HomeMy WebLinkAboutExhibitAGREEMENT
THIS AGREEMENT is entered into by the CITY OF MIAMI, FLORIDA, a municipal
corporation, hereinafter referred to as the City, d 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 teii is 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.
City Proposal 8/22/2011
Tentative Agreement — Date:
it- 00.990- Exhibit
2
ARTICLE 2
NO STRIKE
Union Proposal
July 13, 2011
3 2.1. "Strike" means the concerted failure to report for duty, the concerted
4 absence of employees from their positions, the concerted stoppage of work, the
5 concerted submission of resignations, the concerted abstinence in whole or in part
6 by any group of employees from the full and faithful performance of their duties of
employment with the City, participation in a deliberate and concerted course of
8 conduct which adversely affects the services of the City, or picketing in furtherance
9 of a work stoppage either during the term of the Collective Bargaining Agreement
10 or after the expiration of a Collective Bargaining Agreement.
11 2.2. Neither the Union, nor any of its officers or agents, nor members
12 covered by this Agreement, nor any other employees covered by this Agreement,
13 will instigate, promote, sponsor, or engage in any strike, sympathy strike,
14 slowdown, concerted stoppage of work, picketing in support of a work stoppage, or
15 any other activity which prohibits an employee from reporting for duty.
Tentative Agreement: Cityh1 Date 7
Uni ate 7�3/ 1/
Union Proposal
July 13, 2011
1 ARTICLE 3
2 UNION BUSINESS
3 An employee organization time pool is hereby authorized subject to the following:
4 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
6 during the term of this Agreement. All unused hours will be carried over to the following
7 fiscal year.
8 3.2. For each bargaining unit member, except the Employee Organization
9 President and designee on full time release, who is authorized to use time from the time
10 pool, the President or his designee shall fill out the appropriate form as provided by the
11 City. This form shall be processed through channels of the bargaining unit member who
12 is to use the pool time. The form will be processed as soon as possible and when possible
13 will be in the office of the Fire Chief seven (7) calendar days prior to the time the
14 employee has been authorized to use the pool time.
15 3.3. Bargaining unit members shall be released from duty on pool time only if
16 the needs of the service permit, but such release shall not be unreasonably denied. If
17 because of the needs of the service a bargaining unit member cannot be released at the
18 time desired, the Employee Organization may request an alternate bargaining unit
19 member be released from duty during the desired time.
20 3.4. Employee Organization Time Pool hours will be used on an hour for hour
21 basis, regardless of the hourly rate of the bargaining unit member using Time Pool time.
22 Effective October 1, 2006, the hours used by the Employee Organization President while
23 released from duty shall no longer be charged against the Employee Organization Time
Tentative Agreement: City )ri ill DateII/11 UnkTi5ate 7/3/1/
Union Proposal
July 13, 2011
24 Pool Bank.. In reporting a bargaining unit member's absence as a result of utilizing the
25 Organization Time Pool, the daily attendance record shall reflect:
26 "John Doe on EUP" (Union Time Pool)
27 3.5. Any injury received or any accident incurred by a bargaining unit member
28 whose time is being paid for by the Employee Organization Time Pool, or while engaged
29 in activities paid for by the Employee Organization Time Pool, except the Employee
30 Organization President and the designee when on full-time release, shall not be
31 considered a line -of -duty injury, nor shall such injury or accident be considered to have
32 been incurred in the course and scope of his employment by the City within the meaning
33 of Chapter 440, Florida Statutes as amended. This section shall not include benefits
34 attainable through F.S. 112.181.
35 3.6. Upon written request through channels, only the Employee Organization
36 President and a designee will be released for the term of this Agreement from his or her
37 regularly assigned duties for the City of Miami Fire Department. The terms of this
3R Agreement for such release are only to be implemented if the following qualifications are
39 met by the Employee Organization:
40
41
42
43
44
45
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
Tentative Agreement: City 7/I)1'/ Date-7/134/ Unio �' `�6ate
Union Proposal
July 13, 2011
46 may represent the Employee Organization; however, the designee must
47 comply with Section 2 of this Article.
48 C. The Time Pool will be charged for all hours during which the designee is off-
49 duty release except for absences due to use of vacation leave, compensatory
50 leave, sick leave, or holidays will be charged to the designee's employee
51 leave accounts. The Employee Organization President and designee shall
52 not be eligible for overtime or compensatory time, unless performing work
53 in excess of the normal work week for the Fire Department in his/her civil
54 service classification.
55 3.7. All applicable rules, regulations, and orders shall apply to any bargaining
56 unit member on time pool release. Violations of the above -mentioned rules, regulations
57 and orders shall subject the bargaining unit member on pool time to the regular
58 disciplinary processes currently provided for in the Miami Fire Department.
59 3.8. The City reserves the right to rescind the provisions of this Article in the
60 event any portion of the Article is found to be illegal. Canceling the Article shall not
61 preclude further negotiations of future employee pool time.
62 3.9. Each bargaining unit member covered by this Agreement may voluntarily
63 contribute vacation time to the Time Pool in twelve (12)-hour increments.
64 3.10. Each bargaining unit member who wishes to donate time will use a time
65 pool donation form, which will be provided by the City. This form shall include language
66 releasing the City from any and all liability to pay for vacation time contributed by the
67 bargaining unit member to the Time Pool.
Tentative Agreement: Ci
Date 7/) 3i/ Unio
Union Proposal
July 13, 2011
68 3.11. The Union will be allowed up to three (3) bargaining unit member
69 representatives who shall be permitted to participate in labor contract negotiation
70 sessions while on duty with no loss of pay or emoluments.
Tentative Agreement: City Date /1./ Unio ate .7//
Union Proposal
July 13, 2011
1 ARTICLE 4
2 DISCRIMINATION
3 4.1. No employee covered by this Agreement will be discriminated against
4 with regard to any job benefits or other conditions of employment accruing from this
5 Agreement because of age, race, ethnicity, religion, national origin, union
6 membership, gender, disability or sexual orientation.
7 4.2. All references in this Agreement to employees of the male gender are
8 used for convenience only and shall be construed to include both male and female
9 employees.
Tentative Agreement: City )Y7 )11 Date
Union Proposal
July 13, 2011
1 ARTICLE 5
2 PREVAILING BENEFITS
3 5.1. Job benefits heretofore authorized by the City Manager, continuously
4 enjoyed by all employees covered by this Agreement and not specifically provided
5 for or abridged by this Agreement, shall continue upon the conditions by which they
6 had been previously granted.
7 5.2. This Agreement shall not be construed to deprive any employee of
8 benefits or protection granted by the laws of the State of Florida, ordinances of the
9 City of Miami, or resolutions of the City of Miami in effect at the time of execution
io of this Agreement.
11 5.3. The City and the Union will meet at the request of the City to
12 negotiate any proposed changes in those rights and benefits not specifically covered
13 by the Agreement, provided however no changes shall be made in the language or
14 intent of this Agreement except by mutual consent.
Tentative Agreement:
City)1/ 171 Date 7/
Union Proposal
July 13, 2011
ARTICLE 6
2 MANAGEMENT RIGHTS
3 6.1. It is understood and agreed that the City possesses the sole right to
4 operate the Fire Department and that all management rights are expressly
5 reserved to the City of Miami, but that such rights must be exercised consistent
6 with the provisions of this Agreement. These rights include, but are not limited to,
7 the following: discipline or discharge for just cause; direction and supervision of all
8 personnel; the hiring, the assignment or transfer of employees; determination of the
9 mission and objectives of the Fire Department; determination of the methods,
io means, and number of personnel needed to carry out the Fire Department's
II missions and objectives; introduction of new or improved methods or facilities; and
12 scheduling of operation and shifts.
13 6.2. The parties agree that it is in the interest of all parties to jointly
14 gather as many prior Memorandums of Understandings (MOUs), grievance
15 settlements, and other agreements, etc. in order to establish a Book of
16 Understandings (BOU). The purpose of the BOU is to have an easily referenced
17 resource manual on agreements, settlements, verdicts, binding decisions, etc.
18 between the City and/or the Fire Department and the Union. The parties shall
19 immediately, upon ratification, start the process of gathering the MOUs, etc. in
20 order to establish the BOU.
21 6.3. The parties also agree that in no way should this BOU and the
22 agreement to set up this BOU, limit the rights of the Union and its membership
23 under Article 5: Prevailing Benefits.
Tentative Agreement: C.
Date Uni /i/
Union Proposal
July 13, 2011
24 6.4. The parties agree to continually update the BOU when new MOUs are
25 entered into between the parties, or other binding decisions or agreements are
26 generated or found.
27 6.5. The parties agree that the BOU shall be established by September 30,
28 2011. Any previously existing MOUs not incorporated into the BOU by September
29 30, 2011 shall be null and void.
