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HomeMy WebLinkAboutR-78-0683• RESOLUTION No, 7 8 6 8 3 A RESOLUTION AUTHORIZING THE CITY MANAGER tO ENTER INTO A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, LOCAL NO. 587, FOR THE PERIOD OF OCTOBER 1, 1978 THROUGH SEPTEMBER 30, 1981, UPON ITS RATIFICATION AND SUBJECT TO THE TERMS AND CONDITIONS OF SUCH AGREEMENT AS SET FORTH IN THE ATTACHED COPY THEREOF, 11 BtBOLVtb BY THt COMMISSION OF THE CITY OF. Wank: Section 1. The City Manager is hereby authorized enter into a collective bargaining agreement by and etween the City of Miami and the employee organization nown as the International Association of Firefighters, FL -CIO, Local No. 587, for the period of October 1, 1978, through September 30, 1981, as set forth in the copy attached hereto. operative of a notice The aforesaid authorization shall not be unless and until the City Manager is in receipt of ratification by the employee organization the terms of this Agreement. PASSED AND ADOPTED this 9 day o "SUPPORTIVE DOCUMENTS FOLLOW" (52/ RALPC. ONGIE, CITY CLERK PREPARED AND APPROVED BY: NOVEMBER MAURICE A. FERRE MAURICE A. FERRE, JOSE B, ALVAREZ, DEBUT CITY 'ATTORNEY APPRO g) AS TO FORM AND CORRECTNESS: • MAYOR "DOCUMENT Irrikx ITEM NO. " CITY COMMISSION MEETING OF NOV 1978 kesaumori No. 7 - 8 ..•• === RElkodda L. -44 ••• • •••• • • ***** .011 ••• nnnI■■ i iiiiii !ill milliN111111111111111111 111111111111111111111111111111111111111111111111111111111 AGREEMENT BETWEEN CITY OF MIAAMI MIAMI FLORIDA AND INTERNATIONAL ASSOCIATION OF FIREFIGIITERS, AFL-CIO LOCAL NO. 587 10-1-78 - 9-30-81 "SUPPORTIVE DOCUMENTS FOLLOW" 111 11111111111 TABLE OF CONTENTS AGttEFMENT AGREEMENT IN TIIE EVENT Oi' TtA:gsFnR BULLETIN BOARDS CALL BACK PAY DISCRIMINATION EDUCATION EMPLOYEE RIGHT TO REPRESENTATION GRIEVANCE PROCEDURE GROUP INSURANCE HOLIDAYS/VACATION/SICK TI►1E HOURS OF WORK LINE OF DUTY INJURIES MANAGEMENT RIGHTS y= UNDERSTANDING v `` MEMO OF NO STRIKE NOTICES OVERTIME PARITY PREVAILING BENEFITS RECOGNITION REPRESENTATION OF THE CITY REPRESENTATION OF THE UNION SAFETY COMMITTEE SAFETY SHOES SAVINGS PROVISION SI-IIFT EXCHANGE SPECIAL MEETINGS TERMINATION AND MODIFICATION TOTAL AGREEMENT UNION BUSINESS UNION REPRESENTATIVES VACANCIES - PROMOTIONS WAGES WORKING OUT OF CLASSIFICATION.:.,:,;'';, APPENDIX "A" <:{ APPENDIX B APPENDIX "C" ARTICLE # AGREEMENT tf8 AGREEMENT is entered into by the CITY OF MIAMI, FLORIDA A MUhicipal corporation, hereinafter referred to as the city, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 587, herein., after referred to as the Union. It is the intention of this Agreement to provide for salaries, fringe benefits and other terms and conditions of employment. It is further the intention of this Agreement to prevent interruption of work and interference with efficient operation of the City of Miami and to provide for an orderly, prompt and just manner of handling grievances. ARTICLE 1 RECOGNITION hereby recognizes the Union as the sole and ex clusive 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, Assis- tant Fire Chief, Director of Training, Chief of Fire Prevention, Chief of Rescue and Battalion Chief. ARTICLE 2 NO STRIKE "Strike" means the concerted failure "SUPPORTIVE DOCUMENTS FOLLOW" to report for duty, concerted absence of employees from their positions, the con- certed stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of employ - from the full and faithful performance of their duties of employ- ees ment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, or pick- eting in furtherance of a work stoppage during the term of the Col- lective Bargaining Agreement. 2.2 Neither the Union, nor any of its officers or agents, nor members covered by this Agreement,, nor any other employees covered by this Agreement, will instigate, promote, sponsor, or engage in any strike, sympathy strike, slowdown, concerted stoppage of work, picket- ing in support of a work stoppage, or any other activity which pro- hibits an employee from reporting for duty, ARTICLE 3 UNION BUSINESS Employees elected to Union office shall be crafted tiMe 60 loss of pay to perform the following Union functions, International Association of Firefighters Convention, Four (4) persons for three (3) shifts biannually, All Civil Service Board Meetings and hearings. One (1) person. (Would normally require time off every third week.) City of Miami Retirement Board Meeting. One (1) person. (Retirement Board normally meets the first Friday of every Month. ) The Union President or his designee may attend City of Miami Commission Meetings. (All regular, special and budget.) (Commission normally meets every second and fourth Thursday.) Up to four (4) members of the negotiating team shall allowed time off for all meetings which shall be mutually set by City and the Union. 