HomeMy WebLinkAboutExhibit 2AGREEMENT
BETWEEN
CITY OF MIAMI, FLORIDA
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
LOCAL 58'7
OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2010
TABLE OF CONTENTS
ARTICLE PAGE(S)
AGREEMENT 1
RECOGNITION 1 1
NO STRIKE 2 1-2
UNION BUSINESS 3 2-5
DISCRIMINATION 4 5
PREVAILING BENEFITS 5 6
MANAGEMENT RIGHTS 6 6-7
UNION REPRESENTATIVES 7 7
NOTICES 8 8
SHIFT EXCHANGE 9 8-9
VACANCIES - PROMOTIONS 10 9-12
BULLETIN BOARDS 11 12-13
LINE OF DUTY INJURIES 12 13-18
SAFETY COMMITTEE 13 18-19
SPECIAL MEETINGS 14 19-20
GRIEVANCE PROCEDURE 15 20-26
SAFETY SHOES 16 26-27
GROUP INSURANCE 17 28-31
WAGES 18 31-38
VACATION TIME 19 38-40
OVERTIME 20 40-41
CALL BACK PAY 21 41-42
WORKING OUT OF CLASSIFICATION 22 42-43
HOLIDAYS 23 43-44
EARNED PERSONAL LEAVE (FH TIME) 24 44
FAMILY LEAVE AND LEAVES OF ABSENCE 25 45-47
EDUCATION 26 47
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ARTICLE PAGE(S)
BEREAVEMENT LEAVE 27 48-49
PHYSICAL EXAMINATIONS 28 49
LOSS OF EQUIPMENT 29 50
BLOOD DONORS 30 50
SUBSTANCE/ALCOHOL —
PERSONNEL SCREENING 31 50-60
HOURS OF WORK 32 60-61
PERSONNEL ALLOCATION 33 61-62
EMPLOYEE RIGHT TO REPRESENTATION 34 62-65'
RESIDENCY 35 65
SHIFT STRENGTH 36 65-66
STATION COMMANDERS 37 66
TOTAL AGREEMENT 38 66
REPRESENTATION OF THE CITY 39 66-67
REPRESENTATION OF THE UNION 40 67-68
AGREEMENT IN EVENT OF TRANSFER 41 68
SAVINGS PROVISION 42 68
PENSION 43 68-80
SICK TIME 44 80-82
TUITION REIMBURSEMENT 45 83-85
BARGAINING UNIT MEMBERS KILLED IN
THE LINE OF DUTY 46 85
RETIREE HEALTH PLAN 47 86
TERMINATION AND MODIFICATION 48 86-88
APPENDIX A 89
INDEX 90-91
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AGREEMENT
THIS AGREEMENT is entered into by the CITY OF MIAMI, FLORIDA, a
municipal corporation, hereinafter referred to as the City, and the
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #587,
hereinafter referred to as the Union. The City and the Union shall jointly
hereinafter be referred to as the Parties. It is the intention of this Agreement to
provide for wages, fringe benefits and other terms and conditions of employment.
It is further the intention of this Agreement to prevent interruption of work and
interference with efficient operation of the City of Miami and to provide for an
orderly, prompt, and just manner of handling grievances.
ARTICLE 1
RECOGNITION
1.1. The City hereby recognizes the Union as the sole and exclusive
bargaining agent for all persons in the Fire Department within the following
classifications: Firefighter, Fire Lieutenant, Fire Captain, and Chief Fire Officer.
Excluded are all other employees and classifications, and specifically excluded are:
Fire Chief, Deputy Fire Chief, Assistant Fire Chief, and Executive Assistant to
Fire Chief.
ARTICLE 2
NO STRIKE
2.1. "Strike" means the concerted failure to report for duty, the concerted
absence of employees from their positions, the concerted stoppage of work, the
concerted submission of resignations, the concerted abstinence in whole or in part
by any group of employees from the full and faithful performance of their duties of
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employment with the City, participation in a deliberate and concerted course of
conduct which adversely affects the services of the City, or picketing in
furtherance of a work stoppage either during the term of the Collective Bargaining
Agreement or after the expiration of a Collective Bargaining Agreement.
2.2. Neither the Union, nor any of its officers or agents, nor members
covered by this Agreement, nor any other employees covered by this Agreement,
will instigate, promote, sponsor, or engage in any strike, sympathy strike,
slowdown, concerted stoppage of work, picketing in support of a work stoppage, or
any other activity which prdibits 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 six thousand (6,000)
hours per fiscal year to be used in accordance with the provisions of this Article and
during the term of this Agreement. All unused hours will be carried over to the
following fiscal year.
3.2. For each bargaining unit member, except the Employee Organization
President and designee on full time release, who is authorized to use time from the
time pool, the President or his designee shall fill out the appropriate form as provided
by the City. This form shall be processed through channels of the bargaining unit
member who is to use the pool time. The form will be processed as soon as possible and
when possible will be in the office of the Fire Chief seven (7) calendar days prior to the
time the employee has been authorized to use the pool time.
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3.3. Bargaining unit members shall be released from duty on pool time only if
the needs of the service permit, but such release shall not be unreasonably denied. If
because of the needs of the service a bargaining unit member cannot be released at the
time desired, the Employee Organization may request an alternate bargaining unit
member be released from duty during the desired time.
3.4. Employee Organization Time Pool hours will be used on an hour for hour
basis, regardless of the hourly rate of the bargaining unit member using Time Pool
time. Effective October 1, 2006, the hours used by the Employee Organization
Present while released from duty shall no longer be charged against the Employee
Organization Time Pool Bank.. In reporting a bargaining unit member's absence as a
result of utilizing the Organization Time Pool, the daily attendance record shall reflect:
"John Doe on EUP" (Union Time Pool)
3.5. Any injury received or any accident incurred by a bargaining unit member
whose time is being paid for by the Employee Organization Time Pool, or while
engaged in activities paid for by the Employee Organization Time Pool, except the
Employee Organization President and the designee when on full-time release, shall not
be considered a line -of -duty injury, nor shall such injury or accident be considered to
have been incurred in the course and scope of his employment by the City within the
meaning of Chapter 440, Florida Statutes as amended. This section shall not include
benefits attainable through F.S. 112.181.
3.6. Upon written request through channels, only the Employee Organization
President and a designee 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
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Agreement for such release are only to be implemented if the following qualifications
are met by the Employee Organization:
A. The Local 587 President and a designee will reasonably be available 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 "EUP" 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 designee is
off -duty release except for absences due to use of vacation leave,
compensatory leave, sick leave, or holidays will be charged to the
designee's employee leave accounts. The Employee Organization
President and designee shall not be eligible for overtime or compensatory
time, unless performing work in excess of the normal work week for the
Fire Department in his/her civil service classification.
3.7. All applicable rules, regulations, and orders shall apply to any
bargaining unit member on time pool release. Violations of the above -mentioned rules,
regulations and orders shall subject the bargaining unit member on pool time to the
regular disciplinary processes currently provided for in the Miami Fire Department.
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3.8. The City reserves the right to rescind the provisions of this Article in the
event any portion of the Article is found to be illegal. Canceling the Article shall not
preclude further negotiations of future employee pool time.
3.9. Each bargaining unit member covered by this Agreement may
voluntarily contribute vacation time to the Time Pool in twelve (12)-hour increments.
3.10. Each bargaining unit member who wishes to donate time will use a time
pool donation form, which will be provided by the City. This form shall include
language releasing the City from any and all liability to pay for vacation time
contributed by the bargaining-na member to the Time Pool.
3.11. The Union will be allowed up to three (3) bargaining unit member
representatives who shall be permitted to participate in labor contract negotiation
sessions while on duty with no loss of pay or emoluments.
ARTICLE 4
DISCRIMINATION
4.1. No employee covered by this Agreement will be discriminated against
with regard to any job benefits or other conditions of employment accruing from
this Agreement because of age, race, ethnicity, religion, national origin, union
membership, gender, disability or sexual orientation.
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.
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ARTICLE 5
PREVAILING BENEFITS
5.1. Job benefits heretofore authorized by the City Manager, continuously
enjoyed by all employees covered by this Agreement and not specifically provided
for or abridged by this Agreement, shall continue upon the conditions by which
they had been previously granted.
5.2. This Agreement shall not be construed to deprive any employee of
benefits or protection granted by the laws of the State of Florida, ordinances of the
Cit;pof Miami, or re'oluticns of the City of Miami in effect at the time of exec::tiGn.-
of this Agreement.
5.3. The City and the Union will meet at the request of the City to
negotiate any proposed changes in those rights and benefits not specifically
covered by the Agreement, provided however no changes shall be made in the
language or intent of this Agreement except by mutual consent.
ARTICLE 6
MANAGEMENT RIGHTS
6.1. It is understood and agreed that the City possesses the sole right to
operate the Fire Department and that all management rights are expressly
reserved to the City of Miami, but that such rights must be exercised consistent
with the provisions of this Agreement. These rights include, but are not limited
to, the following: discipline or discharge for just cause; direction and supervision
of all personnel; the hiring, the assignment or transfer of employees;
determination of the mission and objectives of the Fire Department; determination
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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.
6.2. The parties agree that it is in the interest of all parties to jointly
gather as many prior Memorandums of Understandings (MOUs), grievance
settlements, and other agreements, etc. in order to establish a Book of
Understandings (BOU). The purpose of the BOU is to have an easily referenced
resource manual on agreements, settlements, verdicts, binding decisions, etc.
between the City and/or the Fire Departnt and the lJnien. The parties. shall
immediately, upon ratification, start the process of gathering the MOUs, etc. in
order to establish the BOU.
6.3. The parties also agree that in no way should this BOU and the
agreement to set up this BOU, limit the rights of the Union and its membership
under Article 6: Prevailing Benefits.
6.4. The parties agree to continually update the BOU when new MOUs
are entered into between the parties, or other binding decisions or agreements are
generated or found.
ARTICLE 7
UNION REPRESENTATIVES
7.1. Representatives of the Union who are not employees of the City shall
be certified in writing to the Fire Chief. 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.
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ARTICLE 8
NOTICES
8.1. The City agrees to make available to the President of the Union the
following notices or bulletins: City Commission Agenda; changes or additions to
the City Administrative Policy Manual and the Personnel Policy Manual; Budget
Estimate as distributed by the City Manager to the City Commission which shall
include the Fire Department estimate. Such notices or bulletins will be picked up
by a Union representative at the Labor Relations Office during normal work
hours, or be transmitted through the interoffice mail to a location designated by
the Union President.
8.2. In the course of conducting business, the parties agree that the
furnishing of documents at no cost to the Union by the City is a normal practice.
Public Records requests made by the Union or their representatives exceeding one
hundred (100) pages or requiring administrative research or time, shall be
furnished to the Union at a twenty percent (20%) discount.
ARTICLE 9
SHIFT EXCHANGE
9.1. Employees shall have the right to exchange shifts under the following
circumstances:
A. He may owe up to eight (8) shifts at any one time including "R"
clays.
B. He may be owed up to eight (8) shifts at any one time including
" R" days.
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C. Employees may exchange time but in no event will an
exchange of time result in the employee working in excess of
two consecutive tours of duty.
D. Trading of time must be done voluntarily by the employees.
E. The reason for the shift exchange is not related to City
business.
F. The period during which time is traded and paid back does not
exceed twelve months.
G. The City incurs no overtime obligation as a result of the shift
exchange.
H. 1) Exchange of time shall not occur between firefighters and
officers.
2) Exchanges of time between officers within the
Emergency Response Division may occur at the same
rank, at one (1) rank below, or at one (1) rank above, the
officer's rank.
3) With the restrictions set forth above, personnel assigned
to Advanced Life Support positions may exchange time
with personnel who are state certified paramedics.
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, so long as they are
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not inconsistent with provisions of this Agreement. All vacancies shall be filled
from the promotional register in effect at the time the vacancy occurs. If a
promotional register is not in effect, vacancies will be filled from the next
promotional register.
Promotions will be to the effective date of vacancy for the classified position.
For pay purposes, if the City fails to promote within thirty (30) calendar days from
the effective date of the vacancy, retroactive pay shall be paid beginning thirty-one
(31) days from the effective date of the vacancy.
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10.2. This provision shall not apply when a freeze is declared by the City
Manager or the position is abolished. Once a freeze is lifted, vacancies shall be
filled as outlined in 10.1.
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 - Recognition.
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 purposes. The Human Resources
Department and the Book Review Committee or its representative shall meet and
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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.
10.6. All promotional registers for Lieutenant, Captain, and Chief Fire
Officer shall remain in effect for a period of two (2) years from the date the register
becomes effective, unless the register is exhausted.
