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HomeMy WebLinkAboutR-82-0106� M" RESOLUTION NO. 8 2 r 1 0 6 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO THE ATTACHED COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF MIAMI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587, FOR THE PERIOD OF OCTOBER 1, 1981 THROUGH SEPTEMBER 30, 1983. BE IT RESOLVED BY THE. COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into the attached Collective Bargaining Agreement between the City of Miami and the International Association of Firefighters, AFL-CIO, LOCAL 587, for the period of October 1, 1981 through September 30, 1983. PASSED AND ADOPTED this 11 day of FEBRUARY 1982. MAURICE A. FERRE M A Y 0 R ATTEST: RALP G. ONGIE TY CLERK PREPARED AND APPROVED BY: -= 7 Arl ROBERT F. CLAItK DEPUTY CITY ATTORNEY APPRq AS TO FORM AND CORRECTNESS: GEORCE �j: KNOX, JR. CITY ATAORNEY CITY COMMISSION MEETING OF, F E B 1 1 1982 RUDUMON No. v 2, 10 REMARKS: .........»» .............« AGREEMENT BETWEEN • CITY OF MIAMI, FLORIDA AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO LOCAL 587 OCTOBER 1, 1981 THROUGH SEPTEMBER 30, 1983 82-106 F- �Y fr /!§ TABLE OF CONTENTS ARTICLE PAGE ADDENDUM NO. I MEMO OF UNDERSTANDING - GRIEVANCE ARBITRATION 34 MEMO OF UNDERSTANDING - PENSION PLAN 35 AGREEMENT 33 AGREEMENT IN EVENT OF TRANSFER 35 31 APPENDIX "A" 36 APPENDIX "B" 37 APPENDIX "C" 38 BLOOD DONORS 28 25 BULLETIN BOARDS 11 8 CALL BACK PAY 21 20 DEATH IN FAMILY 25 24 DISCRIMINATION 4 4 EDUCATION 24 23 EMPLOYEE RIGHT TO REPRESENTATION 31 27 GRIEVANCE PROCEDURE 15 11 GROUP INSURANCE 17 16 HOLIDAYS/VACATION/SICK TIME 23 21 HOURS OF WORK 30 27 LINE OF DUTY INJURIES 12 8 LOSS OF EQUIPMENT 27 25 MANAGEMENT RIGHTS 6 5 NO STRIKE 2 1 NOTICES 8 6 OVERTIME 20 18 PARITY 19 18 PHYSICAL EXAMINATIONS 26 25 PHYSICAL FITNESS 29 26 PREVAILING BENEFITS 5 5 RECOGNITION 1 1 REPRESENTATION OF THE CITY 33 30 REPRESENTATION OF THE UNION 34 30 SAFETY COMMITTEE 13 9 SAFETY SHOES 16 16 SAVINGS PROVISION 36 31 SHIFT EXCHANGE 9 6 SPECIAL MEETINGS 14 10 TERMINATION AND MODIFICATION 37 31 TOTAL AGREEMENT 32 29 UNION BUSINESS 3 2 UNION REPRESENTATIVES 7 6 VACANCIES - PROMOTIONS 10 7 WAGES 18 17 WORKING OUT OF CLASSIFICATION 22 20 ,82M���, 4W V AGREEMENT THIS AGREEMENT is entered into by the CITY OF MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the City, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #587, hereinafter referred to as the Union. It is the intention of this Agreement to provide for wages, fringe benefits and other terms and conditions of employment. It is further the intention of this Agreement to prevent interrup- tion 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 Lieuten- ant, 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 and Battalion 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 resigna- tions, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their du- ties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the ser- vices of the City, or picketing in furtherance of a work stoppage either during the term of the Collective Bargaining Agreement or after the expiration of a Collective Bargaining Agreement. 2.2 Neither the Union, nor any of its officers or agents, nor members covered by this Agreement, nor any other employees f t 7 AGREEMENT THIS AGREEMENT is entered into by the CITY OF MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the City, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #587, hereinafter referred to as the Union. It is the intention of this Agreement to provide for wages, fringe benefits and other terms and conditions of employment. It is further the intention of this Agreement to prevent interrup- tion 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 Lieuten- ant, 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 and Battalion 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 resigna- tions, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their du- ties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the ser- vices of the City, or picketing in furtherance of a work stoppage either during the term of the Collective Bargaining Agreement or after the expiration of a Collective Bargaining Agreement. 2.2 Neither the Union, nor any of its officers or agents, nor members covered by this Agreement, nor any other employees -1- 82-10r, covered by this Agreement, will instigate, promote, sponsor, or ' engage in any strike, sympathy strike, slowdown, concerted stop- page 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 shall fill out the appropriate form as provided by the City. This form shall be processed through channels of the em- ployee who is to use the pool time. The form must be processed so that a copy shall be in the Office of the Fire Chief a minimum of seven (7) calendar days prior to the time the employee has been authorized to use the pool time. It is understood on rare occasions the seven (7) day time limit may not be met. The President then shall forward a detailed explanation to the Fire Chief as to why the seven (7) day rule wasn't met. Failure to file this properly completed pool time usage form within seven (7) days or failure to file a satisfactory explanation with the Fire Chief as to why the seven (7) day time limit wasn't met, shall result in the employee not being paid for all such time requested. 