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HomeMy WebLinkAboutR-88-0841J-88-862 9/19/86 RESOLUTION NO. 48-H111 A RESOLUTION AUTHORIZING 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, LOCAL 587. FOR THE PERIOD OF OCTOBER 1. 1987 THROUGH SEPTEMBER 30, 1990 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, Local 587, for the period of October 1, 1987 through September 30, 1990 upon the terms and conditions set forth In the attached Agreement. PASSED AND ADOPTED this 27th day of September , 1988. ATTEST: i MA -rTY H I RA I, CITY CLERK PREPARED AND APPROVED BY: T F. CLARK, CHIEF DEPUTY CITY AT APPROVED AS TO FORM AND CORRECTNESS: - A) - - - I JI-, I--- - L FERNANDEZ, CITY TTORNEY ATTACHMENTS CONTAINED CITY COMMISSION MEETING OF SEP 27 1986 )11 No. l� AGREEMENT BETWEEN CITY OF MIAM1. FLORIDA AND INTERNATIONAL ASSOCIATION OF FIREFIMITERS. AFL-CIO LOCAL 607 OCTOBER 1. 1987 THROUSH SE/TEMBER 30. 1990 TABLE OF CONTENTS ARTICLE fm AGREEMENT . . . . . . . . . . . . . . . 1 AGREEMENT IN EVENT OF TRANSFER . . . . 36 36 APPENDIX A . . . . . . . . . . . . . . . 44 APPENDIX B . . . . . . . . . . . . . . . 46 APPENDIX C . . . . . . . . . . . . . . . 40 BLOOD DONORS . . . . . . . . . . . . . . 20 26 BULLETIN BOARDS . . . . . . . . . . . . . III 6 CALL BACK PAY . . . . . . . . . . . . . . 21 22 DEATH IN FAMILY . . . . . . . . . . . . . 26 27 DIS RIMINATION . . . . . . . . . . . . . 4 4 EDUCATION . . . . . . . . . . . . . . . . 26 26 EMPLOYEE RIGHT TO REPRESENTATION . . . . 32 32 FLOATING HOLIDAY TIME. . . . . . . . . . 24 26 GRIEVANCE PROCEDURE. . . . . . . . . . . 16 11 GROUP INSURANCE . . . . . . . . . . . . . 17 17 HOLIDAYS/VACATION/SICK TIME. . . . . . . 23 23 HOURS OF WORK . . . . . . . . . . . . . . 31 31 LINE OF DUTY INJURIES. . . . . . . . . . 12 6 LOSS OF EQUIPMENT. . . . . . . . . . . . 26 20 MANAGEMENT RIGHTS. . . . . . . . . . . . 6 6 NO STRIKE . . . . . . . . . . . . . . . . 2 1 NOTICES . . . . . . . . . . . . . . . . . 0 6 OVERTIME . . . . . . . . . . . . . . . . 20 21 PARITY . . . . . . . . . . . . . . . . . 10 20 PENSION . . . . . . . . . . . . 30 36 PHYSICAL EXAMINATIONS. . . . . . . . . . 27 20 PREVAILING BENEFITS. . . . . . . . . . . 6 6 RECOGN I T I ON . . . . . . . . . . 1 1 REPRESENTATION OF THE CITY . . . . . . . 34 34 REPRESENTATION OF THE UNION. . . . . . . 36 36 SAFETY COMiA I TTEE . . . . . . . . . . . . 13 /0 SAFETY SHOES . . . . . . . . . . . . . . 10 /0 SAVINGS PROVISION. . . . . . 37 36 SCHEDULE A - SYSTEM CONTRIBUTION . . . . 41 SHIFT EXCHANGE . . . . . . . . . . . . . 0 6 SPEC 1 AL MEET i NOS . . . . . . . . . . . . 14 11 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING . . . . . . . . . 30 26 TERMINATION AND MODIFICATION . . . . . . 30 42 TOTAL AGREEMENT . . . . . . . . . . . . . 33 34 UNION BUSINESS . . . . . . . . . . . . . 3 2 UNION REPRESENTATIVES. . . . . . . . . . 7 6 VACANCIES - PROMOTIONS . . . . . . . . . 10 7 WAGES . . . . . . . . . . . . . . . . . . 10 16 WORKING OUT OF CLASSIFICATION. . . . . . 22 22 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 •687, 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 i 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 terse of the Collective •`�:: ,; . Bargaining Agreement or after the expiration of a Collective Baroalning Agreement. 2.2 Neither the Union, nor any of Its officers or agents, nor members covered by this Agreement, nor any other employees covered by this Agreement, will Instigate, promote, sponsor, or engage In any strike, sympathy strike, slowdown. concerted stoppage of work, picketing In support of a work stoppage, or any other activity which prohibits an employee from reporting for duty. ARTICLE 3 UNION BUSINESS An employee organization time pool Is hereby authorized subject to the following: 3.1 The City agrees to establlsh 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 employee, 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 employee 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 Employees 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 an employee cannot be released at the time desired, the Employee Organization may request an alternate employee 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 employee using Time Pool time. In reporting an wpioyee's absence as a result of utilizing the Organization Time Pool, the daily attendance record shall r(iflect: -2- . �. "John Doe on AL" (Authorized Leave) i 3.5 Any Injury received or any accident Incurred by an Memployee 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 line -of -duty Injury, nor shall such Injury or accident be considered to have been Incurred In the course and scope of his employment by the City within the meaning of Chapter 440, Florida Statutes as amended. This section shall not Include benefits attainable through F.S. 112.181. 3.8 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. 33128, 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. 3.7 All applicable rules, regulations and orders shall apply to any person on time pool release. Violations of the above -mentioned rules. regulations and orders shall subject the employee on pool time to the regular disciplinary processes i 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 employee covered by this Agreement may voluntarily contribute vacation time to the Time Pool In 12-hour increments. 3.10 Each employee who wIahes to donate time will use a time pool donation form which will be provided by the City. This I form shall Include language releasing the City from any and all liability to pay for vacation time contributed by the employee to the Time Pool. 3.11 The Union will be allowed up to three (3) employee representatives who shall be permitted to participate In Iabor contract negotiation sessions while on duty with no loss of pay or emoluments. ARTICLE 4 DISCRIMINATION 4.1 No employee covered by this Agroamnt will be discrJminated against with regard to any job benefits or other conditions of employment accruing from this Agreement because of race, creed. national origin. union membership or sex. 4.2 All references In this Agreement to employees of the male gender are used for convenience only and shall be construed to Include both male and female employees. 