3.3 There shall be created a pool of time to be known as the Union time pool and each employee shall be allowed to voluntarily con- tribute twelve (12) hours of vacation and/or earned time annually to such pool for the use of the Union President or his designee. 3.4 The time pool shall be administered by rules established by mutual consent between the Fire Chief and the Union President. 3.5 It is agreed that any injury received or accident incurred by an employee whose time is being paid for by the Union time pool, or while engaged in activities paid for by the Union time pool, shall not be considered to have sustained 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 of Miami within the meaning of Chapter 440, Florida Statutes as amended. IzTIcT,r 4 iiSUP's►;;d;,POR SUPPORTIVE G DISCRIMINATION DOCUMENTS S No employee covered by this AgreemL'1JW discriminated gainst with regard to any job benefits or other conditions of employ - newt accruing from this Agreement because of race, creed, national origin,, union membership or sex, 78•6S3 ■ i• MI Akk 4 2 All reference in this Agreement to employees of the male gefder ate 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 af. fecting 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 pro- grams and any mandates of a court of proper jurisdiction that are de- signed to bring minority candidates up to the standard required for the Eire service or other such programs which are consistent with applicable ARTICLE 5 PREVAILING BENEFITS b benefits heretofore authorized by the City Manager,'con- tinuously 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 em- ployee 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 spe- cifically 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 ARTICLE 6 MANAGEMENT RIGHTS laws'`SUPP ORTIVE DOCUMENTS FOLLOW" understood and agreed that the City possesses the sole operate the Fire Department and that all management rights are expressly reserved to the City of Miami, but that such rights must be Ilk i0:2 This provision sh li not apply when a freeze is declared the City Manager or the position is abolished, ARTICLE 11 BULLETIN BOARDS The city+ shall furnish at each Fire station, t'ire Pro ention Bureau; Fire College and Fire Operations Information Center space for bulletin boards for the purpose of Union notices. Material posted will be subject to review before posting by the Fire Chief or designee. Any notice or item 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 announce- ments which violate the provisions of this Article shall be posted. 11.3 Notices submitted for posting must be dated and bear the signature of the Union President or his authorized representative. ARTICLE 12 LINE OF DUTY INJURIES The City agrees to pay all medical and hospitalization ex- penses 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 con- tract who is disabled as a result of an accident, injury or illness incurred in line of duty shall be granted supplementary salary of which 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, con- cer.ning any controversy arising out of the declared compensable acci- dent, then the supplementary salary, as provided by Resolution No. 39602, shall cease, 5 r. "SUPPORTIVE L3CUMENTS FOLLO' „ 7S 683 ekefcised consistent :with the provisions of this Agreement, These fights 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, ARTICLE 7 UNION REPRESENTATIVES 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 The City agrees to make available to the President of the Union the following notices or bulletins: City Commission Agenda Budget Estimate as distributed by the City Manager to the 'city Commis- sion --which shall include the Fire Department estimate; and all other notices, bulletins or material which affect the terms and conditions of employment of those employees covered by this Collective Bargaining Agreement. ARTICLE 9 SHIFT EXCHANGE Employees shall have the right to of the Fire Chief or his designee. ARTICLE 10 VACAANCIES - PROMOTIONS classified permanent promotional vacancy occurs in position it shall be filled within a reasonable period of time after the official severance of the vacating Fire Department member. Tilling of all vacancies shall be in accordance with the Civil Service Rules and Regulations, -4- 4 10 2 This provision shall not apply when a freeze is declared the City Manager or the position is abolished, ARTICLE 11 BULLIETI1 BOARDS The City shall furnish at each Fire station, Fire PteVention UtedUt Fire College and Fire Operations Information Center space for bulletin boards for the purpose of Union notices. Material posted will be subject to review before posting by the Fire Chief or designee. Any notice or item 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 announce- ments which violate the provisions of this Article shall be posted. 