battalion
Captain, 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,
91- 346
unlawful, mind -altering, or non -physician prescribed
drugs.
C) Where a Rescue Battalion Captain, 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.
D) Where a Rescue Battalion Captain, District Chief, or
above has a reasonable belief 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.
E) Employees shall give either a blood sample or a
urine sample of their choice at either a hospital or
accredited testing lab, as chosen by the City. 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 by Gas
Chromatography/Mass Spectrometry (G.C.M.S) or better
testing. Testing procedures shall be under a
reliable state licensed clinic laboratory.
F) Except as stipulated under Section 31.10, employees
shall be notified of a positive result. Should the
employee or the City wish a separate second test It
shall be performed within 24 hours of the positive
notification. in the event an employee declines to
offer a second sample for the separate second test,
the reserved portion of the first sample will be
utilized. 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 is
shown on the Department's personnel roster.
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91-- 346
G) If an employee is ordered back to duty for testing,
the provisions of Article 21 (Call Back Pay) will
apply.
31.2 Where a bargaining unit member alleges that an order
made under this article is not consistent with the criteria cited
herein, he shall comply with the order, and may simultaneously
file a protest with the communicator of the order.
31.3 The employee(s) shall not be disclpllned 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.
31.4 The I.A.F.F. will be advised of passed or failed
1 tests to the extent that the releasing of such data is not
Inconsistent with Federal or State laws regarding the privacy of
I
said test or if the individual involved does not want his test
results released to the i.A.F.F.
31.5 Disputes arising out of such protests shall be
arbitrable under the Expedited Arbitration Rules of the American
Arbitration Association.
EXPEDITED ARBITRATION
31.6 It is anticipated as soon as possible after
ratification of the tabor agreement between the City of Miami and
IAFF, Local 687, the President of the Local and the City labor
Relations Officer will pick two (2) area permanent umpires to
hear employee drug grievance. The two umpires will alternate
hearing only grievances where the bargaining unit member alleges
a violation of Article 31 except 31.1 (a). Said grievance will
i
f 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.
31.7 The cost of the umpire's decision will be borne by
the employer if the umpire rules there was not reasonable belief
to require the employee to take the test. if the umpire rules
there was reasonable belief to require the employee to take the
-30- 91- 346
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.
31.8 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 three (3) calendar
days after the employee was required to take the
Alcohol/Controlled Substance test. The umpire will rule at the
i
F close of the hearing and an oral response from the umpire will be
sufficient to settle the grievance.
31.9 The two umpires shall serve from year to year and
shall be appointed by a letter jointly signed by the Union
1
f
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
i
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.
31.10 if the bargaining unit member remains silent and/or
j
does not indicate that he/she desires the test results in
accordance with Article 31.1 (F), It shall be presumed that
he/she has elected to go to expedited arbitration. Should the
City or employee desire a second separate test, it shall be
performed within 24 hours from the completion of the giving of
i;
{ the initial sample. In the event a bargaining unit member
declines to offer a second sample for the separate second test,
the reserved portion of the first sample will be utilized.
i
31.11 if the employee grieves the test, said grievance
is must be in writing and submitted to the Labor Relations Officer
on the same day as the test or no later than the next regularly
scheduled work day of the Labor Relations Officer. If the test
' is positive for alcohol or a controlled substance, the process
�i
- will continue as outlined under this article. If the umpire
rules there was no reasonable belief to test the employee, the
test sampie(s) will be thrown out and no results will be
l
released.
ii
—31' 91 346
s:
I
REHABILITATION
31.12 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 w I I I enter and
remain in a substance/alcohol program approved by
i
the City and the Union until the approved program
1
administrator is able to state that he/she has been
Y
successfully rehabilitated; 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 is not rehabilitated, he or she will be
dismissed. if the employee Is rehabilitated, as
determined by the program administrator, the
employee shall be allowed to return to work.
B) The City may also retain the employee on payroll.
if suspended, the employee, if eligible, can 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 falls to complete the program, or
fails to or cannot be rehabilitated, he/she may be
f{ -
terminated from his/her employment with the City.
ARTICLE 32
HOURS OF WORK
32.1
Effective October 1, 1986, the work
week shall be as
follows: 24
hours on duty, 48 hours of f 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.