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. -2- 82-106 3.4 Employee *cganizat ion Time Pool houtowil l be used on an hour for hour basis, regardless of the hourly rate of the em- ployee 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) 3.5 Any injury received or any accident incurred by an em- ployee whose time is being paid for by the Employee Organization Time Pool, qr while engaged in activities paid for by the Em- ployee 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. 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 qualifica- tions are met by the Employee Organization: (a) The Local 587 President will reasonably be avail- able at the Local 587 Office currently located at 2980 N.W. South River Drive, Miami, Florida, 33125, for consultation with the Management of the city. (b) The Employee Organization President shall be the only Bargaining Unit representative released on "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 -3- 82-106 holidays will be charged to the President's em- S14 ployee 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 em- ployee on pool time to the regular disciplinary processes cur- rently 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 compensatory time and/or 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 lia- bility to pay for compensatory time or 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 discrimi- nated 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 Affirma- tive Action Programs and any other similar affirmative action -4- 82-106 0 41 programs affectinglFire Department personnel which may be devel- oped 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 re- quired for the Fire service or other such programs which are consistent with applicable law. ARTICLE 5 PREVAILING BENEFITS 5.1 Job benefits heretofore authorized by the City Manager, continuously enjoyed by all employees covered by this Agreement and not specifically provided for or abridged by this Agreement, shall continue upon the conditions by which they had been previ- ously 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 bene- fits 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 -5- 82-106 transfer of employees; determination of the mibsion and objective of the Fire Department; determination of the methods, means, and number of personnel needed to carry out the Fire Department's missions and objectives; introduction of new or improved methods or facilities; and scheduling of operation and shifts. ARTICLE 7 UNION REPRESENTATIVES 7.1 Representatives of the Union who are not employees of the City shall be certified in writing to the City Manager. Certified representatives may be allowed to meet with individual employees on City property during working hours to carry on nor- mal business of the Union, if the Fire Chief has prior knowledge of such activity and such visitation does not interfere with ef- ficient 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 dis- tributed 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 Rela- tions 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 in- cluding "R" days. B) He may be owed up to three (3) shifts at any one time including "R" days. -6- 82 - 1 06 rj v,. C) Employees may exchange time but in no event will an ex- change of time result in the employee working in excess of two consecutive tours of duty. 9.2 In the event the Fire Department Rules and Regulations are revised, such revision will be discussed on an informational basis with the Union prior to implementation of the revised rules and regulations. 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 de - Glared by the City Manager or the position is abolished. 10.3 The Department of Human Resources will keep the members of the bargaining unit covered by this Agreement advised as to promotional opportunities to positions within Article 1 - Recog- n it ion. 10.4 Further, the Human Resources 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 Human Resources Department for testing pur- poses. The Human Resources Department and the Book Review Com- mittee 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 Human Resources Department, but should not be binding on its usage by the Human Resources Department. -7- �3ti - 1 06 10.6 Any changles to be made in the proce^sires for filling vacant and/or promotional positions shall be discussed with the Union prior to the implementation of such change. ARTICLE 11 BULLETIN BOARDS 11.1 The City shall furnish at each Fire station, Fire Pre- vention 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 no- tice 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 who is disabled as a result of any accident, injury or illness incurred in line of duty shall be granted supplementary salary of which a part thereof is Workmen's Compensation as pro- vided 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 Work- mm 82-I06 men's Compensation concerning any controversfarising 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, Office of Work- men'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 re- couped from the employee's current salary by way of payroll de- ductions, 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 at- torney 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. ARTICLE 13 SAFETY COMMITTEE 13.1 There shall be a Safety Committee in the City of Miami Fire Department which shall consist of six (6) members. Three (3) members shall be appointed by the Union and three (3) 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. -9- S ti y V S�r 13.3 The purp6se of these meetings will fe�to discuss prob- lems 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 bar- gaining 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 re- quested by a member of the Committee. 