4.3 The Union agrees to support the City's current Affirmative Action Programs and any other similar affirmative action programs affecting Fire Department personnel which may be developed by the City In negotiations with the Union. . 4.4 The City and Union agree to support Affirmative Action programs and any mandates of a oourt of proper jurisdiction that are designed to bring minority oandldate• up to -4- 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 a I I employees covered by this Agreement and not spec IfIcaIIy 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 the City of Miami, or resolutions of the City of Miami In effect at the time of execution of this Agreement. 5.3 The City and the Union wlII 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 taws. ARTICLE d MANAGEMENT RIGHTS 6.1 It Is understood and agreed that the City possesses the sole right to operate the V re Department and that all management rights are expressly reserved to the City of Miami, but that such rights must be exercised consistent with the provisions of this Agreement. These rights Include, but are not limited to, the following: discipline or discharge for just cause; direction and supervision of all personnel; the hiring, the assignment or transfer of employes 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 most 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 Adminlstrative 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 tranamltted through the Interoffice mall to a Fire Station designated by the Union President. ARTICLE 9 SHIFT EXCHANGE 9.1 Employees shall have the right to exchange shifts In accordance with the following limitations. (a). He may Owe up to three (3) shifts at any one tiog . Including •RO days. (b) He may be owed up to three (3) shift* at any Ong time Including *A* 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. 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. 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 4 positions covered by this collective barge InInQ 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, Rescue Headquarters, and Fire Chief's Office. space for bulletin boards for the purpose of Union notices. Material posted shall be subject to review by the Fire Chief or his designee. Any notice placed on the bulletin board shall bear on Its face the legible designation of the person responsible for placing such notice or Item on the board. 11.2 Notices shall not contain anything reflecting adversely on the City or any of Its officers. and no material, notices or announcements which violate the provisions of this Article shall be posted. 11.3 Notices posted must be dated and bear the signature of the Union President or his authorized representative. ARTICLE 12 LINE OF DUTY INJURIES 12.1 The City agrees to pay all medical and hospitalization expenses Incurred by any employee covered by this Agreement who is found to have sustained a compensable line -of - duty Injury as provided for by the Workmen's Compensation Law of the State of Florida. 12.2 The Clty 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 supplamentary salary of which a part thereof Is Workmen's Compensation as provided by Resolution No. 38802. provided however no supplementary salary will be paid to anyone Injured while performing an act Intended to Injure or hurt one'a self or another. S 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 City of Miami, law/Claims Division, concerning any controversy arising out of the declared compensable accident, then the supplementary salary, as provided by Resolution No. 39802, shall cease. 12.4 In the event that litigation Is filed by an employee following his return to work without having first met with and discussed with personnel of the City of Miami, Law/Claims Division, 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 Law/Claims Division 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. 12.6 In the event an employee desires the presence of an attorney to discuss a controversy with representatives of the Law/Claims Division, the parties agree that the attorney shall receive a token fee for his presence of $60.00 per hour, not to exceed $100.00. 12.6 The City agrees to notify and confer with the Union prior to any officlal 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 B. 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 dlsg6e• which may be contracted by employees. Furthermore, the presumption shall only be applicable to worker's compensation and disability pension benefit determinations. This section shall become effective upon ratification of the Agreement by the parties. Nothing In this section shall be construed as a waiver of the Clty's rights under applicable state law. ARTICLE 13 SAFETY COMiA I TTEE 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 seml-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. 13.6 Agended Issues and subsequent discussions on the subject of safety and health shall not limit or preolUde the -10- right of the Union to seek enforcement of safety requlrements under the Occupational Safety and Health Act, If applicable. ARTICLE 14 SPECIAL MEETIPM 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 16 GRIEVANCE PROCEDURE 16.1 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. 16.2 A grievance shall refer to the specific provision or provisions of the Agreement alleged to have been violated. Any -11- 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 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 'Llne 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 City. Any employee electing a remedy other than this grievance procedure shall be denied the use of the Grievance Procedure for the resolution of this specific grievance. The Union and Its members agree that the appeal to any other forum to resolve an Issue that would otherwise be subject to this grievance procedure under this Agreement would preclude the use of said Grievance Procedure to resolve such alleged grlevable Issues. 