�i
Any changes
In this schedule shall be subject
to negotiations
4
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
a
-32-
91 M- 346
� a
the day so designated. An employee may not have t;ie choice to
substitute any other official accumulated time or any official
time as provided by the City of Miami unless approved by the Fire
Chief or Deputy Chief.
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. 3 persons per squad unit
6. 1 person per foam unit
7. 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.
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
91- 346
-33-
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
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.
(a) Interrogations shall be for reasonable periods and
shall be timed to allow for such personal
a necessities and rest period as are reasonably
necessary.
91 346
-34-
(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
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
91- 346
' -35-
and Regulations provided, however, any employee covered by this
f
Agreement who Is disciplined as the result of the alleged
)1
{
violation of City or Departmental Regulations, Rules or Policies
shall have the right to have Union representation present If he
'a
or she desires It. If such meeting occurs between 9:00 a.m. and
I
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
TOTAL AGREEMENT
35.1 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
Board, City Manager, or the City Commission during the life of
this Collective Bargaining Contract.
ARTICLE 36
i REPRESENTATION OF THE CiTY
i -
36.1 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.
36.2 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.
-36- y - 346
1
1 4 4
ARTICLE 37
REPRESENTATION OF THE UNION
37.1 The membership of the Union 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.
37.2 The President of the Union, or the person or persons
designated by said President, shall have full authority to
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.
37.3 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.
37.4 It shall be the responsibility of the Union to
notify the City Manager In writing of any changes in the
designation of the President of the Union or of any certified
representative of the Union.
ARTICLE 38
AGREEMENT IN THE EVENT OF TRANSFER
38.1 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.
91- 346
-37-
ARTICLE 39
SAVINGS PROVISION
39.1 if this Agreement or any provision, section,
subsection, sentence, clause, phrase or word of this Agreement is
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 11, Florida
Statutes.
ARTICLE 40
PENSION
Section 1. Litigation Settlement - Any and all pension
benefit Improvements or entitlement Improvements set forth in
this Article are conditioned upon final settlement orders being
entered in the Gates/shortfall/variable annuity/underfunding/and
related law suits not inconsistent with the conditions set forth
In this Article, it being the Intention of the parties that this
Article shall not become effective until all such suits are
disposed of by the Courts and such settlements do not change,
alter or vary the terms of this Article. In the event that any
such settlement causes a change, alteration, or variation in the
terms of this Article, at the sole election of the City this
Article shall either be changed accordingly or reopened for
collective bargaining negotiations In accordance with chapter
447, Part 11, Florida Statutes. The City shall advise the Union
of the City's election prior to the Union's execution of the
settlement agreements referenced herein.
Section 2. Tax Qualification - Upon ratification of this
Agreement by both parties, the City will apply to the Internal
Revenue Service to have the Pension System tax qualified under
appropriate provisions of the Internal Revenue Service Code. The
parties will split the cost of obtaining such tax qualification.
Section 3. Creation of a Cost of Living Allowance (COLA)
Fund - Effective the month following the issuance of a tax
qualification letter, the City will establish a COLA fund with
-38- 91.- 346
contributions from the employee and the City as "provided"
herein. The liability, if any, of the retirement trust to pay a
variable annuity benefit to any past, current or future retiree
Is fully extinguished upon the establishment of this COLA fund.
Section 4. Employee Contributions - Effective the month
following the issuance of a tax qualification letter, employee
contributions to the Pension System will be increased 2% (to
10.5%) of pay as presently calculated. This additional 2%
contribution from employees shall be placed Into a COLA (cost of
living account).
Section 5. City Contribution to COLA - The City wlII
contribute an amount up to one (1%) percent of payroll
(calculated on the same basis as the employee contribution) per
year for each of the next three and one-half (3 1/2) fiscal years
beginning in FY 83-84, provided that this amount is available
from excess interest earnings of the Pension System determined at
the close of the fiscal year. The City contribution, If any, to
the COLA after this three and one-half year period, shall be the
subject of collective bargaining negotiations. Beginning In FY
85-88, the City will no longer make the current special cost of
living appropriation from the general fund to retirees.
