HomeMy WebLinkAboutR-86-0559J-86-597
RESOLUTION NO �l-- jj,59
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, FOR THE PERIOD OF
OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1987
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, for the period of
October 1, 1985 through September 30, 1987 upon the terms and
conditions set forth in the attached Agreement.
PASSED AND ADOPTED this loth day of
ATTEST:
MATTY HIRAI, CITY CLERK
JULY , 1986.
XAVIER L. SUAR , MAYOR
PREPARED AND APPROVED BY: _
ROBERT F. CLARK, CHIEF DEPUTY CITY ATTORNEY
APPROVED XS/TO -FG2M AND CORRECTNESS:
LUCIA A. DOUGHERTM, CITY ATTORNEY
MEETING OF
JUL 10 1986
)N No. ktl' N
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
52
TO: Honorable Mayor and Members DATE` June 27, 1986 FILE:
of the City Commission
SUBJECT: Resolution Ratifying Labor
Agreement Between City of
Miami and International
FROM: Cesar H. Odio tv REFERENCES: Association of Firefighters
City Manager
ENCLOSURES: One
It is recommended that the City Manager
enter into a collective bargaining agreement
between the City of Miami and the employee
organization known as the International
Association of Firefighters for the period
of October 1, 1985 through September 30,
1987 per the attached Resolution.
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. The City and International
Association of Firefighters representatives have been meeting
since May, 1985 in an effort to reach agreement acceptable to
both sides. As a result, the City and the International
Association of Firefighters have agreed to a two-year agreement
providing for a 4% increase in wages retroactive to January,
1986, and 3% in October, 1986. In addition to the wage
increase, improvements were made in the City's contributions to
the I.A.F.F.'s Group Health Insurance Plan,the hours of work
were reduced from 49.8 hours per week to 48 hours per week and a
substance/alcohol screening program was agreed to.
It is recommended that the City Manager be authorized to enter
into the attached collective bargaining agreement between the City
of Miami and the International Association of Firefighters.
CHO:grw
cc: Law Department
Management & Budget
8f -559
AGREEMENT
BETWEEN
CITY OF MIAMI, FLORIDA
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
LOCAL 587
OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1987
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TABLE OF CONTENTS
ARTICLE PAGE
AGREEMENT* . . . . . .
. . .
.
. . . . .
1
AGREEMENT IN EVENT OF
TRANSFER
. . . . .
36
35
APPENDIX A . . . . . .
. . .
.
. . . . .
43
APPENDIX B . . . . . .
. . .
.
. . . . .
44
BLOOD DONORS . . . . .
. . .
.
. . . . .
28
27
BULLETIN BOARDS . . . .
. . .
.
. . . . .
11
8
CALL BACK PAY . . . . .
. . .
.
. . . . .
21
21
DEATH IN FAMILY . . . .
. . .
.
. . . . .
25
25
DISCRIMINATION . . . .
. . .
.
. .
4
4
EDUCATION. . . . .
. . .
24
24
EMPLOYEE RIGHT TO REPRESENTATION
. . . .
32
31
GRIEVANCE PROCEDURE. .
. . .
.
. . . . .
15
11
GROUP INSURANCE . . . .
. . .
.
. . . . .
17
16
HOLIDAYS/VACATION/SICK
TIME.
.
. . . . .
23
22
HOURS OF WORK. . . . .
. . .
.
. . . . .
31
31
LINE OF DUTY INJURIES.
. . .
.
. . . . .
12
8
LOSS OF EQUIPMENT. . .
. . .
.
. . . . .
27
28
MANAGEMENT RIGHTS. . .
. . .
.
. . . . .
6
5
NO STRIKE . . . . . . .
. . .
.
. ... . .
2
1
NOTICES. . . . . . . .
. . .
.
. .
8
6
OVERTIME . . . . . . .
. . .
.
. .
20
20
PARITY. . . . . . . .
. . .
.
. . . . .
19
19
PENSION* . . . . . . .
. . .
.
. . . . .
38
35
PHYSICAL EXAMINATIONS.
. . .
.
. . . . .
26
26
PHYSICAL FITNESS . . .
. . .
.
. . . . .
29
27
PREVAILING BENEFITS. .
. . .
.
. . . . .
5
5
RECOGNITION. . . . . .
. . .
.
. .
1
1
REPRESENTATION OF THE CITY .
.
. . . . .
34
34
REPRESENTATION OF THE UNION.