15.5 Nothing In this Article shall prevent the Union from appearing before the City Commission or other City boards on matters concerning the terms and conditions Of employment or on any matter affecting the welfare of Its members, and such shall not be considered as an election of remedy under this Article. However, such appearance by the Union shall not be In violation of Florida Statutes, Chapter 447.501 (2), (a), (b), (c). 16.6 Grievances shall be processed In accordance with the following procedure: -12- vv R7'iT Step i. The aggrieved employee shall discuss the grievance with his Immediate officer within five (5) working days of the occurrence which gave rise to the grievance. The Union representative may be present to represent the employee, If the employee desires him present. The Immediate officer shall attempt to adJust the matter and/or respond to the employee within five (6) working days. Where a grievance Is general in nature In that It applies to a number of employees having the some 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 anq 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 -13- IF V respond to the Union In writing within five (5) working days from receipt of the written grievance. Within the forty (40) calendar day time frame as outlined above, the Union shall notify the Fire Chief In writing of the nature of the grievance; what specific provision(s) were allegedly violated; whether the Union will advance the grievance; and the date on which the grievant was advised of the Committee's decision. if the Union decides not to advance the grievance, the grievant must submit a written grievance to the Fire Chief within three (3) calendar days of the date on which he was advised by the Union of Its position or the grievance shall be considered abandoned. The 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. Stop 4. If the Grievance has not been satisfactorily resolved at the Step 3 level of the Grievance Procedure, the Union may request a review by an Impartial arbitrator -14- provided such request Is filed In writing with the City Manager no later than fifteen (15) working days after the City Manager's response Is due In Step 3 of the Grievance Procedure. 15.7 The parties to this Agreement will attempt to mutually agree upon an Independent Arbitrator. If this cannot be done, one will be selected from a panel or panels to be submitted by the American Arbitration Association. The cost of said panel(s) shall be shared equally by the parties. Alternatively, the parties may mutually agree to select an Arbitrator from a panel(s) submitted by the FMCS. 16.8 The arbitration shall be conducted under the rules set forth by the American Arbitration Association on this subject except that Rules 1, 2, 3, 4, 5, 6, 7(b), 8, 9, 12, 14, 15, 16, 21, 25. 42, and 43 shall not be applicable or utilized by the Arbitrator. Subject to the following, the Arbitrator shall have jurisdiction and authority to decide a grievance as defined in 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 supercede applicable laws In existence at the time of signing this Agreement. 15.9 The Arbitrator may not Issue declaratory or advisory opinions and shall confine himself exclusively to the question which Is presented to him, which question must be actual and existing. 15.10 It is contemplated that the City and the Union mutually agree In writing as to the statement of the matter to be arbitrated prior to hearing. When this Is done, the Arbitrator shall confine his decision to the particular matter thus specified. When the parties are unable to agree, the Arbitrator shall decide the Issue or Issues to be arbitrated. -15- 88-841 40 Alft 16.11 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 Copses 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 be final and binding on both parties. ARTICLE /S SAFETY SHOES 18.1 Within 30 calendar days after the ratification 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. 18.2 Effective upon ratification of the labor agreement. the City shall reimburse bargaining unit employees up to $76 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. 16.4 In return for the Improved shoe allowance. the Jobs not required to wear safety shoes shall not be e1191b19 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 $6.28 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 Through September 30, 1988, the City shall continue It health care contributions under Article 17 of the previous agreement. Effective October 1. 1988, the City shall provide Its current health Insurance indemnity plan to bargaining unit employees as provided below. 1. Active bargaining unit employees will contribute $11.44 per pay period toward the cost of employee health coverage and $61.74 per pay period toward the cost of family coverage where the employee elects to take such coverage. Increases or decreases In the cost of the City's plan shall be shared on a percentage basis of what the City and the emp 1 oyee pay as of the date this Agreement Is ratified provided, however, the City shall pay the full portion of any Increase In excess of 16% which may occur during fiscal year 1988/89. 2. All claims Incurred on or after October 1. 1988 will be considered new claims and paid by the City based on the City's Indemnity plan fee schedule. 