Tentative Agreement: City Date
Uni
Date 7/34
Union Proposal
July 13, 2011
i ARTICLE 7
2 UNION REPRESENTATIVES
3 7.1. Representatives of the Union who are not employees of the City shall
4 be certified in writing to the Fire Chief. Certified representatives may be allowed to
5 meet with individual employees on City property during working hours to carry on
6 normal business of the Union, if the Fire Chief has prior knowledge of such activity
7 and such visitation does not interfere with efficient operations.
Tentative Agreement: City )2 /)1% Date7/ 3 /J/
ate / //3/i1
1
2
ARTICLE 8
NOTICES
Union Proposal
July 13, 2011
3 8.1. The City agrees to make available to the President of the Union the
4 following notices or bulletins: City Commission Agenda; changes or additions to the
5 City Administrative Policy Manual and the Personnel Policy Manual; Budget
6 Estimate as distributed by the City Manager to the City Commission which shall
7 include the Fire Department estimate. Such notices or bulletins will be picked up
8 by a Union representative at the Labor Relations Office during normal work hours,
9 or be transmitted through the interoffice mail to a location designated by the Union
io President.
11 8.2. In the course of conducting business, the parties agree that the
12 furnishing of documents at no cost to the Union by the City is a normal practice.
13 Public Records requests made by the Union or their representatives exceeding one
14 hundred (100) pages or requiring administrative research or time, shall be
15 furnished to the Union at a twenty percent (20%) discount.
Tentative Agreement: City )71 )71 Date
Union Proposal
July 13, 2011
ARTICLE 9
2 SHIFT EXCHANGE
3 9.1. Employees shall have the right to exchange shifts under the following
4 circumstances:
5
A. He may owe up to eight (8) shifts at any one time including "R"
6 days.
7
8
B. .He may be owed up to eight. (8) shifts at any one time including
"R" days.
9 C. Employees may exchange time but in no event will an exchange
10 of time result in the employee working in excess of two
11 consecutive tours of duty.
12 D. Trading of time must be done voluntarily by the employees.
13 E. The reason for the shift exchange is not related to City business.
14 F. The period during which time is traded and paid back does not
15 exceed twelve months.
16
17
G. The City incurs no overtime obligation as a result of the shift
exchange.
18 H. 1) Exchange of time shall not occur between firefighters and
i 9 officers.
20 18.. Exchanges of time between officers within the Emergency Response
21 Division may occur at the same rank, at one (1) rank below, or at one (1)
22 rank above, the officer's rank.
Tentative Agreement: City 121 Date
Union Proposal
July 13, 2011
23 3) With the restrictions set forth above, personnel assigned
24 to Advanced Life Support positions may exchange time
25 with personnel who are state certified paramedics.
Tentative Agreement: City >71»7 Date7// Uru
City's Proposal
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 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.
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.
Tentative Agreement — Date:
City: )34 IAF
City's Proposal
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 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
Tentative Agreement — Date: 8�D j it City: )i' " / IAF
City's Proposal
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
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.
Tentative Agreement — Date:
City:
Union Proposal
July 13, 2011
1 ARTICLE 11
2 BULLETIN BOARDS
3 11.1. The City shall furnish at each Fire station, Fire Prevention Bureau,
4 Fire College, Fire Central Information Office, Headquarters Building, Fire Shop
5 and Fire Chief s Office and any other location where four (4) or more bargaining
6 unit members are assigned, unless restricted by terms of a lease or other legal
7 restriction, space for bulletin boards for the purpose of Union notices. If restrictions
8 exist, the parties agree to discuss alternate means of communication. Any notice
9 placed on the bulletin board shall bear on its face the legible designation of the
10 person responsible for placing such notice or item on the board.
11 11.2. Notices shall not contain anything reflecting adversely on the City or
12 any of its officers and no material, notices or announcements, which violate the
13 provisions of this Article, shall be posted.
14 11.3. Notices posted must be dated and bear the signature of the Union
15 President or his authorized representative.
Tentative Agreement: City )91179 Date-7/1 3 if / U • 7/5/4
City's Proposal 7/23/2013
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.
The Fire Labor/Management Committee shall consist of one member
appointed by the IAFF President, one member appointed by the Fire Chief, and one
member selected by these two (2) individuals. An individual appointed by the
Tentative Agreement — Date: 7
City: )4' >77 IAFF;
City's Proposal 7/23/2011
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 unit member agrees to sign this workers' compensation check back
to the City. The City will also issue a second check to the employee, which will
-erseompettsation—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,*l 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
payments on his/her own, until the employee elects to participate in the paycheck
system described above in Section 12.2.
*
Will be indicated on the check as a credit for the City and will be non-taxable.
Tentative Agreement — Date: 74311City:
City's Proposal 7/23/2011
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 and 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.
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
Tentative Agreement — Date: 7
City's Proposal 7/23/2011
(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
es , t le $ -8=95-weekly-dechxctioir-shall-be-prerated-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
denied. The section shall not be construed to modify the employee's rights under
the current pension ordinance.
/Tentative Agreement — Date: 7 613//' City:
City's Proposal 7/23/2011
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 will be terminated.
y agrees to notify-and-confer-wtheio-n Tit
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.
Furthermore, the presumption shall only be applicable to worker's compensation
Tentative Agreement — Date:
City's Proposal 7/23/2011
and disability pension benefit determinations. Nothing in this Agreement shall be
construed as a waiver of the City's rights under applicable State law.
Tentative Agreement — Date:
City:
Union Proposal
July 13, 2011
1 ARTICLE 13
2 SAFETY COMMITTEE
3 13.1. There shall be a Safety Committee in the City of Miami Fire
4 Department, which shall consist of nine (9) members. Four (4) members shall be
5 appointed by the Union and four (4) shall be appointed by the Chief of the Fire
6 Department. A member from the Risk Management Department shall be appointed
7 as the ninth non -voting member by the Chief of the Fire Department upon
8 confirmation by the Union President. The ninth non -voting member may be
9 replaced upon a 50% vote of the voting members of the Safety Committee.
10 13.2. The Safety Committee shall meet bimonthly, or more or less often by
1 mutual consent, and such meeting shall be scheduled at the time established by the
12 Chief of the Fire Department. The Chief of the Fire Department, or his designee,
13 shall preside at all meetings.
14 13.3. The purpose of these meetings will be to discuss problems and
15 objectives of mutual concern, concerning safety and health conditions of the Fire
16 Department, but excluding grievances or matters, which are the subject of collective
17 bargaining negotiations between the parties.
18 13.4. Meetings shall be conducted on a semi -formal basis following an
19 agenda which shall include items submitted by any member of the Committee to the
20 Chief of the Fire Department at least five (5) working days prior to the meeting,
21 together with such information as may be helpful in preparing a meaningful
Tentative Agreement:
Date
ate 3///
Union Proposal
July 13, 2011
22 meeting agenda program. The agenda shall be provided to each member of the
23 Committee. The Chief of the Fire Department shall arrange for minutes to be taken
24 of each meeting, and for distribution of copies to each member of the Committee.
25 Recommendations of the Committee may be sent to the City Manager or his
26 designee if requested by a member of the Committee.
27 13.5. Agended issues and subsequent discussions on the subject of safety
28 and health shall not limit or preclude the right of the Union to seek enforcement of
29 safety requirements under the Occupational Safety and Health Act, if applicable.
Tentative Aueement: City Date )/ Unio
Union Proposal
July 13, 2011
1 ARTICLE 14
2 SPECIAL MEETINGS
3 14.1. The City and the Union agree to meet and confer on matters of interest
4 upon the written request of either party. The written request shall state the nature
5 of the matters to be discussed and the reason(s) for requesting the meeting.
6 Discussion shall be limited to matters set forth in the request, but it is understood
7 that these special meetings shall not be used to renegotiate this Agreement. Special
8 meetings shall be held within ten (10) calendar days of the receipt of the written
9 request and shall be held between 8:00 a.m. and 5:00 p.m. at a time designated by
10 the City. The Union and the City shall be represented by not more than four (4)
II persons each at special meetings.
12 14.2. Employee representatives of the Union at special meetings will be paid
13 by the City for time spent in special meetings if on duty, but only for the straight
14 time hours they would otherwise have worked on their regular work schedule. Time
15 spent in special meetings shall be considered as hours worked.
16 14.3. No special meeting shall be held unless the Fire Chief is notified in
17 advance and approves the arrangements made for releasing any on -duty Firefighter
18 who is to attend such meeting.
19 14.4. The parties agree to participate in the Labor/Management process as
20 currently established. The Labor/Management process is an ongoing tool for
21 addressing and solving issues and problems concerning the Union, the Department,
22 and the City. Issues are dealt with as they arise and do not require the formalities
Tentative Agreement: City Date
Uni
Union Proposal
July 13, 2011
23 of reopening negotiations. Any agreements made that have an economic impact on
24 the City must be approved by the City Manager or his designee. It is agreed this
25 process complies with and is an extension of Article 14, as the Labor/Management
26 process applies to collective bargaining.