.
. . . . .
35
34
SAFETY COMMITTEE . . .
. . .
.
. . . . .
13
10
SAFETYSHOES . . . . .
. . .
.
. . . . .
16
16
SAVINGS PROVISION. . .
. . .
.
. . . . .
37
35
SCHEDULE A - SYSTEM CONTRIBUTION . . . .
40
SHIFT EXCHANGE . . . .
. . .
.
. .
9
6
SPECIAL MEETINGS . .
. . .
.
. .
14
11
SUBSTANCE/ALCOHOL -
PERSONNEL SCREENING
. . .
.
. .
30
28
TERMINATION AND MODIFICATION
.
. .
39
41
TOTAL AGREEMENT. . . .
. . .
.
. . . . .
33
33
UNION BUSINESS . . . .
. . .
.
. . . . .
3
2
UNION REPRESENTATIVES.
. . .
.
. . . . .
7
6
VACANCIES - PROMOTIONS
. . .
.
. . . . .
10
7
WAGES. . . . . . . . .
. . .
.
. . . . .
18
19
WORKING OUT OF CLASSIFICATION.
. . . . .
22
21
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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 #5B7, 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 emp_,jyment. 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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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 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 employee's
absence as a result of utilizing the Organization Time Pool, the
daily attendance record shall reflect:
"John Doe on AL" (Authorized Leave)
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3.5 Any injury received or any accident incurred by an
employee 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.
3.6 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 1710 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.
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
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currently provided for in the Miami Fire Department.
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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 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 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 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.
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.
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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 the City of Miami, or resolutions
of the City of Miami in effect at the time of execution of this
Agreement.
5.3 The City and the Union will meet at the request of the
City to negotiate any proposed changes in those rights and
benefits not specifically covered by the Agreement, provided
however no changes shall be made in the language or intent of
this Agreement except by mutual consent.
5.4 However, nothing in this Article shall prevent the City
from implementing the terms of the current Consent Decree or any
future legal mandates placed upon the City by applicable laws.
ARTICLE 6
MANAGEMENT RIGHTS
6.1 It is understood and agreed that the City possesses the
sole right to operate the Fire Department and that all management
rights are expressly reserved to the City of Miami, but that such
rights must be exercised consistent with the provisions of this
Agreement. These rights include, but are not limited to, the
following: discipline or discharge for just cause; direction and
supervision of all personnel; the hiring, the assignment or
transfer of employees; determination of the mission and objective
of the Fire Department; determination of the methods, means, and
number of personnel needed to carry out the Fire Department's
missions and objectives; introduction of new or improved methods
or facilities; and scheduling of operation and shifts.
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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 in
accordance with the following limitations.
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.
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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.
10.5 The Fire Department Book Review Committee will review
and discuss books and technical publications they deem worthy of
consideration by the Personnel Management Department for testing
purposes. The Personnel Management Department and the Book
Review Committee or its representative shall meet and discuss the
books, materials, scoring procedures, weights of books, etc. to
be used in the promotional examinations for all positions covered
by this collective bargaining agreement. Such input from the
Book Review Committee will be received and considered by the
Personnel Management Department, but should not be binding on its
usage by the Personnel Management Department.
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ARTICLE 11
BULLETIN BOARDS
11.1 The City shall furnish at each Fire station, Fire
Prevention Bureau, Fire College, Fire Operations Information
Center, 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 City agrees that any employee covered under this
contract wh1:: 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 thereof is Workmen'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 City of Miami, Office of
Workmen's Compensation, concerning any controversy arising out of
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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, Office of
Workmen's Compensation, 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 Office of
Workmen's Compensation 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
Office of Workmen's Compensation, the parties agree that the
attorney shall receive a token fee for his presence of $50.00 per
hour, not to exceed $100.00.
12.6 The City agrees to notify and confer with the Union
prior to any official action regarding the discontinuance of any
supplemental salary benefit related to a line -of -duty injury.
12.7 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 diseases
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
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become effective upon ratification of the Agreement by the
parties. Nothing in this section shall be construed as a waiver
of the City's rights under applicable state law.
ARTICLE 13
SAFETY COMMITTEE
13.1 There shall be a Safety Committee in the City of Miami
Fire Department which shall consist of 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
Workmen's Compensation are not subject to this Agreement, except
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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 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
grievable issues.