10.7. Promotional examinations for classified bargaining unit positions
shall be given as soon as possible after the expiration of the previous promotional
register for the classified position. The cutoff date to determine seniority and
eligibility for the examination will be the first day the examination is
administered provided the examination is administered within thirty (30) days of
the expiration of the previous promotional register. If the examination is
administered later than thirty (30) days from the expiration of the previous
promotional register, the cutoff date for seniority and eligibility shall be thirty (30)
days from the expiration date of the previous promotional register. The effective
date for new promotional registers will be thirty (30) calendar days from the
expiration date of the previous promotional register for the classified position,
regardless of when the test was given.
10.8. Promotional registers for Lieutenant, Captain, and Chief Fire Officer
shall have ties broken using seniority credit that was not previously used in
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calculating the seniority score for the exam. If a tie still exists, it shall be broken
in favor of the highest ranking Firefighter on the Department seniority list for the
Lieutenants' register, or the highest ranking Officer on the appropriate seniority
in grade list for the Captains' or Chief Fire Officers' register.
10.9. Except where prevented by Federal law or Federal mandate, qualified
applicants who are State certified as a Firefighter or State certified as a
Paramedic, may be given consideration before other applicants for employment as
determined by the Fire Chief.
10.10. Lieutenant candidates will be required to be a State Certified
Paramedic and have passed the Fire Department driver/engineer course for
eligibility to take Promotional exams establishing registers after October 1, 2000.
ARTICLE 11
BULLETIN BOARDS
11.1. The City shall furnish at each Fire station, Fire Prevention Bureau,
Fire College, Fire Central Information Office, Headquarters Building, Fire Shop
and Fire Chiefs Office and any other location where four (4) or more bargaining
unit members are assigned, unless restricted by terms of a lease or other legal
restriction, space for bulletin boards for the purpose of Union notices. If
restrictions exist, the parties agree to discuss alternate means of communication.
Any notice placed on the bulletin board shall bear on its face the legible
designation of the person responsible for placing such notice or item on the board.
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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 Worker's
Compensation Law of the State of Florida, however, the parties agree to establish
a Fire Labor/Management Committee to establish policies and to determine how
to provide medical treatment and equipment, etc. medically equivalent to that
prescribed, by the most efficient and cost effective means to curtail excessive
medical costs for accepted claims in the following areas:
Health Club and Country Club memberships
Capital improvements on the home
Transportation
Medical equipment for home use
More than two (2) requests for change of physician
Should the injured bargaining unit member choose a provider for
assessment and initial treatment outside the managed care network, the City does
not waive its right to negotiate a fee with the provider.
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The Fire Labor/Management Committee shall consist of one member
appointed by the TAFF President, one member appointed by the Fire Chief, and
one member selected by these two (2) individuals. An individual appointed by the
Director of Risk Management will serve as a technical advisor and liaison with the
medical community.
12.2. The parties agree the City will pay the state mandated workers'
compensation indemnity payments to eligible bargaining unit members as a check
separate from any other salary to which a bargaining unit member .may be
entitled. The bargaining unitmember agrees to sign this workers' compensation
check back to the City. The City will also issue a second check to the employee,
which will consist of an amount equal to the workers' compensation payment and
the supplementary salary as set out, and subject to the limitations below. After
those deductions with mandated preference under federal law, the City agrees to
take deductions and/or credits from this second paycheck in the following order:
workers' compensation,*1 pension, health insurance, and any other deductions.
The parties agree that this process is intended to provide the employee with these
paychecks without interruptions.
Should the bargaining unit member refuse to return the workers'
compensation check to the City, the City shall cease making any deductions for the
employee from the second check for pension, health insurance, etc. and the
bargaining unit member shall then be completely responsible for making those
* I Will be indicated on the check as a credit for the City and will be non-taxable.
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payments on his/her own, until the employee elects to participate in the paycheck
system described above in Section 12.2.
12.3. The City agrees that any employee covered under this contract who
is disabled as a result of any accident, injury or illness incurred in the line of duty
shall be granted supplementary salary subject to the following conditions:
Supplementary salary will be paid in the form of a continuation of the employee's
regular paycheck of which a part thereof is Workers' Compensation pay as
provided by Resolution No. 39802. Pursuant to the above manner of payment, the
— City will meet its obligations to the state and- to —the employee arLd the employee
will avoid creating a debt to the City for pension health insurance or other
deductions. If the City is unable to implement this program as set out above, the
parties agree to meet to devise another system that will accomplish the same
goals.
12.4. No supplementary salary will be paid to anyone injured while
performing an act intended to injure or hurt one's self or another. Supplementary
salary shall only be granted for a period of one hundred and fifty (150) consecutive
days from date of injury. Said supplementary salary may be extended up to an
additional sixty (60) consecutive days for serious injuries upon approval of the City
Manager and the Fire Chief. The one hundred fifty (150) days begin when the
employee is actually placed on "D". While the employee is on "D", such time will
be calculated consecutively including days off, "R" days, etc. If the employee is
removed from "D", the non-"D" time will not apply to the one hundred fifty (150)
day period.
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12.5. It is agreed by the parties that the combination of supplementary and
workers' compensation pay shall not exceed nor be less than one hundred percent
(100%) of the bargaining unit member's weekly net base pay (excluding overtime
and any pay supplements not included in the bargaining unit member's base
salary) prior to the line of duty injury, accident, or occupational disease.
Bargaining unit members who receive supplementary and worker's
compensation pay, shall have a weekly amount of $88.95 ($177.90 biweekly)
deducted from supplementary salary while on worker's compensation. Should the
bargaining unit member receive supplementary and worker's compensation pay
for less than a week, the $88.95 weekly deduction shall be prorated as appropriate
for the days the bargaining unit member was on worker's compensation. The
$88.95 weekly deduction will be deducted on a priority basis above any other
deductions, excluding withholding taxes, FICA, pension, or court ordered
deductions.
12.6. If an employee remains temporarily disabled beyond the period of
time in which he is entitled to collect the 100% supplementary pay benefits, he
shall be entitled to supplementary pay equal to the 2/3 "D" payments pursuant to
current practice.
12.7. If an employee becomes permanently and totally incapacitated from
the further performance of the duties of his classified position he shall petition the
retirement board for retirement, The supplementary salary of the difference of 2/3
"D" as described above, shall continue until the retirement is finally granted or
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denied. The section shall not be construed to modify the employee's rights under
the current pension ordinance.
12.8. At any time during his absence from duty claimed to be the result of a
line of duty injury while an employee is collecting City supplementary pay, the
employee shall be required, upon the request of the City Manager, or his designee,
to submit to a physical examination by a physician designated by the City
Manager within fifteen days of the request. If such employee, without cause, as
determined by the City Manager, shall fail to submit to the examination at the
time specified, all City supplementary salary benefits wits n-terminated.
12.9. The City agrees to notify and confer with the Union prior to any
official action regarding the discontinuance of any supplemental salary benefit
related to a line -of -duty injury.
12.10. Any condition or impairment of health caused by Acquired
Immunity Deficiency Syndrome (AIDS), Hepatitis, Pulmonary Tuberculosis, or
Meningococcal Meningitis shall be presumed to have been accidental and to have
been suffered in the line of duty unless the contrary be shown by satisfactory
evidence. Any employee covered by this agreement who refuses to take the pre-
employment (post conditional offer of employment) medical examination and all of
its components relating to the presumptions within this article, shall not be
entitled to the presumption outlined in this section and Florida Statutes 112.18.
The presumption in favor of employees referred to in this section shall not
apply to any other contagious disease, which may be contracted by employees.
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Furthermore, the presumption shall only be applicable to worker's compensation
and disability pension benefit determinations. Nothing in this Agreement shall be
construed as a waiver of the City's rights under applicable State law.
ARTICLE 13
SAFETY COMMITTEE
13.1. There shall be a Safety Committee in the City of Miami Fire
Department, which shall consist of nine (9) members. Four (4) members shall be
appointed by the Union and four (4) shall be appointed by the Chief of the Fire
Department. A member from the Risk Management Department shall be
appointed as the ninth non -voting member by the Chief of the Fire Department
upon confirmation by the Union President. The ninth non -voting member may be
replaced upon a 50% vote of the voting members of the Safety Committee.
13.2. The Safety Committee shall meet bimonthly, or more or less often by
mutual consent, and such meeting shall be scheduled at the time established by
the Chief of the Fire Department. The Chief of the Fire Department, or his
designee, shall preside at all meetings.
13.3. The purpose of these meetings will be to discuss problems and
objectives of mutual concern, concerning safety and health conditions of the Fire
Department, but excluding grievances or matters, which are the subject of
collective bargaining negotiations between the parties.
13.4. Meetings shall be conducted on a semi -formal basis following an
agenda which shall include items submitted by any member of the Committee to
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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 to 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
14.1. The City and the Union agree to meet and confer on matters of
interest upon the written request of either party. The written request shall state
the nature of the matters to be discussed and the reason(s) for requesting the
meeting. Discussion shall be limited to matters set forth in the request, but it is
understood that these special meetings shall not be used to renegotiate this
Agreement. Special meetings shall be held within ten (10) calendar days of the
receipt of the written request and shall be held between 8:00 a.m. and 5:00 p.m. at
a time designated by the City. The Union and the City shall be represented by not
more than four (4) persons each 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
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straight time hours they would otherwise have worked on their regular work
schedule. Time spent in special meetings shall be considered as hours 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.
14.4. The parties agree to participate in the Labor/Management process as
currently established. The Labor/Management process is an ongoing tool for
addressing and solving issues and problems concerning the Union. the
Department, and the City. Issues are dealt with as they arise and do not require
the formalities of reopening negotiations. Any agreements made that have an
economic impact on the City must be approved by the City Manager or his
designee. It is agreed this process complies with and is an extension of Article 14,
as the Labor/Management process applies to collective bargaining.
ARTICLE 15
GRIEVANCE PROCEDURE
15.1. A grievance is defined as a dispute involving the interpretation or
application of the specific provisions of this Agreement, except as exclusions are
noted in other articles of this Agreement.
15.2. A grievance shall refer to the specific provision or provisions of the
Agreement alleged to have been violated. Any grievance not conforming to the
provisions of this paragraph or that contains non -identification of a specific
article(s) of this agreement shall be denied and not eligible to advance through the
steps of the Grievance Procedure including arbitration. Grievances involving
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Workers' Compensation are not subject to the grievance procedure this Agreement;
except that a question concerning supplemental salary may properly be processed
as set forth in the Article entitled "Line of Duty Injuries."
15.3. All employees covered by this Agreement shall be required to make a
written Election of Remedy prior to filing any grievance at Step 2 or higher steps
or initiating action for redress in any other forum. Such choice of remedy will be
made in writing on the Election of Remedy form available at the Office of Labor
Relations. 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 an 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.
15.4. 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).
15.5. Grievances shall be processed in accordance with the following
procedure:
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Step 1. The aggrieved employee shall discuss the grievance with his
immediate officer within seven (7) calendar 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 the matter and/or respond to the
employee within seven (7) calendar days.
Where a grievance is general in nature in that it applies to a number
of employees having the same issue to be decided, or if the grievance is
directly between the Union and the City, it shall be presented directly at
Step 3 of the Grievance Procedure, within the time limits provided for the
submission of a grievance in Step 1 and Step 2 and signed by the aggrieved•
employees or the Union representative on their behalf. The Election of
Remedy form as provided in Section 15.3. of this article shall be completed
and attached to grievances presented directly at Step 3. All grievances
must be processed within the time limits herein provided unless extended
by mutual agreement in writing. Any grievance not processed by the Union
in accordance with the time limits provided in each step of the Article shall
be considered conclusively abandoned. Any grievance not processed by the
City within the time limits provided herein shall be automatically advanced
to the next higher step in the Grievance Procedure.
Step 2. If the Grievance has not been satisfactorily resolved at Step
1, the aggrieved employee or employees shall meet with the Union
Grievance Committee on non -City time and non -City property and the
22
Union Grievance Committee shall determine if a grievance exists. If the
Grievance Committee decides to advance the Grievance, a Union
representative shall reduce the grievance to writing on the standard form
provided by the City for this purpose and present such written grievance to
the Fire Chief within forty (40) calendar days from the date the Step 1
answer was given to the grievant or the Union. The Fire Chief shall'' meet
with the Union representative and shall respond to the Union in writing
within seven (7) calendar days from receipt of the written grievance. Within
the forty (40) calendar day time frame as outPiied above, the Union shall
notify the Fire Chief in writing of the nature of the grievance; what specific
provision(s) were allegedly violated; whether the Union will advance the
grievance; and the date on which the grievant was advised of the
Committee's decision. If the Union decides not to advance the grievance,
the grievant must submit a written grievance to the Fire Chief within three
(3) calendar days of the date on which he was advised by the Union of its
position or the grievance shall be considered abandoned.