Tentative Agreement: City Date 7//
Union Proposal
July 13, 2011
1 ARTICLE 15
2 GRIEVANCE PROCEDURE
3 15.1. A grievance is defined as a dispute involving the interpretation or
4 application of the specific provisions of this Agreement, except as exclusions are
5 noted in other articles of this Agreement.
6 15.2. A grievance shall refer to the specific provision or provisions of the
7 Agreement alleged to have been violated. Any grievance not conforming to the
8 provisions of this paragraph or that contains non -identification of a specific
9 article(s) of this agreement shall be denied and not eligible to advance through the
10 steps of the Grievance Procedure including arbitration. Grievances involving
Workers' Compensation are not subject to the grievance procedure this Agreement;
12 except that a question concerning supplemental salary may properly be processed
13 as set forth in the Article entitled "Line of Duty Injuries."
14 15.3. All employees covered by this Agreement shall be required to make a
15 written Election of Remedy prior to filing any grievance at Step 2 or higher steps or
16 initiating action for redress in any other forum. Such choice of remedy will be made
17 in writing on the Election of Remedy form available at the Office of Labor Relations.
18 Any employee electing a remedy other than this grievance procedure shall be denied
19 the use of the Grievance Procedure for the resolution of this specific grievance.
20 The Union and its members agree that an appeal to any other forum to
21 resolve an issue that would otherwise be subject to this grievance procedure under
Tentative Agreement: Ci
Date 7/1,31/1
Unioa"'"Ole "?
Union Proposal
July 13, 2011
22 this Agreement would preclude the use of said Grievance Procedure to resolve such
23 alleged grievable issues.
24 15.4. Nothing in this Article shall prevent the Union from appearing before
25 the City Commission or other City boards on matters concerning the terms and
26 conditions of employment or on any matter affecting the welfare of its members,
27 and such shall not be considered as an election of remedy under this Article.
28 However, such, appearance by the Union shall not be in violation of Florida
29 Statutes, Chapter 447.501 (2), (a), (b), (c).
30 15.5. Grievances shall be processed in accordance with the following
31 procedure:
32 Step 1. The aggrieved employee shall discuss the grievance with
33 his immediate officer within seven (7) calendar days of the occurrence,
34 which gave, rise to the grievance. The Union representative may be
35 present to represent the employee, if the employee desires him present.
36 The immediate officer shall attempt to the matter and/or respond to the
37 employee within seven (7) calendar days.
38 Where a grievance is general in nature in that it applies to a
39 number of employees having the same issue to be decided, or if the
40 grievance is directly between the Union and the City, it shall be
41 presented directly at Step 3 of the Grievance Procedure, within the
42 time limits provided for the submission of a grievance in Step 1 and
Tentative Agreement: City Date //3/// Uni
Union Proposal
July 13, 2011
43 Step 2 and signed by the aggrieved employees or the Union
44 representative on their behalf. The Election of Remedy form as
45 provided in Section 15.3. of this article shall be completed and attached
46 to grievances presented directly at Step 3. All grievances must be
47 processed within the time limits herein provided unless extended by
48 mutual agreement in writing. Any grievance not processed by the
49 Union in accordance with the time limits provided in each step of the
50 Article shall be considered conclusively abandoned. Any grievance not
51 processed by the City within the time limits provided herein shall be
52 automatically advanced to the next higher step in the Grievance
53 Procedure.
54
55
56
57
58
59
60
61
62
63
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
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
Tentative Agreement: City
Date 7//
Uni
Union Proposal
July 13, 2011
65 the written grievance. Within the forty (40) calendar day time frame as
66
67
68
outlined above, the Union shall notify the Fire Chief in writing of the
nature of the grievance; what specific provision(s) were allegedly
violated; whether the Union will advance the grievance; and the date on
69 which the grievant was advised of the Committee's decision. If the
70 Union decides not to advance the grievance, the grievant must submit a
71 written grievance to the Fire Chief within three (3) calendar days of the
72 date on which he was advised by the Union of its position or the
73 grievance shall be considered abandoned.
74 The parties agree, however, that nothing in this section shall be
75 construed to prevent a member of the bargaining unit from presenting
76 his grievance to the public employer and have such grievance adjusted
77 without the intervention of the Union Representative, if the adjustment
78 is not inconsistent with the terms of the Collective Bargaining
79 Agreement then in effect. The Union Representative will be given a
80 reasonable opportunity to be present at any meeting between the
81 grievant and the City representatives for the resolution of said
82 grievance. All of the above must be consistent with the time frames
83 described in the various steps of the Grievance Procedure as outlined
84 herein.
85
Step 3. If the Grievance has not been satisfactorily resolved at
86 Step 2, the Union may present a written appeal to the Labor Relations
Tentative Agreement: City Date h3/0 Uni
Union Proposal
July 13, 2011
87 Officer within ten (10) calendar days from the time the Step 2 response
88 was due. The Labor Relations Officer shall meet with the Union
89 representative to hear the grievance and shall respond in writing to the
90 Union within fourteen (14) calendar days from the receipt of appeal.
91 Step 4. If the Grievance has not been satisfactorily resolved at
92 the Step 3 level of the Grievance Procedure, the Union or an individual
93 bargaining unit grievant may request a review by an impartial
94 arbitrator provided such request is filed in writing with the Labor
95 Relations Officer no later than twenty-one (21) calendar days after the
96 Labor Relations Officer's response is due in Step 3 of the Grievance
97 Procedure.
98 15.6. The parties to this Agreement will attempt to mutually agree upon an
99 independent Arbitrator. If the parties fail to select an arbitrator, either the Federal
100 Mediation and. Conciliation Service or the American Arbitration Association shall be
101 requested for a panel or panels to be submitted. If the parties cannot agree, they
102 will alternate between the two (2). The cost of said panel(s) shall be shared equally
103 by the parties.
104 15.7. The arbitration shall be conducted under the rules set forth by the
105 American Arbitration Association on this subject except that Rules 1, 2, 3, 4, 5, 6,
106 7(b), 8, 9, 12, 14, 15, 16, 21, 25, 42, and 43 shall not be applicable or utilized by the
07 Arbitrator. Subject to the following, the Arbitrator shall have jurisdiction and
Tentative Agreement: City )71 171 Date
Uni
Union Proposal
July 13, 2011
108 authority to decide a grievance as defined in this Agreement. The Arbitrator shall
109 have no authority to change, amend, add to, subtract from or otherwise alter or
Ho supplement this Agreement or any part thereof or any amendment thereto. The
111 Arbitrator shall have no authority to consider or rule upon any matter which is
112 stated in this Agreement not to be subject to arbitration or which is not a grievance
113 as defined in this Agreement, or which is not specifically covered by this Agreement;
114 nor shall this Collective Bargaining Agreement be construed by an arbitrator to
115 supersede applicable laws in existence at the time of signing this Agreement.
116 15.8. The Arbitrator may not issue declaratory or advisory opinions and
117 shall confine himself exclusively to the question, which is presented to him, which
118 question must be actual and existing.
119 15.9. It is contemplated that the City and the Union mutually agree in
120 writing as to the statement of the matter to be arbitrated prior to hearing. When
121 this is done, the Arbitrator shall confine his decision to the particular matter thus
122 specified. When the parties are unable to agree, the Arbitrator shall decide the
123 issue or issues to be arbitrated.
124 15.10. Each party shall bear the expense of its own witnesses and of its own
125 representatives. The parties shall bear equally the expense of the impartial
126 arbitrator. The party desiring a transcript of the hearing will bear the cost of same.
127 15.11. Copies of the award of the arbitration made in accordance with the
.28 jurisdiction or authority under this Agreement shall be furnished to both parties
Tentative Agreement: City Date
Union Proposal
July 13, 2011
129 within thirty (30) calendar clays of the hearing and shall be final and binding on
130 both parties.
Tentative Agreement: Ci
Union Proposal
July 13, 2011
1 ARTICLE 16
2 SAFETY SHOES
3 16.1. The City shall, effective upon ratification of the labor agreement,
4 reimburse bargaining unit employees up to $150 for the purchase of an initial pair
5 of safety shoes, the replacement of same due to job related wear and tear or
6 accidental destruction or at the employee's discretion, the refurbishment or resoling
7 of same. To receive this allowance, the employee will present the purchased,
8 refurbished, or resoled shoes and the bill of sale to a management representative.
9 Safety shoes paid for by the City shall only be worn when on Fire Department
10 business, including reporting to and from work.
11 16.2. The Chief of the Fire Department or his designee shall determine
12 when, in his judgment, a pair of safety shoes shall be issued as replacement. Safety
13 shoes shall be issued on the basis of need and not on an automatic basis. Any
14 bargaining unit member requesting the replacement of more than one (1) pair of
15 safety shoes during a calendar year shall satisfactorily demonstrate in writing on a
16 form provided by the City that the replacement of said safety shoe is necessary due
17 to job related wear and tear or accidental destruction.