15.5 Nothing in this Article shall prevent the Union from
appearing before the City Commission or other City boards on
matters concerning the terms and conditions of employment or on
any matter affecting the welfare of its members, and such shall
not be considered as an election of remedy under this Article.
However, such appearance by the Union shall not be in violation
of Florida Statutes, Chapter 447.501 (2), (a), (b), (c).
15.6 Grievances shall be processed in accordance with the
following procedure:
Step 1. The aggrieved employee shall discuss the grievance
with his immediate officer within five (5) working days of
the occurrence which gave rise to the grievance. The Union
representative may be present to represent the employee, if
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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 4 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.
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
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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 may request a review by an impartial arbitrator
provided such request is filed in writing with the City
Manager no later than fifteen (15) working days after the
City Manager's response is due in Step 3 of the Grievance
Procedure.
I
i
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, 31 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
I shall confine his decision to the particular matter thus
specified. When the parties are unable to agree, the Arbitrator
shall decide the issue or issues to be arbitrated.
15.11 Each party shall bear the expense of its own
Jwitnesses 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-
'�; 8E�-5S9�
A �r
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 be final and binding on both
parties.
ARTICLE 16
SAFETY SHOES
16.1 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.
16.2 In fiscal years 1985-1986 and 1986-1987, the City
shall make employees whole up to $44 for the purchase of an
initial pair of safety shoes or the replacement of same due to
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 shall determine when,
in his judgment, a pair of safety toe shoes shall be issued as
replacement. Safety shoes shall be issued on the basis of need
and not on an automatic basis.
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 $5.26 per pay period for the
cost of life insurance and accidental death and dismemberment
coverage as currently enjoyed by eligible members of the
bargaining unit.
-16- 86-559
1
17.2 Effective in the first full pay period following
October 1, 1985, the City will contribute $34.00 per pay period
toward the cost of employee health coverage and $40.67 per pay
period toward the cost of dependent coverage where the employee
elects such coverage. The City's contribution shall increase to
$41.82 for employee coverage and $50.02 for dependent coverage
concurrent with the FY 86-87 wage increase provided in Article
18, Wages.
17.3 The Union shall maintain its own group
health/life/accidental death and dismemberment insurance plan.
All current, future, and retired bargaining unit employees shall
be eligible to participate in the Union's plan, but shall not
have the right to participate in the City administered plan.
Persons who do not wish to be Union members, shall not be
eligible to participate in the Union Plan, in which case they may
be enrolled in a City selected HMO; provided that the City's
contributions to any HMO on behalf of the persons who do not wish
to be union members shall be at the same ratio as the City would
then be contributing to the Union plan for that person if (s)he
were a member of the Union.
Employees who were covered under the City's Plan on
June 30, 1984 may continue to submit claims for covered health
care services ("services") to the City's Plan as follows:
1. Where one or more services were incurred prior to
the date of implementation of the Union's Plan, and
the condition for which the services were incurred
is a non -recurring or non -chronic condition, the
employee may submit a claim to the City's Plan for
those services and after the implementation of the
union's Plan (s)he may submit a claim to the City's
Plan only for services for the same condition which
are incurred after the implementation of the
Union's Plan;
2. The City's Plan will not be responsible for paying
for services rendered for chronic or recurring
conditions including diabetes, allergies, etc.,
after the implementation of the Union's Plan;
-17-
8E--559.
i
3. After the implementation of the Union's Plan, the
City's Plan will not be liable for services for any
condition where no service for that condition was
incurred prior to the implementation of the Union's
Plan.
Upon request, the Union and its insurance plan administrator
shall permit the City to review any records related to the Union
health insurance plan, to the extent permitted by law.
The Union's plan shall provide health insurance benefits
that are reasonably comparable or better than those provided by
the City's plan.
The Union shall indemnify and hold the City harmless against
any claim, demand, suit, or liability and for all legal costs
arising in relation to the implementation or administration of
the Union's health insurance plan; except to the extent that the
City's acts or omissions give rise to its own liability.
17.4 The City reserves the exclusive right to set and amend
rates charged to unit employees who participate in the City's
plan and to modify benefits provided by the City Plan.
17.5 The Union agrees to enroll sworn management or
supervisory non -bargaining unit personnel in its plan if those
individuals elect such coverage under the same conditions and
limitations provided in 17.3.
7
19
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.