Section 8. COLA Distribution - The COLA account will be
disbursed In future years consistent with the methods agreed upon
by the parties named herein.
a) A representative of i.A.F.F., Local 587
b) A representative of F.O.P., Lodge *20
c) The Assistant City Manager for Finance and the Labor
Relations Officer
d) A representative of the System Pension Board
It is anticipated the parties named above would meet
promptly after ratification of this Labor Agreement and the
settlement of the law suits outlined In Section 1 of this Article
to negotiate said methods, consistent with Chapter 447, Florida
Statutes.
Section 7. Vesting - Upon receipt of the tax
qualification letter, vesting will be reduced from 15 years to 10
years consecutive satisfactory service.
-39- 91-- 346
Section 8. Maternity Benefit Buy Back - Any currently
employed female employee who took an unpaid leave of absence for
maternity purposes shall have the option of buying back the days
she was on an unpaid leave of absence up to 180 days. Said
option shall be available for 30 days after ratification of this
i
iAgreement only. Those female employees electing to buy back said
time may do so at their current salary and have up up to one (1)
i
1
year to pay the money to the Pension System.
i
3 In the future, female employees may buy up to 180 days of
unpaid maternity leave If they have exhausted all vacation time,
sick leave time, earned overtime, etc. Pay back must commence
a within 30 days of returning from the unpaid maternity leave and
said payment may be paid back over a one (1) year term. Failure
to meet these qualifications waives any and all future claims for
payback of maternity leave.
Section 9. Rule of 70 Retirement - Normal retirement
will be allowed for existing, covered employees who were hired
prior to the ratification of this Agreement (March 8, 1984) by
both parties only, on the basis of combined age and service
equalling 70. The funding for the cost of this eligibility
Improvement is Included In the schedule of City contributions set
forth below and in Schedule A attached to this Agreement.
Section 10. Benefit Formula - The benefit formula upon
' which existing covered employees only will have their pensions
computed will be changed to the highest one year's salary (as
hj
I presently computed). The funding for the cost of this benefit
Increase Is included in the schedule of Clky contributions set
i
{
i
forth below and in Schedule A attached to this Agreement.
4 Section 11. Schedule of Contributions - Set forth in
Schedule A, attached to and made a part of this Agreement, are
the contributions to be made by the City for normal costs and
unfunded liability. The parties agree that the schedule of
unfunded liability payments set forth In Schedule A will be made
as set forth thereon until all unfunded liability which has been
provided for in Paragraph 2a of the Funding Section of the
Settlement of Litigation Agreement has been extinguished. For FY
x -40-
91� 346
93-94 and thereafter, the contribution for the unfunded liability
Portion shall be Increased by 5% over the prior year, calculated
on the basis of the Settlement of Litigation Agreement, but
i,
consistent with this Agreement, so long as any unfunded liability
shall remain.
f
a) Normal Cost Contribution - The annual normal cost
i
contribution to be made by the City shall be in accordance with
Schedule A; provided that in the event the System's actuary or an
actuary retained by the City each using their own assumptions,
shall determine that the normal cost contribution for any year
should be more or less than that set forth In Schedule A. they
shall attempt to resolve the disagreement. if the two actuaries
agree on a normal cost contribution for that year, that amount
shall be contributed by the City. Failing a resolution by the
two actuaries, they will select a third actuary to resolve the
dispute. if they are unable to agree upon an actuary, such third
actuary shall be selected by the American Academy of Actuaries.
The third actuary shall, after an independent study, submit its
funding recommendation utilizing standard acceptable funding
techniques, to the City Commission. The City Commission shall
then fund at the level recommended by either the System's actuary
or the City's actuary whichever recommendation is closest to the
recommendation of the third actuary.
Section 12. Persons Hired After Ratification - Persons
hired after this Agreement is ratified (March 8, 1984) by both
parties but before tax qualified status Is achieved will
contribute to the Pension System at the rate of 8.5% until the
month following the month in which tax qualification occurs, at
which time their contribution level will Increase to 10.5%. All
persons hired after this Agreement Is ratified (March 8, 1984) by
both parties and who become covered by the Pension System will be
Included in the then existing Pension program as amended hereby
but will not be eligible for Rule of 70 retirement and will have
benefits calculated on the basis of the average of their two (2)
highest years' salaries.