18 16.3. Employees who work in positions in which safety shoes are not
19 required shall also be eligible for a shoe allowance to purchase, refurbish, or resole a
20 pair of approved uniform dress shoes.
21 16.4. The shoe standard as administered in the past must be met to qualify
22 for the reimbursement.
Tentative Agreement: Ci
Date 7//_3/J
Union Proposal
July 13, 2011
23 16.5. Effective upon ratification, the City shall reimburse bargaining unit
24 employees who have successfully completed recruit training up to $300 for an initial
25 pair of leather structural. firefighting boots. The City shall provide said
26 reimbursement in accordance with the procedure set forth above for safety shoes,
27 except that any bargaining unit member requesting the replacement of more than
28 one (1) pair of boots in a three (3) year period shall satisfactorily demonstrate in
29 writing on a form provided by the City that the replacement of boots is necessary
30 due to job related wear and tear or accidental destruction. The Fire Chief or
31 designee shall have final approval for early replacement of boots suspected of non-
32 job related wear and tear, or damage.
33 16.6. Structural firefighting boots shall meet the minimum safety standard
34 set by the Fire Department Safety Committee, after considering all available safety
35 standards.
Tentative Azreernent: City ))1 ).Y7 Date
ARTICLE 17
GROUP INSURANCE
17.1 The group insurance benefits will be those as set forth in the CIGNA Healthcare
Point of Service medical benefit booklet in effect as of September 30Januarv. 2011, and attached
hereto as Appendix .
City Proposal 8/22/2011
Tentative Agreement — Date:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
ARTICLE 18
WAGES
18.1. Effective the first full pay peril fallowing the elates -indicated below,
aeraso-the-13eardege4nepease-s-as-fallowsi.
October 1, 2007 5%
October 1, 2008 5%_
Wages will be maintained at the level in existence on September 30, 2011. The
parties agree that, except as otherwise provided in this Article, there will be no
increase or decrease of base wages for the 2011-2012 fiscal year.
18.9. Effective the first full pay period fallowing the date indicated below,
decrease as follows:
October 1, 2009 2%-
18.2. Employees hired after October 1, 2009, who are not rehired firefighters as
outlined in this article, shall be hired at ten percent (10%) below step 1 and shall
remain at ten percent (10%) below the step 1 rate for a period of six (6) months.
Upon completion of the 6 month period, the firefighter -probationary employee shall
be paid as reflected in step 2-1 of Appendix A.
18.3. All bargaining unit members who are assigned to Advanced Life Support
(ALS) units shall receive a bi-annual supplement equal to his or her share of the
increase in the amount of the EMS Services Billing Revenue calculated on a bi-
Gh
_ 23
24
25
annual basis for fiscal year 2012 as compared to the amount of the EMS Services
Billing Revenue received for the same time period for fiscal year 2011.
18.4 Effective October 1, 2006 bargaining unit members will adhere to new salary
26 schedules, as outlined in Appendix A, including a new step raise plan as described
27 below.
28 Bargaining unit members, holding the rank of Firefighter, shall receive 2.5%
29 pay increases for each step. Step 2 shall begin with six (6) months
30 employment, and each subsequent step shall be given every six (6) months
31 through Step 17. An additional 2.5% for Step 18 pay raise shall be at the
32 completion of year nine (9) of employment.
33 •The current promotional pay differential, between ranks shall continue to
34 apply, plus bargaining unit members holding the ranks of Lieutenant,
35 Captain, or Chief Fire Officer shall receive 2.5% pay increases for Steps 2
36 through 12. The Step 2 pay raise shall begin with six (6) months
37 employment, and each subsequent step raise shall be given at the completion
38 of each six (6) months through Step 12. Step pay increases shall be 3%
39 starting with Step 13, which shall begin at the completion of six (6) years of
40 employment, and continue to be given at every six (6) month interval through
41 Step 18. At the completion of year nine (9) of employment a Step 19 raise of
42 2.5% shall be given.
43 All bargaining unit members shall receive longevity raises at the completion of :
44 10 years of continuous service — 5%
45 15 years of continuous service — 2.5%
46 16 years of continuous service — 2.5%
47 20 years of continuous service — 5%
48 21 years of continuous service — 2.5%.
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
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. It is agreed during the
2011-2012 year the aforementioned step and longevity raises will not be paid to
bargaining unit members.
18.5 Effective the first pay period following October 1, 1993, active
bargaining unit members shall receive Fire Prevention pay in the amount of $76.92
biweekly. Active bargaining unit members shall receive an annual Fire Prevention
pay supplement of $1,500.— 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 Firc
Prevention payment on the basis of $.96 per hour for forty (40) hour employeec_,
$.80 per hour for forty eight (48) hour employees and $.74 per hour for fifty two (52)
18.6 Effective the first full pay period fallowing October 1,2006 any pay
supplements not equivalent to a five percent (5%) pay step shall be paid to the
66
67
68
69
70
7]
72
73
74
75
76
77
Collective Bargaining Agreement.
18.7 Effective September 27, 19-9-3, any City of Miami employee, unless a
former firc bargaining unit employee as pocthod rn Soction 18.7, that tranoforei
ic hired as a firefighter into the Fire Department as a uniformed bargaining unit
18.8 Former fire bargaining unit employees who left the employ of the Fire
Department under honorable conditions and who have been approved by the Fire
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.
78 Those on the rehire list may be hired by the Fire Chief as openings occur
79 without regard to the eligibility list for new hires. In addition, the following shall
80 apply:
81 A. In accordance with State certification requirements, eligibility shall
82 be limited to three (3) years following the effective date of
83 resignation.
84 B. Under conditions set forth above, any former permanent fire
85 bargaining unit employees having one (1) to four (4) years, and
86 eleven (11) months of previous continuous service as a firefighter
87 wffl be placed at Step 1 of Salary Range 24 (48-hour shift) of the
88 Firefighter classification. Former permanent fire bargaining unit
89 employees having five (5) or more years of previous continuous
90 service will be placed at Step 5 of Salary Range 24 (48-hour shift) of
91 the Firefighter classification.
92
93
94
95
96
97
98
99
18.9 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.
18.10 Effective thc first full pay period following January 1, 1999,_
bargaining unit member's shall receive, in recognition of their efforts in
generating new revenue, a "revenue incentive"
tenths (3.7%) percent. pay supplement of $1,500 annually.
loo The revenue incentive wage payment shall be segregated on the employees
101 paycheck stub so employees realize the pay is based upon their performance. The
102 revenue incentive wage payment will not be rolled into any pay supplements.
103 18.11 Leaves of absence without pay or suspension of any duration shall
104 cause the effective date of the longevity and anniversary date to be deferred by the
105 same number of calendar days embraced by said leave. This break in pay shall not
106 be considered a break in continuous service.
107 18.12 Any bargaining unit employee upon normal retirement from City
108 service, or separating under honorable conditions, who has served for a period of
Ci'47
109 twenty-five (25) years or more, shall be granted, at the time of his/her normal
110 retirement or honorable separation, one hundred seventy-three and three tenths
111 (173.3) hours of pay if on a forty (40) hour work week and two hundred eight (208)
112 hours of pay if on a forty-eight (48) hour work week.
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
18.13
employees hired after October 1, 2009 will net be eligible for thc EMT or Paramedic
Certification pay as outlined in this article until completion of the first six (6)
State Certified EMT (non Paramedics
State Ce-rtified Paramedic
5%
14%
0
Paramedics shall have their pay reduced as if their bace pay had not been increased
by nine (9%) and shall have the State Certified Paramedic fourteen (14%) carried aG
-0
. Bargaining
unit members shall receive a State Certified Paramedic pay supplement in the
amount of $4,825 annually. Paramedic pay supplement shall be subject to pension
deductions and applicable federal taxes and shall be included in calculating -an
employee's overtime and average earnings for pension purposes. Effective January
1, 2008, any State Certified Paramedic who is restricted from using their Paramedic
131 License by the Medical Director for failure of Protocol Testing shall be subject to a
132 reduction in Paramedic. pay. . The manner and amount of reduction shall be
133 mutually agreed upon by the Union and the Fire Chief, but in no case shall the
134 parties agree to an amountless than EMT pay. Any reduction in pay shall not
135 occur less than six (6) months after the restriction is first applied. The parties
136 agree to further discuss the Protocol Testing and remediation procedures.