13.5 Agended issues and subsequent discussions on the sub- ject of safety and health shall not limit or preclude the right of the Union to seek enforcement of safety requirements under the Occupational Safety and Health Act, if applicable. ARTICLE 14 SPECIAL MEETINGS 14.1 The City and the Union agree to meet and confer on matters of interest upon the written request of either party. The written request shall state the nature of the matters to be discussed and the reason(s) for requesting the meeting. Discus- sion 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 re- quest 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 meet- ings will be paid by the City for time spent in special meetings if on duty, but only for the straight time hours they would IN -10- 82-106 otherwise have wo,.d on their regular work stl,fedule. 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 in- terpretation 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 that a question concerning supplemental salary may properly be processed as set forth in the Article entitled "Line of Duty In- juries." 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 re- quired 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 -11- 8ti-10(i 4 denied the use of n e Grievance Procedure forke 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 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 Proce- dure, within the time limits provided for the submis- sion 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 mu- tual agreement in writing. Any grievance not processed by the Union in accordance with the time limits provi- -12- 8 2- 1 0 6 O E ded in each step of the Article sha� 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 Griev- ance, 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 Deputy Chief concerned within forty (40) calendar days from the date the Step 1 answer was given to the grievant or the Union. The Deputy 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 Deputy 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 Commit- tee's decision. If the Union decides not to advance the grievance, the grievant must submit a written grievance to the appropriate Deputy 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 -13- 82 06 without intervention of the barining 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 oppor- tunity to be present at any meeting between the grievant and the City representatives for the resolu- tion of said grievance. All of the above must be con- sistent 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 Fire Chief within seven (7) working days from the time the response was due in Step 2. The Fire Chief, or his designee, shall meet with the Union rep- resentative and shall respond in writing to the Union within seven (7) working days from receipt of the appeal. Step 4. If the Grievance has not been satisfactorily resolved in Step 3, 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 3. 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 5. If the Grievance has not been satisfactorily resolved at the Step 4 level of the Grievance Proce- dure, 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) work- ing days after the City Manager's response is due in Step 4 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 Federal Mediation and Conciliation Service. -14- 8 2- 1 0 6 4 15.8 The arbitration shall be conducted Oder the rules set forth in the Memo of Understanding on this subject which shall be a part of this Agreement. Subject to the following, the Arbi- trator shall have jurisdiction and authority to decide a griev- ance 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 agree- ment not to be subject to arbitration or which is not a grievance as defined in this Agreement, or which is not specifically cov- ered 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 ex- isting. 15.10 It is contemplated that the City and the Union mutu- ally 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 specif- ied. When the parties are unable to agree, the Arbitrator shall decide the issue or issues to be arbitrated. 15.11 Each party shall bear the expense of its own witnesses and of its own representatives. The parties shall bear equally the expense of the impartial arbitrator. The party desiring a transcript of the hearing will bear the cost of same. 15.12 Copies of the award of the arbitration made in accor- dance 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. -15- ���" 6 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 De- partmental approved safety shoes. 