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HomeMy WebLinkAboutExhibitAGREEMENT THIS AGREEMENT is entered into by the CITY OF MIAMI, FLORIDA, a municipal corporation, hereinafter referred to as the City, and the INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL #587, hereinafter referred to as the Union. The City and the Union shall jointly hereinafter be referred to as the Parties. It is the intention of this Agreement to provide for wages, fringe benefits and other terms and conditions of employment. It is further the intention of this Agreement to prevent interruption of work and interference with efficient operation of the City of Miami and to provide for an orderly, prompt, and just manner of handling grievances. Tentative Agreement: Agreement: City Datetiv(1Uni 2_ ARTICLE 1 RECOGNITION 1.1. The City hereby recognizes the Union as the sole and exclusive bargaining agent for all persons in the Fire Department within the following classifications: Firefighter, Fire Lieutenant, Fire Captain, and Chief Fire Officer. Excluded are all other employees and classifications, and specifically excluded are: Fire Chief, Deputy Fire Chief, Assistant Fire Chief, and Executive Assistant to Fire Chief. Tentative Agreement: City Date Unio Date ARTICLE 2 NO STRIKE 2.1. "Strike" means the concerted failure to report for duty, the concerted absence of employees from their positions, the concerted stoppage of work, the concerted submission of resignations, the concerted abstinence in whole or in part by any group of employees from the full and faithful performance of their duties of employment with the City, participation in a deliberate and concerted course of conduct which adversely affects the services of the City, or picketing in furtherance of a work stoppage either during the term of the Collective Bargaining Agreement or after the expiration of a Collective Bargaining Agreement. 2.2. Neither the Union, nor any of its officers or agents, nor members covered by this Agreement, nor any other employees covered by this Agreement, will instigate, promote, sponsor, or engage in any strike, sympathy strike, slowdown, concerted stoppage of work, picketing in support of a work stoppage, or any other activity which prohibits an employee from reporting for duty. Tentative Agreement: City )W )19 Date 7,46/2.-- Unio Date ARTICLE 3 UNION BUSINESS An employee organization time pool is hereby authorized subject to the following: 3.1. The City agrees to establish a one time pool bank of six thousand (6,000) hours per fiscal year to be used in accordance with the provisions of this Article and during the term of this Agreement. All unused hours will be carried over to the following fiscal year. 3.2. For each bargaining unit member, except the Employee Organization President and designee on full time release, who is authorized to use time from the time pool, the President or his designee shall fill out the appropriate form as provided by the City. This form shall be processed through channels of the bargaining unit member who is to use the pool time. The form will be processed as soon as possible and when possible will be in the office of the Fire Chief seven (7) calendar days prior to the time the employee has been authorized to use the pool time. 3.3, Bargaining unit members shall be released from duty on pool time only if the needs of the service permit, but such release shall not be unreasonably denied. If because of the needs of the service a bargaining unit member cannot be released at the time desired, the Employee Organization may request an alternate bargaining unit member be released from duty during the desired time. 3.4. Employee Organization Time Pool hours will be used on an hour for hour basis, regardless of the hourly rate of the bargaining unit member using Time Pool time. Effective October 1, 2006, the hours used by the Employee Organization President while released from duty shall no longer be chargd against the ployee 0rg4ni2,ationTime TentativeAgreement: City Date Uni Date Pool Bank.. In reporting a bargaining unit member's absence as a result of utilizing the Organization Time Pool, the daily attendance record shall reflect: "John Doe on EUP" (Union Time Pool) 3.5. Any injury received or any accident incurred by a bargaining unit member whose time is being paid for by the Employee Organization Time Pool, or while engaged in activities paid for by the Employee Organization Time Pool, except the Employee Organization President and the designee when on full-time release, shall not be considered a line -of -duty injury, nor shall such injury or accident be considered to have been incurred in the course and scope of his employment by the City within the meaning of Chapter 440, Florida Statutes as amended. This section shall not include benefits attainable through F.S. 112.181. 3.6. Upon written request through channels, only the Employee Organization President and a designee will be released for the term of this Agreement from his or her regularly assigned duties for the City of Miami Fire Department. The terms of this Agreement for such release are only to be implemented if the following qualifications are met by the Employee Organization: A. The Local 587 President and a designee will reasonably be available at the Local 587 Office currently located at 2980 N.W. South River Drive, Miami, Florida, 33125, for consultation with the Management of the City. B. The Employee Organization President shall be the only Bargaining Unit representative released on "EUP" time to appear before any City Board or Commission. In the absence of the President, the President's designee Tentative Agreement City7)/h, Date (rh Uni may represent the Employee Organization; however, the designee must comply with Section 2 of this Article. C. The Time Pool will be charged for all hours during which the designee is off - duty release except for absences due to use of vacation leave, compensatory leave, sick leave, or holidays will be charged to the designee's employee leave accounts. The Employee Organization President and designee shall not be eligible for overtime or compensatory time, unless performing work in excess of the normal work week for the Fire Department in his/her civil service classification. 3.7. All applicable rules, regulations, and orders shall apply to any bargaining unit member on time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the bargaining unit member on pool time to the regular disciplinary processes currently provided for in the Miami Fire Department. 3.8. The City reserves the right to rescind the provisions of this Article in the event any portion of the Article is found to be illegal. Canceling the Article shall not preclude further negotiations of future employee pool time. 3.9. Each bargaining unit member covered by this Agreement may voluntarily contribute vacation time to the Time Pool in twelve (12)-hour increments. 3.10. Each bargaining unit member who wishes to donate time will use a time pool donation form, which will be provided by the City. This form shall include language releasing the City from any and all liability to pay for vacation time contributed by the bargaining unit member to the Time Pool. Tentative Agreement: City Date Uni 3.11. The Union will be allowed up to three (3) bargaining unit member representatives who shall be permitted to participate in labor contract negotiation sessions while on duty with no loss of pay or emoluments. Tentative Agreement: Ci ARTICLE 4 DISCRIMINATION 4.1. No employee covered by this Agreement will be discriminated against with regard to any job benefits or other conditions of employment accruing from this Agreement because of age, race, ethnicity, religion, national origin, union membership, gender, disability or sexual orientation. 4.2. All references in this Agreement to employees of the male gender are used for convenience only and shall be construed to include both male and female employees. Tentative Agreement: Ci Date? Uni ccrt3 8/,.a.1 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 10 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. 15 e 1 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; deteiniination of the 9 mission and objectives of the Fire Department; detennination of the methods, 10 means, and number of personnel needed to carry out the Fire Department's 11 missions and objectives; introduction of new or improved methods or facilities; and 12 scheduling of operation and shifts. 1 3 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 ancVor 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. 0 2.- 1 6.3. The parties also agree that in no way should this BOU and the 2 agreement to set up this BOU, limit the rights of the Union and its membership 3 under Article 5: Prevailing Benefits. 4 6.4. The parties agree to continually update the BOU when new MOUs are 5 entered into between the parties, or other binding decisions or agreements are 6 generated or found. 7 ARTICLE 7 UNION REPRESENTATIVES 7.1. Representatives of the Union who are not employees of the City shall be certified in writing to the Fire Chief. Certified representatives may be allowed to meet with individual employees on City property during working hours to carry on normal business of the Union, if the Fire Chief has prior knowledge of such activity and such visitation does not interfere with efficient operations. Tentative Agreement: City )24 Unio ARTICLE 8 NOTICES 8.1. The City agrees to make available to the President of the Union the following notices or bulletins: City Commission Agenda; changes or additions to the City Administrative Policy Manual and the Personnel Policy Manual; Budget Estimate as distributed by the City Manager to the City Commission which shall include the Fire Department estimate. Such notices or bulletins will be picked up by a Union representative at the Labor Relations Office during normal work hours, or be transmitted through the interoffice mail to a location designated by the Union President. 8.2. In the course of conducting business, the parties agree that the furnishing of documents at no cost to the Union by the City is a normal practice. Public Records requests made by the Union or their representatives exceeding one hundred (100) pages or requiring administrative research or time, shall be furnished to the Union at a twenty percent (20%) discount. Tentative Agreement: Ci Date 746 / Unio Date City Proposal #2 7/16/2012 1 ARTICLE 9 2 SHIFT EXCHANGE 3 9.1. Employees shall have the right to exchange shifts under the following 4 circumstances: 5 6 7 8 A. He may owe up to eight (8) shifts at any one time including "R" days. 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 10 exchange of time result in the employee working in excess of 11 two consecutive tours of duty. 12 D. Trading of time must be done voluntarily by the employees. 13 14 E. The reason for the shift exchange is not related to City business. 15 F. The period during which time is traded and paid back does not 16 exceed twelve months. 17 18 G. The City incurs no overtime obligation as a result of the shift exchange. 