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
,52
18.14
Paramedics or State Certified EMTs permancntly bid into Advancccl Life Support
pay increased six percent (6%) for Rescuc assignment pay. Effective October 1,
2009, employees who meet the criteria for ALS Rescue Assignmcnt Pay shall have
their pay reduced as if their base
and shall have their six -(-6%) percent ALS Rescue Assignment Pay carried as a ono
(1%) supplemental pay item and a five (5%) base pay increase. Lieutenants assigned'
to swing or una.Jsigned in the Emergency Response Division (ERD) will receive the
Bargaining unit members shall receive a monthly
educational incentive pay supplement in accordance with Section 633.382, Florida
Statutes.
18.15 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
Ci4y
FF
153
154
155
156
157
158
159
160
161
16'2
163
:64
165
166
167
168
169
170
171
172
173
174
175
176
18.16 Effective October 1, 2046, 13rgaining unit members shall receive an
additional increase for using ceitifi-cations specified below by the percentages listed.
Any increases or clecpease the number of positions th-at receive any of the
certification incrcses listed below shall be agreed upen by the Department and the
-Union by mutual agreement. Bargaining unit members shall receive an annual pay
supplement up to $1,500 for using the following certifications specified below. 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
State Certified Fire Service Instructor assigned to
Instructor positions ................ ........ ....... ..........
State Certified Fire Inspector assigned to the Fire
Prevention Bureau ....... ....... .......... .............. ..... . ....... ..........
N.A.U.I. or P.A.D.I. Certified divers assigned to
the Dive Team
Employees assigned to the SWAT Team 544_
Members assigned to the Technical Rescue Team completing 120 hours of
department approved training
4-8.17 Upon ratification ef this agreement, b-argaining unit members who
177
178
179
180
18]
182
183
184
185
186
187
188
189
190
191
192
193
194
195
.96
basis. Bargaining unit members -„shall only be credited for —the —single —highest
Associate's Degree
Bachelor's DegTee
Master's D-epree
Juris Doctor, Ph. D, Ed. D, M.D
18.18. The City hereby
$1,200
$2,200
$3,200
$4,200_
quivocally waives
emerg
n icip-ated at this time.
In order for the City to establish a "true fiscal emergency" cio as to lawfully
not fund any year or years of this Agreement, the City must demonstrate that there
is no other reasonable alternative means of appropriating
arbitration procedure of this Agreement.
If an arbitrator determines that the City has breached its funding
17
198
199
200
201
202
203
204
205
206
07
208
209
210
211
212
213
214
215
216
jurisdiction to order the City to appropriate the necessary moniec to fund the
Florida Statutes.
contract._
18.16 The Parties agree that annual pay supplements that are
currently subject to pension deductions and applicable federal taxes and
that are currently included in calculating an employee's average earnings
for pension purposes shall continue to be subject to pension deductions
and applicable federal taxes and included in calculating an employee's
average earnings for pension purposes.
18.17 The Parties agree to the following regarding the policy
concerning the use of city vehicles. The Parties recognize that the City
has a policy and practice concerning the use of city vehicles, and that
certain bargaining unit employees of the IAFF are currently assigned take
home vehicles. The Parties further recognize that the City intends to
implement changes to its policy and practice with regard to take home
vehicles for the general employees, and the Parties agree that the City will
be able to apply those changes to the policy and practice to the members of
the IAFF bargaining unit.
?Arc" 97/461-91/
City's Proposal
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
the City of Miami to convert any portion of their accumulated vacation time to sick
time at the time of severance of service.'"
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 taken in increments of not less than one (1) hour.
C. The Hazardous Materials Team members shall schedule the
vacation under this agreement.
I *Any vacation time balances that are converted to sick time under prouisiorzs of Article 19. .a o e
shall be added over and above the 1200 hour limitations set forth in Article 44.6
/DP)ki IAF
Tentative Agreement - Date: I City: e
City's Proposal
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 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.
Tentative Agreement — Date:
City:
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.
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
City Proposal 8/18/2011
Tentative Agreement — Date:
determining eligibility for overtime. The employee utilizing such leave
shall be paid straight time for those hours worked in excess of their normal
work day or 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.
City Proposal 8/18/2011
Tentative Agreement — Date: 471?` IAFF:
City's Proposal
ARTICLE 21
CALL BACK PAY
21.1. All employees covered by the terms of this Agreement who are called
back to work while off duty shall be paid at least three (3) hours minimum, plus one
(1) hour's travel time, at the employee's overtime rate provided by Article 20.
21.2. Any employee covered by this Agreement who is summoned to appear
as a witness, while off duty as a result of his direct employment as a member of the
Miami Fire Department, will be paid four (4) hours minimum at one and one-half
times his current hourly rate, excluding travel time, for all such time, provided that
the Fire Chief is given prior notification so that he is given an opportunity to
schedule such appearance during regular duty hours. In consideration of receiving
overtime pay, 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 disputes 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.
Tentative Agreement — Date: IC
1
City:
IAFF.
City's Proposal
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
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.
Tentative Agreement —.Date: g Ain n City: A IAFF,
ARTICLE 23
HOLIDAYS
23.1. The following days shall be considered holidays:
New Year's Day Columbus Day
Washington's Birthday Veterans Day
Memorial Day Thanksgiving Day
• Independence Day Day.After Thanksgiving
Labor Day Christmas Day
Martin Luther King's Birthday
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 1st, July 4th, November 1 lth, 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 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 For Columbus Day and Veterans Day far years 2009 and 2010,.holiday pay shall be
_educed by 6.1 hours for each Holiday for all bargaining unit members. For any members net
City Proposal 8/22/2011
Tentative Agreement - Date:
�l City( >fri IA_FICZe"1/2r-
timc banked.
1-donate the r
23.6--51t 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 holiday. The ten (10) hours, plus
the premium pay as defined above is payable in cash or earned time at the employee's option
according to the following:
Any additional holiday time declared by the City shall be considered
under the holiday option of cash or eamed 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.
City Proposal 8/22/2011
Tentative Agreement — Date:
2
Union Proposal
July 13, 2011
3 24.1 Effective January 1, 2003, earned personal —lea c °hall no longer be
4 credited to bargaining unit members -and shall cease as available leave
5
6 lc
Tentative Agreement: City Date
City's Proposal 7/23/2011
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.
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.
Tentative Agreement — Date:
hi
City:
Yi2
MFF
City's Proposal 7/23/2011
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
y-may-be-e-a-ad-e-d
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. kleave 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 ofthe 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.
Tentative Agreement — Date:
City's Proposal 7/23/2011
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 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.
/Tentative Agreement — Date: 7 ?-3
City: )1/ )11 IAFF.
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.
City Proposal 8/22/2011
Tentative Agreement — Date:
Union Proposal
July 13, 2011
ARTICLE 27
2 BEREAVEMENT LEAVE
3 27.1. Any employee covered by this Agreement may, in the case of death in
4 the immediate family, be authorized up to a maximum of forty (40) hours of paid
5 leave for any death of a member of the employee's immediate family. Said paid
6 leave days shall be taken consecutively by the employee excluding normal days off
7 and holidays. The immediate family is defined as father, mother, sister, brother,
8 husband, wife, domestic partner, children, father-in-law, mother-in-law,
9 grandparents, spouse's grandparents, stepfather and/or stepmother if they have
10 raised the employee from infancy regardless of place of residence, and may include
11 any other person who was an actual member of the employee's household for ten
12 (10) or more years immediately prior to their death. Within thirty (30) calendar
13 days from the date the employee returns from bereavement leave, the employee
14 shall, upon request, file a copy of the death certificate of the deceased family
15 member. Said death certificate must be attached to a form approved by the Office of
16 Labor Relations and submitted to the Employee Relations Department. Failure to
17 produce the death certificate will result in the employee reimbursing the City for
18 any days taken under this Article. Any employee found to have falsified his
19 application for bereavement leave will be subject to disciplinary action up to and
20 including dismissal.
21 27.2. It is understood that under certain circumstances the employee may be
22 unable to obtain a death certificate. In this event, in lieu of a death certificate, the
23 employee shall submit a newspaper account showing the death and the relationship
Tentative A2reement: City >4)11 Date
Uni
Union Proposal
July 13, 2011
24 of the deceased to the employee and/or other information and documentation as
25 required by the Department of Employee Relations.
26 27.3. In addition to bereavement leave, at the request of the employee, the
27 Department Director may authorize the use of accrued vacation or compensatory
28 leave.
29 27.4. Employees on twenty-four (24) hour tour of duty shall be bound by the
30 above sections except that they may be authorized up to forty-eight (48) consecutive
31 work hours of duty on leave with pay.
Tentative Agreement: City
Uni
City's Proposal 7/23/2011
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
p arties.
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.
/ Tentative Agreement — Date: 7/9.3 1°1 l Ci
2
Union Proposal
July 13, 2011
ARTICLE 29
LOSS OF EQUIPMENT
29.1. A bargaining unit employee shall reimburse the City for the repair or
4 replacement cost of lost, stolen, or damaged City equipment when the City
5 demonstrates that the employee's careless and/or negligent act(s) resulted in the
6 loss, theft, or damage.