16.2 In fiscal year 1981-1982, the City shall make employees whole up to$30 for the purchase of an initial pair of safety shoes or the replacement of same due to wear and tear or acci- dental destruction. In fiscal year 1982-1983, the reimbursement shall be up to $38. 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 100% of the current life insur- ance coverage now enjoyed by the members of the Bargaining Unit. 17.2 Group health insurance coverage for the employee will continue at the current benefit level including unlimited major medical coverage. This current premium and any increase or de- crease in this premium will be shared on the basis of 80% paid by the City and 20% paid by the employee. 17.3 Effective December 1, 1981, the City agrees to pay $18.00 per pay period toward the dependent health coverage upon ratification of this Agreement. Any increase or decrease in the -16- 82-106 dependent health Or*� e premium will be shared a percentage basis of what the employer pays and what the employee pays. Effective November 1, 1982, the City will pay $21.00 per pay period toward the dependent health coverage where the employee elects to take the dependent coverage, and any in- crease or decrease in the dependent health care premium will be shared on a percentage basis of what the employer currently pays and what the employee currently pays. Group health insurance coverage for the employee will continue at the current benefit level. The current premium and any increase or decrease in the premium will be shared on the current basis of eighty (80%) percent paid by the City and twenty (20%) percent paid by the employee. The provisions of this Article shall only apply to full time bargaining unit employees. 17.4 The level of health coverage provided for in the pre- vious Agreement plus any subsequently agreed upon improvements shall be maintained during the life of this Agreement. The City will compile an insurance benefits booklet including any agreed to changes. The booklet may not be used to increase or decrease the existing level of coverage. Conversely, the Union agrees its Agents and members will not grieve the language of the booklet. ARTICLE 18 WAGES 18.1 The City agrees to adjust the wage rate for all em- ployees in accordance with the following schedule, with each ad- justment to be effective on the first day of the first full pay period following the date indicated: October 1, 1981 10% April 1, 1982 2% October 1, 1982 10% 18.2 A Step 7, as shown in Appendix A, B, and C of this Agreement shall be added to the pay plan. Employees who were at the first or second longevity step as of September 30, 1981 shall have their pay increased by 5% concurrent with the October 4, 1981 across the board increase. Employees who have been at Step -17- 82-106 6 for more than one year as of September 30, 1 shall be ad- vanced to Step 7 concurrent with the October 4, 1981 across the board increase. Employees who have been at Step 6 for less than one year as of September 30, 1981 shall advance to Step 7 in ac- cordance with the rules applicable to anniversary increases. 18.3 Payment of the wage increase set forth in this Article shall be retroactive to October 4, 1981. However, acting as- signments worked prior to the date this Agreement is signed by the City Manager and the Union shall be computed at the rate of pay existing prior to the wage increase. ARTICLE 19 PARITY 19.1 The monthly rates paid employees covered by this Agreement shall be not less than the monthly rates paid compara- ble ranks of the Miami Police Department. The comparable ranks are as follows: Firefighter - Police Officer Fire Lieutenant - Police Sergeant Fire Captain - Police Lieutenant Chief Fire Officer - Police Captain 19.2 It is clearly understood that parity extends only to wages between the foregoing classifications of employment and that wages are those that are identified by the official City of Miami Pay Plan. It is further agreed and understood that parity exists exclusively with wages and does not include other terms and conditions of employment. ARTICLE 20 OVERTIME 20.1 All work performed in excess of an employee's normal work day and in excess of an employee's normal work week shall be considered overtime work. Employees performing overtime work shall be paid at the rate of time and one-half at their straight time hourly rate of pay. -18- 8 2- 1 0 6 20.2 Effective' upon ratification of thisAgreement 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 compen- satory time up to a maximum of 200 hours. Prior to No- vember 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 1983 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 sub- ject to any grievance procedure. 