The parties agree, however, that nothing in this section shall be
construed to prevent a member of the bargaining unit from presenting his
grievance to the public employer and have such grievance adjusted without
the intervention of the Union Representative, if the adjustment is not
inconsistent with the terms of the Collective Bargaining Agreement then in
effect. The Union Representative 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
- 23 -
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 at Step
2, the Union may present a written appeal to the Labor Relations Officer
within ten (10) calendar days from the time the Step 2 response was due.
The Labor Relations Officer shall meet with the Union representative to
hear the grievance and shall respond in writing to the Union within
fourteen (14) calendar days from the receipt of appeal.
Step 4. If the Grievance has not been satisfactorily resolved at the
Step 3 level of the Grievance Procedure, the Union or an individual
bargaining unit grievant may request a review by an impartial arbitrator
provided such request is filed in writing with the Labor Relations Officer no
later than twenty-one (21) calendar days after the Labor Relations Officer's
response is due in Step 3 of the Grievance Procedure.
15.6. The parties to this Agreement will attempt to mutually agree upon
an independent Arbitrator. If the parties fail to select an arbitrator, either the
Federal Mediation and Conciliation Service or the American Arbitration
Association shall be requested for a panel or panels to be submitted. If the parties
cannot agree, they will alternate between the two (2). The cost of said panel(s)
shall be shared equally by the parties.
15.7. The arbitration shall be conducted under the rules set forth by the
American Arbitration Association on this subject except that Rules 1, 2, 3, 4, 5, 6,
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7(b), 8, 9, 12, 14, 15, 16, 21, 25, 42, and 43 shall not be applicable or utilized by the
Arbitrator. Subject to the following, the Arbitrator shall have jurisdiction and
authority to decide a grievance as defined in this Agreement. The Arbitrator shall
have no authority to change, amend, add to, subtract from or otherwise alter or
supplement this Agreement or any part thereof or any amendment thereto. The
Arbitrator shall have no authority to consider or rule upon any matter which is
stated in this Agreement not to be subject to arbitration or which is not a
grievance as defined in this Agreement, or which is not specifically covered by this
Agreement; nor shall this Collective Bargaining Agreement he construed by an
arbitrator to supersede applicable laws in existence at the time of signing this
Agreement.
15.8. The Arbitrator may not issue declaratory or advisory opinions and
shall confine himself exclusively to the question, which is presented to him, which
question must be actual and existing.
15.9. 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.
15.10. 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
- 25 -
arbitrator. The party desiring a transcript of the hearing will bear the cost of
same.
15.11. Copies of the award of the arbitration made in accordance with the
jurisdiction or authority under this Agreement shall be furnished to both parties
within thirty (30) calendar days of the hearing and shall be final and binding on
both parties.
ARTICLE 16
SAFETY SHOES
__ 16.1. The City shall, effective upon ratification of the labor agreement;
reimburse bargaining unit employees up to $150 for the purchase of an initial pair
of safety shoes, the replacement of same due to job related wear and tear or
accidental destruction or at the employee's discretion, the refurbishment or
resoling of same. To receive this allowance, the employee will present the
purchased, refurbished, or resoled shoes and the bill of sale to a management
representative. Safety shoes paid for by the City shall only be worn when on Fire
Department business, including reporting to and from work.
16.2. The Chief of the Fire Department or his designee shall determine
when, in his judgment, a pair of safety shoes shall be issued as replacement.
Safety shoes shall be issued on the basis of need and not on an automatic basis.
Any bargaining unit member requesting the replacement of more than one (1) pair
of safety shoes during a calendar year shall satisfactorily demonstrate in writing
on a form provided by the City that the replacement of said safety shoe is
necessary due to job related wear and tear or accidental destruction.
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16.3. Employees who work in positions in which safety shoes are not
required shall also be eligible for a shoe allowance to purchase, refurbish, or resole
a pair of approved uniform dress shoes.
16.4. The shoe standard as administered in the past must be met to qualify
for the reimbursement.
16.5. Effective upon ratification, the City shall reimburse bargaining unit
employees who have successfully completed recruit training up to $300 for an
initial pair of leather structural firefighting boots. The City shall ,provide said
reimbursement in accordance with the procedure set forth above for safety shoes,
except that any bargaining unit member requesting the replacement of more than
one (1) pair of boots in a three (3) year period shall satisfactorily demonstrate in
writing on a form provided by the City that the replacement of boots is necessary
due to job related wear and tear or accidental destruction. The Fire Chief or
designee shall have final approval for early replacement of boots suspected of non-
job related wear and tear, or damage.
16.6. Structural firefighting boots shall meet the minimum safety standard
set by the Fire Department Safety Committee, after considering all available
safety standards.
27 -
ARTICLE 17
GROUP INSURANCE
17.1. The City agrees to pay $5,26 per pay period for the cost of life
insurance coverage and accidental death and dismemberment coverage currently
provided by the IAFF, Local 587.
17.2. Group health premiums will be paid by the bargaining unit employee
with pre-tax dollars.
Effective January 1, 2008, the City's medical plan will consist of a three (3)
tier program:
Single Coverage
Single Coverage + 1 person (spouse or child)
Family Coverage (single + 2 or more)
17.3. Bargaining unit employees who elect the Dual Choice (Point of
Service) Medical/Vision health plan shall continue to contribute $20.57 bi-
weekly toward single health coverage and $108.90 bi-weekly toward family health
coverage.
Effective the first full pay period following the dates indicated below,
bargaining unit employees who elect the Dual Choice (Point of Service)
Medical/Vision health plan shall contribute bi-weekly toward their health
coverage as indicated:
Single Coverage
Jan. 1, 2008: $57.99 monthly
Jan. 1, 2009: $95.68 monthly
Single + 1 Family Coverage
$ 180.00 monthly $262.17 monthly
$215.28 monthly $280.00 monthly
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Jan. 1, 2010: $140.33 monthly $280.00 monthly $320.00 monthly
17.4. Bargaining unit employees electing the City's HMO Medical/Vision
health plan shall continue to contribute $7.87 bi-weekly toward single health
coverage and $53.24 bi-weekly toward family health coverage. Effective the first
full pay period following the dates indicated below bargaining unit employees who
elect the City's HMO Medical/Vision health plan shall contribute bi-weekly
toward their health coverage as indicated:
Single Coverage Single+. L_. Family Coverage
Jan. 1, 2008: $38.19 monthly $ 110.00 monthly $115.35 monthly
Jan. 1, 2009: $63.01 monthly $141.78 monthly $176.43 monthly
Jan. 1, 2010: $92.42 monthly $207.94 monthly $258.77 monthly
17.5. Bargaining unit employees electing the City's Dual Choice (Point
of Service) Medical/Vision/Dental health plan shall have the current dental
premium amount, at time of ratification of this agreement, added to their biweekly
premium. Any increases in dental premiums will be added to the employee
premium payment as follows: on an annual basis if there is to be an increase in
dental premiums, the City shall notify the Union by October 15th. Any dental
premium increases shall be effective on the subsequent January 1st. Employees
retain the option to opt out of dental coverage.
17.6. Bargaining unit emloyees electing the City's HMO
Medical/Vision/Dental health plan shall have the current dental premium
amount, at time of ratification of this agreement, added to their biweekly
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premium. Any increases in dental premiums will be added to the employee
premium payment. Employees retain the option to opt out of dental coverage.
Effective September 20, 2004, bargaining unit employee's co -pays for
health coverage shall be as specified below:
HMO Dual Choice
(Point of Service)
Pharmacy (Generic/Brand): $15/$25 $15/$25
Office Visit Copay (PCP/Specialist): $15/20 $25/35
17.7. In accorda c with current practice, when employees choose to be
covered. under City Dental, the employee will continue to pay the Dental premium.
17.8. Plan design and all plan benefits shall be those outlined within the
employees' benefits handbook and shall not be changed without mutual agreement
of the City and the Union.
17.9. A standing committee will be created called the Health Insurance
Committee. It shall be made up of five (5) City of Miami employees, one member
appointed by the IAFF, one member appointed by AFSCME, two members
appointed by the City Manager and one picked by mutual agreement of the IAFF,
AFSCME and the City Manager. The Group Benefits Administrator shall serve as
a technical advisor to the committee, but will not be a member nor have a vote.
The committee shall meet monthly or as needed to review employee
complaints, suggestions, etc. The committee shall have the authority by majority
vote, to remedy situations concerning claims, so long as the decision does not
change the current benefits. The committee may make recommendations on
benefit changes that would save the plan(s) money, to the City and the Union for
-30-
immediate consideration of the parties. The committee will research a Cafeteria
Plan with Flexible Spending Accounts and make recommendations to the parties
for consideration.
The committee is intended to reduce the need for the grievance procedure
and to suggest new ideas in providing a better and more efficient health insurance
system. The parties agree, however, that employees bringing complaints to the
committee shall be entitled to use the grievance procedure if the committee's
remedy, if any, is not satisfactory to the employee.
ARTICLE 18
WAGES
18.1. Effective the first full pay .period following the dates indicated below,
bargaining unit employees will receive, subject to the provisions of this Article,
across-the-board wage increases as follows:
October 1, 2007 5%
October 1, 2008 5%
October 1, 2009 5%
18.2. Employees hired shall start at Step 1 and shall then follow the appropriate
salary schedule.
18.3. Effective October 1, 2006 bargaining unit members will adhere to new
salary schedules, as outlined in Appendix A, including a new step raise plan as
described below.
Bargaining unit members, holding the rank of Firefighter, shall receive
2.5% pay increases for each step. Step 2 shall begin with six (6) months
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employment, and each subsequent step shall be given every six (6) months
through Step 17. An additional 2.5% for Step 18 pay raise shall be at the
completion of year nine (9) of employment.
The current promotional pay differential between ranks shall continue to
apply, plus bargaining unit members holding the ranks of Lieutenant,
Captain, or Chief Fire Officer shall receive 2.5% pay increases for Steps 2
through 12. The Step 2 pay raise shall begin with six (6) months
employment, and each subsequent step raise shall be given at the
complPtion..of each six (6) months through Step 12. Step pay increases shall
be 3% starting with Step 13, which shall begin at the completion of six (6)
years of employment, and continue to be given at every six (6) month
interval through Step 18. At the completion of year nine (9) of employment
a Step 19 raise of 2.5% shall be given.
All bargaining unit members shall receive longevity raises at the completion of :
10 years of continuous service — 5%
15 years of continuous service — 2.5%
16 years of continuous service — 2.5%
20 years of continuous service — 5%
21 years of continuous service — 2.5%.
For those bargaining unit members hired after September 30, 2007, city service
time as a part-time or temporary employee shall not be included for purposes of
determining eligibility for longevity increases.
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18.4. Effective the first full pay period following October 1, 1993, active
bargaining unit members shall receive Fire Prevention pay in the amount of
$76.92 biweekly. Fire Prevention pay shall be subject to pension deductions and
applicable federal taxes and shall be included in calculating an employee's average
earnings for pension purposes.
All hours of leave of absence without pay shall be deducted from the Fire
Prevention payment on the basis of $.96 per hour for forty (40) hour employees,
$.80 per hour for forty-eight (48) hour employees and $.74 per hour for fifty-two
(52) hour employees.
18.5 Effective the first full pay period following October 1,2006 any pay
supplements not equivalent to a five percent (5%) pay step shall be paid to the
eligible employees as a separate pay item, unless otherwise specified in this
Collective Bargaining Agreement.
18.6 Effective September 27, 1993, any City of Miami employee, unless a
former fire bargaining unit employee as specified in Section 18.7, that transfers or
is hired as a firefighter into the Fire Department as a uniformed bargaining unit
employee shall be placed at the firefighter wage rate as specified above in Section
18.2.
18.7 Former fire bargaining unit employees who left the employ of the Fire.
Department under honorable conditions and who have been approved by the Fire
- 33 -
Chief shall be placed on a reemployment list, provided the former firefighter is a
State certified firefighter. The reemployment list shall be considered separate
from the eligibility list for new hires.
Those on the rehire list may be hired by the Fire Chief as openings occur
without regard to the eligibility list for new hires. In addition, the following shall
apply:
A. In accordance with State certification requirements, eligibility
shall be limited to three (3) years following the effective date of
resignation.
re.: Year
B. Under conditions set forth above, any former permanent fire
bargaining unit employees having one (1) to four (4) years, and
eleven (11) months of previous continuous service as a firefighter
will be placed at Step 1 of Salary Range 24 (48-hour shift) of the
Firefighter classification. Former permanent fire bargaining unit
employees having five (5) or more years of previous continuous
service will be placed at Step 5 of Salary Range 24 (48-hour shift)
of the Firefighter classification.