3. Bargaining unit employees that have not yet met the IAFF Health Trust deductible as of October 1, 1988 will be required to most the City's deductibles; provided, employees will be credited with the amount i of deductible In their IAFF Health Trust account. -17- a ♦ • ,. All Claims Incurred but not submitted to the IAFF Health Trust prior to October 1, 1988 will be considered as runoff. Said claims wlII be paid by the City bused on the IAFF Health Trust's plan of benefits and sent to the IAFF Health Trust's Administrator, ASI, for processing. 5. All runoff claims must be submitted no later than November 30. 1988 to be paid. Any and all claims not received by ASI by November 30. 1988 will not be processed by the City or ASI under any circumstances. Those claims not submitted by the deadline stated are the responsibility of the Individual. 6. Within ten (10) working days of ratification of the labor agreement by the parties, the City will pay the IAFF Health Trust office $660,000 to be used to pay those bills In the ASI office as of October 1, 1988. If the total amount of bills are less than the $650,000, the balance Is to be returned to the City by December 31, 1988 or earlier. 7. Any payment of bills In the ASI office as of October 1, 1988 which exceeds $650,000 will be deducted from the fire prevention pay due eligible recipients the first quarter of 1989. Local 687 will be given a credit of $70,000 against the amount owed (If any) as outlined above for the month of September, 1988. It Is agreed, however, that the amount to be deducted from the fire prevention pay will be reduced by an amount (If any) which Is the total of all bills received In September, 1968, less any Income from contributions of firefighters and the City of Miami received In September, logo. 8. All active employees In the IAFF, Local 687 HMO will come Into the Clty's Indemnity plan with the Cltyea Indemnity plan deductibles and co -Insurance effective October 1, 1988. 0. Under the Clty's Indemnity plan, the ninety (90) day waiting period will be waived for active employees. 10. Under the City's Indemnity plan, pre-existing conditions will be waived for active employees. 11. The Union agrees that the action styled Alexander, Hall, et al v. City of Miami, at al, Case No. Ad- 32138, currently pending In the Circuit Court of the Eleventh Judicial Circuit of Florida. in and for Dade County, will be voluntarily dismissed with prejudice In Its entirety. The Voluntary Dismissal With Prejudice shall be filed with the Court and a copy sent to the Law Department (City Attorney's Office) within three (3) days after the Clty's ratification of this Agreement. If the Voluntary Dismissal Is not filed within that time period, this Article (17) shall be null and vold and subject to renegotiation between the parties. 12. Within thirty (30) working days, the City will review plan design changes and triple option concepts with the Union. It Is understood that changes In Insurance benefits are a mandatory subject of bargaining. The target date for agreed upon changes will be January 1989. Because of the substantial changes to the group Insurance previously offered by the Union and now offered by the City, the parties will Mutually cooperate on Insurance changes which need to be communicated to all affected parties. ARTICLE /0 WAGES 18.1 TheI 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. -1E- 8�-A4i. October 1, 1987 - 0% October 1, 1988 - 4% October 1, 1989 - 4% 18.2 Those employees hired after July 10, 1988 shall be hired at b% below Step 1 and shall remain at 5% below the Step 1 rate until successful completion of the Fire College. Upon successful completion of the Fire College the Firefighter/probationary employee shall be paid as reflected In Step 1 of Appendix -A,- 08" and "C." 16.3 A twenty (20) year longevity step will be Implemented effective the first full pay period following October 1, toss . The twenty ( 20 ) year I ongev I ty w i I I be granted 1 n the same manner as the ten (10) and fifteen (15) year longevity steps. 18.4 Effective the first full pay period following January 1, 1989. except as otherwise provided In Article 17 - Group Insurance, all active bargaining unit members shall receive a quarterly Fire Prevention payment in the amount of $325.00 on a fiscal year basis. Subsequent Fire Prevention payments shall be made the first full pay period following March, June and September. All hours a bargaining unit member Is In a non -pay status shall be deducted from the Fire Prevention payment on the basis of S.82 per hour If assigned to a 40 hour week or S.62 per hour if assigned to a 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 -20- 88 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 accumulate compensatory time up to a maximum of 200 hours. Prior to November 1 of each year, the employee may elect to be paid for the full accumulation of earned time on the first pay day In December 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 first pay day In December. (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. -21- .. .• 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 dleclpllnary action a$ deemed appropriate by the Department Director. ARTICLE 21 CALL BACK PAY 21.1 All employees covered by the terms of this Agreement who are called back to work while off duty shall be paid at least three (3) hours minimum, plus one (1) hour's travel time. at the employee's overtime rate provided by Article 20. 