20.3 within ninety (90) days of ratification of this Agree- ment, employees will be paid for 50% of their unused compensatory time which exists as of the date this Agreement is ratified by the City. Payment shall be at the straight time rate earned by the employee as of October 4, 1981 except as provided in Section 20.4. The balance of all unused compensatory time earned shall be paid off on the first pay day in December, 1982, except that up to 48 hours may be carried over for use in the next calendar year as set forth in Section 20.2 20.4 Any employee who as of October 1, 1973 had more than two hundred (200) hours of banked earned time and who failed to reduce his banked time to two hundred (200) hours of time, shall be paid according to the following formula: a) Those hours in excess of the 200 hour cap shall be paid at his hourly rate earned as of September 30, 1973. The balance will be paid at the individual current hourly rate. -19- 82-106 20.5 The partlAs agree that overtime hou&,-W shall not be used in the computation of arriving at average earnings for purposes of establishing pension benefits. 20.6 The parties agree that assignments of overtime work shall rest solely with the Department Head. 20.7 The parties agree that the assignment of overtime work is on an involuntary basis and any employee refusing assignments of such work is subject to disciplinary action as deemed appro- priate by the Department Director. ARTICLE 21 CALL BACK PAY 21.1 All employees covered by the terms of this Agreement who are called back to work while off duty shall be paid at least three (3) hours minimum, plus one (1) hour's travel time, at the employee's overtime rate provided by Article 20. 21.2 Any employee covered by this Agreement who is summoned to appear as a witness, while off duty as a result of his direct employment as a member of the Miami Fire Department, will be paid four (4) hours minimum at one and one-half times his current hourly rate, excluding travel time, for all such time, provided that the Fire Chief is given prior notification so that he is given an opportunity to schedule such appearance during regular duty hours. In consideration of receiving overtime pay, employee shall promtly 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 Agree- ment 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 cur- rent rate in his regular classification while so acting, provided he works in that capacity for a minimum of six (6) hours. -20- 1 8 2- 1 0 9 22.2 The FireMt'_'hief or his designee may-*? his sole discre- tion select the best qualified employee to serve in a classifi- cation higher than the classification in which he has Civil Ser- vice status. The employee will serve in this capacity for such periods of time as best suits the needs of the Fire Department as determined by the Fire Chief or his designee. ARTICLE 23 HOLIDAYS/VACATION/SICK TIME 23.1 The following days shall be considered holidays: New Year's Day Columbus Day Washington's Birthday Veterans Day Memorial Day Thanksgiving Day i Independence Day Day After Thanksgiving ! Labor Day 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. 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 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 -21- 8 2- 1 0 6 ow scheduling of the birthday off shall be mutuap 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 cal- culated as one-half of the actual time worked. An employee who works an eight (8) hour shift on which the holiday occurs, shall receive fout (4) additional hours as premium pay; an employee who works a sixteen (16) hour shift on a given holiday shall receive eight (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; pre- mium 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 va- cation. 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 up to a maximum of twelve hundred (1200) hours provided, however, any employee who as of November 14, 1978 had accumulated sick -22- 82-106 scheduling of the birthday off shall be mutua —y 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 cal- culated as one-half of the actual time worked. An employee who works an eight (8) hour shift on which the holiday occurs, shall receive fout (4) additional hours as premium pay; an employee who works a sixteen (16) hour shift on a given holiday shall receive eight (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; pre- mium 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 va- cation. 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 up to a maximum of twelve hundred (1200) hours provided, however, any employee who as of November 14, 1978 had accumulated sick -22- 82-106 leave in excess of twelve hundred (1200) hours, shall upon re- tirement 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 Ar- ticle who retire after the effective date of this Agreement, shall be paid for all unused sick leave up to a maximum of nine hundred (900) hours, provided however, any employee who as of the effective date of this agreement 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 the effective date of this Agreement. 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. 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 source. Should the employee wish to apply to receive supplemen- tal educational benefits, i.e., G.I. Bill, he or she will not receive educational payments from the City. 24.5 Any member of the bargaining unit who has a current and valid Paramedic certification from the State of Florida and -23- O 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 ex- pended by employees in attaining or maintaining a Paramedic cer- tification. 