18.8. All changes in salary because of promotion, demotion, merit step
and/or longevity increase, etc., shall begin to accrue the effective date of the
change, but actual payment for the same shall not be made until the first full pay
period following the effective date of the change.
18.9. Effective the first full pay period following January 1, 1999,
bargaining unit member's shall receive, in recognition of their efforts in generating
-34-
new revenue, a "revenue incentive" wage payment of three and seven tenths
(3.7%) percent.
The revenue incentive wage payment shall be segregated on the employees
paycheck stub so employees realize the pay is based upon their performance. The
revenue incentive wage payment will not be rolled into any pay supplements.
18.10. Leaves of absence without pay or suspension of any duration shall
cause the effective date of the longevity and anniversary date to be deferred by the
same number of calendar days embraced by said leave. This break in pay shall
not be considered a break in continuous service.
18.11. Any bargaining unit employee upon normal retirement from City
service, or separating under honorable conditions, who has served for a period of
twenty-five (25) years or more, shall be granted, at the time of his/her normal
retirement or honorable separation, one hundred seventy-three and three tenths
(173.3) hours of pay if on a forty (40) hour work week and two hundred eight (208)
hours of pay if on a forty-eight (48) hour work week.
18.12. Effective October 1, 2006, bargaining unit members shall have their
base salary increased if certified as specified below by the new percentages listed.
State Certified EMT (non Paramedics) 5%
State Certified Paramedic 14%
Effective January 1, 2008, any State Certified Paramedic who is restricted from
using their Paramedic License by the Medical Director for failure of Protocol
Testing shall be subject to a reduction in Paramedic pay. The manner and amount
- 35 -
of reduction shall be mutually agreed upon by the Union and the Fire Chief, but in
no case shall the parties agree to an amount less than EMT pay. Any reduction in
pay shall not occur less than six (6) months after the restriction is first applied.
The parties agree to further discuss the Protocol Testing and remediation
procedures.
18.13 Effective October 1, 2006, employees who are State Certified
Paramedics or State Certified. EMTs permanently bid into Advanced Life Support
positions on ALS apparatus (Rescue or Paramedic Pumpers), will have their base
pay increased six percent (6%) for Rescue assignment pay. Lieutenants assigned
to swing or unassigned in the Emergency Response Division (ERD) will receive the
Rescue assignment pay.
18.14 Effective October 1, 2006, any person covered by this Agreement who
is required to ride in an ALS position (all positions on Rescues, and ALS positions
on paramedic Fire apparatus) who is not receiving ALS assignment pay shall be
paid six percent (6%) above their current hourly rate for all hours worked,
provided they ride in that capacity for a minimum of four (4) hours. Probationary
Fire Fighters will not be entitled to receive ALS Acting Pay.
18.15 Effective October 1, 2006, bargaining unit members shall receive an
additional increase for using certifications specified below by the percentages
listed. Any increases or decreases in the number of positions that receive any of
the certification increases listed below shall be agreed upon by the Department
and the Union by mutual agreement.
Hazardous Materials Technician assigned to the
Hazardous Materials Team... 5%
36
State Certified Fire Service Instructor assigned to
Instructor positions
State Certified Fire Inspector assigned to the Fire
Prevention Bureau 5%
N.A.U.I. or P.A.D.I. Certified divers assigned to
the Dive Team 6%
Employees assigned to the SWAT Team... 5%
Members assigned to the Technical Rescue Team completing 120 hours of
department approved training 5%
18.16. Upon ratification of this agreement, bargaining unit members who
currently have, or successfully obtain, a college or university degree shall receive
an annual incentive bonus. This incentive shall be prorated and paid on a bi-
weekly basis. Bargaining unit members shall only be credited for the single
highest Educational Degree. The incentive shall be paid as outlined below:
Associate's Degree $1,200
Bachelor's Degree $2,200
Master's Degree $3,200
Juris Doctor, Ph. D, Ed. D, M.D $4,200
18.17. The City hereby knowingly, intelligently, and unequivocally waives
its right not to fund any year of this Agreement. The only exception to this waiver
is in the case of a "true fiscal emergency," which is unanticipated at this time.
In order for the City to establish a "true fiscal emergency" so as to lawfully
not fund any year or years of this Agreement, the City must demonstrate that
-37-
there is no other reasonable alternative means of appropriating monies to fund the
Agreement for that year or years.
Not with standing any other article of this Collective Bargaining
Agreement, the City hereby specifically agrees that any disputes concerning the
application or interpretation of the funding of the contract will be resolved through
the grievance arbitration procedure of this Agreement.
If an arbitrator determines that the City has breached its funding
requirements under this Agreement, the parties jointly confer upon the arbitrator
jurisdiction to order the City to appropriate the necessary monies to fund the
Agreement. This also applies to any enforcement proceeding under Chapter 682,
Florida Statutes.
This article applies to any status quo period following the expiration of this
contract.
ARTICLE 19
VACATION TIME
19,1. Base vacation hours shall be one hundred forty (140) hours (96 hours
for 40-hour employees). Longevity vacation on the sixth, seventh, eighth, ninth
and tenth year of employment will be granted at the rate of ten (10) hours per year
longevity vacation. From the eleventh year on it will be granted at the rate of five
(5) hours per year. Employees who retire upon normal service retirement (Rule of
64 or Age 50) may, at their sole .discretion, make an irrevocable election in the
calendar year prior to the calendar year in which the employee severs service from
-38-
the City of Miami to convert any portion of their accumulated vacation time to sick
time at the time of severance of service.*1
19.2 The following will apply to the scheduling of vacation:
A. The vacation time multiplier for scheduling vacations shall be
1.25.
B. Vacation time may not be used in place of sick time unless the
member does not have any sick time in his/her sick time
balance. Base vacation leave shall only be credited based on
actual service in the previous calendar year. Vacation leave
shall be takers i i increments of not less than one-(1)-hour.
C. The Hazardous Materials Team members shall schedule the
vacation under this agreement.
19.3 Vacation shall be taken by the second payroll period following the
last payroll period of the calendar year in which the vacation was credited. If
using the second payroll period causes administrative problems then the parties
will explore other methods of addressing this issue. Forty (40) hour employees (or
48 hour and 52 hour employees) shall only be allowed to carryover two hundred
(200) hours (or 240 hours) of the previous year's credited vacation. Any excess
vacation over the two hundred (200) hours (or 240 hours) automatic carryover not
taken within the payroll calendar year will be forfeited. Employees who were on
disability at the time of their scheduled vacation shall be paid for all excess
vacation over two hundred (200) hours (or 240 hours) at the employee's January 1,
hourly rate of pay following the year the vacation would have been scheduled. If
1 *Any vacation time balances that are concerted to sick time under provisions of Article 19.1.above
shall be added over and above the 1200 hour limitations set forth in Article 44.6
-39-
an employee is unable to take a previously authorized vacation due to cancellation
by his/her Department and the vacation cannot be rescheduled within the payroll
calendar year, any hours in excess of the two hundred (200) hours (or 240 hours)
which would have been forfeited shall be paid for at the employee's January 1,
hourly rate of pay following the year the vacation was scheduled.
ARTICLE 20
OVERTIME
20.1. All authorized hours actually work performed in excess of an
employee's normal work day and in excess of an employee's normal work week
shall be considered overtime work. Employees performing overtime work shall be
paid at the rate of time and one-half at their straight time hourly rate of pay.
20.2. 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 their option, they may accumulate compensatory
time up to a maximum of 200 hours. Prior to November 1 of
each year, the employee may elect to be paid for the full
accumulation of earned time on the last pay day in November
or carry over up to 48 hours for use during the following
calendar year. If the employee elects to carry over up to 48
hours of compensatory leave, any additional balance shall be
paid on the last pay day in November.
B. Employees may schedule up to 48 hours of compensatory time
in conjunction with their vacations.
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C. Compensatory time, which has not been previously. approved,
may be taken off at the sole discretion of the Fire Chief. Denial
of requests to use unscheduled compensatory time shall not be
subject to any grievance procedure.
D. In the event, a state of emergency is declared due to an act of
God and the City Manager grants emergency leave, such leave
shall not be included in determining eligibility for overtime.
The employee utilizing such leave shall be paid straight time
for those hours worked in excess of their normal wort, day t,r in
excess of their normal work week equal to the number of hours
taken as emergency leave, before overtime shall apply.
20.3. The parties agree that overtime hours shall not be used in the
computation of arriving at average earnings for purposes of establishing pension
benefits.
20.4. The parties agree that assignments of overtime work shall rest solely
with the Department Head.
20.5. The parties agree that the assignment of overtime work is on an
involuntary basis and any employee refusing assignments of such work is subject
to disciplinary action as deemed appropriate by the Department Director.
ARTICLE 21
CALL BACK PAY
21.1. All employees covered by the terms of this Agreement who are called
back to work while off duty shall be paid at least three (3) hours minimum, plus
one (1) hour's travel time, at the employee's overtime rate provided by Article 20.
- 41 -
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, the employee shall promptly assign to the
City any witness or deposition fees received, and mileage allowance, if any. This
Article shall not apply in legal dr:1111es where one member of the -bargaining unit
sues another member of the bargaining unit covered by this Agreement.
21.3. Attendance in court in response to a legal order or subpoena to
appear and testify in private litigation, not in. connection to an employee's official
duty, but as an individual, shall be taken as vacation, compensatory leave, or
leave of absence without pay.
ARTICLE 22
WORKING OUT OF CLASSIFICATION
22.1. The City agrees that any person covered by this Agreement who is
required to accept the full responsibilities and carry out the duties of a rank above
that which he normally holds shall be paid at the hourly rate of one (1) step above
his current rate in his regular classification while so acting, provided he works in
that capacity for a minimum of four (4) 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
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which he has Civil Service status. The employee will serve in this capacity for
such periods of time as best suits the needs of the Fire Department as determined
by the Fire Chief or his designee.
ARTICLE 23
HOLIDAYS
23.1. The following days shall be considered holidays:
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Martin Luther King's Birthday
Columbus Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
23.2. Any additional holidays declared by official resolution of the City
Commission shall be added to the above list.
23.3. New Year's Day, Independence Day, Veterans Day, and Christmas
will be on January lst, July 4th, November 11th, and December 25th,
respectively. However, those bargaining unit employees who work 40 hours per
week will observe the above four (4) holidays on the same dates as do the non -
uniformed employees of the City.
23,4, Any employee covered by this Agreement, in pay status, at the time
the holiday occurs, shall, at his option, if assigned to a twenty-four (24) hour shift
(48 or 52 hour work week), 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
- 43
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. It is agreed and understood that premium pay for work performed on
a holiday shall be calculated as one-half of the actual time worked. An employee
who works an eight (8) hour shift on which the holiday occurs, shall receive four
(4) additional hours as premium pay; an employee who works a sixteen (16) hour
shift on a given holiday shall receive 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 Tioliday. The ten (1.0) hours, "plus' the
premium pay as defined above is payable in cash or earned time at the employee's
option according to the following:
Any additional holiday time declared by the City shall be
considered under the holiday option of cash or earned time for
the actual amount of time so declared as holiday; premium pay
shall be calculated as one-half the actual amount of time
worked for such additional holiday time.
ARTICLE 24
EARNED PERSONAL LEAVE (FLOATING HOLIDAY TIME1
24.1 Effective January 1, 2003, earned personal leave shall no longer be
credited to bargaining unit members and shall cease as available leave
time. (Note: earned personal leave incorporated into vacation
leave).
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ARTICLE 25
FAMILY LEAVE AND LEAVES OF ABSENCE
25.1. The parties to this Agreement believe that the terms and conditions
set forth in this Article meet or exceed the requirements specified within the Dade
County Family Leave ordinance and the Family Leave Act of the United States.
In the event that they do not, the Dade County Family Leave ordinance and the
Family Leave Act will supersede these terms and conditions.
25.2. Bnr.gsining unit employees may take a leave of absence without pav„_
not to exceed ninety (90) days during a twelve (12) month period for the birth or
adoption of a child, the serious illness of a family member or the employee's own
serious illness.
25.3. Leave without pay for a seriously ill family member or serious illness
of the bargaining unit employee may be extended beyond the initially approved
ninety (90) days upon approval of the City Manager or his/her designee.
25.4. Bargaining unit employees must have been employed for at least
ninety (90) days to be eligible for leave without pay as specified in Section 25.2.
25.5. Leave without pay for the birth or adoption of a child must be taken
by the bargaining unit employee within one (1) year of the birth or adoption. This
leave does not have to be consecutive, however, such leave may not be taken on a
reduced leave schedule.
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25.6. Leave without pay for a seriously ill family member or because of a
serious illness of the bargaining unit employee may be taken intermittently or on
a reduced leave schedule when medically necessary.
25.7. Upon approval of the Fire Chief, and the City Manager or his/her
designee, a leave without pay may be granted, for the purpose of entering a course
of training or study calculated to improve the quality of the employee's service to
the City through course work directly related to the employee's job, for a period not
to exceed six (6) months. The request for leave without pay may be extended for
an additional six (6) months upon approval of the Fire Chief and the City Manager
or his/her designee. Employees requesting said leave of absence shall be required
to submit evidence of registration upon entering each quarter/semester of school.
25.8. A leave of absence without pay may be granted, for a good reason
other than mentioned herein, for a period not to exceed ninety (90) days. Approval
of said leave is at the sole discretion of the City Manager or his/her designee.
25.9. Bargaining unit employees who desire to take a leave without pay for
any reason specified in this Article (excluding serious health condition) must
exhaust all their vacation leave balances prior to taking a leave without pay. A
request for leave without pay for a serious health condition as provided under the
Family and Medical Leave Act shall require the bargaining unit employee to use
all sick and vacation leave balances prior to taking leave without pay.
25.10. Bargaining unit employees who desire to take a leave without pay for
any reason specified in this Article shall not accrue leave time. At the expiration
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of the leave of absence without pay, the bargaining unit employee shall be
returned to the position or equivalent position vacated when said leave of absence
without pay was granted. Leave of absence without pay during the required
probationary period shall extend the probationary period the length of time used
during said leave of absence without pay.
ARTICLE 26
EDUCATION
26.1. All employees covered by this Agreement, who are ordered to attend
off -duty courses by the Fire Department shall be paid as provided for in Article 20
- Overtime for all time spent in attendance.
26.2. The City agrees to pay full tuition for all courses required for an
Associate Degree in Fire Service Administration and/or Fire Science Technology
provided that prior approval is obtained from the Chief of the Fire Department
and provided that the employee receives a grade of "C" or better.
Employees who fail to satisfactorily complete said training courses in which
they enrolled, shall reimburse the City for tuition advanced in their behalf.
26.3. At the discretion of the Fire Chief, attendance at training courses
while on duty shall be allowed and shall be charged to S.A. time.
26.4. Those employees attending classes paid for by the City shall not draw
supplemental educational benefits from any other source. Should the employee
wish to apply to receive supplemental educational benefits, i.e., GI Bill, he or she
will not receive educational payments from the City.
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ARTICLE 27
BEREAVEMENT LEAVE
27.1. Any employee covered by this Agreement may, in the case of death in
the immediate family, be authorized up to a maximum of forty (40) hours of paid
leave for any death of a member of the employee's immediate family. Said paid
leave days shall be taken consecutively by the employee excluding normal days off
and holidays. The immediate family is defined as father, mother, sister, brother,
husband, wife, children, father-in-law, mother-in-law, grandparents, 'spouse's
grandparents, stepfather and/or stepmother if they have raised the employee from
infancy regardless of place of residence, and may include any other person who
was an actual member of the employee's household for ten (10) or more years
immediately prior to their death. Within thirty (30) calendar clays from the date
the employee returns from bereavement leave, the employee shall, upon request,
file a copy of the death certificate of the deceased family member. Said death
certificate must be attached to a form approved by the Office of Labor Relations
and submitted to the Employee Relations 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
bereavement leave will be subject to disciplinary action up to and including
dismissal.
27.2. It is understood that under certain circumstances the employee may
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
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relationship of the deceased to the employee and/or other information and
documentation as required by the Department of Employee Relations.
27.3. In addition to bereavement leave, at the request of the employee, the
Department Director may authorize the use of accrued vacation or compensatory
le ave.
27.4. Employees on twenty-four (24) hour tour of duty shall be bound by
the above sections except that they may be authorized up to forty-eight (48)
consecutive work hours of duty on leave with pay.
ARTICLE 28
PHYSICAL EXAMINATIONS
28.1. Employees shall be required to take a physical examination 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
28.2. The schedule set forth in Section 28.1. and the content of the present
physical examination shall continue, unless changed by mutual agreement of the
parties.
28.3. The City agrees to provide physicals that are mandated by State or
Federal law, including but not limited to hazardous materials team, technical
rescue team and dive team physicals.
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ARTICLE 29
LOSS OF EQUIPMENT
29.1. A bargaining unit employee shall reimburse the City for the repair or
replacement cost of lost, stolen, or damaged City equipment when the City
demonstrates that the employee's careless and/or negligent act(s) resulted in the
loss, theft, or damage.
ARTICLE 30
BLOOD DONORS
30.1. Employees who volunteer as blood donors to contribute to a City
supported Blood Donor Organization will be authorized the absence necessary to
accomplish this purpose. The Blood Donor Organization's personnel will
determine what amount of time the donor will need from the point of donation till
the City donors are released to go back to work.
ARTICLE 31
SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
31.1. In an effort to identify and eliminate on or off -duty controlled
substance/alcohol abuse, urinalysis/blood tests shall be administered as provided
herein:
Employees refusing to give a blood/urine sample under any of the following
conditions will be dismissed. Employees will be advised of their contractual rights
relative to expedited arbitration.
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RANDOM SUBSTANCE SCREENING
Employees meeting any of the criteria below shall be subject to random substance
screening. Employees who meet any of the criteria below shall be subject to
random substance screenings for a period of one hundred and eighty (180)
calendar days from the date the criteria was met. After the period of one hundred
and eighty (180) calendar days, if and when employees meeting criterion A below
have accumulated above one hundred and fifty (150) hours of sick leave and
employees meeting criterion C or D below have not been late or absent without
-leave (AWOL) fui a one hundred and eighty (180) calendar day period, they shall
no longer be subject to random substance screening, unless they meet the criteria
again in the future. The City shall be limited to a maximum of two (2) substance
screenings in each one hundred and eighty (180) calendar day period the employee
is under random substance screening.
RANDOM SCREENING POOL CRITERIA
A. Probationary firefighters are subject to screening until off probation.
B. Employees assigned to a forty-eight (48) or fifty-two (52) hour work
week with less than one hundred and fifty (150) hours of sick leave
accumulation. Employees assigned to a forty (40) hour week with less
than one hundred and twenty (120) hours of sick leave accumulation.
C. Employees who are absent without leave (AWOL) twice within a one
hundred and eighty (180) calendar day period from the most recent
AWOL if on a forty-eight (48) or fifty-two (52) hour work week or three
-51-
(3) times within a one hundred and eighty (180) calendar day period if
on a forty (40) hour work week.
D. Employees reporting late (including any incidents of absence without
leave) for duty three (3) times within a one hundred and eighty (180)
calendar day period if on a forty-eight (48) or fifty-two (52) hour work
week or five (5) times within a one hundred eighty (180) calendar day
period if on a forty (40) hour work week.
REASONABLE BELIEF'
SUBSTANCE SCREENING CATEGORIES
A. Where a District Chief, or above has a reasonable belief based upon
objective factors that the employee has possession or is using,
dispensing or selling any illegal drug or controlled substance which is
not prescribed by a licensed physician.
B. Following any vehicular accident occurring on -duty, on an off -duty
detail, traveling to or from same, involving employee(s) where a
District Chief, or above has a reasonable belief based upon objective
factors that the involved employee(s) may be under the influence of
alcohol or may have been using, possessing, dispensing or selling
controlled substance, unlawful, mind -altering, or non -physician
prescribed drugs.
C. Where a District Chief, or above has a reasonable belief based upon
objective factors that the employee is under the influence of alcohol
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on -duty, or on an off -duty detail, or traveling to or from same, or while
covered for portal to portal pay for workers' compensation.
SUBSTANCE SCREENING PROCEDURES
31.2. Employees shall give either a blood sample, for suspected alcohol
use or a urine sample for suspected substance abuse as determined by the City at
either a hospital or accredited testing lab, as chosen by the City. The hospital or
accredited testing lab shall include sufficient safeguards to ensure that a proper
chain of ,Qustody is enforced. When a .sample is taken under any of the above
circumstances, a portion of the first sample shall be retained. All positive tests for
a controlled substance, will be confirmed using the employee's separate second
sample if given or the reserved portion of the initial sample, by Gas
Chromatography/Mass . Spectrometry, (G.C.M.S) or better testing. Testing
procedures shall be under a reliable state licensed clinic laboratory.
31.3. Should the employee wish to give a separate second sample it shall
be performed at either a hospital or accredited testing laboratory, as chosen by the
City, within four (4) hours from the time of giving the initial sample. In the event
an employee declines to offer a second sample for the separate second test, or is
unable to give a second sample within the four (4) hour time period, the reserved
portion of the first sample will be utilized. Employees shall be notified of a
positive result within twenty-four (24) hours from receipt of the laboratory reports,
but in no case shall this notice occur more than ninety-six (96) hours after the time
the sample was given. Notice to the employee of the first test being positive shall
be considered to have been served upon the employee by verbal notification or by a
-53-
representative of the Department delivering a notice to the employee's last known
residence as shown on the Department's personnel database.
31.4. If an employee is ordered back to duty for testing, the provisions of
Article 21 (Call Back Pay) will apply.
31.5. Where a bargaining unit member alleges that an order made under
this article is not consistent with the criteria cited herein, he/she shall comply
with the order, and may simultaneously file a protest with the communicator of
the order.
31.6. Disputes arising as to whether there was reasonable belief shall be
arbitrable under the Expedited Arbitration Rules of the American Arbitration
Association. All other issues involving grievances shall be processed as outlined
within Article 15 - Grievance Procedure.
31.7. The employee(s) shall not be disciplined until a positive test result is
communicated to the City. However, if the employee's conduct in connection with
the substance/alcohol abuse amounts to conduct for which the City may otherwise
discipline the employee, the City may take action prior to knowing of a positive
test result.
31.8. The IAFF will be advised of passed or failed tests to the extent that
the releasing of such data is not inconsistent with Federal or State laws regarding
the privacy of said test or if the individual involved does not want his test results
released to the IAFF.
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31.9. The following cutoff concentrations shall be applicable for
determining whether specimens are negative or positive for the following drugs or
classes of drugs for the initial arid confirmatory test procedures. A positive result
shall be a concentration in excess of those listed below. For those "designer drugs"
that are listed below without cut-off levels, the parties agree to test in accordance
with levels specified by Department of Human Services Federal Register, Part III,
if and when it ever becomes available.
Initial Test Level (ng/ml)
Carrn•abinoid (Marijuana) Metabolites 50
Cocaine Metabolites 300
Opiate Metabolites 2,000
Phencyclidine 25
Amphetamines 1,000
Methaqualone 300
Methadone 300
Propoxyphene 304
Tricyclic Antidepressants 300
Designer Drugs:
Ketamine TBD
Methylenedioxymethamphetamine (Ecstasy) TBD
GC/MS Test Level (ng/ml)
Cannabinoid (Marijuana) Metabolites1 15
Cocaine Metabolites2 150
Opiates
Morphine 2,000
Codeine 2,000
6-Acetylmorphines 10
Phencyclidine 25
Amphetamines
Amphetamine 500
Methamphetamine4 500
Methaqualone 300
Designer Drugs:
Ketamine TBD
Methylenedioxymethamphetamine (Ecstasy) TBD
lDelta•9-tetrahydrocannabinol-9-carboxylic acid
2Benxoylecgonine
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3Test for 6-AM when the morphine concentration is greater than or equal to
2,000 ng/ml
4Specimen must also contain amphetamine at a concentration greater than
or equal to 200ng/m1
31.10 Initial test results for alcohol will be considered positive when the
individual's blood alcohol content is 0.04 grams per dl or greater using whole
blood.
31.11 Alcohol related specimens identified as positive by the initial test
shall be confirmed as positive by Gas Chromatography Volatiles Head Space
Method or more reliable testing for whole blood at 0.04 grams per di or greater.
31.12 The cutoff concentrations referenced in this Article may be revised by
mutual agreement when changes in technology allow for reliable testing at lower
concentration levels.
EXPEDITED ARBITRATION
31.13.It is anticipated as soon as possible after ratification of the labor
agreement between the City of Miami and IAFF, Local 587, the President of the
Local and the City Labor Relations Officer will pick two (2) area permanent
umpires to hear employee drug grievances. The two Umpires will alternate
hearing only grievances where the bargaining unit member alleges a violation of
Article 31.1. A, B, or C. Said grievance will be limited to whether or not there was
reasonable belief based on objective factors to require the grievant to take the
Alcohol/Controlled Substance test.
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31.14. Reasonable Belief Substance Screenings shall not be tested if the
employee grieves the test under expedited arbitration until the umpire rules that
there was reasonable belief to test the employee.