Section 13. No Increases or Eligibility Improvements
The parties agree that the Pension eligibility and benefit
changes set forth in this Article are to be funded by the
contributions set forth In this Article and that no changes in
this Pension program may be sought by the Employee Organization
for a period of three (3) years from the date of ratification
(March 8, 1984). Renegotiation may commence ninety (90) days
prior to the third anniversary of ratification.
Section 14. Change of Beneficiary - Those bargaining unit
employees desiring to change their beneficiary may do so subject
to the following rules:
(a) At time of change of beneficiary, evidence of good
health must be supplied for both the employee and
his to -be -deleted beneficiary.
(b) To the extent the to -be -substituted beneficiary Is
younger (older) than the to -be -deleted beneficiary,
an actuarial adjustment is applied to reflect the
expected longer (shorter) life expectancy of the to -
be -substituted beneficiary.
91- 346
1X_YM
SCHEDULE A
SYSTEM CONTRIBUTION (In Millions)
Fiscal Year
Normal
Unfunded
Total
83/84
4.9
4.5
9.4
84/85
5.7
5.0
10.7
85/86
6.0
5.3
11.3
86/87
6.3
5.6
11.9
87/88
6.6
5.8
12.4
88/89
7.0
6.1
13.1
89/90
7.3
6.4
13.7
90/91
7.7
8.8
14.5
91/92
8.1
7.1
15.2
92/93
8.5
7.5
16.0
93/94
*1
*2
and after
*1 Subsequent Increases shall be in the same proportionate
percentage as has occurred in the prior six -year period.
*2 Increasing by 5% per annum, with payments continuing until
unfunded actuarial accrued liability is amortized.
ARTICLE 41
TERMINATION AND MODIFICATION
41.1 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, 1990, except where otherwise stipulated. This
Agreement shall continue in force until September 30, 1993
provided, however, that the parties shall meet no later than May
1, 1992 to reopen negotiations to specifically discuss across-
the-board Increases and/or Fire Prevention Pay - Article 18 -
Wages, and residency within the City of Miami. Any agreement
reached on the issue of residency shall not be applicable to
bargaining unit members hired prior to the date of ratification
of the reopened articles by the City Commission. This reopener
does not affect the other terms of this Agreement.
41.2 On or before April 1, 1993, 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.
41.3 On or before April 1, 1993, the City shall present
the Union with a list of proposals It desires to negotiate
together with specific language describing its proposals.
41.4 Initial discussions shall thereafter and no later
than May 1, 1993, be entered Into by the City and the Union.
41.5 Such discussions shall be concluded by the signing
of a proposed agreement pursuant to Florida law.
91- 346
-44-
Agreed to this day of 1991 by
and between the respective parties through an authorized
11
j representative or representatives of the Union and by the City
Manager.
ATTEST: INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, LOCAL 587
President
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
CITY CLERK
City Manager
APPROVED AS TO FORM
A ORRECTNESS/
CI Y ATTORNEY
ADDENDUM NO. 1 (1 PAGE)
MEMORANDUM OF UNDERSTANDING
RESIDENCY
The parties agree that the City may, in conjunction with the
reopener language as specified in Article 41, Section 41.1,
Termination and Modification, Include residency within the City
of Miami for negotiation purposes. Any agreement reached on the
Issue of residency shall not be applicable to bargaining unit
members hired prior to the date of ratification of the reopened
articles by the City Commission. Should the parties be unable to
reach settlement on residency for new hires or across-the-board
Increases and/or Fire Prevention Pay, Article 18 - Wages, the
parties agree to submit the open issue(s) to impasse as specified
under Florida Statute 447.
For IAFF, Local 587
William Bryson, President
IAFF, Local 587
Date
On the part of the
City of Miami
Miami, Florida
R. Sue Weller
Labor Relations Officer
APPENDIX "A"
EFFECTIVE OCTOBER 7, 1990
Class,
1st
2nd
3rd
Code
Longevity
Longevity
Longevity
Number Class Title
Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 (10 yrs.)
(15 yrs.)
(20 yrs.