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, chil- dren, 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 em- ployee'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 Human Re- sources 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 "V day will be subject to disciplinary action up to and including dismissal. 25.2 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. -24- 8 2- 1 0 6 25.4 Employee on twenty-four hour tour 00� 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 : 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 Fire Chief after consultation with the Physical Fitness Committee and the Exercise Physiologist. 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 John Elliott Community Blood Center) will be authorized the absence necessary to accomplish this purpose. The Blood Donor Organiza- tion'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. -25- 82-106 ARTICLE 29 OW PHYSICAL FITNESS 29.1 The City and the Union, its officers, agents and mem- bers 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 of- ficial 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 Pro- gram, each bargaining unit member will have an individual exer- cise prescription designed to assist him or her in attaining and maintaining the physical fitness standards. 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 par- ticipating 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. -26- 82-10(; ARTICLE 30 HOURS OF WORK 30.1 The work week shall be as follows: 24 hours on duty, 48 hours off duty. A day off, now known as an "R" day, shall be granted once every nine (9) scheduled days. This schedule will effect a 49.8 work week. 30.2 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 31 EMPLOYEE RIGHT TO REPRESENTATION 31.1 Where an investigation is initiated by the Management of the City of Miami Fire Department against an employee covered by this Agreement concerning criminal charges and where a formal statement under oath is elicited from the accused employee, the interrogation shall be conducted under the following conditions: (a) The interrogation shall be conducted at a reasonable hour, preferably while the accused is on duty, unless the seriousness of the investigation is of such degree that an immediate action is required. If the accused is off duty at the time of the interrogation, the accused shall be entitled to overtime. However, if he or she is eventually found guilty of the charges through the ap- plicable 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 Depart- ment, 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 con- -27- 82-106 ducted at either the investigative a` ncy'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 in- vestigation 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 offen- sive language or threatened with transfer, dismissal or other disciplinary actions. No promise, reward or threat or action shall be made as an inducement to an- swering any questions. (g) The complete interrogation including when recesses are taken shall be recorded, and there shall be no unre- corded questions or statements. (h) The accused shall not be obligated into giving a second statement concerning the same facts elicited in an original interrogation. This will not preclude an investigator from asking questions at a later time that were not covered by the first statement. (i) No mechanical device, including, but not limited to, polygraph, psychological stress evaluator, et al., shall be forced onto an accused, nor shall disciplinary action be taken against an accused who refuses to submit to such testing. (j) If the accused is under arrest, or is likely to be arrested as a result of the interrogation, he shall be fully informed of his or her legal rights prior to any interrogation. -28- 82-106 (k) At the request of the accused, he or she shall have the right to be represented by counsel or any other repre- sentative of his or her choice during the entire interrogation. (1) Where an attorney or employee representative is re- quested 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. 31.2 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 viola- tion 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 de- scribed 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 32 TOTAL AGREEMENT 32.1 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. -29- 82--eos ARTICLE 33 REPRESENTATION OF THE CITY 33.1 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. 33.2 It is understood that the City representative or rep- resentatives 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 un- authorized and shall have no weight of authority in committing or in any way obligating the City. ARTICLE 34 REPRESENTATION OF THE UNION 34.1 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. 34.2 The President of the Union, or the person or persons designated by said President, shall have full authority to con- clude a collective bargaining agreement on behalf of the Union subject to a majority vote of those Union members voting on the question of ratification. 