Tentative Agreement: City .),7)77 Date
ate
Union Proposal
July 13, 2011
ARTICLE 30
2 BLOOD DONORS
3 30.1. Employees who volunteer as blood donors to contribute to a City
4 supported Blood Donor Organization will be authorized the absence necessary to
5 accomplish this purpose. The Blood Donor Organization's personnel will determine
6 what amount of time the donor will need from the point of donation till the City
7 donors are released to go back to work.
Tentative Agreement: City )-27A1 Dat7 Date
Union Proposal
July 13, 2011
1 ARTICLE 31
2 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING
3 31.1. In an effort to identify and eliminate on or off -duty controlled
4 substance/alcohol abuse, urinalysis/blood tests shall be administered as provided
5 herein:
6 Employees refusing to give a blood/urine sample under any of the following
7 conditions will be dismissed. Employees will be advised of their contractual rights
8 relative to expedited arbitration.
9 RANDOM SUBSTANCE SCREENING
10 Employees meeting any of the criteria below shall be subject to random substance
11 screening. Employees who meet any of the criteria below shall be subject to random
12 substance screenings for a. period of one hundred and eighty (180) calendar days
13 from the date the criteria was met. After the period of one hundred and eighty
14 (180) calendar days, if and when employees meeting criterion A below have
15 accumulated above one hundred and fifty (150) hours of sick leave and employees
16 meeting criterion C or D below have not been late or absent without leave (AWOL)
17 for a one hundred and eighty (180) calendar day period, they shall no longer be
18 subject to random substance screening, unless they meet the criteria again in the
19 future. The City shall be limited to a maximum of two (2) substance screenings in
20 each one hundred and eighty (180) calendar day period the employee is under
21 random substance screening.
Tentative Azreement: City ?II 211 Date
Uni
Union Proposal
July 13, 2011
22 RANDOM SCREENING POOL CRITERIA
23 A. Probationary firefighters are subject to screening until off probation.
24 B. Employees assigned to a forty-eight (48) or fifty-two (52) hour work
25 week with less than one hundred and fifty (150) hours of sick leave
26 accumulation. Employees assigned to a forty (40) hour week with less
27 than one hundred and twenty (120) hours of sick leave accumulation.
28 C. Employees who are absent without leave (AWOL) twice within a one
29 hundred and eighty (180) calendar day period from the most recent
30 AWOL if on a forty-eight (48) or fifty-two (52) hour work week or three
31 (3) times within a one hundred and eighty (180) calendar day period if
32 on a forty (40) hour work week.
33 D. Employees reporting late (including any incidents of absence without
34 leave) for duty three (3) times within a one hundred and eighty (180)
35 calendar day period if on a forty-eight (48) or fifty-two (52) hour work
36 week or five (5) times within a one hundred eighty (180) calendar day
37 period if on a forty (40) hour work week.
38 REASONABLE BELIEF
39 SUBSTANCE SCREENING CATEGORIES
40 A. Where a District Chief, or above has a reasonable belief based upon
41 objective factors that the employee has possession or is using,
42 dispensing or selling any illegal drug or controlled substance which is
13 not prescribed by a licensed physician.
Tentative Agreement: City >7'7 Date -7// ./j/
Union Proposal
July 13, 2011
'4 B. Following any vehicular accident occurring on -duty, on an off -duty
45 detail, traveling to or from same, involving employee(s) where a District
46 Chief, or above has a reasonable belief based upon objective factors that
47 the involved employee(s) may be under the influence of alcohol or may
48 have been using, possessing, dispensing or selling controlled substance,
49 unlawful, mind -altering, or non -physician prescribed drugs.
50 C. Where a District Chief, or above has a reasonable belief based upon
51 objective factors that the employee is under the influence of alcohol on-
52 duty, or on an off -duty detail, or traveling to or from same, or while
53 covered for portal to portal pay for workers' compensation.
54
SUBSTANCE SCREENING PROCEDURES
56 31.2. Employees shall give either a blood sample, for suspected alcohol use
57 or a urine sample for suspected substance abuse as determined by the City at either
58 a hospital or accredited testing lab, as chosen by the City. The hospital or
59 accredited testing lab shall include sufficient safeguards to ensure that a proper
60 chain of custody is enforced. When a sample is taken under any of the above
61 circumstances, a portion of the first sample shall be retained. All positive tests for a
62 controlled substance will be confirmed using the employee's separate second sample
63 if given or the reserved portion of the initial sample, by Gas Chromatography/Mass
64 Spectrometry (G.C.M.S) or better testing. Testing procedures shall be under a
65 reliable state licensed clinic laboratory.
Tentative Agreement: City ))012 Date 7/4/ Uni
Union Proposal
July 13, 2011
66 31.3. Should the employee wish to give a separate second sample it shall be
67 performed at either a hospital or .accredited testing laboratory, as chosen by the
68 City, within four (4) hours from the time of giving the initial sample. In the event
69 an employee declines to offer a second sample for the separate second test, or is
70 unable to give a second sample within the four (4) hour time period, the reserved
71 portion of the first sample will be utilized. Employees shall be notified of a positive
72 result within twenty-four (24) hours from receipt of the laboratory reports, but in no
73 case shall this notice occur more than ninety-six (96) hours after the time the
74 sample was given. Notice to the employee of the first test being positive shall be
75 considered to have been served upon the employee by verbal notification or by a
76 representative of the Department delivering a notice to the employee's last known
77 residence as shown on the Department's personnel database.
78 31.4. If an employee is ordered back to duty for testing, the provisions of
79 Article 21 (Call Back Pay) will apply.
80 31.5. Where a bargaining unit member alleges that an order made under
81 this article is not consistent with the criteria cited herein, he/she shall comply with
82 the order, and may simultaneously file a protest with the communicator of the
83 order.
84 31.6. Disputes arising as to whether there was reasonable belief shall be
85 arbitrable under the Expedited Arbitration Rules of the American Arbitration
Tentative Agreement: City ))'l )37 Date
Union Proposal
July 13, 2011
86 Association. All other issues involving grievances shall be processed as outlined
87 within Article 15 - Grievance Procedure.
88 31.7. The employee(s) shall not be disciplined until a positive test result is
89 communicated to the City. However, if the employee's conduct in connection with
90 the substance/alcohol abuse amounts to conduct for which the City may otherwise
91 discipline the employee, the City may take action prior to knowing of a positive test
92 result.
93 31.8. The IAFF will be advised of passed or failed tests to the extent that
94 the releasing of such data is not inconsistent with Federal or State laws regarding
95 the privacy of said test or if the individual involved does not want his test results
96 released to the IAFF.
97 31.9. The following cutoff concentrations shall be applicable for
98 determining whether specimens are negative or positive for the following drugs or
99 classes of drugs for the initial and confirmatory test procedures. A positive result
100
shall be a concentration in excess of those listed below. For those "designer drugs"
lot that are listed below without cut-off levels, the parties agree to test in accordance
102 with levels specified by Department of Human Services Federal Register, Part III, if
103 and when it ever becomes available.
104 Initial Test Level (ng/ml)
105 Cannabinoid (Marijuana) Metabolites 50
106 Cocaine Metabolites 300
107 Opiate Metabolites 2,000
108 Phencyclidine 25
109 Amphetamines 1,000
Tentative Agreement:
City )".9,0),"2 Date7 3/1/
Union Proposal
July 13, 2011
Methaqualone 300
.ii Methadone 300
112 Propoxyphene 300
113 Tricyclic Antidepressants 300
H 4 Designer Drugs:
115 Ketamine TBD
116 Methylenedioxymethamphetamine (Ecstasy) TBD
117
118 GC/MS Test Level (ng/ml)
119
120 Cannabinoid (Marijuana) Metabolites' 15
121 Cocaine Metabolites2 150
122 Opiates
123 Morphine 2,000
124 Codeine 2,000
125 6-Acetylmorphine3 10
126 Phencyclidine 25
127 Amphetamines
128 Amphetamine 500
129 Methamphetamine4 500
130 Methaqualone 300
131 Designer Drugs:
32 Ketamine TBD
133 Methylenedioxymethamphetamine (Ecstasy) TBD
134 'Delta-9-tetrahydrocannabino1-9-carboxylic acid
135 2Berixoylecgonine
136 3Test for 6-AM when the morphine concentration is greater than or equal to
137 2,000 ng/ml
138 4Specimen must also contain amphetamine at a concentration greater than or
139 equal to 20Ong/m1
140 31.10 Initial test results for alcohol will be considered positive when the individual's blood
141 alcohol content is 0.04 grams per dl or greater using whole blood.
142 31.11 Alcohol related specimens identified as positive by the initial test shall
143 be confirmed as positive by Gas Chromatography Volatiles Head Space Method or
144 more reliable testing for whole blood at 0.04 grams per dl or greater.