21.2 Any employee covered by this Agreement who Is summoned to appear as a witness, while off duty as a result of his direct employment as a member of the Miami Fire Department. will be paid four (4) hours minimum at one and one-half times his current hourly rate, excluding travel time. for all such time, i 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 rank above that which he normally holds shall be .paid at the hourly rate and one (1) step above his current rate In his regular classification while so acting, provided he works 1n that capacity for a minimum of six (`) hours. -22- 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 Washington's Birthday Memorial Day Independence Day Columbus Day Veterans Day Thanksgiving Day Day After Thanksgiving Labor Day Christmas Day Martin Luther King's Birthday (Effective FY 88-88) 23.2 Any additional holidays declared by official resolution of the City Commission shall be added to the above Ilst. 23.3 New Year's Day, Independence Day and Christmas will be on January 1st, July 4th and December 26th, respectively. However, those bargaining unit employees who work 40 hours per week will observe the above three (3) 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 Effective December 31, 1988, the Union agrees that In exchange for the Floating Holiday Time - Article 24, unit members shall no longer be entitled to 080 Birthday Time. Those bargaining unit members who have not incurred or utilised theiir 1100 Birthday Time from ratification of the agreement through -23- a8�-841 December 31, 1988 shall have the opportunity to schedule their birthday off at a time mutually agreeable with the employee and the Chief of the Fire Department or his designee prior to March 31, 1989. 23.6 It Is agreed and understood that effective October 1. 1976, premium pay for work performed on a holiday shall be calculated as one-half of the actual time worked. An employee who works an eight (8) hour shift on which the holiday occurs, shall receive four (4) additional hours as prwnlum pay; an employee who works a sixteen (16) hour shift on a given holiday shall receive eight (8) additional hours as premlum 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 deflned 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. 23.7 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 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. 23.8 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 (6) hours vacation leave for each ten (10) hours of sick leave earned. 23.9 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 -24- 88-841 accumulated sick leave In excess of twelve hundred (1200) hours, shall upon retirement he paid for all accumulated sick leave up to a maximum of fourteen hundred forty 11440) hours. It Is the Intent of this provision that no employee wlII be paid for sick leave In excess of twelve hundred (1200) hours except to the extent that such excess existed on November 14. 1978. 23.10 Any employees not covered by Section 23.9 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, provided however, any employee who as of October 1, 1981. has accumulated sick leave Ir, excess of nine hundred (900) hours sha I I upon retirement be paid for sick leave up to a maximum of twelve hundred (1200) hou-s except to the extent that such excess existed on October 1. 1981. ARTICLE 24 FLOATING HOLIDAY TIME Effective January 1, 1989, It Is agreed that the bargaining unit members who have six (6) consecutive months or more of satisfactory service shall be entitled to twenty (20) hours floating holiday time off each calendar year If assigned to a 24-hour shift or sixteen (16) hours If assigned to a 40-hour week. The floating holiday hours may not be taken In less than one hour Increments. The floating holiday 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 floating holiday hours off shall not be accrued; they must be used by the employee during the calendar year or be forfeited. The floating holiday hours off are not subject to being converted to cash during the employee's employment or as severance pay upon the employee terminating his employment with i 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. -25- ARTICLE 26 EDUCAT ION! 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. Employees who fall 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. 25.5 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 (6%) percent. The City shall not Incur any overtime pay obligation 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 ratlflcatlon of the Agreement by the parties. -ZO- 88--r84 1. ARTICLE 28 DEATH IN FAMILY 28.1 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 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. 28.2 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. 26.3 At the request of the employee. the Department Director may authorize the use of accrued vacation or compensatory leave. 26.4 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. -27- 88-841 ARTICLE 27 PHYSICAL EXAMINATIONS 27.1 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. 27.2 The schedule set forth In Section 27.1 and the content of the present physical examination shall continue. ARTICLE 20 LOSS OF EQUIPMENT 28.1 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 acts) resulted In the loss, theft, or damage. ARTICLE 29 BLOOD DONORS 20.1 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 90 MM;TANCE /ALOOMOL - PEREOIidEL Nl.N" 30.1 In an effort to Identify and eliminate on or 9tf duty controlled substance/alcohol abuse. urinalysls/blood tests shall be administered as provided herein: -24- t) As part of a scheduled physical examinatlon program as provided In Article 27 of this Agreement. 2) Following any vehicular accident occurring on -duty, on an off -duty detail, traveling to or from same Involving employee(*) where a Rescue Battalion Captain, District Chief, or above has a reasonable belief based upon objective factors that the Involved employee($) may be under the Influence of alcohol or may have been using. possessing, dispensing or selling controlled substance, unlawful, mind -altering, or non-physlclan prescribed drugs. 3) 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. 4) 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. 