34.3 It is understood that the Union representative or rep- resentatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations en- tered into with persons other than those as defined herein, re- gardless 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. -30- 3ti - I - 0 6 34.4 It shall be the responsiblity of the inion 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 35 AGREEMENT IN THE EVENT OF TRANSFER 35.1 The City agrees that in the event of a transfer of the Fire Departmnet 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 36 SAVINGS PROVISION 36.1 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 re- mainder of the Agreement shall remain in full force and effect. ARTICLE 37 TERMINATION AND MODIFICATION 37.1 After a majority vote of those Union members voting on the question of ratification, and thereafter upon its ratifica- tion 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 Man- ager, shall become effective October 1, 1981, except where otherwise stipulated. This Agreement shall continue in force until September 30, 1983. 37.2 On or before April 1, 1983, 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 pro- posals. -31- 370 On or before April 1, 1983, the City shall present the Union with a list of proposals it desires to negotiate together with specific language describing its proposals. 37.4 Initial discussions shall thereafter and no later than May 1, 1983, be entered into by the City and the Union. 37.5 Such discussions shall be concluded by the signing of a proposed agreement pursuant to Florida law. -32- 82-106 Agreed to this day of , 1982, by and' between the respective parties through an authorized repre- sentative or representatives of the Union and by the City Manag- er. i I ATTEST: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL 587 i i i ATTEST: ON THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA CITY CLERK APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY -33- ADDENDUM NO. I (2 Pages) MEMORANDUM OF UNDERSTANDING CONCERNING RULES FOR GRIEVANCE ARBITRATION The Arbitrator selected by the parties shall be bound by the American Arbitration Association Voluntary Labor Arbitration Rules amended January 1, 1979. Said rules shall apply, except that Rules I, 2, 3, 4, 5, 6, 7b, 8, 9, 12, 14, 15, 16, 21, 25, 42, and 43 shall not be applicable or utilized by the Arbitrator. (Page 1 of Addendum No. I) -34- 8 2. 1 U 6 MEMORANDUM OF UNDERSTANDING PENSION PLAN The parties agree that a Committee of eight (8): two (2) representatives of the Police Union, two (2) representatives of the Firefighter Union and four (4) representatives of the City, will meet to review certain areas of the Pension Plan. Since the question of ;Pension negotiability is currently under litigation, the parties recognize the Florida Supreme Court may limit or eliminate negotiation of Pension questions, thereby restricting or eliminating the Committee's recommendations. In the interim, the Committee will examine the normal re- tirement age, disability retirements, survivor benefits, and such other facets of the Plan that the Committee members deem appro- priate for review. It is understood by the parties that any im- provements to the Plan will be funded by increased employee con- tributions and/or savings realized by modifications of the Plan. The Committee will discuss their concepts with the Pension Plan Board and will request the Board to advance sufficient funds for actuarial review as the Committee deems necessary. The Pension Board will subsequently receive from the Com- mittee a written recommendation for changes, if any, in the Pen- sion Plan. (Page 2 of Addendum No. I) -35- S 21 - 1 0 6 APPENDIX "A" EFFECTIVE OCTOBER 4, 1981 Class, Code Number Class Title Salary Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 1st Longev- ity (10 Yrs.) 2nd Longev- ity (15 Yrs.) i�05 Fire Fighter 24U 18,429 19,344 20,342 21,341 22,422 23,525 24,710 25,938 27,227 5307 Fire Lieutenant 27U 21,341 22,422 23,525 24,710 25,938 27,227 28,600 30,014 31,533 5308 Fire Captain 30U 24,710 25,938 27,227 28,600 30,014 31,533 33,114 34,757 36,504 5309 Chief Fire Officer 33U 28,600 30,014 31,533 33,114 34,757 36,504 38,355 40,269 42,286 APPENDIX "B" EFFECTIVE APRIL 4, 1982 Class, Code Salary 1st Lon ev- Number Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 ity (10 Yrs.) 5305 Fire Fighter 24U 5307 Fire Lieutenant 27U 5308 Fire Captain 30U 5309 Chief Fire Officer 33U 18,803 19,739 20,758 21,778 22,880 24,003 25,210 26,458 21,778 22,880 24,003 25,210 26,458 27,768 29,182 30,618 25,210 26,458 27,768 29,182 30,618 32,157 33,779 35,443 29,182 30,618 32,157 33,779 35,443 37,232 39,125 410080 2nd Longev- ity (15 Yrs.) 27,768 32,157 37, 232 43,139 1� M 1 APPENDIX "C" EFFECTIVE OCTOBER 3, 1982 CD 0 00 Class, Code Number Class Title Salary Ranve Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 lst Longev- ity (10 Yrs.) 2nd Longev- ity (15 Yrs.) it_ 5305 Fire Fighter 24U 20,675 21,715 22,838 23,962 25,168 26,395 27,726 29,099 30,555 5307 Fire Lieutenant 27U 23,962 25,168 26,395 27,726 29,099 30,555 32,094 33,675 35,381 5308 Fire Captain 30U 27,726 29,099 30,555 32,094 33,675 35,381 37,149 38,979 40,955 i 5309 Chief Fire Officer 33U 32,094 33,675 35,381 37,149 380979 40,955 43,035 450,198 00 47,445 , i f.