31.15. The cost of the Umpires decision will be borne by the employer if the
umpire rules there was not reasonable belief to require the employee to take the
test. If the umpire rules there was reasonable belief to require the employee to
take the test, the Union will pay the cost of the umpire if the Union processed the
grievance. If the grievant processed the grievance on his/her behalf, he/she will
pay the cost of the Umpire..
31.16. It is anticipated that an expedited hearing would be held before the
Umpire under the American Arbitration Association rules of expedited arbitration
and no post hearing briefs would be filed. The drug grievance will be submitted
directly to arbitration and will be heard no later than five (5) calendar days after
the employee was required to take the Alcohol/Controlled Substance test. The
Umpire will rule at the close of the hearing and an oral response from the umpire
will be sufficient to settle the grievance.
31.17. The two Umpires shall serve from year to year and shall be appointed
by a letter jointly signed by the Union President and the Labor Relations Officer..
Should either the City or the Union wish to drop an Umpire the Umpire shall be
notified and the parties shall agree on a replacement. If they are unable to agree,
each party will put two (2) names into a hat and the name drawn will be the
replacement for one (1) year.
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31.18. If the bargaining unit member remains silent and/or does not indicate
that he/she desires the test results in accordance with Article 31.3, it shall be
presumed that he/she has elected to go to expedited arbitration.
31.19. If the employee grieves the test, said grievance must be in writing
and submitted by fax or hard copy to the Labor Relations Office on the same day
as the test or no later than the next regularly scheduled work day of the Labor
Relations Officer. The test sample will be thrown out, if the Umpire rules there
was no reasonable belief to test the employee. If the umpire rules there was
reasonable belief to test the employee, the test sample(s) shall be tested and the
results released as outlined in this article.
REHABILITATION
31.20. In the event that the results of the urinalysis/blood test are positive, the
following criteria will apply:
The employee at his/her own cost shall, within seventy two (72) hours
of a positive test notification (excluding weekends and holidays),
enter and remain in a substance/alcohol program approved by the
City and the Union until the approved program administrator is able
to state that he/she has successfully completed the program,
including aftercare. While in the program, the employee will be
allowed to return to work if the program administrator approves; if
not, the employee may be suspended until the program administrator
approves return to work. Such suspension shall not exceed six
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months. If the employee cannot return to their regularly assigned
position after six (6) months they shall be dismissed. If the employee
does not successfully complete the program including aftercare, he or
she will be dismissed. Employees shall not be permitted to work in
combat positions until program administrators feel certain there is no
possibility they are using drugs and submit this opinion in writing to
the City. If and when the employee successfully completes the in.
patient portion of the program, as determined by the program
administrator, the employee shall be allowed to return to work.
B. Upon being notified of a positive test, the employee will be
immediately relieved of duty. If relieved of duty, the employee, if
eligible, will use all of his/her earned time, vacation time, and sick
time, and then he/she will go off the payroll.
C. If the employee fails to enter, participate in and/or successfully
complete any part of the rehabilitation program, including any after-
care program, the employee shall be terminated from his/her
employment with the City.
D. Effective upon ratification of the labor agreement, employees cleared
to return to work by rehabilitation administrators, shall be subject to
substance screenings at management's discretion for a period of two
(2) years from the date the employee returned to work. The City will
be limited to a maximum of five (5) screenings per twelve (12) month
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period. Employees tested shall be entitled to a second test as outlined
in Article 31.3. Employees who decline to offer a sample shall have
the reserve portion of the first sample utilized as outlined in Article
31.3. Employees who test positive to confirmatory test shall be
terminated from employment with the City.
E. Effective upon ratification of this Agreement, employees will be
entitled to one chance at a successful rehabilitation during their
employment with the City. Employees who have been through at
least one (1) rehabilitation program, who are screened shall be
entitled to a separate second test as outlined in Article 31.3.
Employees whose sample tests positive on confirmatory test shall be
terminated from employment with the City.
ARTICLE 32
HOURS OF WORK
32.1. The work week for twenty-four (24) hour shift employees shall be as
follows: twenty-four (24) hours on duty, forty-eight (48) hours off duty. A day off,
now known as an "R" day, shall be granted once every seven (7) scheduled tours.
This schedule will result in a forty-eight (48)-hour work week. Any changes in this
schedule shall be subject to negotiations between the parties.
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
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official time as provided by the City of Miami unless approved by the Fire Chief or
Deputy Chief.
32.2. Shift employees may work an optional fifty-two (52) hour work week
as follows: twenty-four (24) hours on duty, forty-eight (48) hours off duty, a day
known as an "R" day, shall be granted once every fourteen (14) scheduled tours.
Employees working this schedule shall be paid at the same hourly rate as they
would on a forty-eight (48) work week. Time accumulations shall be based on a
forty-eight (48) hour work week. Only those volunteering for a fifty-two (52) hour
work week shall be assigned to it. The number of positions and seniority bidding
will be negotiated by the parties. Wages shall be those specified in the
appropriate salary schedule contained within this Agreement (See Appendices).
ARTICLE 33
PERSONNEL ALLOCATION
33.1. The City agrees to provide minimum staffing for firefighting
apparatus in active service. In order to provide a minimum level of safety to
personnel in the bargaining unit, apparatus in service shall be staffed with no less
than:
1). 4 persons per aerial unit
2). 4 persons per quint unit
3). 4 persons per pumper unit
4). 3 persons per rescue unit
5). 1 person per air truck
33.2. If, in the future, new types of apparatus are placed in service, which
are not covered above, the City and the Union will meet to negotiate a minimum
staffing level for the new types of apparatus. If agreement is not reached within
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thirty (30) days, the dispute shall be submitted to arbitration consistent with the
grievance procedure contained in Article 15.
33.3. The Union agrees that this article has no effect on the City's rights
under Article 6, Management Rights, except as outlined above. Specifically, the
City has the sole authority, whether exercised or not, to determine the number
and kinds of firefighting/rescue apparatus needed to fulfill the Fire Department's
mission. Such Management decision will not be grievable or arbitrable.
ARTICLE 34
EMPLOYEE RIGHT TO ttEPRESEN"Y`A'1i`IOtN T
34.1. 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 applicable administration processes, any overtime
shall be forfeited in addition to any penalty imposed for the
- 62 -
violation. If it occurs while on duty, a commanding officer or a
supervisor of the accused shall be notified of the interrogation.
(b) If the interrogation is conducted by or for the Department, it
shall take place in the Miami Fire Department building. If the
interrogation is to be conducted by or for another investigating
City agency, it shall be conducted at either the investigative
agency's City office or at the Miami Fire Department.
(c) The accused, shall be informed of the rank, name, and
commai,d 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 andthrough one interrogator at any one time.
(d) The accused shall be informed of the nature of the
investigation prior to any interrogation, and given the names
of all known complainants.
(e) Interrogations shall be for reasonable periods and shall be
timed to allow for such personal necessities and rest period as
are reasonably necessary.
(f) The accused shall not be subjected to abusive or offensive
language or threatened with transfer, dismissal, or other
disciplinary actions. No promise, reward, threat, or action
shall be made as an inducement to answering any questions.
(g) The complete interrogation including when recesses are taken
shall be recorded, and there shall be no unrecorded questions
or statements.
(h) The accused shall not be obligated into giving a second
statement concerning the same facts elicited in an original
interrogation. This will not preclude an investigator from
asking questions at a later time, that were not covered by the
first statement.
No mechanical device, including, but ssotr-linxr1ed to, polyp: aph,
psychological stress evaluator, et al., shall be forced onto an
accused, nor shall disciplinary action be taken against an
accused who refuses to submit to such testing.
(j) If the accused is under arrest, or is likely to be arrested as a
result of the interrogation, he shall be fully informed of his or
her legal rights prior to any interrogation.
(k) At the request of the accused, he or she shall have the right to
be represented by counsel or any other representative of his or
her choice during the entire interrogation.
(1) Where an attorney or employee representative is requested but
cannot be present within four (4) hours of notification, the
employee shall be required to obtain another employee
representative or counsel. When an employee representative
or counsel is present, he shall be only an advisor and shall not
have the right of cross-examination.
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34.2. The above shall not, apply to investigations and review of infractions
of non -criminal City and Departmental Rules and Regulations provided, however,
any employee covered by this Agreement who is disciplined as the result of the
alleged violation of City or Departmental Regulations, Rules or Policies shall have
the right to have Union representation present if he or she desires it. If such
meeting occurs between 9:00 a:m. and 5:00 p.m. on normal Monday through
Friday business days the employee shall be allowed two (2) hours to have Union
representative present. If such meeting occurs at times other than, those
described above, +11.o.. emmployee 92ha1' be a11owed. folzr- (4) hcurc to secure Union
representation. The Union representative shall be an advisor to the employee and
shall not have the right to cross-examination.
ARTICLE 35
RESIDENCY
35.1. It is agreed that while residency is not a condition of employment a
candidate that is otherwise qualified may be given, at time of hire, preference for
employment in order of domicile as follows: (1) City of Miami resident, (2) Dade
County resident, (3) resident outside of Dade County.
ARTICLE 36
SHIFT STRENGTH
36.1. Effective upon ratification of the labor agreement the department
shall maintain a minimum of one hundred forty three (143) uniform personnel on
duty per shift, which also includes one (1) Air Truck Driver, Car 74, and FCIO.
- 65 -
36.2. As new apparatus are placed into service, the minimum shift
strength requirement as set forth above will be automatically increased in
accordance with Article 33 Personnel Allocation.
ARTICLE 37
STATION COMMANDERS
37.1. All Station Commanders shall receive a one percent (1%) increase in
wages. Openings for Station Commander after this Agreement becomes effective
shall be filled in the following order:
A. The senior in grade Captain assigned to the station requesting
the assignment.
B. If no requests are made, the least senior in grade Captain
assigned to the station shall be the Station Commander.
ARTICLE 38
TOTAL AGREEMENT
38.1. 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, the Mayor, or the City Commission during
the life of this Collective Bargaining Contract.
ARTICLE 39
REPRESENTATION OF THE CITY
39.1. The City shall be represented by the City Manager, or an individual
designated in writing to the Union by the City Manager. The City Manager shall
- 66 -
have authority to execute an Agreement on behalf of the City upon being directed
by an official resolution of the City Commission.
39.2. It is understood that the City representative or representatives are
the official representatives of the City for the purpose of negotiating with the
Union. Negotiations entered into with persons other than those as defined herein,
regardless of their position or association with the City, shall be deemed
unauthorized and shall have no weight of authority in committing or in any way
obligating the City.
ARTICLE 40-
REPRESENTATION OF THE UNION
40.1. , The bargaining unit shall be represented by the President of the
Union or by a person or persons designated in writing to the City Manager or his
designee by the President of the Union. The identification of representatives shall
be made each year prior to April 1.
40.2. The President of the Union, or the person or persons designated by
said President, shall have full authority to conclude a collective bargaining
agreement on behalf of the Union subject to a majority vote of those bargaining
unit members voting on the question of ratification.
40.3. It is understood that the Union representative or representatives are
the official representatives of' the Union for the purpose of negotiating with the
City. Such negotiations entered into with persons other than those as defined
herein, regardless of their position or association with the Union, shall be deemed
- 67 -
unauthorized and shall have no weight or authority in committing or in any way
obligating the Union.
40.4. It shall be the responsibility of the Union to notify the. City Manager
or designee in writing of any changes in the designation of the President of the
Union or of any certified representative of the Union.
ARTICLE 41
AGREEMENT IN THE EVENT OF TRANSFER
41.1. The City agrees that in the event of a transfer of the Fire Department
or its functions to Miami -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 42
SAVINGS PROVISION
42.1. If this Agreement or any provision, section, subsection, sentence,
clause, phrase or word of this Agreement is declared invalid by a court of
competent jurisdiction, the remainder of the Agreement shall remain in full force
and effect. The parties will meet, promptly, to negotiate replacement language in
accordance with Chapter 447, Part II, Florida Statutes.
ARTICLE 43
PENSION
43.1. Employee pension contributions
A. Effective the first full pay period following October 1, 1999, employee
contributions will be reduced to seven percent (7%).
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B. In future years, employee contributions to fund pension benefits shall
be seven percent (7%) or equal to the City's contribution, whichever is
less.
43.2. Individual Contribution Accounts (ICA's)
A. Should the employee contribution be less than seven percent (7%),
the difference between the seven percent (7%) and the actual
contribution shall be deducted from the employee's paycheck and
placed into an individual contribution account, as part of the FIPO
Trust. Individual Pentrib»tion accounts shall be est hlished as
allowed by the IRS Code. Only if it is found that the IRS Code does
not allow for an individual account, the reduction in contribution
shall be reflected in the employee's paycheck.
1. Earnings: Interest on ICA's shall be determined in the same
manner as the COLA transfer methodology. Interest shall be
credited periodically to the ICA's as determined by the FIPO
Board's actuary, but not less than once a year.
2. Disbursements: Employee contributions and earnings in ICA's
shall be deemed one hundred percent (100%) vested upon
deposit. Upon the employee's separation, ICA balances shall
be disbursed as provided under the IRS Code. Disbursement of
ICA funds may only occur upon separation or as mandated
under the IRS Code.
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43.3. Eligibility Rule of 64 - An employee may elect service retirement on the
basis of his or her combined age and creditable service equaling sixty-four (64),
provided the employee has reached minimum vesting requirements.
43.4. Employees eligible for service retirement under Section 40-203 of the Miami
City Code shall be entitled to:
A. Retirement Allowance.
1. Effective October 1, 1998, an employee shall be entitled to
receive a retirement allowance equal to three percent (3%),
times years of creditable service of the employee's average final
compensation for the first fifteen (15) years of service and 3.5%
for each year of service in excess of fifteen (15) years of service.
2. Upon ratification of the labor agreement employee retirement
allowances shall not exceed one hundred percent (100%) of the
employee's final average compensation.
43.5. Deferred Retirement Option Plan (DROP) - The DROP of the Retirement
System shall consist of a Forward DROP and Benefit Actuarially Calculated
DROP (BACDROP).
GENERAL PROVISIONS
A. Eligibility
1. Any firefighter who has reached age fifty (50) with ten (10)
years of creditable service, or who has attained a combination
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of age plus years of creditable service equal to sixty-four (64),
shall be eligible to participate in the DROP.
B. Election to participate
1. Upon election of participation in the DROP, by using forms and
procedures as prescribed by the Board of Trustees, a
firefighter's creditable service, accrued benefits, and
compensation calculation shall be frozen and shall be based on
the single highest year preceding participation in the DROP, as
the basis of calculating the DROP payment. Upon
commencement of participation in the DROP, the employee
contribution and the City contribution to the Retirement
System for that employee shall cease, as the employee will be
earning no further service credit. The employee shall not
acquire additional pension credit for the purposes of the
pension plan but may continue City employment for up to a
maximum of forty-eight (48) months.
C. Maximum participation
1. The maximum period of participation in the DROP, is forty-
eight (48) months. Once the maximum participation has been
achieved, the bargaining unit member must terminate
employment, except that those bargaining unit members who
are in the DROP as of the ratification of the agreement
covering the period of October 1, 2001, through September 30,
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2004, will be allowed to extend their DROP to a maximum of
48 months.
. Creation of individual account
1. For each person electing participation in the DROP, an
individual account shall be created.
E. Earnings on DROP account
1. The Board of Trustees of the Retirement System shall
establish, by administrative rule, a series of investment
vehicles, which may be chosen by participants in the DROP.
Any losses incurred on account of the option selected by the
participant shall not be made up by the City of Miami or the
FIPO trust fund, but any such loss shall be borne by the
participant only. Upon participation in the DROP, the member
shall make a selection of the earnings program on forms
provided by the board. All interest shall be credited to the
employee's DROP account.
F. Distribution of DROP benefits
1. Upon conclusion of a period of participation in the DROP not to
exceed the maximum set forth in Section 43.5. C, the member
shall terminate employment. Upon termination of
72
employment, a member may receive payment from the DROP
account in the following manner:
a) Lump sum distribution;
b) Periodic payments;
c) An annuity;
d) Rollover of the balance to another qualified retirement
plan.
2. A member may defer payment until the latest date authorized
by Section 401(a)(9) of the Internal Revenue Code.
G. Disability or Death during DROP participation
1. Disability - A DROP participant shall not be entitled to receive
an ordinary or service disability retirement.
2. Death - In the case of the death of a DROP participant, there
shall be no accidental death benefit for pension purposes.
This article shall not affect any other death or disability benefits
provided to a firefighter under federal law, state law, City ordinance,
or this Agreement.
H. COLA participation
1. Eligibility for payments for cost of living adjustment (COLA)
shall not commence until a member has actually separated
from employment with the City. COLA service years shall be
based upon creditable years of service in calculating the
employee's pension. For the purpose of complying with. Section
H(3)(m) of the Amended Final Judgment in Gates, the
employee's "Date of Retirement" shall be the date of actual
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termination of employment as a firefighter with the City of
Miami and not the date of election to DROP.
Any employee who enters into a DROP agreement shall be bound by
the terms and conditions of that said agreement, except as specified
under Section 43.5. C, above.
43.6. FORWARD DROP
A. The date of entry into the FORWARD DROP shall be the beginning of
a pay period. Payment shall be made by the retirement system into
the employee's DROP account in an amount equal to the regular
monthly retirement benefit, which the member would have received
had the member separated from service and commenced the receipt of
benefits from the system. The amount of the monthly benefit shall be
determined based on the creditable service, average final
compensation, and retirement option selected in accordance with
Section 40-203(m) of the Miami City Code. Upon conclusion of a
period of participation in the DROP not to exceed the maximum set
forth in Section 43.5. C, the member shall terminate employment
with the City of Miami.
B. Election of a FORWARD Drop Program precludes participation in a
BACDROP Program.
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43.7. BACDROP
A. Eligibility: Effective upon ratification of the labor agreement an
employee may elect to BACDROP to a date no further back than the
date of their retirement eligibility date. The BACDROP period must
be in twelve (12) month increments, beginning at the start of a pay
period, not to exceed forty eight (48) months. Participation in the
BACDROP does not preclude participation in the FORWARD Drop
program.
B. The benefits for purpose of the BACDROP will then be actuarially
calculated to be the equivalent to the benefit earned at the date of
retirement. Said calculation will consist of the present value of
benefits being equal to the actuarially reduced benefit, plus a lump
sum with interest, as determined by the Pension Board's actuary.
Employee contributions will not be returned for the periodof time
covered by the BACDROP Program.
C. Lump Sum. The lump sum as calculated by the Board's actuary will
be based on the assumed investment return of the fund without
discount for mortality and deposited into the newly created DROP
account.
43.8. Investment Expenses: Effective as of the actuarial valuation for October 1,
1998, the investment return assumption shall be net of any investment expense
assumption.
-75-
43.9. Leave Balance Payoff Options. Employees electing to retire may select one of
the two following leave balance payoff options:
A. Payment of leave balances upon retirement as currently specified
under the labor agreement and/or leave payoff practices.
B. The City shall fund up to a maximum of three (3) whole creditable
service years for the employee based upon the value of the employee's
available leave balance at time of retirement less required
withholding taxes at present value as actuarially determined for each
individual employee. Employees may also purchase three (3) whole
creditable service years by payment of cash to the Pension Trust or a
tax qualified transfer of funds from a members 457 Deferred
Compensation -Plan at present value as actuarially determined for
each individual employee. In no case shall a member purchase more
than three (3) years of service through any combination of the above
provisions. The hourly rate for calculation of the leave balances shall
be as specified under the labor agreement and or leave payoff
practices. The purchase of service years under this option may not be
utilized for service/Rule of 64 retirement eligibility.
C. Effective October 1, 2007, the purchase of creditable service will be
allowed only immediately prior to retirement including those
members electing to participate in either the Forward or BACDROP.
43.10. Balance Transfers.
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Members may elect to transfer funds from their account in the Miami
Firefighters' Relief & Pension Fund (175) to the FIPO Trust to
purchase the allowed time described in Article 43.9. This provision
shall also be allowed for those members electing to participate in the
DROP plan (both forward and BACDROP). The pension ordinance
shall be modified to reflect this change.
B. The rollover of DROP funds into the Miami Firefighters' Relief &
Pension Fund (175) shall be allowed if rollovers of this type are
approved by the Miami Firefighters' Relief & Pension Fund (175)
trustee board.
43.11. Pension Stabilization...
A. The Union and the City agree to pursue, the creation and implementation
of a funding plan for the FIPO retirement system. The goal of such
funding plan is the long term stabilization (no less than ten (10) years) of
the City's general fund contribution to thirty seven (37)% or less of
pensionable payroll by September 30th of each year. If the City's
contribution is less than 34%, the excess dollars should go to fund the
pension stabilization fund until such time as the actuaries determine the
Pension Stabilization Fund is considered reasonably actuarially sound to
stabilize the .City's contribution for 10 years.
B. In addition, the City shall establish a manner to ensure that the
appropriate dedicated funds are reserved with the intent to stabilize the
-77-
City's annual pension contribution. It is agreed that these monies will be
in Trust with the sole purpose of stabilizing the City's annual pension
contributions.
C. If the City's actuary and the FIPO Board actuary agree that the goal is
met by the deadlines, as outlined below, then sections D, E, F or G below
will not apply. If there is a dispute on whether or not the goal was met in
a timely manner, the dispute shall be resolved by using the same method
as outlined in Article 43.12. However, the timeframes outlined in Article
43.12 shall be as follows:
1. If the City's actuary and the FIPO board's actuary cannot agree
within thirty (30) days they shall select an Independent Actuary.
2. If the parties are unable to select an Independent Actuary within
fifteen (15) days, the American Academy of Actuaries shall appoint
one. If any actuary selected is unacceptable to both parties due to
excessive expense, conflict, or other good cause, the above time
frames shall be extended by fifteen (15) days to accommodate the
selection of another actuary.
3. It is the intent of the parties to resolve this issue within three (3)
months of the first actuarial submission. The parties agree, the
actuary may allow either party for good cause to extend for another
thirty (30) days.
- 78
During the dispute resolution the parties agree that the appropriate
Section (D, E or F) shall be implemented as if the goal had not been
achieved in a timely manner. However, if the independent actuary rules
that the goal was met, as outlined in Section A, the members shall be
reimbursed by the City for any increased contributions or wage loss,
D. If this goal is not met by September 30, 2008, the Union agrees that their
Pension contribution shall increase by one (1)% to a total of no more than
eight (8}%.
E. If this goal is not met by September 30, 2009, the Union agrees that their
Pension contribution shall increase by one (1)% to a total of no more than
nine (9)%, and the Rule of 64, as outlined in 43.5(A), shall be changed to a
Rule of 68.
F. If this goal is not met by September 30, 2010, the Union agrees that their
Pension contribution shall increase by one (1)% to a total of no more than
ten (10)%, and the calculation of average final compensation shall be
changed from one (1) year to two (2) years.
G. If the increase in pension contributions is determined to be in violation of
Chapter 175 FS, then the wages of the bargaining unit members shall be
reduced at the same time, manner, and amount as stated above, and no
increase in pension contributions shall be made.
43.12. Funding of Pension.
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A. Normal Cost:
1. In regards to Normal Cost calculations, if the City's actuary
and the FIPO board's actuary cannot agree to the Normal
Costs as outlined in Gates within ninety (90) days of the first
submission of actuarial calculations they shall select an
Independent Actuary.
2. If the parties are unable to select an Independent Actuary
within forty five (45) days, either party shall have the right to
have the American Academy of Actuaries appoint one. If any
actuary selected is unacceptable to both parties due to
excessive expense, conflict, or other good cause, the above time
frames shall be extended by forty five (45) days to
accommodate the selection of another actuary.
3. It is the intent of the parties to resolve normal cost issues
within nine (9) months of the first actuarial submission. The
parties agree, the actuary may allow either party for good
cause to extend for another ninety (90) days.
ARTICLE 44
SICK TIME
44.1 Sick time will be granted at the rate of ten (10) hours per month for
48 and 52 hour a week employees and eight (8) hours for 40 hour a week
employees.
- 80 -
44.2 Up to forty-eight (48) hours of Sick Time (40 hours for 40-hour
employees) may be used for the illness of an employee's qualified family member.
An employee's Sick time may be used for the illness of a family member in excess
of forty-eight (48) hours (40 hours for 40 hour employees) for a long term serious
health condition with the recommendation of the Fire Chief and approval of the
City Manager or his designee. This is in addition to any benefits afforded under
Article 25 of this agreement.
44.3 After the accumulation of six hundred (600) hours (four hundred
and eighty (480) hours for forty (40) hour week employees) of sick leave, further
accumulation shall at the employees option, be:
Option 1 - Added to the employees sick time bank
Option 2 - Paid for all sick leave hours in excess of sixty (60) hours annually
(forty eight (48) hours for forty (40) hour week). Time earned for
each calendar year shall be paid the first full pay day in
February.
Option 3 - 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.