5306 Fire Fighter
24B *27,996 29,411 30,950 32,468 34,091 35,755 37,564 39,416
41:454
43,451
a 5310 Fire Lieutenant 27B 32,468 34,091 35,755 37,564 39,416 41,454 43,451 45,635 47,964 50,377
v
1
5311 Fire Captain 30B 37,564 39,416 41,454 43,451 45,635 47,964 50,377 52,832 55,515 58,344
5313 Chief Fire Officer 33B 43,451 45,635 47,964 50,377 52,832 55,515 58,344 61,256 64,272 67,475
*Firefighter/probationary Salary: 25,197
{Entry level Firefighters hired after ratification
of contract are paid 10% less than Step 1 for a
period of 6 months.
�p **Note: No Across -the -Board Increase FY 1990-91
E
C�
i
M
M
APPENDIX "B"
EFFECTIVE OCTOBER 611991
Class, 1st 2nd 3rd
Code Salary Longevity Longevity Longevity
Number Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 (10 yrs.) (15 yrs.) (20 yrs.
5306 Fire Fighter
5310 Fire Lieutenant
5311 Fire Captain
24B *29,116 30,587 32,188 33,767 35,454 37,185 39,067 40,992 43,112 45,189
27B 33,767 35,454 37,185 39,067 40,992 43,112 45,189 47,460 49,883 52,392
30B 39,067 40,992 43,112 45,189 47,460 49,883 52,392
5313 Chief Fire Officer 33B 45,189 47,460 49,883 52,392 54,945 57,735 60,677
*Firefighter/probationary Salary: 26,205
(Entry level Firefighters hired after ratification
of contract are paid 10% less than Step 1 for a
period of 6 months.
54,945 57,735 60,677
63,706 66,842 70,174
1
1:
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the ty Commission
ROM Cesar H . Od I o
City Manager
DATE I!,PR L 9 1991 FILE
SUBJECT Resolution Ratifying Labor
Agreement Between City of
Miami and International
Association of Firefighters
REFERENCES Local 587
ENCLOSURES.
RECOMMENDATION:
It is recommended that the City Commission authorize the City
Manager to enter Into a collective bargaining agreement between
the City of Miami and the employee organization known as the
International Association of Firefighters, AFL-CIO, Local 587 for
the period of October 1, 1990 through September 30, 1993 per the
attached resolution.
BACKGROUND:
Under Florida Statutes, Chapter 447, the City is required to
bargain collectively with the certified bargaining
representatives of the fire bargaining unit, the International
Associations of Firefighters, Local 587. The City and the
International Association of Firefighters, Local 587
representatives have been meeting since April, 1990 in an effort
to reach an agreement acceptable to both sides.
As a result of those negotiations, the City and International
Association of Firefighters, Local 587 have agreed to a three
year agreement providing for a 0% wage increase for FY'90-91, a
4% wage increase for FY'91-92 and a provision to reopen
negotiations for FY'92-93 on across-the-board increases and/or
Fire Prevention Pay and residency within the City of Miami as it
relates to newly hired employees. The Fire Prevention Pay
supplement currently received by active bargaining unit members
will increase from $325 to $500 quarterly retroactive to October,
1990. As agreed, should the City Administration, in labor
contract negotiations with the Fraternal Order of Police, Lodge
No. 20 grant the FOP, Lodge No. 20 an increase in its Crime
Prevention Payment for Fiscal Year 1991-92, the IAFF, Local 587
shall be entitled to the same annual amount as received by the
FOP, Lodge No. 20 during Fiscal Year 1991-92.
While the current language under Group Insurance remains
unchanged as to contribution level and the method for sharing in
future premium increases or decreases, the Group Insurance
article recognizes the parties are pursuing through the joint
Labor/Management Group Benefits Committee other avenues of
91 - 346
Honorable Mayor and Members
of the City Commission
RE: Resolution Ratifying Labor
Agreement Between City and
IAFF, Local 587
providing health care. Should the parties be unable to agree on
the methodology or contribution levels of the indemnity plan and
HMO as currently offered, said disagreement will be submitted to
final and binding arbitration.
It is understood that the City of Miami and IAFF, Local 587 are
currently engaged in pension negotiations until such time as an
amicable agreement is reached or until either party declares an
Impasse in accordance with Florida Statutes, Chapter 447.