19 H. 1) Exchange of time shall not occur between firefighters and 20 officers. 21 2) Exchanges of time between officers within the 22 Emergency Response Division may occur at the same 23 rank, at one (1) rank below, or at one (1) rank above, the 24 officer's rank. Tentative Agreement City )14 )31 Dat -7 Union Date City Proposal #2 7/16/2012 1 3) With the restrictions set forth above, personnel assigned 2 to Advanced Life Support positions may exchange time 3 with personnel who are state certified paramedics. 4 Tentative Agreement Ct)3'7»1 Da Union Date 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 paidbeginning 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. bib 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 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. 10.11. a. The parties agree that for all Fire Promotional Exams administered after ratification of this agreement, the City shall reguire anv outside testing provider/vendor to allow 7/Ia all n candidates to reviewreviewtheir full cornpieted testing exam including any d a information provided to or produced by assessors, except for the assessors' notes. All documents, criteria, evaluations, comments, or feedback provided to or produced by any Oral Board Exercise/Assessment Center Assessors, except for the assessors notes, shall be provided to testing candidates for their review after testing scores are released. Candidates will be provided within a reasonable period after completion of their exam, one opportunity of no less than 2 hours to review the assessor information described above. The candidate will not be allowed to copy, photograph, take notes or remove any of the materials during the review. b. The City will provide sufficient training reasonably aimed at successful performance in the Oral Board Exercise/Assessment Center portion of the exams. c. The City and The Union agree to implement changes to the Oral Board Exercise/Assessment Centerortion of the Fire Captain and Chief Fire Officer exams, which are in the best interest of both parties. To that end a Labor Management Fire Promotional Exam Panel shall be established to achieve these changes. The Specifications for any Fire Promotional Exams administered after ratification of this agreement shall be determined by a Labor -Management Panel comprised of four (4) members selected by the City and four (4) members selected by the Union. The panel shall have access to the assistance of an independent mutually agreed upon expert at a cost to the city not to exceed $25,000.00. If there is a consensus among Panel members by u 15 2013 for the specification of the 2012/2013 Fire Captain and Chief Fire Officer Fire Promotional Exams. then those specifications shall be utilized by the City Manager. If there is no consensus among Panel members by January 15, 2013 for the specifications of the 2012/2013 Fire Captain .7/76 and Chief Fire Officer Exam, then 2 se enorts shall be submitted to the CityManage within 10 business days. The City Manager shall not enter into agreement with the Testing Vendor until he has received both reports. The C. Manager's decision with regard to the specification is final and is not grievable. e. The Specifications for all subsequent Fire Promotional Exams shall also be determined by the Labor -Management Panel as described above. If there is no consensus among the Panel members by August 1, 2013 for the specifications of the 2013/2014 Promotional Exams. then procedure described in paragraph d shall apply. City Proposal #2 7/16/2012 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 Chiefs 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 exist, the parties agree to discuss alternate means of communication. 9 Any notice placed on the bulletin board shall bear on its face the legible 10 designation of the 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. 16 Tentative Agreement City Date ARTICLE 12 LINE OF DUTY INJURIES 12.1. The City agrees to pay 'ea] and hospitalization expenses incurred by any employee covered y'this greement 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 ef5cient 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 phyeician Should the injured bargaining unit member choose a provider for assessment and initial treatment outside the managed-eare provider 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 Asirletnent: City Date 19 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 consist of an amount equal to the workers' compensation payment and the supplementary salary as set out, and subject to the limitations below. After those deductions with mandated preference under federal law, the City agrees to take deductions and/or credits from this second paycheck in the following order: workers' compensation,*1 pension, health insurance, and any other deductions. The parties agree that this process is intended to provide the employee with these paychecks without interruptions. Should the bargaining unit member refuse to return the workers' compensation check to the City, the City shall cease making any deductions for the employee from the second check for pension, health insurance, etc. and the bargaining unit member shall then be completely responsible for making those payments on his/her own, until the employee elects to participate in the paycheck system described above in Section 12.2. be indicated on the check as a credit for the City and will be non-taxable. Tentative Agreement: City V2W Date 20 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. Tentative Agreement: Ci Date 2- Uni 21 12.5. It is agreed by the parties that the combination of supplementary and workers' compensation pay shall not exceed nor be less than one hundred percent (100%) of the bargaining unit member's weekly net base pay (excluding overtime and any pay supplements not included in the bargaining unit member's base salary) prior to the line of duty injury, accident, or occupational disease. Bargaining unit members who receive supplementary and worker's compensation pay, shall have a weekly amount of $88.95 ($177.90 biweekly) deducted from supplementary salary while on worker's compensation. Should the bargaining unit member receive supplementary and worker's compensation pay for less than a week, the $88.95 weekly deduction shall be prorated as appropriate for the days the bargaining unit member was on worker's compensation. The $88.95 weekly deduction will be deducted on a priority basis above any other deductions, excluding withholding taxes, FICA, pension, or court ordered deductions. 12.6. If an employee remains temporarily disabled beyond the period of time in which he is entitled to collect the 100% supplementary pay benefits, he shall be entitled to supplementary pay equal to the 2/3 "D" payments pursuant to current practice. 12.7. If an employee becomes permanently and totally incapacitated from the further performance of the duties of his classified position he shall petition the retirement board for retirement. The supplementary salary of the difference of 2/3 "D" as described above, shall continue until the retirement is finally granted or Tentative Agreement: Ci Da 22 denied. The section shall not be construed to modify the employee's rights under the current pension ordinance. 12.8. At any time during his absence from duty claimed to be the result of a line of duty injury while an employee is collecting City supplementary pay, the employee shall be required, upon the request of the City Manager, or his designee, to submit to a physical examination by a physician designated by the City Manager within fifteen days of the request. If such employee, without cause, as determined by the City Manager, shall fail to submit to the examination at the time specified, all City supplementary salary benefits will be terminated. 12.9. The City agrees to notify and confer with the Union prior to any official action regarding the discontinuance of any supplemental salary benefit related to a line -of -duty injury. 12.10. Any condition or impairment of health caused by Human Immunodeficiency Virus/Acquired Immunity Immune Deficiency Syndrome (HIV/AIDS), Hepatitis, PitiBleEt-Etry Tuberculosis, or Meningitis shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary can be shown by satisfactory evidence. For the term of the Agreement, any employee covered by this Agreement who tests positive for any aforementioned conditions or diseases shall be entitled at the City's expense to such remedial, palliative, or prophylactic care as may be medically required. Any employee covered by this agreement who refuses to take the pre -employment (post conditional offer of emplo ment) medical examination a Tentative Agreement: City Date of its components 23 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 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: City I7 Da Uni 24 City Proposal #2 7/16/2012 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 7 appointed as the ninth non -voting member by the Chief of the Fire Department 8 upon 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. 0 13.2. The Safety Committee shall meet bimonthly, or more or less often by 11 mutual consent, and such meeting shall be scheduled at the time established by 12 the Chief of the Fire Department. The Chief of the Fire Department, or his 13 designee, 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 17 collective 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 20 the Chief of the Fire Department at least five (5) working days prior to the 21 meeting, together with such information as may be helpful in preparing a 22 meaningful meeting agenda program. The agenda shall be provided to each Tentative Agreement City Date7//6://2_ Unio City Proposal #2 7/16/2012 1 member of the Committee. The Chief of the Fire Department shall arrange for 2 minutes to be taken of each meeting, and for distribution of copies to each member 3 of the Committee. Recommendations of the Committee may be sent to the City 4 Manager or his designee if requested by a member of the Committee. 5 13.5. Agenda issues and subsequent discussions on the subject of safety 6 and health shall not limit or preclude the right of the Union to seek enforcement of 7 safety requirements under the Occupational Safety and Health Act, if applicable. 8 Tentative Agreement Ci Date 7 Unio ARTICLE 14 SPECIAL MEETINGS 14.1. The City and the Union agree to meet and confer on matters of interest upon the written request of either party. The written request shall state the nature of the matters to be discussed and the reason(s) for requesting the meeting. Discussion shall be limited to matters set forth in the request, but it is understood that these special meetings shall not be used to renegotiate this Agreement. Special meetings shall be held within ten (10) calendar days of the receipt of the written request and shall be held between 8:00 a.m. and 5:00 p.m. at a time designated by the City. The Union and the City shall be represented by not more than four (4) persons each at special meetings. 