11.3 Notices submitted for posting must be dated and bear the signature of the Union President or his authorized representative. ARTICLE 12 LINE OF DUTY INJURIES The City agrees to pay all medical and hospitalization ex- penses 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 con- tract who is disabled as a result of an accident, injury or illness incurred in line of duty shall be granted supplementary salary of which 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, con- cerning any controversy arising out of the declared compensable acci- dent, then the supplementary salary, as provided by Resolution No. 39802, $hall cease, "SUPPORTIVE CCU M ENTS F OLLO ''P 78-683 -I --ooinnin IIIIIIIIuIUIIIIIIIIuIIIIIII IIIII■II�I����I��������������� 12,4 In the event that litigation is filed by an employee fol.. .owing his return to work without having first met with and discussed With personnel of the City of Miatni, Office of Workmen's Compensation, concerning any controversy arising out of his declared compensable ac- cident, it is agreed between the parties that the previously described supplementary salary shall be recouped from the employee's current sal- ary by way of payroll deductions, the extent of subsequent payroll de- ductions shall not exceed 25;• of the gross pay per pay period. If the Office of Workmen's Compensation does not resolve any controversy aris- ing out of a compensable injury to the satisfaction of the injured em- ployee, then the supplemental salary as provided by Resolution No. 39802 shall not be jeopardized if litigation is subsequently filed by the em- ployee. 12.5 In the event an employee desires the presence of an attorney o 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. 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. 13.3 The purpose of these meetings will be to discuss problems and objectives of mutual concern, concerning safety and health condi- tions of the Fire Department, but excluding grievances or matters which are the subject of collective bargaining negotiations between the par- ties AtIli 13,4 Meetings shall be conducted on a semi -formal basis fol- 1oWifc7 an agenda which shall include items submitted by any member of the Committee to the Chief of the Fire Department at least five (5) working days prior to the meeting, together with such information as May be helpful in preparing a meaningful meeting!agenda program. The agenda shall be provided each member of the Committee. The Chief of the Fire Department shall arrange for minutes to be taken of each meeting, and for distribution of copies to each member of the Committee. Recommendations of the Committee may be sent to the City Manager or his designee if requested by a member of the Committee. 13,5 Agended issues and subsequent discussions on the subject of safety and health shall not limit or preclude the right of the Union to seek enforcement of safety requirements under the Occupational Safety and Health Act, if applicable, ARTICLE 14 SPECIAL MEETINGS The City and the Union agree to meet and confer on matters interest upon the written request of either party. The written re- quest 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 repre- sented 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 wou Id 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 on -duty Firefighter who is to attend such meeting. "SUPPORTIVE LOCUh,1tfVI; FOLLOVr ►' • Af2TtCI,E 15 CPtEVANCE PROCEDURE 1 A .grievance is defined as a dispute involving the interpre= tatibh of 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 pro- visions of the Agreement alleged to have been violated. Any griev- ante not conforming to the provisions of the paragraph shall be denied and not eligible to advance through the steps of the Grievance Proce- dure including arbitration. Grievances involving Workmen's Compensa- tion are not subject to this Agreement, except that a question concern- ing 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 differ- ent 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 con- sist of twelve (12) working hours. 