With regard to articles of major concern to Local 587 and the
City of Miami --Discrimination, Prevailing Benefits, Vacancies -
Promotions, the parties have agreed to continue negotiations on
these articles. These limited negotiations continue up to a
maximum of 90 days and will commence within two weeks of
ratification of the labor agreement. If agreement is not reached
within 90 days, the disputed language will be referred to the
City Commission for final resolution consistent with the special
master process outlined in the Florida Statutes.
CC: Law Department
Budget Department
7
Z
91.-- 346
4
%JT\ OF flIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Cesar H. Odio
City Manager
FROM �R . Sue Weller
Labor Relations Officer
DATE Apr I 1 8, 1991 FILE
SUBJECT Contract Settlement with
IAFF, Local 587
REFERENCES
ENCLOSURES One
The City's negotiating team successfully concluded contract
negotiations with the International Association of Firefighters,
Local 587, Wednesday, March 13, 1991. This is a three year contract
commencing October 1, 1990 through September 30, 1993.
A summary of the more significant changes and their estimated cost
impact Is displayed below:
Article No.
18
Subject
Wages: Provides for a 0%
increase for FY 1990-91; a
4% Increase for FY 1991-92;
a reopener for FY 1992-93.
Cost Increases
FY 90-91
0% increase
FY 91-92
4% w/o rollup: $1,097,112
4% w/rollup: $1,549,122
*Reopener:
w/o rollup: $1,097.112
w/rollup: $1,549,122
Provides for an increase in FY 90-91 $ 0
the wage reduction for new
hires from 5% to 10% for a FY 91-92
period not to exceed 6
months. w/o rollup: ($24,264)
w/rollup: ($34,261)
FY 92-93
w/o rollup: ($24,264)
w/rollup: ($34,261)
91 - 346
Article No.
Subject
Cost
Increases
Fire Prevention Supplement:
FY 90-91
$465,500
Provides for a $700
Increase in the quarterly
FY 91-92
$465,500
Fire Prevention Supplement
retroactive to October 1,
FY 92-93
$465,500
1990 in the amount of
$2,000 per year.
Estimate of
Total FY 90-91 Cost Increase:
w/o rollup:
$465,500
w/rollup:
$465,500
Estimate of
Total FY 91-92 Cost Increase:
w/o rollup:
$1,538,348
w/rollup:
$1,980,361
Estimate of
Total FY 92-93 Cost Increase:
w/o rollup:
$1,538,348
w/rollup:
$1,980,361
*FY'92-93 provides for a reopener on wages which would
increase the City's costs if an across-the-board Increase
and/or Increase to Fire Prevention Pay is negotiated or
should the City Administration, in labor contract
negotiations with the Fraternal Order of Police, Lodge No.
20 grant the FOP an Increase in its Crime Prevention Payment
for FY'91-92.
It is understood that the City of Miami and IAFF, Local 587 are
currently engaged in pension negotiations until such time as an
amicable agreement is reached or until either party declares an
impasse in accordance with Florida Statutes, Chapter 447.
While the current language under Group Insurance remains unchanged
as to contribution level and the method for sharing in future
premium increases or decreases, the Group Insurance article
recognizes the parties are pursuing through the joint
Labor/Management Group Benefits Committee other avenues of
providing health care. Should the parties be unable to agree on
the methodology or contribution levels of the indemnity plan and
HMO as currently offered, said disagreement will be submitted to
final and binding arbitration.
With regard to articles of major concern to the IAFF, Local 587 and
the City of Miami--Dlscriminat ion, Prevailing Benefits, Vacancies -
Promotions, the parties have agreed to continue negotiations on
114
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Cesar H. Odio -3- April 8, 1991
these articles. These limited negotiations will continue up to a
maximum of 90 days and will commence within two weeks of
ratification of the labor agreement. If agreement is not reached
within 90 days, the disputed language will be referred to the City
Commission for final resolution consistent with the special master
process outlined In the Florida Statutes.
We anticipate that the International Association of Firefighters,
Local 587 wlII ratify the Agreement within the next two weeks ar4
anticipate submitting the contract to the City Commission f,.'
ratification at the City Commission meeting scheduled for May 9,
1991.
RSW/sw
CC: Manohar Surana, Director, Budget Department
Jorge Fernandez, City Attorney, Law Department