44.4 Employees covered by this Agreement who retire after October 1,
1993 shall be paid for one hundred percent (100%) of accumulated sick leave up to
twelve hundred (1200) hours and fifty percent (50%) of accumulated sick leave
above twelve hundred (1200) hours. Employees whose sick leave payoff was
limited to fourteen hundred and forty (1440) hours shall have the option of
-81 -
keeping the fourteen hundred and forty (1440) hours limit or selecting the twelve
hundred (1200) hours limit with payout at one hundred percent (100%) and fifty
percent (50%) of accumulated sick leave above twelve hundred (1200) hours.
Employees working less than forty-eight (48) hours per week shall have their sick
leave converted accordingly.
44.5 Employees who are eligible for retirement may, at their sole
discretion make an irrevocable election in the calendar year prior to the calendar
year in which the employee severs service with the City of Miami to convert any
portion of their accumulated sick time to vacation time at the time of severance of
service. The conversion of sick time to vacation time shall be at the rate of one
hundred percent (100%) of accumulated sick leave up to twelve hundred (1200)
hours and fifty percent (50%) of accumulated sick leave above twelve hundred
(1200) hours.
44.6 Effective upon implementation of the Retiree Health Plan,
employees covered by this Agreement shall be credited for one hundred percent
(100%) of accumulated sick leave up to twelve hundred (1200) hours* 1 and fifty
percent (50%) of accumulated sick leave above twelve hundred (1200) hours at
time of severance of service with the Department.* 4
* 1 & 4 Any vacation time balances that are converted to sick time under provisions of Article 19.1 shall be
added over and above the 1200 hour limitations set forth here in Article 44.6.
- 82 -
ARTICLE 45
TUITION REIMBURSEMENT
45.1. It is agreed between the parties that, effective upon ratification of the
labor agreement, a tuition reimbursement program designed to encourage
bargaining unit members to improve their job performance and increase their
value to the City by pursuing courses of study related to their job duties at Miami -
Dade County, Broward County or other approved County educational institutions
shall be established. Other educational programs may be covered, provided the
City and the Union mutually agree upon the inclusion of the educational program.
45.2. Any full-time sworn, permanent bargaining unit members shall be
eligible to participate in the Tuition Reimbursement Program. Tuition
reimbursement provided under this Article shall not be subject to budgetary
constraints.
45.3. All course work must be taken at or from an 'accredited college,
university, or educational institution approved by the City Manager or the Labor
Relations Officer. Course work taken under provisions of this Article must be
directly related to the bargaining unit member's job duties. Class attendance will
be on the bargaining unit member's own time unless otherwise noted in the course
announcement and authorized by the City Manager or the Labor Relations Officer.
45.4. Effective upon ratification of the labor agreement reimbursement will
be limited to lab fees, books, and tuition costs up to a maximum of $1000 in a
calendar year. The reimbursement limitations specified in this Article do not
apply to the educational reimbursement specified in Article 26- Education.
- 83 -
45.5. To be eligible for reimbursement, the bargaining unit member's must
successfully complete the course work and provide evidence of successful
completion to the City. Successful completion must be evidenced by a grade of "C"
or better.
45.6. Procedures for reimbursement will be as follows:
A. The bargaining unit member must obtain three (3) copies of
the Application for Tuition Reimbursement form for each
course from his department or the Human RcsoL ices
Dep artment.
B. The bargaining unit member must complete the application in
triplicate and submit it to the Fire Chief prior to registration at
the education institution.
C. The Fire Chief will then review the application and if approved
forward the original and one (1) copy to the Human Resources
Department. If the application is disapproved, it is then
returned to the bargaining unit member by the Fire Chief.
D. The Human Resources Department has the authority to
approve or disapprove the application, and applications not
approved will be returned to the Fire Chief with the reason for
rejection noted thereon.
45.7. In the event the bargaining unit member resigns or is terminated
from the City within one (1) year following completion of the .course(s) for which
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City funds have been expended, the amount of tuition reimbursement paid to the
bargaining unit member will be reimbursed to the City by the bargaining unit
member upon his termination from the City through a deduction from his final
paycheck.
45.8. Upon completion of the course work, the bargaining unit member
must submit his semester grade report together with the tuition fee receipt to the
Fire Chief. The Fire Chief will submit the approved application for tuition
reimbursement along with the bargaining unit member's semester grade report to
the Finance Department who shall then reimburse the bargaining unit member
for the City's share of the tuition reimbursement. The Fire Chief will advise the
Human Resources Department of the employee's satisfactory completion of the
course.
ARTICLE 46
BARGAINING UNIT MEMBERS KILLED IN THE LINE OF DUTY
46.1. Any full-time Bargaining Unit Member who is killed while in the
performance of his or her official duties or who subsequently dies from injuries
within twelve (12) months of the incident from his or her wounds shall be given a
promotion to the rank of Battalion Chief. Leave balances will be paid off at the
hourly rate of the newly promoted rank. The beneficiary of the deceased shall
receive a sum of $200,000 from the City upon said bargaining unit member's
death. Application shall be made to the City for payment of such death benefits.
- 85 -
ARTICLE 47
RETIREE HEALTH PLAN
47.1. The parties agree that the union will establish the Miami Association
of Fire Fighters IAFF Local 587 Retiree Health Plan ("RHP") consistent with
current IRS Rules and Regulations.
47.2. Eligibility for membership, taxability, funding, and administration of
the RHP, including Board of Trustees composition and investment policy will be as
outlined in the RHP Plan Document and/or Trust Agreement.
47.3. Effective October 1, 2008, the City shall make an annual contribution
of $325,000 towards the Retiree Health Trust in order to fund post employment
health benefits for current active members. Benefits shall be determined by the
Retiree Health Trust Board in accordance with the IRS Rules and Regulations.
47.4. It is the intent of the parties that upon severance of service from the
Department all members will have their sick leave balances calculated at their
rate of pay at time of severance and transferred to their Individual Plan accounts.
47.5. The parties agree that any losses, charges or expenses incurred by
the participant in the RHP will be borne by the participant and shall not be made
up by the City of Miami, the IAFF or the RHP.
ARTICLE 48
TERMINATION AND MODIFICATION
48.1 After a majority vote of those bargaining unit members voting on the
question of ratification, and thereafter upon its ratification by an official resolution
of the City Commission ratifying the Agreement and authorizing the City
Manager to sign the Agreement on behalf of the City, then the Agreement, upon
being signed by the appropriate Union representative and the City Manager, shall
- 86 -
become effective October 1, 2007, except where otherwise stipulated. This
Agreement shall continue in force until September 30, 2010.
48.2. On or before May 1, 2010, the Union shall notify the City in writing
of its intention to renegotiate the Agreement in force and attached thereto shall
include a list of proposals which shall . inform the City of the items which they
desire to negotiate, together with specific language describing its proposals. The
changes indicated in the proposals shall be designated with a strike through of
deleted language and new language will be underlined.
48.3. On or before May 1, 2010, the City shall present the Union with a list
of proposals it desires to negotiate together with specific language describing its
proposals. The changes indicated in the proposals shall be designated with a
strike through of deleted language and new language will be underlined.
48.4. Initial discussions shall thereafter and no later than June 1, 2010, be
entered into by the City and the Union.
48.5. Such discussions shall be concluded by the signing of a proposed
agreement pursuant to Florida law.
Agreed to this day of , 2007, by and
between the respective parties through an authorized representative or
representatives of the Union and by the City Manager.
- 87 -
ATTEST: INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, AFL-CIO, LOCAL 587
President
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
CITY CLERK
APPROVED AS TO FORM
AND . 0 ' R ` C NESS
ATTORNEY
City Manager
88
Firefighter
6
Starting Months
2.5%
Step 1
Step 2
Year
1
2.5%
Step
3
Firefighter
Year 1 Year 2
+ 6 Year + 6 Year
Months 2 Months 3
2.5%
Step 4
Firefighter
5.0%
After
Year
10
After
Year 11
2.5%
Step
5
After
Year
12
2.5%
Step 6
Firefighter
After
Year 13
2.5%
Step
7
After
Year
14
APPENDIX "A"
EFFECTIVE OCTOBER 1, 2006
Firefighter Salary Schedule
STEPS
i� Firefighter l._ Firefighter Firefighter
Year 3 Year 4 Year 5 Year 6
+ 6 Year + 6 + 6 + 6
Months 4 Months Year 5 Months Year 6 Months Year 7
2.5% i 2.5% 2.5% 2.5%
2.5%
Step 8
2.5%
2.5%
Step
9
2.5%
Step 10
2.5%
Step
11
LONGEVITY
Firefighter
After
Year 15
Officer
Officer
Officer
Offis
Starting
6
Months
Year
1
Year 1
+ 6
Months
Year
2
Year 2
+ 6
Months
Year
3
2.5%
2.5%
2.5%
2.5%
2.5%
2.5%
Step 1
Step 2
Step
3
Step 4
Step
5
Step 6
Step
7
Officer
5.0%
After
Year
10
After
Year 11
After
Year
12
Officer
After
Year 13
After
Year
14
2.5%
After
Year
16
After
Year 17
After
Year
18
Step
Step 12 13
Firefighter
After
Year 19
Officer Salary Schedule
STEPS
;er
Year 3
+ 6
Months
2.5%
Step 8
Officer
Year
4
2.5%
Step
9
Officer
2.5%
After
Year 15
2.5%
After
Year
16
Year 4
+ 6
Months
2.5%
Step 10
Officer
Year 5
2.5°%
Step
11
LONGEVITY
I Officer
After
Year 17
After
Year
18
5.0%
After
Year
20
Step 14
2.5%
After
Year 21
Officer
Year 5 t
+ 6
Months Year 6
2.5% 3.0%
Step
Step 12 13
Year 6
+ 6
Months
3.0%
Step 14
Step
15
Firefighter
After
Year
22 ,
Firefighter
Year 7
+ 6
Months Year 8
2.5%
Step 16
After
Year 23
Officer
Year 7
3.0%
Step
15
Year 7
+ 6
Months
3.0%
Step 16
2.5%
Step
17
After
Year
24 _
Firefighter
Year 8
+ 6
Months
Officer
Year 8
3.0%
Step
17
Officer
5.0%
After
After i Year
Year 19 ! 20
Officer
2.5%
After
Year 21
After
Year
22
Officer
After
Year 23
After
Year
24
Year 8
+ 6
Months
3.0%
Step 18
Year f
2.5%
Step
18
Officf
Year
2.5%
Step
19
- 89 -
INDEX
ARTICLE PAGE
AGREEMENT ... 1
AGREEMENT IN EVENT OF TRANSFER 41 68
APPENDIX A
89
BARGAINING UNIT MEMBERS KILLED IN
THE LINE OF DUTY 46 S5
BLOOD DONORS .
30 50
BULLETIN BOARDS 11 12-13
CALL BACK PAY 21 ,41-42
BEREAVEIVLENT LEAVE ..._ 27 48-49
DISCRIMINATION 4 5
EARNED PERSONAL LEAVE (FH TIME) 24 44
EDUCATION 26 47
EMPLOYEE RIGHT TO REPRESENTATION 34 62-65
FAMILY LEAVE AND LEAVES OF ABSENCE 25 45-47
GRIEVANCE PROCEDURE 15 20-26
GROUP INSURANCE 17 28-31
HOLIDAYS 23 43-44
HOURS OF WORK 32 60-61
INDEX 90-91
LINE OF DUTY INJURIES 12 13-18
LOSS OF EQUIPMENT 29 50
MANAGEMENT RIGHTS 6 6-7
NO STRIKE 2 1-2
NOTICES 8 8
OVERTIME 20 40-41
- 90 -
ARTICLE PAGE
PENSION 43 68-80
PERSONNEL ALLOCATION 33 61-62
PHYSICAL EXAMINATIONS 28 49
PREVAILING BENEFITS 5 6
RECOGNITION 1 1
REPRESENTATION OF THE CITY 39 60-67
REPRESENTATION OF THE UNION 40 67-68
RESIDENCY 35 65
RETIREE HEALTH PLAN 47 86
SAFETY COMMITTEE ,„� 13 18-19
SAFETY SHOES 16 26-27
SAVINGS PROVISION 42 68
SHIFT EXCHANGE 9 8-9
SHIFT STRENGTH 36 65-66
SICK TIME 44 80-82
SPECIAL MEETINGS 14 19-20
STATION COMMANDERS 37 66
SUBSTANCE/ALCOHOL -
PERSONNEL SCREENING 31 50-60
TERMINATION AND MODIFICATION 48 86-88
TOTAL AGREEMENT 38 66
TUITION REIMBURSEMENT 45 83-85
UNION BUSINESS 3 2-5
UNION REPRESENTATIVES 7 7
VACANCIES - PROMOTIONS 10 9-12
VACATION TIME 19 38-40
WAGES 18 31-38
WORKING OUT OF CLASSIFICATION 22 42-43
-91 -