15.4 All employees covered by this Agreement shall be required make a written Election of Remedy prior to filing a 2nd step griev- ance 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 ap- pearing 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 consid- ered as an election of remedy under this article. However, such ap- pearance by the Union shall not be in violation of Florida Statute$,. Chapter 447,501 (2), (a), .(b) , (0), • 1gY6 Grievances shall be processed in accordance with the fo1- 1ific procedure: Step 1, The aggrieved employee shall discuss the grievande 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 em- ployee within five (5) working days, Where a grievance is general in nature in that it ap- plies 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 con- sidered 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 Griev- ance 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 in their opinion no grievance exists, no further action is necessary. 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 Deputy Chief concerned who shall meet with the Union represen- tative and shall respond to the Union in writing within three working days from receipt of the written grievance. "SUPPORTIVE Di,..3CU M EN .S FOL LG', V" r78. 1 m ■ upon1 The parties agree, however, that nothing in this sec= bn'Shall be construed to prevent a member of the bargaining Whit 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 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 representative 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 re- sponse 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 Procedure, the Union may request a review by an impartial arbitrator provided such re - guest 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 4 of the Grievance Procedure. 15.7 The parties to this an independent arbitrator, •;;e .ected from a panel or panels and Conciliation Service, Agreement will attempt to mutually agree If this cannot be done, one will be to be submitted by the Federal Mediation ■ 1.5i8 The arbitration shall be conducted under the rules set fdf`th ih the memo of Understanding on this subject which shall be a part of this Agreement. 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, acid 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 specifi- cally covered by this Agreement; nor shall this Collective Bargaining Agreement be construed by an arbitrator to supersede applicable laws in existence at the time of signing this Agreement. 15.9 The Arbitrator may not issue declaratory or advisory opin- ions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. 15.10 It is contemplated that the City and the Union mutually agree in writing as to the statement of the matter to be arbitrated prior to hearing. When this is done, the Arbitrator shall confine his decision to the particular matter thus specified. When the parties are unable to agree, the Arbitrator shall decide the issue or issues to be arbitrated. 15.11 Each party shall bear the expense of its own witnesses and of its own representatives. The parties shall bear equally the expense of the impartial arbitrator. The party desiring a transcript of the hearing will bear the cost of same. 15.12 Copies of the award of the arbitration made in accordance with the jurisdiction or authority under this Agreement shall be fur- nished to both parties within thirty (30) days of the hearing and shall be final and binding on both parties. ARTICLE 16 SAFETY SHOES The City shall issue an allowance in the amount of $18,00 to employees for the purchase of an initial pair of safety shoes, or re- placement of safety shoes, where required due to wear and tear or acci- " UPPr4 fleri DOCU ***- j i\,s 1642 The Chief of the Fire Department shall determine when, in hi§ 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 auto= matic basis. ARTICt,E 17 (*.OUP INSURANCE The City agrees to pay 100% of the current life ih'suranCe oVerage nOW enjoyed by the members of the Bargaining Unit. 17.2 Group health insurance coverage for the employee will con- tinue at the current benefit level; however, upon ratification of this Agreement the City agrees to provide unlimited major medical coverage. This current premium and any increase or decrease in this premium will be shared on the basis of 80% paid by the City and 20% paid by the em- ployee. 17.3 The City further agrees to pay $13.29 per pay period toward the dependent health coverage upon ratification of this Agreement. The City agrees to delete the current maternity/obstetrical benefit for dependents, and in return provide unlimited major medical coverage. Any increase or decrease in the dependent health care premium will be shared on a percentage basis of what the employer pays and what the employee pays. 17.4 Employees covered by this Agreement may elect in the month of January of each year to be covered by the current maternity/obstet- rics benefit. Employees making application for said benefit will bear the entire cost of the maternity/obstetrical benefit and will be subject to all the current restrictions if any. Further, should the cost of the benefit increase, all increases shall be passed on to the members electing this coverage. Election of said coverage shall continue on a year-to-year basis and the employee may acquire or drop the coverage only during the month of January. I3etween the months of October 1, 1978 and December 31, 1978, the employee may elect to continue the ma- ternity/obstetrical benefit.. ARTICLE 18 WAGES sj. The City agrees to adjust the wage rate for dll employees ih atdordahce with the following schedule; with each adjustment to be effective on the first day of the first full pay period following the date indicated: October 1, 1978: Octobet 1, 1979: October 1, 1980: ARTICLE 13 PARITY 1 The monthly rates paid employees covered by this Agreement shall be not less than the monthly rates paid comparable ranks of the Miami Police Department. The comparable ranks are as follows: Firefighter - Police Officer Fire Lieutenant - Police Sergeant Fire Captain - Police Lieutenant Chief Fire Officer - Police Captain 19.2 It is clearly understood that parity extends only to wages between the foregoing classifications of employment and that wages are those that are identified by the official City of Miami Pay Plan. It is further agreed and understood that parity exists exclusively with wages and does not include other terms and conditions of employment. "SUPPORTIVE ARTICLE 20 DOCUMENTS OVERTIME F.', LLOVV" A11 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, at theirdis- cretion, be paid time and one-half at their straight time hourly rate of pay or shall be given compensatory time at the rate of time and one- half for such work. 20.2 The maximum accumulation of compensatory time hours when added to the compensatory time earned under Article 23 is two hundred (200) hours. If an employee takes compensatory time off, the hours in his bank would be appropriately reduced by such time off. If an employee leaves the service of the City and cashes in his bank, the hours therein shall be calculated on the basis of Article 23, Section 23,7, -1 P78,-G 3 I■n■n■iuII■IuII■III■ IIIIIIIIU 2043 The parties agree that overtime hours shall not be used in the Cdfiputation of arriving at average earnings for purposes of estab= tithing pension benefits, 20.4 Any member who has accumulated a maximum of two hundred (200) hours shall receive pay rather than compensatory time. 20.5 The parties agree that assignments of overtime work than rest solely with the Department Head. 20,6 The parties agree that the assignment of overtime work is Oh an involuntary basis and any employee refusing assignments of such work' is subject to disciplinary action as deemed appropriate by the bepartment Director. ARTICLE 21 CALL BACK PAY All employees covered by the terms of 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 employment as a member of the Miami Fire Department, will be paid 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. ARTICLE 22 WORKING OUT OF CLASSIFICATION 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, 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 em- ployee 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 HOI,IhAYS/VACATIo i/SICK TIME Tile followinj days shall be considered holiday$. New Year's Day Columbus Day Washington's Birthday VetercIns Day Memorial Day Thanksgiving Day Independence Day Day after ThanksyiVi Labor Day Christmas Day Employee's Birthday Any additional holidays declared by official the city Commission shall be adder: 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 ob- serve 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 regu- lar 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 resolution regular rate of pay. 23.5 Any member who has accumulated a maximum of two hundred (200) hours shall receive pay rather than compensatory time under this Article. 23.6 The Union agrees that in exchange for the extension of time -and -one-half for work performed on a holiday, the member's birth- day shall be removed from the list of authorized holidays appearing in Article 23 entitled "Holidays/Vacation/Sick Time." In deleting the em- ployee'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 earned time if assigned to a 24-hour shift or 8 hours if as- signed to a 40-hour week. The scheduling of the birthday off shall be mutually agreeable between the affected employee and the Chief of the Fire Department or his designee, but the birthday or the earned time flowing therefrom must be taken off prior to the employee's next sue- ceedin(I birthday. II II 11111 I I I IIIII I III I I I I I II I I I ■I■UI■m MM MM 1 MM MM MM MEM g ■ 4. ARTICLE 23 HOLIDAYS/VACT.TIOI/SICK TIME he following days shall be considered holiday§ NeW Year's Day Washington's Birthday Memorial Day Independence Day tabor Day Columbus Day VeterTns Day Thanksgiving Day Day after ThanksgiVibg Christmas Day Employee' s Birthday Any additional holidays declared by official resolutibh Commission shall be added to the above list. 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 ob- serve 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 regu- lar 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 Any member who has accumulated a maximum of two hundred (200) hours shall receive pay rather than compensatory time under this Article. 23.6. The Union agrees that in exchange for the extension of time -and -one-half for work performed on a holiday, the member's birth- day shall be removed from the list of authorized holidays appearing in Article 23 entitled "holidays/Vacation/Sick Time." In deleting the em- ployee'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 earned time if assigned to a 24-hour shift or 8 hours if as- signed to a 40-hour week. The scheduling of the birthday off shall be mutually agreeable between the affected employee and the Chief of the Fire Department or his designee, but the birthday or the earned time flowing therefrom must be taken off prior to the employee's next suc- ceeding birthday, ' fl ALL(;fi III II III IIIIIIIIIIIIIIII IIIIIII II I III IIIIIII IIIII IIII■II III I tiimi iii■i■ It is agreed and understood that effective October 1, 1976, preiniitnay 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 oh 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 fol- lowing: Hoursof earned time accumulated as a result of holidays when added to hours earned under the Article entitled "Overtime" shall not e>:ceed two hundred (200) hours. however, the accrual of a birthday as earned time shall not be calculated -as a part of the 200 hour maximum permitted accumulation. Any employee who as of October 1, 1973, had more than two hundred (200) hours accumulated shall not be allowed to :bank any additional earned time until he reduces his banked hours to the two hundred (200) hour limit. If such employee fails to reduce the pre -October 1, 1973, banked hours to two hundred (200) hours, then at the time of his separation from service with the City he shall be paid according to the fol- lowing formula: Two hundred (200) hours shall be paid at the.rate is earning at separation. The excess shall be paid at the as of September 30, 1973. 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. 23,8 Accumulation for the basic vacation will be ten (10)hours per month, Longevity vacation shall be granted on the sixth, seventh, eighth, ninth and tenth year of employment at a rate of twelve (12) hours per year. From the eleventh year on, longevity vacation Shall be granted at the rate of six (6) hours per year, -16- hourly rate he he earned t 4. 23,9 • Sick time, currently known as "I" time in the Miami Fire bepartment, shall be granted at the rate of twelve (12) hours per month in accordance with applicable City of Miami, Fire Department and Civil Service Procedures, 23.10 Effective October 1 1977, longevity vacation on the sikth, 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. 23.11 Effective October 1, 1979, after the accumulation of six hundred (600) hours of sick leave, further accumulation shall be cred- ited to an employee's vacation leave at the rate of five (5) hours vacation leave for each ten (10) hours of sick leave earned. 23.12 Any employees covered by this Agreement who retire after the effective date of this Agreement shall be paid for all unused sick leave up to a maximum of twelve hundred (1200) hours provided, however, any employee who as of the effective date of this Agreement has accu- mulated 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 pro- vision 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 the effective date of this Agreement. ARTICLE 24 EDUCATION All employees covered by this Agreement shallbe paid a 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 re- quired 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, "SUPPORTIVE -17- DOCUMENTS FOLLOW" 24,4 Those employees attending classes paid for by the City shall hot draw supplemental educational benefits from any other source, Should the employee wish to apply to receive supplemental educational benefits, i.e., G,T.Bill, he or she will not receive educational payments from the City. ARTICLE 25 HOURS OF WORK 25,1 The work week shall be as follows!- 48 hours off duty. A day off, now known as an "P' day, shall granted once every nine (9) scheduled days. This schedule will effect a 49,8 work week. 25.2 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 substi- tute any other official accumulated time or any official time as pro- vided by the City of Miami unless approved by the Fire Chief or Deputy Chief. ARTICLE 26 EMPLOYEE RIGHT TO REPRESENTATION 26.1 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 even- tually 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 itoccurs while on duty, a commanding officer or a supervisor the accused shall. be notified of tho interrogation.. p (b) tf the interrogation is conducted by or for the Department, •it shall take place in the Miami Fire Department building, f 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, The accused shall be informed of the rank, name and command of the officer in charge of the investigation, the inter-- rogating party and all persons present during the interro- gation. 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 investi- gation prior to any interrogation, and given the names of all known complainants. Interrogations shall be for reasonable periods and shall be timed to allow for such personal necessities and rest periods as are reasonably necessary. 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 question. The complete interrogation including when recesses are taken shall be recorded, and there shall be no unrecorded questions or. statements. 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. No mechanical device, including, but not limited to, poly- graph, 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 "SUPPORTIVE DOCUMENTS F.. LOW„ L� t If the accused is under arrest, or is likely to be arrested s a result of the interrogation, he shall be fully informed his of her legal rights prior to any interrogation, At the request of the accused, he or she shall have the represented by counsel or!any other representa- tine of his or her choice during the entire interrogation. 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 hot have the right of cross examination. 2 The above shall 'not apply, to investigations and review infractions of non -criminal City and Departmental Rules and Regula- tions provided, however, any employee covered by this Agreement who is disciplined as the result of the alleged violation of City or Depart- mental 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.rn. and 5:00 p.m. on normal :Monday thru 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 examina- tion. ARTICLE 27 AGREEMENT IN THE EVENT OF TRANSFER The City agrees that in the event of a transfer of Department or its functions to !•Metropolitan Dade County, all rights and benefits Agreement of the transferred employees 'guaranteed under hall be continued for the term of this Agreement. ARTICLE 28 TOTAL AGRla•1E T "pp4rt1osC agree that this Collective s• t'e t9ta1 40ement during the life of the this Bargaining Agreement 110 421. request shall be made to increase the cost of employee benefits through the Civil Service Board or the City Commission during the life of this Colledtive Bargaining Contract, ARTICLE 29 REPRES PI TION Off" THE CITY The City shall be represented by the CityManager, person or persons designated in writing to the Union by the City Kant, ages. 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. 29.2 It is understood that the City representative or repre- sentatives are the official representatives of the City for the pur- pose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein, regardless of their po- sition or association with the City, shall be deemed unauthorized and shall have no weight of authority in committing or in any way obli gating the City. President o the The of the ARTICLE 30 'REPRESENTATION OF THE UNION membership of the Union shall be represented by the Union or by a person or persons designated in writing City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1. 30.2 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 ratifi- cation. 30.3 It is understood that the Union representative or repre- sentatives are the official representatives of the Union for the pur- pose 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 wei4.)ht or authority in committing or in any way oblig4t ,hq the "SUPPORTIVE SUPPOR !FE 7:►E� S LLOVV" t 10,4 It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of the Pres= ideht of the Union or of any certified representative of the Union, ARTICLE 31 SAVINGS PROVISION �1 If this Agreement or any provision, section, subsection, sehtehce, 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. ARTICLE 32 .TERMINATION AND MODIFICATION 321 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 Agree- ment 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, 1978, except where otherwise stipulated. This Agreement shall continue in force until September 30, 1981. 32.2 On or before April 1, 1981, 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 in- form the City of the items which they desire to negotiate, together with specific language describing its proposals. 32.3 On or before April 1, 1981, the City shall present the Union with a list of proposals it desires to negotiate together -with specific language describing its proposals. 32.4 Initial discussions shall thereafter and no later than May.1, 1981, be entered into by the City and the Union. 32.5 Such discussions shall be concluded by the signing proposed agreement pursuant to Florida law. ac 22”' Agreed to this day of i 19/8, by and between the respective parties through in authorized representa- tiVe or representatives of the Union and by the City Managers ATTEST: CITY CLERK 1 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CTO LOCAL 587 - THE PART OF THE CITY OF MIAMI, MIAMI, FLORIDA APPROVED AS TO FORM AND CORRECTNESS CITY ATT'OI D CUr� N SE FOLLOW" MEMO OF UNDERSTANDING CONCERNING RULES FOR GRIEVANCE ARi3ITRATION The Arbitrator selected by the parties shall be bound by the Aftietie1h Arbitration Association Voluntary Labor Elrbitratioa Rules aPended January 1, 1974. Said rules shall apply, except that Rules 1, 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. "SUPPORTIVE DOCUMENTS FOLLOW„ 1 i I YIY 1 i I 1111 1111 I r ri i i liUi 1111 111 Ii111111iIIIIiiiiil. illilil IIIVII 111 1IIIIidi ''llll'li Class, Code Number Class Title APPENDIX "A" EFFECTIVE OCTOBER 8, 1978 Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 1st Longev- 2nd Lcngev- Range (Start) (1 Year) (2 Years) (3 Years) (4 Years) (5 Years) ity(10 Yrs). ity(15 Yrs.) 5305 Firefighter 24U 1248 1310 1378 1446 1519 1594 1674 1758 0 5307 Fire Lieutenant 27U 1446 1519 1594 1674 1758 1844 1937 2034 5308 Fire Captain 3OU 1674 1758 1844 1937 2034 2135 2243 2355 5309 - Chief Fire Officer 3.3U .. 1937 2034 _ '2135 2243 2355 2473 25g.7 _ =j 2727 "SUPPORTIVE DOCUMENTS FOLLOW" dri w i Class Code Number Class Title APPENDIX "B" EFFECTIVE OCTOBER 7, 1979 Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 1st Longev- 2nd Longev Range (Start) (1 Year) (2 Years) (3 Years) (4 Years) (5 Years) ity(10 Years) ity(15 Years), 5305 Firefighter 2413 1317 1382 1454 1526 1603 1682 1766 1854 5307 Fire Lieutenant 27U 1526 1603 1682 1766 1854 1946 2044 2146 530.8 Fire Captain 30U 1766 1854 1946 2044 -2146 2253 2366 24E4 - � � " 84 � 2609 27�40� Z8��' �3��� ,Chief Fire Officer 33t1"=-�; 2044 _ _ � 214�6 2253 2366 � 24 "SUPPORTIVE DOCUMENTS FOLLOW" Class Code Number Class Title APPENDIX "C" EFFECTIVE OCTOBER 5, 1980 .Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 1st Longev- 2nd Longev- Range (Start) (1 Year) (2 Years) (3 Years) (4 Years) (5 Years) ity(10 Years) ity(15 Years) 5305 Firefighter 24U, 1396 1465 1541 1618 1699 1783 1872 40- 5307 Fire Lieutenant 27U 1618 1699 1783 1872 1966 2062 2166 5308 Fire Captain 3OU 1872 1966 2062 2166 2275 2388 2508 5309 Chief File Officer 33U 2166 2275- _ _ 23.88 2508 2633 2766 2905 1966 2275. 2633 r- k Class,Code Number Class Title APPENDIX "C" EFFECTIVE OCTOBER 5, 1980 Salary Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 1st Longev- 2nd Longev- Range (Start) (1 Year) (2 Years) (3 Years) (4 Years) (5 Years) ity(10 Years) ity(15 Years) 5305 Firefighter 24U, 1396 1465 1541 1618 1699 1783 1872 1566 5307 Fire Lieutenant 27U 1618 1699 1783 1872 1966 2062 2166 2275 5308 Fire Captain 3011 1872 1966 2062 2166 2275 2388 2508 Z633 5309 Caief Fire Officer 33U 2166 .2275-- 2388 2508 _2633 2766 29OS._ = 305D L