14.2. Employee representatives of the Union at special meetings will be paid by the City for time spent in special meetings if on duty, but only for the straight time hours they would otherwise have worked on their regular work schedule. Time spent in special meetings shall be considered as hours worked. 14.3. No special meeting shall be held unless the Fire Chief is notified in advance and approves the arrangements made for releasing any on -duty Firefighter who is to attend such meeting. 14.4. The parties agree to participate in the LaborfManagement process as currently established. The LaborfManagement process is an ongoing tool for addressing and solving issues and problems concerning the Union, the Department, and the City. Issues are dealt with as they arise and do not require the formalities Tentative Agreement: City)-fri )74 Da Unio Date 'ilir/t- of reopening negotiations. Any agreements made that have an economic impact on the City must be approved by the City Manager or his designee. It is agreed this process complies with and is an extension of Article 14, as the Labor/Management process applies to collective bargaining. Tentative Agreement: City Date7/J 2 Union 1 ARTICLE 15 2 GRIEVANCE PROCEDURE 3 15.1. A grievance is defined as a dispute involving the interpretation 4 or application of the specific provision 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 this 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 articles(s) of this agreement shall be denied and not eligible to advance through the 10 steps of the Grievance Procedure including arbitration. Grievances involving 11 Workers' Compensation are not subject to the grievance procedure of this 12 Agreement; except that a question concerning supplemental salary may properly be 13 processed 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 Department of Human 18 Resources, Labor Relations Division Office of Labor Relations. Any employee 19 electing a remedy other than this grievance procedure shall be denied the use of the 20 Grievance Procedure for the resolution of this specific grievance. 21 The union and its members agree that an appeal to any other forum to 22 resolve an issue that would otherwise be subject to this grievance procedure under )11)13 42- Le )2- this Agreement would preclude the use of said Grievance Procedure to resolve such 2 alleged gnevable issues. 3 15.4. Nothing in this Article shall prevent the Union from appearing before 4 the City Commission or other City boards on matters concerning the terms and 5 conditions of employment or on any matter affecting the welfare of its members, 6 and such shall not be considered as an election of remedy under this Article. 7 However, such appearance by the Union shall not be in violation of Florida 8 Statutes, Chapter 447.501(2), (a), (b), (c). 9 15.5. Grievance shall be processed in accordance with the following 10 procedure: 11 12 Step 1. The aggrieved employee shall discuss the grievance with his 13 immediate officer within seven (7) calendar days of the occurrence, which gave, rise 14 to the grievance. The Union representative may be present to represent the 15 employee, if the employee desires him present. The immediate officer shall attempt 16 to the matter and/or respond to the employee within seven (7) calendar days. 17 18 Where a grievance is general in nature in that it applies to a number of 19 employees having the same issue to be decided, or if the grievance is directly 20 between the Union and the City, it shall be presented directly at Step 3 of the 21 Grievance Procedure, within the time limits provided for the submission of a 22 grievance in Step 1 and Step 2 and signed by the aggrieved employees or the Union C411'41"/ 71224.0 /2, 6f94-)/ 1 representative on their behalf. The Election of Remedy form as provided in Section 2 15.3 of this article shall be completed and attached to grievances presented directly 3 at Step 3. All grievances must be processed within the time limits herein provided 4 unless extended by mutual agreement in writing. Any grievance not processed by 5 the Union in accordance with the time limits provided in each step of the Article 6 shall be considered conclusively abandoned. Any grievance not processed by the 7 City within the time limits provided herein shall be automatically advanced to next 8 higher step in the Grievance Procedure. 9 10 Step 2. If the grievance has not been satisfactorily resolved at Step 1, the 11 aggrieved employee or employees shall meet with the Union Grievance Committee 12 on non -City time and non -City property and the Union Grievance Committee shall 13 detei mine if a grievance exists. If the Grievance Committee decides to advance the 14 Grievance, a Union representative shall reduce the grievance to writing on the 15 standard foriu provided by the City for this purpose and present such written 16 grievance to the Fire Chief within forty (40) calendar days from the date of the Step 17 1 answer was given to the grievance or the Union. The Fire Chief shall meet with 18 the Union representative and shall respond to the Union in writing within seven (7) 19 calendar days from receipt of the written grievance. Within the forty (40) calendar 20 day time frame as outlined above, the Union shall notify the Fire Chief in writing of 21 the nature of the grievance; what specific provision(s) were allegedly violated; 22 whether the Union will advance the grievance, the grievant must submit a written 1 grievance to the Fire Chief within three (3) calendar days of the date on which he 2 was advised by the Union of its position or the grievance shall be considered 3 abandoned. 4 5 The parties agree, however, that nothing in this section shall be construed 6 to prevent a member of the bargaining unit from presenting his grievance to the 7 public employer and have such grievance adjusted without the intervention of the 8 Union Representative, if the adjustment is not inconsistent with the tennis of the 9 Collective Bargaining Agreement then in effect. The Union Representative will be 10 given a reasonable opportunity to be present at any meeting between the grievant 11 and the City representatives for the resolution of said grievance. All of the above 12 must be consistent with the time frames described in the various steps of the 13 Grievance Procedure as outlined herein. 14 15 Ste 3. If the Grievance has not been satisfactorily resolved at Step 16 2, the Union may present a written appeal to the Director of Human Resources or 17 designee Labor Relations Officcr within ten (10) calendar days from the time the 18 Step 2 response was due. The Director of Human Resources or designee Labor 19 ReIations Officer shall meet within the Union representative to hear the grievance 20 and shall respond in writing to the Union within fourteen (14) calendar days from 21 the receipt of appeal. 22 g401-h 2 Step 4. If the Grievance has not been satisfactorily resolved at the Step 3 3 level of the Grievance Procedure, the Union or an individual bargaining unit 4 grievant may request a review by an impartial arbitrator provided such request is 5 filed in writing with the Director of Human Resources or designee Labor Relations 6 Officer no later than twenty-one (21 calendar days after the Director of Human 7 Resources' or designee's 8 Grievance Procedure. 9 esponse is due in Step 3 of the 10 15.6. The parties to this Agreement will attempt to mutually agree upon an 11 independent Arbitrator. If the parties fail to select an arbitrator, either the Federal 12 Mediation and Conciliation Service or the American Arbitration Association shall be 13 requested for a panel or panels to be submitted. If the parties cannot agree, they 14 will alternate between the two (2). The cost of said panel(s) shall be shared equally 15 by the parties. 16 15.7. The arbitration shall be conducted under the rules set forth by the 17 American Arbitration Association on this subject except that Rules 1, 2, 3, 4, 5, 6, 18 7(b), 8, 9, 12, 14, 15, 16, 21, 25, 42, and 43 shall not be applicable or utilized by the 19 Arbitrator. Subject to the following, the Arbitrator shall have jurisdiction and 20 authority to decide a grievance as defined in this Agreement. The Arbitrator shall 21 have no authority to change, amend, add to, subtract from or otherwise alter or 22 supplement this Agreement or any part thereof or any amendment thereto. 5 >-fri )71 512212o/2_ 1 Arbitrator shall have no authority to consider or rule upon any matter which is 2 stated in this Agreement not to be subject to arbitration or which is not a grievance 3 as defined in this Agreement, or which is not specifically covered by this Agreement; 4 nor shall this Collective Bargaining Agreement be construed by an arbitrator to 5 supersede applicable laws in existence at the time of signing this Agreement. 6 15.8 The Arbitrator may not issue declaratory or advisory opinions and 7 shall confine himself exclusively to the question, which is presented to him, which 8 question must be actual and existing. 9 15.9 It is contemplated that the City and the Union mutually agree in 10 writing as to the statement of the matter to be arbitrated prior to hearing. When 11 this is done, the Arbitrator shall confine his decision to the particular matter thus 12 specified. When the parties are unable to agree, the Arbitrator shall decide the 13 issue or issues to be arbitrated. 14 15.10 Each party shall bear the expense of its own witnesses and of its own 15 representatives. The parties shall bear equally the expense of the impartial 16 arbitrator. The party desiring a transcript of the hearing will bear the cost of same. 17 15.11 Copies of the award of the arbitration made in accordance with the 18 jurisdiction or authority under this Agreement shall be furnished to both parties 19 within thirty (30) calendar days of the hearing and shall be final and binding on 20 both parties. 21 )7i )17 Y /z2 /2 ei a ARTICLE 16 SAFETY SHOES 16.1. The City shall, effective upon ratification of the labor agreement, reimburse bargaining unit employees up to $150 for the purchase of an initial pair of safety shoes, the replacement of same due to job related wear and tear or accidental destruction or at the employee's discretion, the refurbishment or resoling of same. To receive tlais allowance, the employee will present the purchased, refurbished, or resoled shoes and the bill of sale to a management representative. Safety shoes paid for by the City shall only be worn when on Fire Department business, including reporting to and from work. 16.2. The Chief of the Fire Department or his designee shall determine when, in his judgment, a pair of safety shoes shall be issued as replacement. Safety shoes shall be issued on the basis of need and not on an automatic basis. Any bargaining unit member requesting the replacement of more than one (1) pair of safety shoes during a calendar year shall satisfactorily demonstrate in writing on a form provided by the City that the replacement of said safety shoe is necessary due to job related wear and tear or accidental destruction. 16.3. Employees who work in positions in which safety shoes are not required shall also be eligible for a shoe allowance to purchase, refurbish, or resole a pair of approved uniform dress shoes. 16.4. The shoe standard as administered in the past must be met to qualify for the reimbursement. Tentative Agreement: City )1/171 Date l'//2--//2.- Unio 16.5. Effective upon ratification, the City shall reimburse bargaining unit employees who have successfully completed recruit training up to $300 for an initial pair of leather structural firefighting boots. The City shall provide said reimbursement in accordance with the procedure set forth above for safety shoes, except that any bargaining unit member requesting the replacement of more than one (1) pair of boots in a three (3) year period shall satisfactorily demonstrate in writing on a form provided by the City that the replacement of boots is necessary due to job related wear and tear or accidental destruction. The Fire Chief or designee shall have final approval for early replacement of boots suspected of non - job related wear and tear, or damage. 16.6. Structural firefighting boots shall meet the minimum safety standard set by the Fire Department Safety Committee, after considering all available safety standards. Tentative Agreement: City Da 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 for IAFF as of January 1, 24142012, and attached hereto as Appendix 702? 9 42_ /2, 36 ARTICLE 18 WAGES 18.1. 30, 2011. The parties agree that, except as otherwise provided in this Articles, there will be no increase or decrease of base wages for the 20112012- 2012 2013 and 2013-14 fiscal years. 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 1 of Appendix A Bargaining Unit members will receive, on the first pay day following ratification, an adjustment to their salary to inclusive ofinclude the anniversary and longevities; that they would have received had they not been frozen in 2010. Thereafter these -amounts, steps and longevities shall be frozen until a new agreement is reached. 18.3. All bargaining unit member who are assigned to Advanced Life a. 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-annual basis for fiscal year 2013 and 2014 as compared to the amount of the EMS Services Billing Revenue received for the same time period for fiscal year 2011. b. If the City matches the County EMS fee structure, then, in lieu of the formula set forth in section (a) above. EMS Revenue shall be split 70-30 (employee -city). The sharing will occur on a semi-annual basis. The bargaining unit Advanced Life Support assigned personnel will receive the amount collected above $3.64 Million in each semi- annual period 18.4. Effective October 1, 2006 bargaining unit members will adhere to new salary schedules, as outlined in Appendix A, including a new step raise plan as described below. Bargaining unit members, holding the rank of Firefighter, shall receive 2.5% pay increases for each step. Step 2 shall begin with six (6) months employment, and each subsequent step shall be given every six (6) months through Step 17. An additional 2.5% for Step 18 pay raise shall be at the completion of year nine (9) of employment. The current promotional pay differential between ranko shall continue to apply, plug Upon promotion to a higher rank the employee shall receive a ten percent promotional increase in base salary. Upon successful completion of the promotional probationary period in the higher classification, the promoted bargaining unit member shall receive a promotional probation increase independent of his or her date of hire anniversary or longevity step increase. Such increase shall result in the member receiving the salary indicated on the attached Fire Salary Schedule for their respective d total vears of service in the City. For fiscal years 2012-13 and 2013-14 "total years of service" shall cfrfj be determined as of October 1 2012. The promotional probation increase shall continue to be independent of the hire date anniversaries and longevities. This formula shall also constitute the basis for resolution of the outstanding grievances/arbitrations pertaining to promotional pay. hBargaining unit members holding the ranks of Lieutenant, Captain, or Chief Fire Officer shall receive 2.5% pay 'increases for Steps 2 through 12. The Step 2 pay raise shall begin with six (6) months employment, and each subsequent step raise shall be given at the completion of each six (6) months through Step 12. Step pay increases shall be 3% starting with Step 13, which shall begin at the completion of six (6) years of employment, and continue to be given at every six (6) month interval through Step 18. At the completion of year nine (9) of employment a Step 19 raise of 2.5% shall be given. All bargaining unit members shall receive longevity raises at the completion of : 10 years of continuous service — 5% 15 years of continuous service — 2.5% 16 years of continuous service — 2.5% 20 years of continuous service — 5% 21 years of continuous service — 2.5%. For those bargaining unit members hired after September 30, 2007, city service time as a part-time or temporary employee shall not be included for purposes of determining eligibility for longevity increases. It is agreed during the 2011 `-'012 2012-2013 and 2013-14 year, except as specified in 18.2, the cZ /74 aforementioned. step and longevity raises will not be paid to bargaining unit members. 18.5. 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. 18.6. 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. Those on the rehire list may be hired by the Fire Chief as openings occur without regard to the eligibility list for new hires. In addition, the following shall apply: A. In accordance with State certification requirements, eligibility shall be limited to three (3) years following the effective date of resignation. B. Under conditions set forth above, any former permanent fire bargaining unit employees having one (1) to four (4) years, and eleven (11) months of previous continuous service as a firefighter will be placed at Step 1 of Salary Range 24 (48-hour shift) of the Firefighter classification. Former permanent fire bargaining unit employees having five (5) or more years of previous continuous service will be placed at Step 5 of Salary Range 24 (48-hour shift) of the Firefighter classification. 18.7. 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. 18.8. Bargaining unit members shall receive, in recognition of their efforts in generating new revenue, a "revenue incentive" pay supplement of $1,500 annually. The revenue incentive wage payment shall be segregated on the employees paycheck stub so employees realize the pay is based upon their performance. The revenue incentive wage payment will not be rolled into any pay supplements. 18.9. Leaves of absence without pay or suspension of any duration shall cause the effective date of the longevity and anniversary date to be deferred by the same number of calendar days embraced by said leave. This break in pay shall not be considered a break in continuous service. 18.10. Any bargaining unit employee upon normal retirement from City service, or separating under honorable conditions, who has served for a period of twenty-five (25) years or more, shall be granted, at the time of his/her normal retirement or honorable separation, one hundred seventy-three and three tenths (173.3) hours of pay if on a forty (40) hour work week and two hundred eight (208) hours of pay if on a forty-eight (48) hour work week. 18.11. Bargaining unit inembers 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 earning for pension purposes. Effective January 1, 2008, any State Certified Paramedic who is restricted from using their Paramedic License by the Medical Director for failure of Protocol Testing shall be subject to a reduction in Paramedic pay. The manner and the amount of reduction shall be mutually agreed upon by the Union and the Fire Chief, but in no case shall the parties agree to an amount less then EMT pay. Any reduction in pay shall not occur less than six (6) months after the restriction is first applied. The parties agree to further discuss the Protocol Testing and remediation procedures. 18.12. Bargaining unit members shall receive a monthly educational incentive pay supplement in accordance with Section 633.382, Florida Statutes. 18.13. 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... ..... . ..... . ........... ........ Members assigned to the Technical Rescue Team completing 120 hours of department approved training 18.14. The Parties agree than 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. 18.15. 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 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. f1-7/1)_ 18.16 The practice of EMS recertification training shall revert back to the procedures in effect`o to October 1 2011. EMS recertification training shall be performed Off Duty with Overtime pay in accordance with this agreement. 2ig-,--,7 07/d- ARTICLE 19 VACATION TIME I° 19.1. Base vacation hours shall be one hundred forty (140) hours hours for 40-hour employees). Longevity vacation on the sixth, seventh, eighth, ninth and tenth year of employment will be granted at the rate often (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 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.*1 19.2 The following will apply to the scheduling of vacation: .". A. The vacation time multiplier for scheduling vacations shall be 1.25. B. Vacation time may not be used in place of sick time unless the member does not have any sick time in his/her sick time balance. Base vacation leave shall only be credited based on actual service in the previous calendar year_ Vacation leave shall be taken in increments of not less than one (1) hour. C. The Hazardous Materials Team members Shall schedule the vacation under this agreement. 19.3 Vacation shall be taken by the second payroll period following the last payroll period of the calendar year in which the vacation was credited. If using the *Any vacation time balances that are converted to sick time under provisions of Article 19.1.above shall be added over and above the 1200 hour limitations set forth in Art" e 44.6 Tentative Agreement: CitV Date q//2-h2.-- Uni n 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: City !{ /11 Date '/ /t,Z Unio mate i i' j 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. Tentative Agreement: City Date qi/-2-//2- Uni D. In the event, a state of emergency is declared due to an act of God and the City Manager grants emergency leave, such leave shall not be included in determining eligibility for overtime. The employee utilizing such leave shall be paid straight time for those hours worked in excess of their normal 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. Tentative Agreement: City Date 9//2,/r2— Unio 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: City in Date q 21/2. Uni te 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 lie normally holds shall be paid at the hourly rate of-fano-41)-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: City )21M Date 0242_ Uni 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 llth, 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. Tentative Agreement: City 50 23.5. It is agreed and understood that premium pay for work performed on a holiday shall be calculated as one-half of the actual time worked. An employee who works an eight (8) hour shift on which the holiday occurs, shall receive four (4) additional hours as premium pay; an employee who works a sixteen (16) hour shift on a given holiday shall receive eight (8) additional hours as premium pay; and all employees whether they are off or on duty on the day on which the holiday occurs shall receive ten (10) hours for the holiday. The ten (10) hours, plus the premium pay as defined above is payable in cash or earned time at the employee's option according to the following: Any additional holiday time declared by the City shall be considered under the holiday option of cash or earned time for the actual amount of time so declared as holiday; premium pay shall be calculated as one-half the actual amount of time worked for such additional holiday time. Tentative Agreement: Cit),)204 Date /\/72-//) Unio ate 51 ARTICLE 24 RESERVED >147(4 7/2 1)2- 51 ARTICLE 25 FAMILY LEAVE AND LEAVES OF ABSENCE 25.1. The parties to this Agreement believe that the terms and conditions set forth in this Article meet or exceed the requirements specified within the Dade County Family Leave ordinance and the Family Leave Act of the United States. In the event that they do not, the Dade County Family Leave ordinance and the Family Leave Act will supersede these terms and conditions. 25.2. Bargaining unit employees may take a leave of absence without pay 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: City )1'1 /7'7 Da 25.6. Leave without pay for a seriously ill family member or because of a serious illness of the bargaining unit employee may be taken intermittently or on a reduced leave schedule when medically necessary. 25.7. Upon approval of the Fire Chief, and the City Manager or his/her designee, a leave without pay may be granted, for the purpose of entering a course of training or study calculated to improve the quality of the employee's service to the City through course work directly related to the employee's job, for a period not to exceed six (6) months. The request for leave without pay may be extended for an additional six (6) months upon approval of the Fire Chief and the City Manager or his/her designee. Employees requesting said leave of absence shall be revived to submit evidence of registration upon entering each quarter/semester of school. 25.8. A leave of absence without pay may be granted, for a good reason other than mentioned herein, for a period not to exceed ninety (90) days. Approval of said leave is at the sole discretion of the City Manager or his/her designee. 25.9. Bargaining unit employees who desire to take a leave without pay for any reason specified in this Article (excluding serious health condition) must exhaust all their vacation leave balances prior to taking a leave without pay. A request for leave without pay for a serious health condition as provided under the Family and Medical Leave Act shall require the bargaining unit employee to use all sick and vacation leave balances prior to taking leave without pay. Tentative Agreement: City Date 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: City Date942iUnio 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 arid 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_ Tentative Agreement: City 17 )'71 Date ARTICLE 27 BEREAVEMENT LEAVE 27.1. Any employee covered by this Agreement may, in the case of death in the immediate family, be authorized up to a maximum of forty (40) hours of paid leave for any death of a member of the employee's immediate family. Said paid leave days shall be taken consecutively by the employee excluding normal days off and holidays. The immediate family is defined as father, mother, sister, brother, husband, wife, domestic partner, children, domestic partner's children, father-in- law, mother-in-law, domestic partner's parents, grandparents, spouse's grandparents, domestic partner's grandparents, stepfather andJor stepmother if they have raised the employee from infancy regardless of place of residence, and may include any other person who was an actual member of the employee's household for ten (10) or more years immediately prior to their death. Within thirty (30) calendar days from the date the employee returns from bereavement leave, the employee shall, upon request, file a copy of the death certificate of the deceased family member. Said death certificate must be attached to a form approved by the Office of Labor Relations and submitted to the Employee Relations Department. Failure to produce the death certificate will result in the employee reimbursing the City for any days taken under this Article. Any employee found to have falsified his application for bereavement leave will be subject to disciplinary action up to and including dismissal. 27.2. It is understood that under certain circumstances the employee may be unable to obtain a death certificate. In this event, in lieu of a death certificate, the Tentative Agreement: City)i )14 Date i9/ 2— Unioi Date 7/1(0/1-4- employee shall submit a newspaper account showing the death and the relationship of the deceased to the employee and/or other information and documentation as required by the Department of Employee Relations. 27.3. In addition to bereavement leave, at the request of the employee, the Department Director may authorize the use of accrued vacation or compensatory leave. 27.4. Employees on twenty-four (24) hour tour of duty shall be bound by the above sections except that they may be authorized up to forty-eight (48) consecutive work hours of duty on leave with pay. Tentative Agreement: City )71)/k? Date 7///4' Unio Date 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 281, and the content of the present physical examination shall continue, -unless changed by mutual agreement of the parties. 28.3. The City agrees to provide physicals that are mandated by State or Federal law, including but not limited to hazardous materials team, technical rescue team and dive team physicals. Tentative Agreement: City Da Uni 2 City Proposal #2 7/16/2012 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. 7 Tentative Agreement City)4 )1.3 Da;e7// Unio City Proposal #2 7/16/2012 1 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 6 determine what amount of time the donor will need from the point of donation till 7 the City donors are released to go back to work. 8 Tentative Agreement City ARTICLE 31 SUBSTANCE/ALCOHOL - PERSONNEL SCREENING 31.1. In an effort to identify and eliminate on or off -duty controlled substance/alcohol abuse, urinalysis/blood tests shall be administered as provided herein: Employees refusing to give a blood/urine sample under any of the following conditions will be dismissed. Employees will be advised of their contractual rights relative to expedited arbitration. RANDOM SUBSTANCE SCREENING Employees meeting any of the criteria below shall be subject to random substance screening. Employees who meet any of the criteria below shall be subject to random substance screenings for a period of one hundred and eighty (180) calendar days from the date the criteria was met. After the period of one hundred and eighty (180) calendar days, if and when employees meeting criterion A below have accumulated above one hundred and fifty (150) hours of sick leave and employees meeting criterion C or D below have not been late or absent without leave (AWOL) for a one hundred and eighty (180) calendar day period, they shall no longer be subject to random substance screening, unless they meet the criteria again in the future. The City shall be limited to a maximum of two (2) substance screenings in each one hundred and eighty (180) calendar day period the employee is under random substance screening. Tentative Agreement: City Date 61 N 2, Unio 62 RANDOM SCREENING POOL CRITERIA A. Probationary firefighters are subject to screening until off probation. B. Employees assigned to a forty-eight (48) or fifty-two (52) hour work week with less than one hundred and fifty (150) hours of sick leave accumulation. Employees assigned to a forty (40) hour week with less than one hundred and twenty (120) hours of sick leave accumulation. C. Employees who are absent without leave (AWOL) twice within a one hundred and eighty (180) calendar day period from the most recent AWOL if on a forty-eight (48) or fifty-two (52) hour work week or three (3) times within a one hundred and eighty (180) calendar day period if on a forty (40) hour work week. D. Employees reporting late (including any incidents of absence without leave) for duty three (3) times within a one hundred and eighty (180) calendar day period if on a forty-eight (48) or fifty-two (52) hour work week or five (5) times within a one hundred eighty (180) calendar day period if on a forty (40) hour work week. REASONABLE BELIEF SUBSTANCE SCREENING CATEGORIES A. Where a District Chief, or above has a reasonable belief based upon objective factors that the employee has possession or is using, dispensing or selling any illegal drug or controlled substance which is not prescribed by a licensed physician. Tentative Agreement: City Date 63 B. Following any vehicular accident occurring on -duty, on an off -duty detail, traveling to or from same, involving employee(s) where a District Chief', or above has a reasonable belief based upon objective factors that the involved employee(s) may be under the influence of alcohol or may have been using, possessing, dispensing or selling controlled substance, unlawful, mind -altering, or non -physician prescribed drugs. C. Where a District Chief, or above has a reasonable belief based upon objective factors that the employee is under the influence of alcohol on -duty, or on an off -duty detail, or traveling to or from same, or while covered for portal to portal pay for workers' compensation. SUBSTANCE SCREENING PROCEDURES 31.2. Employees shall give either a blood sample, for suspected alcohol use or a urine sample for suspected substance abuse as determined by the City at either a hospital or accredited testing lab, as chosen by the City. The hospital or accredited testing lab shall include sufficient safeguards to ensure that a proper chain of custody is enforced. When a sample is taken under any of the above circumstances, a portion of the first sample shall be retained. All positive tests for a controlled substance will be confirmed using the employee's separate second sample if given or the reserved portion of the initial sample, by Gas Tentative Agreement: Ci Da Uni 64 Chromatography/Mass Spectrometry (G.C.M.S) or better testing. Testing procedures shall be under a reliable state licensed clinic laboratory. 31.3. Should the employee wish to give a separate second sample it shall be performed at either a hospital or accredited testing laboratory, as chosen by the City, within four (4) hours from the time of giving the initial sample. In the event an employee declines to offer a second sample for the separate second test, or is unable to give a second sample within the four (4) hour time period, the reserved portion of the first sample will be utilized. Employees shall be notified of a positive result within twenty-four (24) hours from receipt of the laboratory reports, but in no case shall this notice occur more than seven (7) business days after the time the sample was given. Notice to the employee of the first test being positive shall be considered to have been served upon the employee by verbal notification or by a representative of the Department delivering a notice to the employee's last known residence as shown on the Department's personnel database. 31.4. If an employee is ordered back to duty for testing, the provisions of Article 21 (Call Back Pay) will apply. 31.5. Where a bargaining unit member alleges that an order made under this article is not consistent with the criteria cited herein, he/she shall comply with the order, and may simultaneously file a protest with the communicator of the order. Tentative Agreement: City 17 Da e 65 31.6. Disputes arising as to whether there was reasonable belief shall be arbitrable under the Expedited Arbitration Rules of the American Arbitration Association. All other issues involving grievances shall be processed as outlined within Article 15 - Grievance Procedure. 31.7. The employee(s) shall not be disciplined until a positive test result is communicated to the City. However, if the employee's conduct in connection with the substance/alcohol abuse amounts to conduct for which the City may otherwise discipline the employee, the City may take action prior to knowing of a positive test result. 31.8. The TAFF will be advised of passed or failed tests to the extent that the releasing of such data is not inconsistent with Federal or State laws regarding the privacy of said test or if the individual involved does not want his test results released to the TAFF. 31.9. The following cutoff concentrations shall be applicable for determining whether specimens are negative or positive for the following drugs or classes of drugs for the initial and confirmatory test procedures. A positive result shall be a concentration in excess of those listed below. For those "designer drugs" that are listed below without cut-off levels, the parties agree to test in accordance with levels specified by Department of Human Services Federal Register, Part III, if and when it ever becomes available. Initial Test Level (ng/ml) Cannabinoid (Marijuana) Metabolites 50 Tentative Agreement: City Date ate 66 Cocaine Metabolites 300 Opiate Metabolites 2,000 Phencyclidine 25 Amphetamines 1,000 Methaqualone 300 Methadone 300 Prop oxyphe ne 300 Tricyclic .Antidepressants 300 Designer Drugs: Ketamine TBD Methylenedioxymethamphetamine (Ecstasy) TBD 500 GC/MS Test Level (ng/m1) Cannabinoid (Marijuana) Metabolites1 Cocaine Metabolites2 Opiates Morphine Codeine 6-Acetylmorphine3 Phencyclidine Amphetamines 15 150 2,000 2,000 10 25 Amphetamine 500 Methamphetamine4 500 Methaqualone 300 Designer Drugs: Ketamine TBD Methylenedioxymethamphetamine (Ecstasy) T-BD500 'Delta-9-tetrahydrocannabino1-9-carboxylic acid 2Benxoylecgonine 3Test for 6-AM when the morphine concentration is greater than or equal to 2,000 ng/ml 4Specimen must also contain amphetamine at a concentration greater than or equal to 200ng/m1 Tentative Agreement: City Date 67 31.10 Initial test results for alcohol will be considered positive when the individual's blood alcohol content is 0.04 grams per dl or greater using whole blood. 31.11 Alcohol related specimens identified as positive by the initial test shall be confirmed as positive by Gas Chromatography Volatiles Head Space Method or more reliable testing for whole blood at 0.04 grams per dl or greater. 31.12 The cutoff concentrations referenced in this Article may be revised by mutual agreement when changes in technology allow for reliable testing at lower concentration levels. EXPEDITED ARBITRATION 31.13. It is anticipated as soon as possible after ratification of the labor agreement between the City of Miami and IAFF, Local 587, the President of the Local and the City Labor Relations Officer will pick two (2) area permanent umpires to hear employee drug grievances. The two Umpires will alternate hearing only grievances where the bargaining unit member alleges a violation of Article 31.1. A, B, or C. Said grievance will be limited to whether or not there was reasonable belief based on objective factors to require the grievant to take the Alcohol/Controlled Substance test. 31.14.Reasonable Belief Substance Screenings shall not be tested if the employee grieves the test under expedited arbitration until the umpire rules that there was reasonable belief to test the employee. Tentative Agreement: City Da ate 68 31.15. The cost of the Umpire's decision will be borne by the employer if the umpire rules there was not reasonable belief to require the employee to take the test. If the umpire rules there was reasonable belief to require the employee to take the test, the Union will pay the cost of the umpire if the Union processed the grievance. If the grievant processed the grievance on his/her behalf, he/she will pay the cost of the Umpire. 31.16. It is anticipated that an expedited hearing would be held before the Umpire under the _American Arbitration Association rules of expedited arbitration and no post hearing briefs would be filed. The drug grievance will be submitted directly to arbitration and will be heard no later than five (5) calendar days after the employee was required to take the Alcohol/Controlled Substance test. The Umpire will rule at the close of the hearing and an oral response from the umpire will be sufficient to settle the grievance. 31.17. The two Umpires shall serve from year to year and shall be appointed by a letter jointly signed by the Union President and the Labor Relations Officer. Should either the City or the Union wish to drop an Umpire the Umpire shall be notified and the parties shall agree on a replacement. If they are unable to agree, each party will put two (2) names into a hat and the name drawn will be the replacement for one (1) year. Tentative Agreement: City Date Date 69 31.18. If the bargaining unit member remains silent and/or does not indicate that he/she desires the test results in accordance with Article 31.3, it shall be presumed that he/she has elected to go to expedited arbitration. 31.19. If the employee grieves the test, said grievance must be in writing and submitted by fax or hard copy to the Labor Relations Office on the same day as the test or no later than the next regularly scheduled work day of the Labor Relations Officer. The test sample will be thrown out, if the Umpire rules there was no reasonable belief to test the employee. If the umpire rules there was reasonable belief to test the employee, the test sample(s) shall be tested and the results released as outlined in this article. REHABILITATION 31.20. In the event that the results of the urinalysis/blood test are positive, the following criteria will apply: A. The employee at his/her own cost shall, within seventy two (72) hours of a positive test notification (excluding weekends and holidays), enter and remain in a substance/alcohol program approved by the City and the Union until the approved program administrator is able to state that he/she has successfully completed the program, including aftercare. While in the program, the employee will be allowed to return to work if the program administrator approves; if not, the employee may be suspended until the program administrator Tentative Agreement: City Da Date 70 approves return to work. Such suspension shall not exceed six months. If the employee cannot return to their regularly assigned position after six (6) months they shall be dismissed. If the employee does not successfully complete the program including aftercare, he or she will be dismissed. Employees shall not be permitted to work in combat positions until program administrators feel certain there is no possibility they are using drugs and submit this opinion in writing to the City. If and when the employee successfully completes the in- patient portion of the program, as determined by the program administrator, the employee shall be allowed to return to work. B. Upon being notified of a positive test, the employee will be immediately relieved of duty. If relieved of duty, the employee, if eligible, will use all of his/her earned time, vacation time, and sick time, and then he/she will go off the payroll. C. If the employee fails to enter, participate in and/or successfully complete any part of the rehabilitation program, including any after- care program, the employee shall be terminated from his/her employment with the City. D. Effective upon ratification of the labor agreement, employees cleared to return to work by rehabilitation administrators, shall be subject to substance screenings at management's discretion for a period of two Tentative Agreement: Ci Date Date 9/11,/ain 71 (2) years from the date the employee returned to work. The City will be limited to a maximum of five (5) screenings per twelve (12) month period. Employees tested shall be entitled to a second test as outlined in Article 31.3. Employees who decline to offer a sample shall have the reserve portion of the first sample utilized as outlined in Article 31.3. Employees who test positive to confirmatory test shall be terminated from employment with the City. E. Effective upon ratification of this Agreement, employees will be entitled to one chance at a successful rehabilitation during their employment with the City. Employees who have been through at least one (1) rehabilitation program, who are screened shall be entitled to a separate second test as outlined in Article 31.3. Employees whose sample tests positive on confirmatory test shall be terminated from employment with the City. Tentative Agreement: City Date 1.0A 72 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: City Date 021/2- U ARTICLE 33 PERSONNEL ALLOCATION 33.1. The City agrees to provide minimum staffing for firefighting apparatus in active service. In order to provide a minimum level of safety to personnel in the bargaining unit, apparatus in service shall be staffed with no less than: 1). 4 persons per aerial unit 2). 4 persons per quint unit 3). 4 persons per pumper unit 4). 3 persons per rescue unit 5). 1 person per air truck 33.2. If, in the future, new types of apparatus are placed in service, which are not covered above, the City and the Union will meet to negotiate a minimum staffing level for the new types of apparatus. If agreement is not reached within 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. Tentative Agreement: City Date Uni City Proposal #2 7/16/2012 1 ARTICLE 34 2 EMPLOYEE RIGHT TO REPRESENTATION 3 34.1. Where an investigation is initiated by the Management of the City of 4 Miami Fire Department against an employee covered by this Agreement 5 concerning criminal charges and where a formal statement under oath is elicited 6 from the accused employee, the interrogation shall be conducted under the 7 following conditions: 8 (a) The interrogation shall be conducted at a reasonable hour, 9 preferably while the accused is on duty, unless the seriousness 10 of the investigation is of such degree that an immediate action it is required. If the accused is off duty at the time of the 12 interrogation, the accused shall be entitled to overtime. 13 However, if he or she is eventually found guilty of the charges 14 through the applicable administration processes, any overtime 15 shall be forfeited in addition to any penalty imposed for the 16 violation. If it occurs while on duty, a commanding officer or a 17 supervisor of the accused shall be notified of the interrogation. 18 (b) If the interrogation is conducted by or for the Department, it 19 shall take place in the Miami Fire Department building. If the 20 interrogation is to be conducted by or for another investigating 21 City agency, it shall be conducted at either the investigative 22 agency's City office or at the Miami Fire Department. Tentative Agreement City Date //b// 2—Unio Date ‘lo 2 4 5 6 7 8 9 10 12 City Proposal #2 7/16/2012 (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. Interrogations shall be for reasonable periods and shall be timed to allow for such personal necessities and rest period as are reasonably necessary. (f) The accused shall not be subjected to abusive or offensive 13 language or threatened with transfer, dismissal, or other 14 disciplinary actions. No promise, reward, threat, or action 15 16 17 18 19 20 (g) (h) shall be made as an inducement to answering any questions. The complete interrogation including when recesses are taken shall be recorded, and there shall be no unrecorded questions or statements. The accused shall not be obligated into giving a second statement concerning the same facts elicited in an original 21 interrogation. This will not preclude an investigator from 22 asking questions at a later time, that were not covered by the 23 first statement. Tentative Agreement City 7.-/q)11 Da -e77/&/42.--Unio (i) City Proposal #2 7/16/2012 No mechanical device, including, but not limited to, polygraph, 2 psychological stress evaluator, et al., shall be forced onto an 3 accused, nor shall disciplinary action be taken against an 4 accused who refuses to submit to such testing. 5 (j) If the accused is under arrest, or is likely to be arrested as a 6 result of the interrogation, he shall be fully informed of his or 7 her legal rights prior to any interrogation. 8 (k) At the request of the accused, he or she shall have the right to 9 be represented by counsel or any other representative of his or 10 her choice during the entire interrogation. 11 (1) Where an attorney or employee representative is requested but 12 cannot be present within four (4) hours of notification, the 13 employee shall be required to obtain another employee 14 representative or counsel. When an employee representative 15 or counsel is present, he shall be only an advisor and shall not 16 have the right of cross-examination. 17 34.2. The above shall not apply to investigations and review of infractions 18 of non -criminal City and Departmental Rules and Regulations provided, however, 19 any employee covered by this Agreement who is disciplined as the result of the 20 alleged violation of City or Departmental Regulations, Rules or Policies shall have 21 the right to have Union representation present if he or she desires it. If such 22 meeting occurs between 9:00 a.m. and 5:00 p.m. on normal Monday through Tentative Agreement City Date7//6 / Union Date '7 /14 11)- City Proposal 42 7/16/2012 1 Friday business days the employee shall be allowed two (2) hours to have Union 2 representative present. If such meeting occurs at times other than, those 3 described above, the employee shall be allowed four (4) hours to secure Union 4 representation. The Union representative shall be an advisor to the employee and 5 shall not have the right to cross-examination. 6 Tentative Agreement City 2 ARTICLE 35 RESIDENCY City Proposal #2 7/16/2012 3 35.1. It is agreed that while residency is not a condition of employment a 4 candidate that is otherwise qualified may be given, at time of hire, preference for 5 employment in order of domicile as follows: (1) City of Miami resident, (2) Miami- 6 Dade County resident, (3) resident outside of Miami -Dade County. 7 Tentative Agreement City Date U ion ARTICLE 36 SHIFT STRENGTH 36.1. 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 Union agree that for fiscal year 2011 2012 2012/2013 and 2013/2014 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. Tentative Agreement: City Date 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: Ci City Proposal #2 7/16/2012 I 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 5 shall be made to increase the cost of wages, hours, and working conditions through 6 the Civil Service Board, City Manager, the Mayor, or the City Commission during 7 the life of this Collective Bargaining Contract. 8 Tentative Agreement Ci Date7/66/2_ Unio Date 7 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: City )27 bi Date7// 4 / Uni Date 7/6 City Proposal #2 7/16/2012 ARTICLE 40 2 REPRESENTATION OF THE UNION 3 40.1. The bargaining unit shall be represented by the President of the 4 Union or by a person or persons designated in writing to the City Manager or his 5 designee by the President of the Union_ The identification of representatives shall 6 be made 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 10 unit members voting on the question of ratification. 11 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 13 City. Such negotiations entered into with persons other than those as defined 14 herein, 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 18 or designee in writing of any changes in the designation of the President of the 19 Union or of any certified representative of the Union. 20 Tentative Agreement City Date 4P- ARTICLE 41 AGREEMENT IN THE EVENT OF TRANSFER 41.1. The City agrees that in the event of a transfer of the Fire Department or its functions to Miami -Dade County, all the rights and benefits of the transferred employees guaranteed. under this Agreement shill be continued for the term of this Agreement. Tentative tgreement: C y Date Uni City Proposal #2 7/16/2012 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 5 competent jurisdiction, the remainder of the Agreement shall remain in full force 6 and effect. The parties will meet, promptly, to negotiate replacement language in 7 accordance with Chapter 447, Part II, Florida Statutes. 8 Tentative Agreement Ci Date7 Unio ARTICLE 43 PNSION 43.1. Pension Plan The pension benefits and employee contributions of employees covered by this Agreement shall remain unchanged as they presently existbe—as—pfeyifled as currently set forth in the City of Miami Firefighters' and Police Officers' Retirement Trust, Section 40.191 through 40-213, Miaiui City Code ("FIPO") except as modified below. 43.2 Employee pension contributions Effective the firs cqiod following October 1. 2012. the employee pension contribution shall be ten perm (1.0941 of compensation. Effective September 30, 2014, for ell ptrsons hirci.1 on or bethre September 30, 2014, the Q.,n) p yee contribution. wilt ;eyeri percent (7%) of ucnnpensntion. For allpersons hired on or alter October 1., 2014, the etuplo—ee p.e.gaion contribution Khali: he ten percent (10%). 43.3 the eve thc., City decides tx) pilmie the issuance ofaecuatized instrument as a.n as.8-ct to um, the City and the Union agree to negotiate a. sharing arrangement for a portion of the savings. 43.4 BACKDROP option. A Backdrop III&jij option shell implemented on January 1. 2013. The Bikdrop option hall repla� the existing DROP program. Employees who have not attained normal retirement .e1igi1ililx as of the effective date or were not vested by October", 20.1.0. and all emplovecs hire .m or Ater that date, will be ligible for the TA City Dat TA Uni Backdrop forward DRQI' as of January 1, 2013. remains eligible for the forwar DROP as it treent1y exists and anyone eligible for the forward DROP as of January 1„ 2013pr vested prior to October 1, 2010, who chooses not to enter the forward DROP eligible for the Backdrop. (a) An eligible employee who elects the Backdrop option shall he DROP. An one eJiib1e for the receive a monthly benefit payable on the employee's actual retirement date (date of retjreipent amil separation from City cinployment) based on the benefit the employ® would have received if he/she had left City employment and retired on an earlier date after attaining normal retirement eligibility (the "Backdrop date"). In addition, an eligible einployee who elects the Backdrop option will receive a 1uxnp sum pkvin.ent equal to the accumulation of monthly retirement benefit Payments he/she would have received during the ,period following the 13tlekdrop date through the a, tual retirement date ("Backdrop period"), niva uiterst at. the rnte of 3% per YOU, compounded annually. ,An elii,arible employee may elect a minimum Baekdrpp period of 1 year and maxiniurn Backdrop period of up to seven years. An eligible employee who elects the Backdrop option must select the normal form of benefit or an optional form of benefit in nccordance ith section40-203(m) at Ow time of TA City Date/1201f TA Uni Da electing the Backdrop option. The employee's monthly benefit as well as the lump sum payment under the Backdrop option is based on the form of benefit selected. (b) Employees are eligible to elect the..13 ekdroPoPtion after completing one year of creditable iorvice following the normal retiren nt date. A Backdrop election mustmade within 19 year after becoming eligible for normal ret.iemejit. The maximum Backdrop period is 7 years. Eligible employees who wih to elect the Backdrop option must provide written notification to the Department Director and. the Department of Human Resources at least 8 months prior to the employee's retirement date; provided a lesser notice period nifty be approved by the Ci y Manager due to special circumstances. Bargaining unit employees are will e able to revoke their Bac.kdroR election one timebut within 1 month of their election1. However. if a bargaining unit employoe is granted lesser notice period bv the Citv Manager due to special circumstances. the employee will not be eligible for the one-time Backdrop election revocation. Employees are not required to elect the Backdrop option. Alior a portion of t.he lump sum payment under the Backdrop option may be rolled over to an eligible retirement IRA in accordance with federal law, 1 TA City TA Uni D t If the back DR Pi ever terminated. for any reawm, the righte of all persons then in the DROP fl!ISA Igo diminished nr irnatd. Aitditio.n.allv. If the 1.8c1 DROP i s ov re th neiijrihkIor _till be eligible for a 7 year back DROP. The Board f Trustees of FIFO shall evelop operational rules for the implementation of this Provision. 43.5 The part.ie a se t© support the change of the approved actuarial cost method from the current aggregate method to the Entry Age Normal actuarial cost plethod has d on reasonable amortization periods and assumed pa.jLIgrowU.WftLh n expected roduction in contribution requirements of epproximatelv 2-481.72 niilhion dollars estimated using a 25 yoar amortWition period and 3% pavrofl . If legally necessai-v or legally required, the parties agree to jointly petition the Circuit Court judge in the we of Gates v. City of Miami to alter the judgment accordingly, to be effective for the plan vear beginning October 1, 2012. Upon roceipt of apProval from the Court, the City 6134 implement the change by ordinajce, 48.2. Balance Transfer8. fer-these-mein-befe-oleetag-te-partieilia-te-in-the-4414012 TACI TA Uni Date change, BA, The rollover of DROP funds into the Miami Firefighters' Relief & Pension Fund (175) shall be allowed if rollovers of this type are approved by the Miami Firefighters' Relief & Pension Fund (175) trustee board. 43:43.7 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 24122013 and 2014, resnectively, in the amount of $3.380,8754-448,318 from the $hare Plan to the Firefighters' and Police Officers Retirement Trust ("RPM, to reduce the City's annual required contribution to FIPO for the 2012-2013 and 2013-2014 ulan fiscal years. Provided, 4er-if the actual total amount of premium tax revenues received in 2412-2013 and 2014, respectively. is evape-ef-less than $4$38,318,that amount for in either year then the total -actual amount received less any the administrative costs of the Share Plan shall be transferred to FIPO to reduce the City's annual requiredcontribution to FIPO for the 2012-2013 and 2013i2014 plan years. respectively. IF TA Ci Date 1120117,-- TA Uni Date The transfer of premium tax revenues provided in the preceding sentenee naraeranh shall occur within 10 days following the date the premium tax revenues are received by the Share Plan in each respective year. In the event the transfer of premium tax revenues provided above is not approved by the Florida Division of Retirement in any calendar year, the parties agree that employee contributions to FIPO shall be increased by a percentage of firefighter payroll that equals $3.380.875 (for calwidar venr 2013) and/or $3.380,875 (for calendar year 2014), and premium tax revenues equal to $3.380,875 (for calendar year (V13) and/or $3,380,875 (for calendar year 2014) shall be transferred from the share plan to FIPO and used to reduce the employee contribution back to the current level. 43.41 Pension Stabilization. A. The Union and the City agree to pursue, the creation and implementation of a funding plan for the FIPO retirement system. The goal of such funding plan is the long term stabilization (no less than ten (10) years) of the City's general fund contribution to thirty seven (37)% or less of pensionable payroll by September 30th of each year. If the City's contribution is less than 34%, the excess dollars should go to fund the pension stabilization fund until such time as the actuaries determine the Pension Stabilization Fund is considered reasonably actuarially sound to stabilize the City's contribution for 10 years. B. In addition, the City shall establish a manner to ensure that the appropriate dedicated funds are reserved with the intent to stabilize the City's TA City Date TA Unio Date annual pension contribution. It is agreed that these monies will be in Trust with the Bole purpose of stabilizing the City's annual pension contributions. TA C TA Unio Date 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 hi ndred (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: Citylfl JYI Da Uni 44.4 Employees covered by this Agreement who retire after October 1, 1993 shall be paid for one hundred percent (100%) of accumulated sick leave up to twelve hundred (1200) hours and fifty percent (50%) of accumulated sick leave above twelve hundred (1200) hours. Employees whose sick leave payoff was limited to fourteen hundred and forty (1440) hours shall have the option of 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: City (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: Ci ARTICLE 45 TUITION REIMBURSEMENT 45.1. It is agreed between the parties that, effective upon ratification of the labor agreement, a tuition reimbursement program designed to encourage bargaining unit members to improve their job performance and increase their value to the City by pursuing courses of study related to their job duties at Miami -Dade County, Broward County or other approved County educational institutions shall be established. Other educational programs may be covered, provided the City and the Union mutually agree upon the inclusion of the educational program. 45.2. Any full-time sworn, permanent bargaining unit members shall be eligible to participate in the Tuition Reimbursement Program. Tuition reimbursement provided under this Article shall not be subject to budgetary constra i nts. 45.3. All course work must be taken at or from an accredited college, university, or educational institution approved by the City Manager or the Labor Relations Officer. Course work taken under provisions of this Article must be directly related to the bargaining unit member's job duties. Class attendance will be on thebargaining 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: City )311Y7 Dated Unio Date 7A-b. 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 iinit 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 imit 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: City )71 hl Date Cif/2—/2— Uni 45.7. In the event the bargaining unit member resigns or is terminated from the City within one (1) year following completion of the course(s) for which City funds have been expended, the amount of tuition reimbursement paid to the bargaining linit member will be reimbursed to the City by the bargaining unit member upon his termination from the City through a deduction from his final paycheck. 45.8. Upon completion of the course work, the bargaining unit member must submit his semester grade report together with the tuition fee receipt to the Fire Chief. The _Fire Chief will submit the approved application for tuition reimbursement along with the bargaining unit member's semester grade report to the Finance Department who shall then reimburse the bargaining 'unit member for the City's share of the tuition reimbursement. The Fire Chief will advise the Hilman Resources Department of the employee's satisfactory completion of the course. Tentative Agreement: City )7/ Da u ARTICLE 46 BARGAINING UNIT MEMBERS KILLED IN THE LINE OF DUTY 46.1. Any full-time Bargaining Unit Member who is killed while in the performance of his or her official duties or who subsequently dies from injuries within twelve (12) months of the incident from his or her wounds shall be given a promotion to the rank of Battalion Chief. Leave balances will be paid off at the hourly rate of the newly promoted rank. The beneficiary of the deceased shall receive a sum of $200,000 from the City upon said bargaining unit member's death. Application shall be made to the City for payment of such death benefits. Tentative Agreement: Ci Date 105 ARTICLE 47 RETIREE HEALTH PLAN 47.1. The parties agree that the union will establish the Miami Association of Fire Fighters IAFF Local 587 Retiree Health Plan ("RHP") consistent with current IRS Rules and Regulations. 47.2. Eligibility for membership, taxability, funding, and administration of the RHP, including Board of Trustees composition and investment policy will be as outlined in the RHP Plan Document and/or Trust Agreement. 47.3. The City shall make an annual contribution of $325,000 towards the Retiree Health Trust in order to fund post employment health benefits for current active members. Benefits shall be determined by the Retiree Health Trust Board in accordance with the IRS Rules and Regulations. The Union shall waive the annual contribution discussed in this paragraph for fiscal year 2011 20122012-2014 47.4. It is the intent of the parties that upon severance of service from the Department all members will have their sick leave balances calculated at their rate of pay at time of severance and transferred to their Individual Plan accounts. 47.5. The parties agree that any losses, charges or expenses incurred by the participant in the RHP will be borne by the participant and shall not be made up by the City of Miami, the TAFF or the RHP. 77(/(271 //z /7.2 94 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 be -half of the City, then the Agreement, upon being signed. by the appropriate Union representative and the City Manager, shall become effective October 1, 20112012, except where otherwise stipulated. This Agreement shall continue in force until September 30, 20122014. 046/4 48.2. On or before May-Febi Luily 1, 20.122014, 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 Muy March 1, 20122014, 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 June4ilterelt--1-5, 20122014, be entered into by the City and the Union. Tentative Agreement: City Date 2- Unio 101 48.5. Such discussions shall be concluded by the signing of a proposed agreement pursuant to Florida law. 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 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 2012 through September 30, 20122014, the City shall not reduce wages or benefits contained herein. 48.8 The parties understand that during calendar year 2010 the City imposed terms and conditions of em-plovment. If any court. PERC, arbitrator rules that those changes or any portions of them have been illegally or improperly imposed or are otherwise not valid, those matters or portions of matters which have been illegally or improperly imposed will revert to what they were at the moment before they were imposed. and will become the terms and conditions of his Agreement. Provided.however, if any a aea1s the aforementioned rulings, and they are stayed, the reversion will not occur as to those matters that are stayed while the stay is in effect. The act of entering into this agreement shall not be construed as a waiver of the Union's right to challepge the calendar year Tentative Agreement: Ci Da Da 102 2010 imposition. The_ City shall not raise the act of entering into this agreement as a waiver in anv pending iudicial, administrative or arbitral proceeding concerning the 2010 imposition. Thc Agreement between the City and the Union regard to thc 2011 2012 budget then the amount of 175 Prcmium Tax dollars For thc purpooc of this ocction "aimil "comparable" °hall bc defined ao eight million dollaro ($8,000,000) or more in peroonne1 coot reductions from the budget of the Police Department and either by agreement or by modification of the Agreed. to this day of ., 20112012, by a-nd between the respective parties through an authorized representatives of the Union and by the City Manager.. Ten ative Agreement: City Date representative or 103