6) All positive tests for a controlled substance will be confirmed by Gas Chromatograph/Mass Spectrometry (G.C.M.S) or better testing. When a sample Is taken under any of the above circumstances, a portion shall be retained for a second test within 24 hours should either management or the employee request same. Testing procedures shall be under a reliable state licensed clinic laboratory. d) 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. -29- • 0 7) Employees 911811 be notified of a positive result. Should the employee or the City wish a second test It shall be performed within 24 hours Of the positive notlflcatlan. Notice to the employee of the first test being positive shall be considered to have been served upon the employes by a representative of the Department delivering a notice to the Employee's lase. known residence as shown on the Department's personnel roster. In the event an employee declines to offer a second sample, the reserved portion of the first sample will be utilized. 8) If an employee Is ordered back to duty for testing, the provisions of Article 21 (Call Back Pay) will apply. 30.2 where a bargaining unit member alleges that an order made under this section 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. 30.3 Disputes arising out of such protests shall be arbitrable under the Expedited Arbitration Rules of the American Arbitration Association. 30.4 The employee(s) shall not be disciplined until a posltive 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. 30.5 The I.A.F.F. will be advised of passed or failed tests to the extent that the releasing of such data Is not Inconsistent with Federal or State laws regarding the privacy of said test or If the individual Involved does not want his test results released to the I.A.F.F. REHABILITATION 30.6 In the event that the results of the urinalysis/blood test are positive, the following critera will apply: -30- SIS-RA I i) The employee at his/her own cost will enter and ronaln In a substance/alcohol program approved by the City and the Union until the approved program administrator Is able to state that (s)he has been 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 rehab llltated 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. 2) 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 (s)he will go off the payroll. 3) If the employee falls to complete the program, or falls to or cannot be rehabilitated, (s)he may be terminated from his/her employment with the City. ARTICLE 31 HOURS OF WORK 31.1 Effective October 1, 1988, the work week shall be as follows: 24 hours on duty, 48 hours off duty. A day off, now known as an OR" day, shall be granted once every seven (7) scheduled tours. This schedule will effect a 48 hour work week. Any changes In this schedule shall be subject to negotiations between the parties. 31.2 An OR• day shall be defined as a regular day off as scheduled by the Fire Chief or his designee and Faust be taken on the day .so designated. An emp I oyee may not have the cho 1 ce 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. -31- WOOS 4- IL ARTICLE 32 EMPLOYEE RIGHT TO REPRESENTATION 32.1 where an Investigation Is Initiated by the Management of the City of Miami Fire Department against an employee covered by this Agreement concerning criminal charges and where a formal statement under oath Is elicited from the accused employee, the Interrogation shalt 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 coemand 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. -32- (e1 Interrogations shall be for reasonable periods and shall be timed to allow for such personal necessities and rest period as are reasonably necessary. (f) The accused shell not be subjected to abusive or offensive language or threatened with transfer, dlsmissal 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. (1) No mechanical device, Including, but not limited to, polygraph, psychological stress evaluator, et al., shalt 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 wlthln four (4) hours of notification, the employee shall be required to obtain another employee representative or counsel. When an employee representative or u counsel Is present, he shall be only an advisor and shall not have the right of cross examination. 32.2 The above shall not apply to Investigations and review of Infractions of non-crlminal City and Departmental Rules and Regulations provided, however, any employee covered by this Agreement who Is disciplined as the result of the alleged violation of City or Departmental Regulations, Rules or Policies shall have the right to have Union representation present If he or she desires It. If such meeting occurs between 9:00 a.m. and 5:00 p.m. on normal Monday through Friday business days the employee shall be allowed two (2) hours to have Union representative present. If such meeting occurs at times other than those described above, the employee shall be allowed four (4) hours to secure Union representation. The Union representative shall be an advisor to the employee and shall not have the right to cross examination. ARTICLE 33 TOTAL AGREEMENT 33.1 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 34 REPRESENTATION OF THE CITY 34.1 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. 34.2 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 deelMd unauthorized and shall have no weight of authority In cOMMItt1n1111 or In any way obligating the City. ARTICLE 36 REPRESENTATION OF THE UNION 36.1 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. 35.2 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 Union members voting on the question of ratification. 36.3 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. 35.4 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 36 EEMENT 1 N 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. -36- 8&-541 ARTICLE 37 SAVINGS PROVISION 37.1 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 wlII meet, promptly, to negotiate replacement language In accordance with Chapter 447, Part 11, Florida Statutes. ARTICLE 38 PENSION Section I. 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 Oates/shortfall/varlable 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, after 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 Clty'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 Systesl 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 contributions from the employee and the City as provided herein. -36- 1 4F The IlabiIIty, 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 2e (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 b. City Contribution to COLA - The City will 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 86-88. the City will no longer make the current spec 1 a I 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 Sal (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 recelpt of the tax qualification letter, vesting will be reduced from 18 year• to 10 years consecutive satisfactory service. -37- � � M 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 Agreement only. Those female employees electing to buy back Bald time may do so at their current salary and have up up to one (1) year to pay the money to the Pension System. 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 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 most these qualifications waives any and all future claims for payback of maternity leave. Section 8. 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, 1964) 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 presently computed). The funding for the cost of this benefit Increase Is Included In the schedule of City contributions set forth below and In Schedule A attached to this Agreement. 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 -38- 'i 8-4ml 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 consistent with this Agreement, so long as any unfunded liability shall remain. a) Normal Cost Contribution - The annual normal cost 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. Falling 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 Clty'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 S. 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 S. 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 (a) highest years' salaries. -39- section 13. No Increases or Eligibility 11110rOWMIMIt• - The parties agree that the Pension eligibility and beneflt 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 per lod of three (3) years from the date of ratification (March S, 1984). Renegotiation may commence ninety (e0) 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. -40- r (P SC3IEOULE A SYSTEM GMTR I INT 1 ON ( I n US l l l ene ) f 1 pea I Year Norms I Unf� law 83/84 4.9 4.6 9.4 $4/06 6.7 6.0 10.7 s6/ss 4.0 6.3 11.3 a8/87 6.2 6.6 11.9 s7/48 6.6 6.8 12.4 ss/s9 7.0 6.1 13.1 39/90 7.3 8.4 13.7 90/91 7.7 8.0 14.6 91/92 s.1 7.1 16.2 92/93 6.6 7.6 14.0 93/94 •1 *2 and after 41 subsequent Increases shall be In the same proportionate percentage as has occurred In the prior six -year period. 02 Increasing by 8% per annum, with payments continuing until unfunded actuarial accrued liability Is awortlsed. ARTICLE 39 TERMINATION AND MODIFICATION 39.1 After a majority vote of those Union rmembers voting on the question of ratification, and thereafter upon Its ratification by an official resolution of the City Commission ratifying the Agreement and authorising the City Manager to sign the Agreement on behalf of the City. unless otherwise agreed to by the parties. then the Agreement, upon being signed by the appropriate Union representative and the City Manager, shall become effective October 1, 1987, except where otherwise stipulated. This Agreement shall continue In force until September 30, 1990. 39.2 On or before April 1, 1990, 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. 39.3 On or before April 1, 1990, the City shall present the Union with a list of proposals It desires to negotiate together with specific language describing Its proposals. 39.4 Initial discussions shall thereafter and no later than May 1, 1990. be entered Into by the City and the Union. 39.5 Such discussions shall be concluded by the signing of a proposed agreement pursuant to Florida law. -43- 88 W1 Agreed to this day of . 1904. by and between the respective parties through an authorised representative or representatives of the Union and by the City Manager. ATTEST: INTERNATIONAL ASSOCIATION Of FIREFIGHTERS, AFL-CIO, LOCAL 847 President ATTEST: ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA City Manager ,CITY CLERK APPROVED AS TO FORM AND RECTNESS 9' A -,3-_ •per s AFFIX •A" ZPPECRIVB OCTOBM 12, 1986** ist 2nd code Salary Longevity Longevity number Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 (10 yrs.) (1S yrs.) S30S Fire Fighter 24B *25,875 27,206 28,621 30,014 31,512 33,051 34,736 36,442 38,314 A S307 Fire Lieutenant 27B 30,014 31,512 33,051 34,736 36,442 38,314 40,186 42,203 44,346 A ' S308 Fire Captain 309 34,736 36,442 38,314 40,186 42,203 44,346 46,571 48,838 51,314 S309 Chief Fire Officer 332 40,186 42,203 44,346 46,571 48,838 51,314 53,934 56,638 59,426 *Firofighter/probationary Salary: 24,690 (Step A) (Mntry level Firefighters hired after ratification of contract are paid 5% less than Step 1 until successful cowpletion of Fire College.) RMMO: No ACC+ -tbs-Board Increase FT 1987-" 11PF�DIZ was zrrwrm OCPOM 9, 19" � ' salary Ste i Ste 2 St 3 St 4 Ste 5 Stop 6 St 7 !ns#ber Class Title Hari • 29,764 31,220 32,780 34,382 36,129 5305 Fire Fighter 24B +�26,915 28,288 Fire Lieutenant 27D 31,220 32,780 34,382 36,129 37,897 39,852 41,787 5307 i 30B 36,129 37,897 39,852 41,787 43,888 46,113 48,44 5308 Fire Captain Chief Pire officer 333 41,787 43,688 46,113 48,443 50,793 53,372 56,097 5309 Rlirefighter/probationary Salary: 25,667 (Step A) (itrY legal Firefighters hired after rats liuntian than Step il * e paid S% less of �are suooas ful coWletion of Fire College-) asassNs� 40 1st 2nd 3rd Longevity Longevity Longevity (10 yrs.) US Yrs.) (20 Yrs.1 37,897 39,852 41,787 43,888 46,113 48,443 S0,793 S3,372 56,097 58,905 61,796 64,996 OP APPWWIE •C' zrrwrxw OC`1mm 8, 1989 gyp• ist 2nd 3rd Code Salary Longevity Longevity Longevity Number Class Title Range Step 1 Stop 2 Step 3 Step 4 Step 5 Step 6 Step 7 (10 yrs.) (15 yrs.) (20 yrs.) 5305 lire fighter 24B *27,976 29,411 30,950 32,468 34,091 35,755 37,564 39,395 41,433 43,451 5307 Dire Lieutenant 27B 32,468 34,091 35,755 37,564 39,395 41,433 43,451 45,635 47,944 50,377 a 5308 lire Captain 30B 37,564 39,395 41,433 43,451 45,635 47,944 50,377 52,811 S5,494 58,323 5309 Chief lire Officer 335 43,451 45,635 47,944 50,377 52,811 55,494 58,323 61,256 64,251 67,475 *firefighter/probationary Salary: 26,173 (Step A) (Retry level firefighters hired after ratification of contract are paid St less than Step i until snocessful ca*letion of fire College.) 40 ot CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission FROM Cesar H . Od I o City Manager RECOMMENDATION: DATE S E P 2 1988 "`E SUBJECT Resolution Ratifying Labor Agreement Between City of Miami and International REFERENCES Association of Firefighters, Local 587 ENCLOSURES 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, Local 587 for the period of October 1, 1987 through September 30, 1990 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 Association of Firefighters, Local 587. The City and the International Association of Firefighters, Local 587 representatives have been meeting since April, 1987 In an effort to reach an agreement acceptable to both sides. As a result, the City and the International Association of Firefighters, Local 587 have agreed to a three-year agreement providing for a 0% wage Increase for FY'87-88, a 4% wage Increase for FY'88-89, and a 4% wage Increase for FY'89-90. Bargaining Unit members shall receive a $325 quarterly Fire Prevention Pay supplement beginning In January, 1989, and a 20 year longevity step has been added to the pay plan. Martin Luther King's Birthday has been designated as an official holiday, and two floating holidays have been added with one of the floating holidays replacing Birthday time off. In addition, the City has agreed to offer Its group health Insurance indemnity plan to bargaining unit members upon the dissolution of the I.A.F.F. Health Trust. Please see the attached memorandum for cost analysis. With regard to articles of major concern to Local 587 and the City of Miami - Discrimination, Prevailing Benefits, Vacancies - Promotions, and Drug Testing, the parties have agreed to continue negotiations solely on these articles under the auspices of the Federal Mediation and Conciliation Service. These limited negotiations will continue up to a maximum of *60 days." if agreement Is not reached within 60 days resolving these Issues. they will be presented to the City Commission for final disposition. CC: Law Department Budget Department 9_1 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Cesar N. Odlo City Manager �R°M Dean R. Welk r�1 Labor RelatloAs Officer DATE September 13, 1988 PILE SU•JECT Contract Settlement with I.A.F.F. Local 587 REFERENCES ENCLOSURES The Clty's negotiating team successfully concluded contract negotiations with the International A3sOCIatIon of Firefighters, Local 587, Tuesday. September 13, 1968. This Is a three-year contract for Fiscal Years 87-88, 88-89, and 89-90. A summary of the significant changes and their estimated cost Impact Is displayed below: Article No. Sub ect Cost Increases 18 Wages: Provides for a 0% FY 87-88 Increase for FY 1987-88. a 4% Increase for FY 0% Increase: s0 1988-89, and a 4% Increase for FY 1989-90. FY 88-89 4% w/o rollup: $ 988.244 4% w/rollup: $1,386,659 FY 89-90 4% w/o rollup: $1,052,768 4% w/rollup: $1,480,189 Provides for a quarterly FY 88-89 $ 640,575 Fire Prevention supplement effective January '1, 1989 FY 89-90 s 845,100 In the amount of $1.300.00 per year. Longevity: Provides for an FY 88-89 additional 5% supplement for 20 years of service w/o rollup: s 295,905 effective FY 88-89. w/rollup: = 410.043 FY 89-90 i w/o rollup: s 46.468 w/rollup: = 69,146 Cesar H. Odlo -2- September 13, 1988 Article No. Sub ect Cost Increases 16 Safety Shoes: Provides for FY 88-89 S (21.527) a $75.00 reimbursement for the purchase of safety FY 89-90 $ 11,873 shoes. Savings due to deletion of $50 physical fitness payment. 17 Group Insurance: Provides FY 88-89 $1,723,900 the Clty's group health Insurance Indemnity plan be FY 89-90 $1,158,000* offered to bargaining unit members and provisions for the payment of existing claims and runoff. Holidays: Martin Luther FY 88-89 23 King's Birthday designated as an official holiday, and w/o rollup: S 246,836 two floating holidays w/rollup: S 347.052 granted (one replacing Birthday time off.) FY 89-90 w/o rollup: S 256,581 w/rollup: S 360,753 39 Conclusion: This agreement Is three years In duration and expires on September 30, 1990. Estimate of Total FY 87-88 Cost Increase: Estimate of Total FY 88-89 Cost Increase: Estimate of Total FY 89-90 Cost Increase: :m7 w/o rollup $3,671,933 w/rollup $4,492.702 w/o rollup: $3,372.786 w/rollup: $3,924,061 3 �i. Cesar H. Odlo -3- September 13, 1988 With regard to articles of major concern to Local 587 and the City of Miami - Discrimination, Prevailing Benefits, Vacancles-Promotlons, and Drug Testing, the parties have agreed to continue negotiations solely on these articles under the auspices of the Federal Mediation and Conciliation Service. These limited negotiations will continue up to a maximum of "60 days." if agreement Is not reached within 60 days resolving these Issues, they will be presented to the City Commission for final disposition. we anticipate the International Association of Firefighters, Local 587 will ratify the Agreement on September 28 and 29, and the City Commission ratifying the labor agreement at the City Commission meeting scheduled for September 27, 1988. ORM:grw CC: Manohar Surana, Director, Budget Department Jorge Fernandez, City Attorney • Group Insurance - Parties will be meeting to review plan design and Implement a managed care system. This figure could escalate as much as 16% dependent on those changes.