145 31.12 The cutoff concentrations referenced in this Article may be revised by
146 mutual agreement when changes in technology allow for reliable testing at lower
147 concentration levels.
Tentative Agreement: City Xi 0$7-7 Date
Union Proposal
July 13, 2011
• 18 EXPEDITED ARBITRATION
149 31.13. It is anticipated as soon as possible after ratification of the labor
150 agreement between the City of Miami and IAFF, Local 587, the President of the
151 Local and the City Labor Relations Officer will pick two (2) area permanent
152 umpires to hear employee drug grievances. The two Umpires will alternate hearing
153 only grievances where the bargaining unit member alleges a violation of Article
154 31.1. A, B, or C. Said grievance will be limited to whether or not there was
155 reasonable belief based on objective factors to require the grievant to take the
156 Alcohol/Controlled Substance test.
157 31.14. Reasonable Belief Substance Screenings shall not be tested if the
158 employee grieves the test under expedited arbitration until the umpire rules that
159 there was reasonable belief to test the employee.
160 31.15. The cost of the Umpire's decision will be borne by the employer if the
161 umpire rules there was not reasonable belief to require the employee to take the
162 test. If the umpire rules there was reasonable belief to require the employee to take
163 the test, the Union will pay the cost of the umpire if the Union processed the
164 grievance. If the grievant processed the grievance on his/her behalf, he/she will pay
165 the cost of the Umpire.
166 31.16. It is anticipated that an expedited hearing would be held before the
167 Umpire under the American Arbitration Association rules of expedited arbitration
and no post hearing briefs would be filed. The drug grievance will be submitted
Tentative Aareement:
City ).)'71-)") Date 7
Un
Union Proposal
July 13, 2011
169 directly to arbitration and will be heard no later than five (5) calendar days after
170 the employee was required to take the Alcohol/Controlled Substance test. The
171 Umpire will rule at the close of the hearing and an oral response from the umpire
172 will be sufficient to settle the grievance.
173 31.17. The two Umpires shall serve from year to year and shall be appointed
174 by a letter jointly signed by the Union President and the Labor Relations Officer.
175 Should either the City or the Union wish to drop an Umpire the Umpire shall be
176 notified and the parties shall agree on a replacement. If they are unable to agree,
177 each party will put two (2) names into a hat and the name drawn will be the
178 replacement for one (1) year.
179 31.18. If the bargaining unit member remains silent and/or does not indicate
180 that he/she desires the test results in accordance with Article 31.3, it shall be
181 presumed that he/she has elected to go to expedited arbitration.
182 31.19. If the employee grieves the test, said grievance must be in writing and
183 submitted by fax or hard copy to the Labor Relations Office on the same day as the
184 test or no later than the next regularly scheduled work day of the Labor Relations
185 Officer. The test sample will be thrown out, if the Umpire rules there was no
186 reasonable belief to test the employee. If the umpire rules there was reasonable
187 belief to test the employee, the test sample(s) shall be tested and the results
188 released as outlined in this article.
.89
REHABILITATION
Tentative Agreement: City)1 »1 Date 7/(3 //
Union Proposal
July 13, 2011
190 31.20. In the event that the results of the urinalysis/blood test are positive, the
191 following criteria will apply:
192 A. The employee at his/her own cost shall, within seventy two (72) hours
193 of a positive test notification (excluding weekends and holidays), enter
194 and remain in a substance/alcohol program approved by the City and
195 the Union until the approved program administrator is able to state
196 that he/she has successfully completed the program, including
197 aftercare. While in the program, the employee will be allowed to
198 return to work if the program administrator approves; if not, the
199 employee may be suspended until the program administrator approves
200 return to work. Such suspension shall not exceed six months. If the
201 employee cannot return to their regularly assigned position after six
202 (6) months they shall be dismissed. If the employee does not
203 successfully complete the program including aftercare, he or she will
204 be dismissed. Employees shall not be permitted to work in combat
205 positions until program administrators feel certain there is no
206 possibility they are using drugs and submit this opinion in writing to
207 the City. If and when the employee successfully completes the in-
208 patient portion of the program, as determined by the program
209 administrator, the employee shall be allowed to return to work.
210 B. Upon being notified of a positive test, the employee will be immediately
211 relieved of duty. If relieved of duty, the employee, if eligible, will use
Tentative Agreement: City J17 )3'7 Date?//3 11 / Uni ate 7/t 3/�'t
Union Proposal
July 13, 2011
212 all of his/her earned time, vacation time, and sick time, and then
213 he/she will go off the payroll.
214 C. If the employee fails to enter, participate in and/or successfully
215 complete any part of the rehabilitation program, including any after-
216 care program, the employee shall be terminated from his/her
217 employment with the City.
218 D. Effective upon ratification of the labor agreement, employees cleared to
219 return to work by rehabilitation administrators, shall be subject to
220 substance screenings at management's discretion for a period of two (2)
221 years from the date the employee returned to work. The City will be
222 limited to a maximum of five (5) screenings per twelve (12) month
223 period. Employees tested shall be entitled to a second test as outlined
224 in Article 31.3. Employees who decline to offer a sample shall have the
225 reserve portion of the first sample utilized as outlined in Article 31.3.
226 Employees who test positive to confirmatory test shall be terminated
227 from employment with the City.
228 E. Effective upon ratification of this Agreement, employees will be
229 entitled to one chance at a successful rehabilitation during their
230 employment with the City. Employees who have been through at least
231 one (1) rehabilitation program, who are screened shall be entitled to a
'32 separate second test as outlined in Article 31.3. Employees whose
Tentative Agreement: City rX7 Date 7// 3/0 Unio
Union Proposal
July 13, 1011
"33 sample tests positive on confirmatory test shall be terminated from
234 employment with the City.
Tentative Agreement: City
City's Proposal 7/23/2011
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
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).
Tentative Agreement — Date: 7A-5/4i City:
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
2). 4 persons
3). 4 persons
4). 3 persons
5). 1 person per
per aerial unit
per quint unit
per pumper unit
per rescue unit
truck
1
cornpcnsatc for service needs.
33.2. If, in the future, new types of apparatus are placed in service, which are not
covered above, the Ci-ty and the Union will meet to negotiate a minimum staffing level for the
new types of apparatus. If agreement is not reached within 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.
City Proposal 8/22/2011
Tentative Agreement — Date:
City's Proposal 7/23/2011
ARTICLE 34
,EMPLOYEE RIGHT TO REPRESENTATION
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,
(b)
preferably while the accused is on duty, unless the seriousness
of the investigation is of such degree that an immediate action is
required. If the accused is off duty at the time of the
interrogation, the accused shall be entitled to overtime.
However, if he or she is eventually found guilty of the charges
through the applicable administration processes, any overtime
shall be forfeited in addition to any penalty imposed for the
violation. If it occurs while on duty, a commanding officer or a
supervisor of the accused shall be notified of the interrogation.
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.
Tentative Agreement — Date:
&on City: )71 )1')
City's Proposal 7/23/2011
(c) The accused shall be informed of the rank, name, and command
of the officer in charge of the investigation, the interrogating
party, and all persons present during the interrogation. All
questions directed at the accused shall be asked by and through
one interrogator at any one time.
(d) The accused shall be informed of the nature of the investigation
prior to any interrogation, and given the names of all known
complainants.
(e) Interrogations shall be for reasonable periods and shall be timed
to allow for such personal necessities and rest period as are
reasonably necessary.
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
Tentative Agreement — Date: it City:
City's Proposal 7/23/2011
asking questions at a later time, that were not covered by the
first statement.
No mechanical device, including, but not limited to, polygraph,
psychological stress evaluator, et al., shall be forced onto an
accused, nor shall disciplinary action be taken against an
accused who refuses to submit to such testing.
(j) If the accused is under arrest, or is likely to be arrested as a
result of the interrogation, he shall be fully informed of his or
her legal rights prior to any interrogation.
(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.
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
Tentative Agreement — Date: 7b3410 it City: Pk) )1 IAFF:
City's.Proposal 7/2 011
to have Union representation present if he or she desires it. If such meeting occurs
between 9:00 a.m. and 5:00 p.m. on normal Monday through Friday business days
the employee shall be allowed two (2) hours to have Union representative present.
If such meeting occurs at times other than, those described above, the employee
shall be allowed four (4) hours to secure Union representation. The Union
representative shall be an advisor to the employee and shall not have the right to
cross -exam ination.
Tentative Agreement — Date: 7 as City: )T1 IAFF:
2
Union Proposal
July 13, 2011
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
gotifityMiami-Dade County resident, (3) resident outside of Daele—Getuat-yMiarni-
Dade County.
Tentative Agreement: City 4)-)i))1 Date
ARTICLE 36
SHIFT STRENGTH
36.1 Effective October 1, 2009, t 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.
36.2 The City and the Union agree that for fiscal year 2011-2012 the Chief will have
discretion to reduce or adjust the staffing of uniform personnel down to one hundred and forty
(140) uniform personnel on duty per shift based upon service needs.