January 1, 1986 - 4%
October 1, 1986 - 3%
j Payment of the wage increase set forth above
shall be retroactive to the first full pay period following
January 1, 1986. However, the retroactive portion of the salary
increase shall only apply to regularly scheduled hours as the
straight time rate of pay and shall not include overtime hours or
plus items. Further, to receive the retroactive increase, an
i
i
employee must be on the regular payroll at the time of
s
i
ratification of this Agreement. In addition, acting assignments
worked prior to the date this Agreement is ratified by the
parties shall be compensated as the rate of pay existing prior to
the wage increase.
18.2 Those employees hired after the ratification of this
Agreement shall be hired at 5% 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" and "8".
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- 8E-559
i
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
i
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.
-20- 86."559
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 involunt.ary•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
i
employee's overtime rate provided by Article 20.
21.2 Any employee covered by this Agreement who is summoned
to appear as a witness, while off duty as a result of his direct
employment as a member of the Miami Fire Department, will be paid
four (4) hours minimum at one and one-half times his current
hourly rate, excluding travel time, for all such time, provided
that the Fire Chief is given prior notification so that he is
given an opportunity to schedule such appearance during regular
duty hours. In consideration of receiving overtime pay, employee
shall promptly assign to the City any witness or deposition fees
received, and mileage allowance, if any. This Article shall not
apply in legal disputes where one member of the bargaining unit
sues another member of the bargaining unit covered by this
Agreement.
ARTICLE 22
WORKIOG OUT OF CLASSIFICATION
22.1 The City agrees that any person covered by this
Agreement who is required to accept the full responsibilities and
carry out the duties of a rank above that which he normally holds
shall be paid at the hourly rate and one (1) step above his
current rate in his regular classification while so acting,
provided he works in that capacity for a minimum of six (6)
hours.
-21- 86-559'.
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
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
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 and Christmas will be
on January 1st, July 4th and December 25th, respectively.
t
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.
23.5 The Union agrees that in exchange for the extension of
time -and -one-half for work performed on a holiday, the member's
birthday shall be removed from the list of authorized holidays
appearing in Article 23 entitled "Holidays/Vacation/Sick Time".
In deleting the employee's birthday from Article 23, it is agreed
and understood that the employee is to receive his birthday off
-22-
86 -559'
U
A
or be entitled to ten (10) hours of "B" Birthday time if assigned
to a 24-hour shift or 8 hours if assigned to a 40-hour week. The
scheduling of the birthday off shall be mutually agreeable with
the affected employee and the Chief of the Fire Department or his
designee, but the birthday time flowing therefrom must be taken
off prior to the employee's next succeeding birthday.
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 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.
23.7 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
(5) 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
-23- 86--559,
vy
AT,
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 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.
23.10 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 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
EDUCATION
24.1 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.
24.2 The City agrees to pay full tuition for all courses
required for an Associate Degree in Fire Service Administration
and/or Fire Science Technology provided that prior approval is
obtained from the Chief of the Fire Department and provided that
the employee receives a
grade
of "C" or better.
Employees who
fail
to satisfactorily complete said
training courses in which they enrolled, shall reimburse the City
for tuition advanced in their behalf.
24.3 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.
24.4 Those employees attending classes paid for by the City
shall not draw supplemental educational benefits from any other
-24- 86 -559,
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.
24.5 Any member' of thR 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 obligation for time
expended by employees in attaining or maintaining a Paramedic
certification.
24.6 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.
6
ARTICLE 25
DEATH IN FAMILY
25.1 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.
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
-25- 86-559
41
{
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.
2t.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.
25.3 At the request of the employee, the Department
Director may authorize the use of accrued vacation or
compensatory leave.
25.4 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 26
PHYSICAL EXAMINATIONS
26.1 There shall be a physical examination for employees as
follows:
ti 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.
26.2 The schedule set forth in Section 26.1 and the content
of the present physical examination shall continue provided that
changes may be made by the Physical Fitness Committee subject to
approval by the Fire Chief.
26.3 In recognition of the adverse effects of smoking to
the health of Firefighters, the Physical Fitness Committee shall
develop recommendations to the Fire Chief as to the most
effective manner of eliminating this health hazard. Said
recommendations shall be made to the Fire Chief within six months
of the date of ratification of this Agreement.
v -26-
t
ARTICLE 27
LOSS OF EQUIPMENT
27.1 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 28
BLOOD DONORS
28.1 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 29
PHYSICAL FITNESS
29.1 The City and the Union, its officers, agents and
members recognize the rigors of a Firefighter's job. Therefore,
the physical fitness of the employees covered by this Agreement
is of great importance to the employees, citizens and the
Department.
29.2 There shall be adopted by Fire Department Rule an
official physical fitness program in which all employees covered
by this Agreement may participate. Such participation will
continue for the life of the program or the duration of this
Agreement.
29.3 Such physical fitness program will include components
of cardiovascular endurance, muscular strength and flexibility.
Upon adoption of the official Department Physical Fitness
Program, each bargaining unit member will have an individual
exercise prescription designed to assist him or her in attaining
and maintaining the physical fitness standards.
-27- 86-5591
1
29.4 There shall be a Physical Fitness Committee consisting
of three (3) bargaining unit members to be appointed by the Union
and three (3) management personnel to be appointed by the Fire
Chief= The Exercise Physiologist shall serve as advisor to the
Committee.
29.5 The Physical Fitness Committee shall, by consensus,
set the physical fitness standards for the employees covered by
this Agreement.
29.6 The City shall provide employees who are actively
participating in the program with a $50.00 per year allowance for
the purchase of approved physical fitness equipment. Provided,
however, that if an employee failed to maintain required physical
fitness standards at any time during the calendar year, he shall
remit this allowance to the City no later than December 31 of the
year in which he received the $50.00 allowance and forfeit his
entitlement under Article 26, Physical Examinations.
ARTICLE 30
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
30.1 In an effort to identify and eliminate on or off duty
controlled substance/alcohol abuse, urinalysis/blood tests shall
be administered as provided herein:
1) As part of a scheduled physical examination program as
provided in Article 26 of this Agreement.
2) 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, unlawful, mind -altering, or non -
physician 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,
-28- 86 -559'
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.
5) 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.
6) 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.
7) Employees shall 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
notification. Notice to the employee of the first test
being positive shall be considered to have been served
upon the employee by a representative of the
Department delivering a notice to the Employee's last
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
4
_. made under this section is not consistent with the criteria cited
-29- 86 558'
1P
1
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
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.
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:
1) The employee at his/her own cost will enter and remain
in a substance/alcohol program approved by the City
and the Union until the approved program administrator
is able to state that (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 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.
-a 2) The City may also retain the employe on payroll. If
suspended, the employee, if eligible, can use all of
his/her earned time, vacation time, and sick time, and
then W he will go off the payroll.
��. -30-
BVr�U
3) If the employee fails to complete the program, or
fails 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, 1986, the work week shall be as
follows: 24 hours on duty, 48 hours off duty. A day off, now
known as an "R" day, shall be granted once every seven (7)
scheduled tours. This schedule will effect a 48 hour work week.
Any changes in this schedule shall be subject to negotiations
between the parties.
31.2 An "R" day shall be defined as a regular day off as
scheduled by the Fire Chief or his designee and must be taken on
the day so designated. An employee may not have the choice to
substitute any other official accumulated time or any official
time as provided by the City of Miami unless approved by the Fire
Chief or Deputy Chief.
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 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
i that an immediate action is required. If the accused
r
is off duty at the time of the interrogation, the
r
s 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
—s duty, a commanding officer or a supervisor of the
accused shall be notified of the interrogation.
—, -31-
k
(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.
(e) Interrogations shall be for reasonable periods and
shall be timed to allow for such personal necessities
and rest period as are reasonably necessary.
(f) The accused shall not be subjected to abusive or
offensive language or threatened with transfer,
dismissal or other disciplinary actions. No promise,
reward or threat or action shall be made as an
inducement to answering any questions.
(g) The complete interrogation including when recesses are
taken shall be recorded, and there shall be no
unrecorded questions or statements.
(h) The accused shall not be obligated into giving a
second statement concerning the same facts elicited in
an original interrogation. This will not preclude an
investigator from asking questions at a 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.
86--559'
} -32-
S
I
(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.
32.2 The above shall not apply to investigations and review
of infractions of non -criminal City and Departmental Rules and
Regulations provided, however, any employee covered by this
Agreement who is disciplined as the result of the alleged
violation of City or Departmental Regulations, Rules or Policies
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
-33- 8E-559,
k
I
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 deemed
unauthorized and shall have no weight of authority in committing
or in any way obligating the City.
ARTICLE 35
REPRESENTATION OF THE UNION
35.1 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.
35.3 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.
-34- 8E-Jc-rJ9;
n
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
AGREEMENT IN THE EVENT OF TRANSFER
36.1 The City agrees that in the event of a transfer of the
Fire Department or its functions to Metropolitan Dade County, all
the rights and benefits of the transferred employees guaranteed
under this Agreement shall be continued for the term of this
Agreement.
ARTICLE 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 will meet, promptly, to negotiate replacement
language in accordance with Chapter 447, Part II, Florida
Statutes.
ARTICLE 38
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
`I
r,
1
collective bargaining negotiations in accordance with chapter
447, Part II, 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
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).
t
Section 5. City Contribution to COLA - The City will
i
contribute an amount up to one (1%) percent of payroll
i
(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
i.
from excess interest earnings of the Pension System determined at
the close of the fiscal year. The City contribution, if any, to
�S
the COLA after this three and one-half year period, shall be the
subject of collective bargaining negotiations. Beginning in FY
x
85-86, the City will no longer make the current special cost of
living appropriation from the general fund to retirees.
3
Section 6. COLA Distribution - The COLA account will be
t.
disbursed in future years consistent with the methods agreed upon
by the parties named herein.
Bf -559'
-36-
i
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.
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 said
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 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.
8E-559'
-37-
i
Section 10. Benefit Formula - The benefit formula upon
j
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
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. 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.
-38- 86--559.
r
4
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.
-39-
8f -SS8
Fiscal Year
83/84
84/85
85/86
86/87
87/88
88/89
89/90
90/91
91/92
92/93
93/94
and after
SCHEDULE A
SYSTEM CONTRIBUTION (In Millions)
Normal
Unfunded
4.9
4.5
5.7
5.0
6.0
5.3
6.3
5.6
6.6
5.8
7.0
6.1
7.3
6.4
7.7
6.8
8.1
7.1
8.5
7.5
*1
*2
Total
9.4
10.7
11.3
11.9
12.4
13.1
13.7
14.5
15.2
16.0
*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.
86-559
-40-
ARTICLE 39
TE1u` YNATION AND MODIFICATION
39.1 After a majority vote of those Union 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, 1985, except where
otherwise stipulated. This Agreement shall continue in force
until September 30, 1987.
39.2 On or before April 1, 1987, 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, 1987, 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, 1987, 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.
-41-
t Agreed to this day of , 1986, by
and between the respective parties through an authorized
jq{ representative or representatives of the Union and by the City
D� V
F. Manager.
�5e � •
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
AND CORRECTNESS
CITY ATTORNEY
Ir-FIIC
86-559.
APPENDIX "A"
EFFECTIVE JANUMY 5, 1986
Class,
Code
Number
Salary
Class Title Range
Step I
Step 2
Step 3
5305
Fire Fighter 24B
*25,126
26,416
27,789
5307
Fire Lieutenant 27B
29,141
30,597
32,094
5308
Fire Captain 30B
33,717
35,381
37,190
5309
Chief Fire officer 33B
39,021
40,976
43,056
*Firefighter/probationary
Salary:
23,962 (Step A)
(Entry level Firefighters
hired after ratification
of contract are paid 5%
less than
Step I until
successful completion of
Fire College.)
CA
CA
Step
29,141 30,597 32,094
33,717 35,381 37,190
39,021 40,976 43,056
45,219 47,424 49,816
Step 7
I' t
Longevity
(10 yrs.)
2nd
Longevity
- (15 yrs-)
33,717
35,381
37,190
39,021
40,976
43,056
45,219
47,424
49,816
52,354
54,995
57,699
" 'M
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Ia,.l�l ._1....�1.,. �i_i.._�..............,a..,`� `� .
1
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1
APPENDIX "B"
EFFECTIVE OCTOBER 12, 1986
1�
Class,
1st
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.)
(15 yrs.)
5305
Fire Fighter 24B
* 25,875
27,206
28,621
30,014
31,512
33,051
34,736
36,442
38,314
5307
Fire Lieutenant 27B
30,014
31,512
33,051
34,736
36,442
38,314
40,186
42,203
44,346
5308
Fire Captain 30B
34,736
36,442
38,314
40,186
42,203
44,346
46,571
48,838
51,314
5309
Chief Fire Officer 33B
40,186
42,203
44,346
46,571
48,838
51,314
53,934
56,638
59,426
*Firefighter/probationary
Salary:
24,690 (Step A)
(Entry level Firefighters
hired after ratification
of contract are paid 5%
less than
Step 1 until
successful completion of
Fire College.)