City Proposal 8/12/2011
Tentative Agreement — Date:
City:
City's Proposal 7/23/2011
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.
Tentative Agreement — Date:
Union Proposal
July 13, 2011
ARTICLE 38
2 TOTAL AGREEMENT
3 38.1. The parties agree that this Collective Bargaining Agreement
4 represents the total agreement during the life of this contract, and no requests shall
5 be made to increase the cost of wages, hours, and working conditions through the
6 Civil Service Board, City Manager, the Mayor, or the City Commission during the
7 life of this Collective Bargaining Contract.
Tentative Agreement: City 2.7113-2 Date77(34
City's Proposal 7/23/2011
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
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.
Tentative Agreement — Date:
City: 1)P7 1.?"7 IAFF
Union Proposal
July 13, 2011
1 ARTICLE 40
2 REPRESENTATION OF THE UNION
3 40.1. The bargaining unit shall be represented by the President of the Union
4 or by a person or persons designated in writing to the City Manager or his designee
5 by the President of the Union. The identification of representatives shall be made
6 each year prior to April 1.
7 40.2. The President of the Union, or the person or persons designated by
8 said President, shall have full authority to conclude a collective bargaining
9 agreement on behalf of the Union subject to a majority vote of those bargaining unit
10 members voting on the question of ratification.
]. ] 40.3. It is understood that the Union representative or representatives are
12 the official representatives of the Union for the purpose of negotiating with the City.
13 Such negotiations entered into with persons other than those as defined herein,
14 regardless of their position or association with the Union, shall be deemed
15 unauthorized and shall have no weight or authority in committing or in any way
16 obligating the Union.
17 40.4. It shall be the responsibility of the Union to notify the City Manager or
18 designee in writing of any changes in the designation of the President of the Union
19 or of any certified representative of the Union.
Tentative Agreement: City NI Date 1'//.3/ / Uru e 7/3/1
Union Proposal
July 13, 2011
ARTICLE 41
2 AGREEMENT IN THE EVENT OF TRANSFER
3 41.1. The City agrees that in the event of a transfer of the Fire Department
4 or its functions to Miami -Dade County, all the rights and benefits of the transferred
5 employees guaranteed under this Agreement shall be continued for the term of this
6 Agreement.
Tentative Aareement: Ci
Date V/3 4/
Union Proposal
July 13, 2011
ARTICLE 42
2 SAVINGS PROVISION
3 42.1. If this Agreement or any provision, section, subsection, sentence,
4 clause, phrase or word of this Agreement is declared invalid by a court of competent
5 jurisdiction, the remainder of the Agreement shall remain in full force and effect.
6 The parties will meet, promptly, to negotiate replacement language in accordance
7 with Chapter 447, Part II, Florida Statutes.
Tentative Agreement: City ->.-hM Date
ARTICLE 43
PENSION
43.1. Pension Plan
The pension benefits and employee contributions of employees covered by this Agreement shall
be as provided in the City of Miami Firefightersand Police Officers' Retirement Trust, Section
40-191 through 40-213, Miami City Code ("FIPO").
43.2 Balance Transfers.
A. Members may elect to transfer funds from their account in the Miami Firefighters' Relief
& Pension Fund (175) to the FIPO Trustto 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 Firefighter& Relief & Pension Fund (175) shall
be allowed if rollovers of this type are approved by the Miami Firefighters' Relief & Pension Fund
(175) trustee board.
43.3 Share Plan
The parties agree that the Firefighters Relief and Pension Fund ("Share Plan") created by
Ordinance No. 6432 and subsequently amended, shall be amended by City ordinance to provide
for the transfer of Ch. 175 premium tax revenues received in calendar year 2012, in the amount
of $4,938,318 from the Share Plan to the Firefighters' and Police Officers' Retirement Trust
("FIPO"), to reduce the City's annual required contribution to FIPO for the 2011-12 plan year.
Provided, if the actual total amount of premium tax revenues received in 2012 is less than
$5,088,318, then the actual amount received less the administrative cost of the Share Plan shall
be transferred to FIPO to reduce the City's annual required contribution to FIPO for the 2011-12
plan year. The transfer of pre 'um tax revenues provided in the preceding sentences shall occur
Union Proposal 9/16/2011
Tentative Agreement Date: City: Unio
within 10 days following the date the premium tax revenues are received by the Share Plan. In
the event the transfer of premium tax revenues provided above is not approved by the Florida
Division of Retirement, the parties agree that employee contributions to FIPO shall be increased
by a percentage of firefighter payroll that equals $4,938,138, and premium tax revenues equal to
$4,938,138 shall be transferred from the share plan to FIPO and used to reduce the employee
contribution back to the current level.
43.4 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 percent (37%)
or less of pensionable payroll by September 30th of each year. If the City's contribution is less
than thirty four percent (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 ten (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 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.
Union Proposal 9/16/2011
Tentative Agreement Date: 7///fr City:
City's Proposal
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.
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.
Tentative Agreement — Date:
City: 41 IAFF:
City's Proposal
44.4 Employees covered by this Agreement who retire after October 1,
1993 shall be paid foronehundred 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 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
Tentative Agreement — Date: g / f i City:
City's Proposal
(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.
Tentative Agreement — Date:
City:
)11
City's Proposal 7/23/201I
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_ethication.al programs may be coverer], 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. Ali 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
Tentative Agreement — Date: 7 A i ski), 1 City:
City's Proposal 7/23/2011
calendar year. The reimbursement limitations specified in this Article do not apply
to the educational reimbursement specified in Article 26- Education.
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 Resources Department.
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.
Tentative Agreement — Date:
City: )11 ):/ri 1AFF
City's Proposal 7/23/2011
45.7. In the event the bargaining unit member resigns or is terminated from
the City within one (1) year .followingcompletion of the course(s) for which 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
p aycheck.
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.
Tentative Agreement — Date: 7 g `�' 1 City: 1/ j/"- 1AFF:6.---
Union Proposal
July 13, 2011
ARTICLE 46
2 BARGAINING UNIT MEMBERS KILLED IN THE LINE OF DUTY
3 46.1. Any full-time Bargaining Unit Member who is killed while in the
4 performance of his or her official duties or who subsequently dies from injuries
5 within twelve (12) months of the incident from his or her wounds shall be given a
6 promotion to the rank of Battalion Chief. Leave balances will be paid off at the
7 hourly rate of the newly promoted rank. The beneficiary of the deceased shall
s receive a sum of $200,000 from the City upon said bargaining unit member's death.
9 Application shall be made to the City for payment of such death benefits.
Tentative Agreement: City
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 RI-IP
Plan Document and/or Trusi Agreement.
47.3. Effective October 1, 2008, t 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. Aeneas shall be determined by the Retiree Health Trust Board in
accordance with the IRS R4les and Regulations. The Union shall waive the annual contribution
discussed in this paragraph for fiscal year 2009 201-0 and fiscal year 2010 2011 2011-2012.
47.4. It is the intent of the parties that upon severance of service from the Department
all members will have thir sick leave balances calculated at their rate of pay at time of
severance and transferred tol 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.
City Proposal 8/18/2011
Tentative Agreement — Date:
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 become effective October 1, 2011; except where otherwise stipulated. This
Agreement shall continue in force until September 30, 2012.
48.2. On or before May 1, 2012, 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, 2012, 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, 2011 2012, 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.
City Proposal 9/9/2011
Tentative Agreement — Date:
City:
48.6 The parties agree that by entering into and ratifying this Agreement neither party
waives any of its rights to pursue all pending court or Public Employees Relations Commission
proceedings and any and all remedies resulting from those proceedings related to and arising out
of the declaration of financial urgency by the City in April of 2010, and any and all resulting
changes or impacts of that declaration.
48.7 During the term of this Agreement, October 1, 2011 through September 30, 2012,
the City shall not reduce wages or benefits contained herein.
48.8 The Agreement between the City and the Union is contingent upon the realization
of similar cost reductions from the budget of the Police Department and the Fraternal Order of
Police Lodge 20. In the event similar or comparable personnel cost reductions are not realized
by the City with regard to the 2011-2012 budget then the amount of 175 Premium Tax dollars
transferred to the FIPO to reduce the City's October 1, 2011 contribution will be reduced by that
amount and will remain in the Share Plan.
For the purpose of this section "similar" or "comparable" shall be defined as eight million
dollars ($8,000,000) or more in personnel cost reductions from the budget of the Police
Department and either by agreement or by modification of the current FOP contractual
obligation pursuant to a declared Financial Urgency.
Agreed to this day of , 2011, by and between the
respective parties through an authorized representative or representatives of the Union and by the
City Manager.
City Proposal 9/9/2011
Tentative Agreement — Date: City: