HomeMy WebLinkAboutExhibit587's Proposals for Successor CBA (2019-2022)
AGREEMENT
BETWEEN
CITY OF MIAMI, FLORIDA
AND
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO
LOCAL 587
OCTOBER 1,2019 THROUGH SEPTEMBER 30, 2 . 2022
SPUN-868764429-2253462
587's Proposals for Successor CBA (2019-2022)
OF CON'
ARTICLE pAGE(S1
AGREEMENT . ®.,>.».. ,...,.. 1
RECOGNITION 1 2
2 3
3 4
4 7
PREVAILING BENEFITS,,,,,, , ,,,,,,, „, ..,. 5 8
MANAGEMENT RIGHTS,.,.,.».x.s.».. y..,,,..a. ,..,....,Mb....a.,...,t6 9
UNION REPRESENTATIVES 7 10
NOTICES r ... ,, .. 8 11
SHIFT EXCHANGE ... ..., ... »,..» .,.«,,,.,., 9 12
VACANCIES -- PROMOTIONS 10 13
BULLETIN BOARDS 11 17
LINE OF DUTY INJURIES..,., .,,,<,..«m.R..a.,.,a>,,,9,.<,».f,,,,..... 12 18
SAFETY COMMITTEE .... »..,a,..,>. 13 23
SPECIAL MEETINGS 14 25
GRIEVANCE PROCEDURE , .»,......,®.,..,..,....»„ ..,.,,,,,15 26
SAFETY SHOES 16 31
GROUP INSURANCE 17 33
WAGES 18 34
VACATION TIME 19 40
OVERTIME >.,,.» ..,..m v.....,a 20 42
CALL BACK PAY ....» 21 44
WORKING OUT OF CLASSIFICATION,..,.,.,..A,»,,,g, ,,:,,®.,, 22 45
HOLIDAYS 23 46
FAMILY LEAVE AND LEAVES OF ABSENCE 24 48
NOSTRIKE ................ ...A.»,<» ,,. ,.<.» ,,.;...,.. ....>. .......,
UNION BUSINESS
DISCRIMINATION
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587's Proposals for Successor CBA (2019-2022)
PAGE
BEREAVEMENT LEAVE , 25 50
PHYSICAL EXAMINATIONS 26 52
LOSS OF EQUIPMENT 27 53
BLOOD DONORS 28 54
SUBSTANCE/ALCOHOL
PERSONNEL SCREENING 29 55
30 64
PERSONNEL ALLOCATION 31 65
EMPLOYEE RIGHT TO REPRESENTATION 32 66
RESIDENCY 33 69
SHIFT STRENGTH 34 70
STATION COMMANDERS 35 71
TOTAL AGREEMENT.......................36 72
REPRESENTATION OF THE CITY 37 73
REPRESENTATION OF THE UNION,--------,---, 38 74
AGREEMENT IN EVENT OF TRANSFER 39 75
SAVINGS 40 76
PENSION ..1,S.!,f,..x4,“*Ap,,,,VM4t4P6a 41 77
42 82
TUITION REIMBURSEMENT ........ 43 84
BARGAINING UNIT MEMBERS KILLED IN
THE LINE OF DUTY 44 87
RETIREE HEALTH PLAN 45 88
TERMINATION AND MODIFICATJON 46 89
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
INDEX
SPDN-868764429-2253482
AG
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 terrns 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.
SPDN. 76 429-22.53452
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 Officer to Fire Chief.
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ARTICLE 2
F
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
22. 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.
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ARTICLE 3
UKON 13USINESS
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 and as of October 1, 2016, his
designee while released from duty shall no longer be charged against the Employee Organization Time
Pool Bank. In reporting a bargaining unit member's absence as a result of utilizing the Organization
Time Pool, the daily attendance record shall reflect:
"John Doe on EUP" (Union Time Pool)
3.5. Any injury received or any accident incurred by a bargaining unit member whose time
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is being paid for by the Employee Organization Time Pool, or while engaged in activities paid for by
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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 withinthe
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 Presidentand
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 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
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on time pool release. Violations of the above -mentioned rules, regulations and orders shall subject the
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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,
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.
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ARTICLE 4
„ T
4.1. No employee covered by this Agreement will be discriminated
ainst with regard
to any job benefits or other conditions of employment accruing from this Agreement because of
age, race, ethnicity, religion, national origin, union membership, gender, disability or sexual
orientation.
4.2. All references in this Agreement to employees of the male gender are used for
convenience only and shall be construed to include both male and female employees.
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ARTICLE 5
rREVA1L1NG: litoNEFITS
5.1. Job benefits heretofore authorized by the City Manager, continuously enjoyed by
all employees covered by this Agreement and not specifically provided for or abridged by this
Agreement, shall continue upon the conditions by which they had been previously granted.
5.2, This Agreement shall not be construed to deprive any employee of benefits or
protection granted by the laws of the State of Florida, ordinances of the City of Miami, or
resolutions of the City of Miami in effect at the time of execution of this Agreement.
53, The City and the Union will meet at the request of the City to negotiate any
proposed changes in those rights and benefits not specifically covered by the Agreement,
provided however no changes shall be made in the language or intent of this Agreement except
by mutual consent
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64;
ARTICLE 6
MANAGEMENT RIGHTS
6.1. It is understood and agreed that the City possesses the sole right to operate the Fire
Department and that all management rights are expressly reserved to the City of Miami, but that
such rights must be exercised consistent with the provisions of this Agreement. These rights
include, but are not limited to, the following: discipline or discharge for just cause; direction and
supervision of all personnel; the hiring, the assignment or transfer of employees; determination
of the mission and objectives of the Fire Department; determination of the methods, means, and
number of personnel needed to carry out the Fire Department's missions and objectives;
introduction of new or improved methods or facilities; and scheduling of operation and shifts.
6.2. The parties agree that it is in the interest of all parties to jointly gather as many prior
Memorandums of Understandings (MOUs), grievance settlements, and other agreements, etc. in
order to establish a Book of Understandings (BOU). The purpose of the BOU is to have an easily
referenced resource manual on
•
eements, settlements, verdicts, binding decisions, etc. between
the City and/or the Fire Department and the Union. The parties shall immediately, upon
ratification, start the process of gathering the MOUs, etc. in order to establish the BOU.
63. The parties also agree that in no way should this BOU and the agreement to set up
this BOU, limit the rights of the Union and its membership under Article 5: Prevailing Benefits.
6.4. The parties agree to continually update the BOU when new MOUs are entered into
between the parties, or other binding decisions or agreements are generated or found.
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ARTICLE 7
UNION REPRESENTATnif
7.L Representatives of the Union who are not employees of the City shall be certified in
writing to the Fire Chief. Certified representatives will be allowed to meet with individual
employees on City property during working hours to carry on normal business of the Union, if
the Fire Chief has prior knowledge of such activity and such visitation does not interfere with
efficient operations.
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ARTICLE 8
NPTICES
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; financial and budgetary documents distributed
by the City Manager (and his/her staff) to the City Commission (and their staff), unless exempt
from disclosure by law. Such notices or bulletins will be picked up by a Union representative at
the City Manager's Office during normal work hours, or be transmitted through electronic mail to
a location designated by the Union President.
82. 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.
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ARTICLE 9
1 'NCH A
9.1. Employees shall have the right to exchange shifts under the following
circumstances:
A. He may owe up to eight (8) shifts at any one time including "R" days.
B. He may be owed up to eight (8) shifts at any one time including "R" days.
C. Employees may exchange time but in no event will an exchange of time
result in the employee working in excess of two consecutive tours of duty.
D. Trading of time must be done voluntarily by the employees.
E. The reason for the shift exchange is not related to City business.
F. The period during which time is traded and paid back does not exceed
twelve months,
G. The City incurs no overtime obligation as a result of the shift exchange.
IL 1) Exchange of time shall not occur between firefighters and officers.
2) Exchanges of time between officers within the Emergency
Response Division may occur at the same rank, at one (1) rank
below, or at one (1) rank above, the officer's rank.
With the restrictions set forth above, personnel assigned to
Advanced Life Support positions may exchange time with
personnel who are state certified paramedics.
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ARTICLE 10
VACAINCIES .1=Romo1Iom
101. 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 ServiceRules
and Regulations, so long as they are not inconsistent with provisions of this Agreement. All
vacancies shall be filled from the promotional register in effect at the time the vacancy occurs. If
a promotional register is not in effect, vacancies will be filled from the next promotional register.
Promotions will be to the effective date of vacancy for the classified position. For pay
purposes, if the City fails to promote within thirty (30) calendar days from the effective date of
the vacancy, retroactive pay shall be paid beginning thirty-one (31) days from the effective date
of the vacancy.
102. 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.
103. 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.
104. Further, the Human Resources Department Director will advise eligible applicants
for promotional opportunities of the general area to be reviewed far preparation prior to the exam.
105. The Fire Department Book Review Committee will review and discuss books and
technical publications they deem worthy of consideration by the Human Resources Department
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gion
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 ail 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.
108 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
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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.
1010. 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 l , 2000.
10.11. (a) The parties agree that for all Fire Promotional Exams administered after
ratification of this agreement, the City shall require any outside testing provider/vendor to allow
all testing candidates to review their full completed testing exam including any and all
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 Center portion of the Fire Captain and Chief Fire Officer Exams,
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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.
(d) The specifications for any Fire Promotional Exam 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 January 15, 2018 for the specifications of the 2018 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, 2018 for
the specifications of the 2018 Fire Captain and Chief Fire Officer Exam, then two (2)
separate reports shall be submitted to the City Manager within ten (10) business days. The
City Manager shall not enter into agreement with the Testing Vendor until he has received
both reports. The City Manager's decision with regard to the specifications 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, 2018 for the specifications of the 2018
Promotional Exams, then the procedure described in paragraph d shall apply
42941534 32
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ARTICLE 11
pULI,ETIN,BOARDS
11.1. The City shall furnish at each Fire station, Fire Prevention Bureau, Fire College,
Fire Central Information Office, Headquarters Building, Fire Shop and Fire Chiefs Office and
any other location where four (4) or more bargaining unit members are assigned, unless restricted
by terms of a lease or other legal restriction, space for bulletin boards for the purpose of Union
notices. If restrictions exist, the parties agree to discuss alternate means of communication. Any
notiee placed on the bulletin board shall bear on its face the legible designation of the person
responsible for placing such notice or item on the board.
11.2. Notices shall not contain anything reflecting adversely on the City or any of its
officers and no material, notices or announcements, which violate the provisions of this Article,
shall be posted.
113. Notices posted must be dated and bear the signature of the Union President or his
authorized representative.
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ARTICLE 12
E QF DUTY I NJU
In The City agrees to pay all medical and hospitalization expenses incurred by any
employee covered by this Agreement who is found to have sustained a compensable line -of -duty
injury as provided for by the Worker's Compensation Law of the State of Florida, however, the
parties agree to establish a Fire Labor/Management Committee to establish policies and to
determine how to provide medical treatment and equipment, etc. medically equivalent to that
prescribed, by the most efficient and cost effective means to curtail excessive medical costs for
accepted claims in the following areas:
Health Club and Country Club memberships
Capital improvements on the home
Transportation
Medical equipment for home use
More than two (2) requests for change of physician
Should the injured bargaining unit member choose a provider for assessment and initial
treatment outside the 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 Director of Risk Management will serve as a
teclmical advisor and liaison with the medical community.
122. 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
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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,*' 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.
123. 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.
12A, 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
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* Will be indicated on the check as a credit for the City and will be non-taxable.
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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.
123. 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.
126. 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
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retirement. The supplementary salary of the difference of 2/3 "D" as described above, shall
continue until the retirement is finally granted or denied. The section shall not be construed to
modify the employee's rights under the current pension ordinance.
128. 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.
129. 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.
1214 Any condition or impairment of health caused by Human Immunodeficiency
Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS), Hepatitis, 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 employment) medical examination and all of its
components relating to the presumptions within this article, shall not be entitled to the
presumption outlined in this section and Florida Statutes 112.18.
The presumption in favor of employees referred to in this section shall not apply to any
other contagious disease, which may be contracted by employees. Furthermore, the presumption
shall only be applicable to worker's compensation and disability pension benefitdeterminations.
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Nothing in this Agreement shall be construed as a waiver of the City's rights under applicable
State law.
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ARTICLE 13
gimrly COmMITTEE
13.1. There shall be a Safety Committee in the City of Miami Fire Department, which
shall consist of nine (9) members. Four (4) members shall be appointed by the Union and four
(4) shall be appointed by the Chief of the Fire Department, The Fire Department Safety Officer
shall be appointed by the Chief of the Fire Department as the ninth non -voting member by the
Chief of the Fire Department upon confirmation by the Union President.
13.2. The Safety Committee shall meet bimonthly, or more or less often by mutual
consent, and such meeting shall be scheduled at the time established by the Chief of the Fire
Department. The Chief of the Fire Department, or his designee, shall preside at all meetings.
13.3. The purpose of these meetings will be to discuss problems and objectives of
mutual concern, concerning safety and health conditions of the Fire Department, but excluding
grievances or matters, which are the subject of collective bargaining negotiations between the
parties.
13.4. Meetings shall be conducted on a semi -formal basis following an agenda which
shall include items submitted by any member of the Committee to the Chief of the Fire
Department at least five (5) working days prior to the meeting, together with such information as
may be helpful in preparing a meaningful meeting agenda program. The agenda shall be provided
to each member of the Committee. The Chief of the Fire Department shall arrange for minutes
to be taken of each meeting, and for distribution of copies to each member of the Committee.
Recommendations of the Committee may be sent to the City Manager or his designee if requested
by a member of the Committee.
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13.5. Agended issues and subsequent discussions on the subject of safety and health
shall not limit or preclude the right of the Union to seek enforcement of safety requirements under
the Occupational Safety and Health Act, if applicable.
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ARTICLE 14
SPECW, MUTING'S
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,
143. No special meeting shall be held unless the Fire Chief is notified in advance and
approves the arrangements made for releasing any on -duty Firefighter who is to attend such
meeting.
14.4. The parties agree to participate in the Labor/Management process as currently
established. The Labor/Management process is an ongoing tool for addressing and solving issues
and problems concerning the Union, the Department, and the City. Issues are dealt with as they
arise and do not require the formalities of reopening negotiations. Any agreements made that
have an economic impact on the City must be approved by the City Manager or his designee. It
is agreed this process complies with and is an extension of Article 14, as the Labor/Management
process applies to collective bargaining.
4429,22534n
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ARTICLE 15
IG RI VANCE P ROC 14'D
15.1. A grievance is defined as a dispute involving the interpretation or application of
the specific provision of this Agreement, except as exclusions are noted in other articles of this
Agreement.
15.2. A grievance shall refer to the specific provision or provisions of thisAgreement
alleged to have been violated. Any grievance not conforming to the provisions of this paragraph
or that contains non -identification of a specific articles(s) of this agreement shall be denied and
not eligible to advance through the steps of the Grievance Procedure including arbitration.
Grievances involving Workers' Compensation are not subject to the grievance procedure of this
Agreement; except that a question concerning supplemental salary may properly be processed as
set forth in the Article entitled "Line of Duty Injuries."
15.3. All employees covered by this Agreement shall be required to make a written
Election of Remedy prior to filing any grievance at Step 2 or higher steps or initiating action for
redress in any other forum. Such choice of remedy will be made in writing on the Election of
Remedy form available at the Department of Human Resources, Labor Relations Division. Any
employee electing a remedy other than this grievance procedure shall be denied the use of the
Grievance Procedure for the resolution of this specific grievance.
The Union and its members agree that an appeal to any other forum to resolve an issue
that would otherwise be subject to this grievance procedure under this Agreement would preclude
the use of said Grievance Procedure to resolve such alleged grievable issues.
15.4. Nothing in this Article shall prevent the Union from appearing before the City
Commission or other City boards on matters concerning the terms and conditions of employment
or on any matter affecting the welfare of its members, and such shall not be considered as an
7644294253482
Lty
29
election of remedy under this Article. However, such appearance by the Union shall not be in
violation of Florida Statutes Chapter 447.501(2), (a), (b), (c).
15.5. Grievances shall be processed in accordance with the following procedures:
Sten 1. The aggrieved employee shall discuss the grievance with his immediate officer
within ten (10) calendar days of the occurrence, which gave, rise to the grievance. The Union
representative may be present to represent the employee, if the employee desires him present.
The immediate officer shall attend to the matter and/or respond to the employee within ten (10)
calendar days.
Where a grievance is general in nature in that it applies to a number of employees having
the same issue to be decided, or if the grievance is directly between the Union and the City, it
shall be presented directly at Step 3 of the Grievance Procedure, within the time limits provided
for the submission of a grievance in Step 1 and Step 2 and signed by the aggrieved employees or
the Union representative on their behalf. The Election ofRemedy form as provided in Section 15.3
of this article shall be completed and attached to grievances presented directly at Step 3. All
grievances must be processed within the time limits herein provided unless extended by mutual
agreement in writing. Any grievance not processed by the Union in accordance with the time
limits provided in each step of the Article shall be considered conclusively abandoned. Any
grievance not processed by the City within the Mine limits provided herein shall be automatically
advanced to next higher step in the Grievance Procedure.
Sig. If the grievance has not been satisfactorily resolved at Step 1, the aggrieved
employee or employees shall meet with the Union Grievance Committee on non -City time and
non -City property and the Union Grievance Committee shall determine if a grievance exists. If
the Grievance Committee decides to advance the Grievance, a Union representative shallreduce
the grievance to writing on the standard form provided by the City for this purpose and present
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SPDN 376442%-2253482
such written grievance to the Fire Chief within forty (40) calendar days from the date of the Step
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SPDN-868764429-2253482
ITRilf;111
1 answer was given to the grievance or the Union. The Fire Chief shall meet with the Union
representative and shall respond to the Union in writing within ten (10) calendar days from receipt
of the written grievance. Within the forty (40) calendar day time frame as outlined above, the
Union shall notify the Fire Chief in writing of the nature of the grievance; what specific
provision(s) were allegedly violated; whether the Union will advance the grievance, the grievant
must submit a written grievance to the Fire Chief within three (3) calendar days of the date on
which he was advised by the Union of its position or the grievance shall be considered abandoned.
The parties agree, however, that nothing in this section shall be construed to prevent a
member of the bargaining unit from presenting his grievance to the public employer and have
such grievance adjusted without the intervention of the Union Representative, if the adjustment
is not inconsistent with the terms of the Collective Bargaining Agreement then in effect. The
Union Representative will be given a reasonable opportunity to be present at any meeting
between the grievant and the City representatives for the resolution of said grievance. All of the
above must be consistent with the time frames described in the various steps of the Grievance
Procedure as outlined herein.
5ten 3. If the Grievance has not been satisfactorily resolved at Step 2, the Union may
present a written appeal to the Director of Human Resources or designee within ten (10) calendar
days from the time the Step 2 response was due. The Director of Human Resources or designee
shall meet with the Union representative to hear the grievance and shall respond in writing to the
Union within fourteen (14) calendar days from the receipt of appeal.
Step 4, If the Grievance has not been satisfactorily resolved at the Step 3 level of the
Grievance Procedure, the Union or an individual bargaining unit grievant may request a review
by an impartial arbitrator provided such request is filed in writing with the Director of Human
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4427.2253432
t tift
Resources or designee no later than twenty-one (21) calendar days after the Director of Human
Resources' or designee's response is due in Step 3 of the Grievance Procedure.
15.6. The parties to this Agreement will attempt to mutually agree upon an independent
Arbitrator. If the parties fail to select an arbitrator, either the Federal Mediation and Conciliation
Service or the American Arbitration Association shall be requested for a panel or panels to be
submitted. If the parties cannot agree, they will alternate between the two (2). The cost of said
panel(s) shall be shared equally by the parties.
15.7. The arbitration shall be conducted under the rules set forth by the American
Arbitration Association on this subject, which do not conflict with the terms contained herein.
Subject to the following, the Arbitrator shall have jurisdiction and authority to decide a grievance
as defined in this Agreement. The Arbitrator shall have no authority to change, amend, add to,
subtract from or otherwise alter or supplement this Agreement or any part thereof or any
amendment thereto. The Arbitrator shall have no authority to consider or rule upon any matter
which is stated in this Agreement not to be subject to arbitration or which is not a grievance as
defined in this Agreement, or which is not specifically covered by this Agreement; nor shall this
Collective Bargaining Agreement be construed by an arbitrator to supersede applicable laws in
existence at the time of signing this Agreement.
15.8. The Arbitrator may not issue declaratory or advisory opinions and shall confine
himself exclusively to the question, which is presented to him, which question must be actual
and existing.
15.9. It is contemplated that the City and the Union mutually agree in writing as to the
statement of the matter to be arbitrated prior to hearing. When this is done, the Arbitrator shall
confine his decision to the particular matter thus specified. When the parties are unable toagree,
the Arbitrator shall decide the issue or issues to be arbitrated.
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SPDN. 4429,:a5:1482
15.10. Each party shall bear the expense of its own witnesses and of its own
representatives. The parties shall bear equally the expense of the impartial arbitrator. The party
desiring a transcript of the hearing will bear the cost of same.
15.11. Copies of the award of the arbitration made in accordance with the jurisdiction
or authority under this Agreement shall be furnished to both parties within thirty (30) calendar
days of the hearing and shall be final and binding on both parties.
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ARTICLE 16
5AFETY $11.QES
laL The City shall, effective upon ratification of the labor agreement, reimburse
bargaining unit employees up to $150 for the purchase of an initial pair of safety shoes, the
replacement of same due to job related wear and tear or accidental destruction or at the
employee's discretion, the refurbishment or resoling of same. To receive this allowance, the
employee will present the purchased, refurbished, or resoled shoes and the bill of sale to a
management representative. Safety shoes paid for by the City shall only be worn when on Fire
Department business, including reporting to and from work.
162. 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 admin. istered in the past must be met to qualify for the
reimbursement.
16.5. Effective upon ratification, the City shall reimburse bargaining unit employees
who have successfully completed recruit training up to $350 for an initial pair of leather structural
firefighting boots. The City shall provide said reimbursement in accordance with the procedure
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SPDN- 4429.2253402
ftY
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.
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SPDN-868764429-2253482
ARTICLE 17
GROUP INSURANCE
17,1. The group insurance benefits will be those as set forth in the IAFF Local 587
Health Insurance Trust Fund Plan of Benefits ("Firefighters Plan") or such successor trust.
17.2. The City agrees to pay 8.08 per pay period for the cost of life insurance coverage
and accidental death and dismemberment coverage currently provided by the IAFF, Local 587.
17.3. Effective January 1, 2019, the Union shall maintain its own group health, life,
and accidental death and dismemberment insurance plan. All current and future bargaining unit
members who have worked at least ninety (90) days from date of appointment, and their
eligible dependents, will no longer be covered by City -provided medical and dental benefits
and will instead be covered by the Firefighters Plan subject to the Plan's eligibility
requirements as defined in the plan document. Non -bargaining unit State certified firefighter
employees in the Fire Department have the option of coverage under the Firefighters Plan or
the City -provided plan, but not both, provided they meet the Firefighters Plan Trust's eligibility
requirements as defined in the plan document, Group health premiums will be paid by the
bargaining unit employee with pre-tax dollars.
17.4. Bargaining unit members are eligible to participate in the City's voluntary
benefits plan administered by the City,
17.5. The City's total contribution towards the cost of the Firefighters Plan for the
2019 Plan year shall be $18,007,415, equal to the total medical claims cost of health insurance
for IAFF bargaining unit members in the City's health plan for the 2017 calendar year' plus
administrative costs. The City shall make its contribution in twenty-six (26) equal, bi-weekly
As reflected in the April 2018 Cigna Consultative Analytics report._
37
installments during the Plan year. However, for the 2019 Plan year the installment schedule
will commence two (2) bi-weekly periods before the start of the 2019 Plan year.
17.6. For additional bargaining unit member participants in the Firefighters Plan, the
City shall pay an additional bi-weekly contribution to the Firefighters Plan at the rate of
$567,24 per additional participant.
17.7. The City's contribution to the Firefighters Plan for succeeding plan years shall
be computed with a change factor equal to the actual cost of the City's health plan as it may be
amended for the prior year. The parties agree that the City's contribution for succeeding plan
years may increase or decrease. However, a voluntary reduction in plan benefits by the City
will not be a basis for reducing the City's contribution to the Firefighters Plan.
17.8. The parties agree that upon a change in law requiring modification to plan
benefits the parties shall reopen this article to bargain regarding the City's contribution to the
Firefighters Plan.
17.9. Limitation on decreases in the City's contributions: The parties agree that until
the Union health trust builds an adequate initial reserve fund for the Firefighters Plan in the
amount of four million six hundred thousand dollars ($4,600,000,00), there shall be no
decrease in the City's contributions to the Firefighters Plan. The Union shall allocate all
contribution increases from the City to the reserve fund. The City shall not be the sole funding
source for the initial reserve fund, and the Union shall contribute to the reserve fund through
savings and excess premium contributions from bargaining unit members and all other
surpluses over the cost of administering the plan. Once the initial reserve fund is met, the
limitation on decreases in the City's contributions as set forth in this paragraph shall be void,
and this paragraph shall have no further effect regardless of any subsequent decrease or decline
of the balance of the reserve fund.
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17.10. The City shall be provided with a copy of the Firefighters Plan surnmary plan
description (SPD) and the Trust Agreement, and any other information as required by law.
Upon request, the Union and its insurance plan administrator shall timely permit the City to
review any records related to the Union's health insurance plan. Upon written request, the City
shall be provided with an accounting of the reserve fund, including cash flows, within ten (10)
calendar days.
17.11 The Union shall indemnify and hold harmless the City, its assigns, officials,
officers, directors, affiliates, attorneys and employees from and against any and all allegations,
claims, actions, grievances, suits, demands, damages, liabilities, obligations, losses,
settlements, judgments, costs and expenses (including without limitation attorneys' fees and
costs), which arise out of, relate to or result from any act or omission of the Union with relation
to the establishment, enactment, implementation, application, or administration of the
Firefighters Plan.
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SPDN•46 422253482
ARTICLE 18
WAGj
18.1. Bargaining unit members will adhere to the current salary schedule as set forth in the
attached Appendix C. 1
bliegaimev-totitinembefe-wittiveeilm
e
ale
Bargaining unit members that are not at their maximum step will be eligible for step increases on their
anniversary date in accordance with the time frames delineated below.
The following time frames apply to employees eligible for step increases:
Step2 5%afterone(1)yearatStep 1
Step 3 5% after one (1) year at Step 2
Step 4 5% after one (I) year at Step 3
Step 5 5% after one (1) year at Step 4
Step 6 5% after one (1) year at Step 5
Step 7 5% after one (1) year at Step 6
Step 8 5% after one (1) year at Step 7
Step 9 5% after one (1) year at Step 8
Step 10 5% after one (1) year at Step 9
Longevity Steps:
Step 11 5% after one (1) year at Step 10
Step 12 2.5% after four (4) years at Step 11
Step 13 2.5% after two (2) years at Step 12
Step 14 2.5% after two (2) years at Step 13
Step 15 2.5% after two (2) years at Step 14
Step 16 2.5% after two (2) years at Step 15
18.2. For all EMS Revenue collected after September 30, 2016, EMS Revenue above 3.64
million in each semi-annual period shall be split 50-50 (employee -City) for bargaining unit members
assigned to advanced life support transport units. The sharing will occur on a semi-annual basis.
Bargaining unit members who are assigned to ALS Transport positions and members assigned
to the EMS Support Division will receive a six percent (6%) supplement to base pay hereto referred to as
40
ALS1. Members assigned to ALS Non Transport positions will receive a three percent (3%)
supplement to base pay hereto referred to as ALS2. Lieutenants and permanent Firefighters assigned
to swing or unassigned in the ERD Division will receive ALS Transport pay (ALS1).
ALS Acting Pay:
A. Members who are not regularly assigned to ALS units and who are required to ride in
an ALS Transport position shall be paid six percent (6%) above their hourly rate of pay (ALS6) for all
hours worked in that capacity during that shift, provided they ride in that capacity for a minimum of
four (4) hours.
B. Members who are regularly assigned to ALS non -transport units and who are required
to ride in an ALS Transport position shall be paid three percent (3%) above their hourly rate of pay
(ALS3) for all hours worked in that capacity during that shift, provided they ride in that capacity for a
minimum of four (4) hours.
C. Members who are not regularly assigned to ALS units and who are required to ride in
an ALS non -transport position shall be paid three percent (3%) above their hourly rate of pay (ALS3) for
all hours worked in that capacity during that shift, provided they ride in that capacity for a minimum of four
(4) hours.
18.3. Upon promotion to a higher rank the employee shall receive a 15.763% promotional
increase in base salary. Such increase shall result in the member receiving the salary indicated on the
attached Fire Salary Schedule for their respective rank and total years of service in the City.
18.4. 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.
18.5. Former fire bargaining unit employees who left the employ of the Fire Department under
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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 tist 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 (48-hour shift) of the Firefighter salary schedule. Former permanent fire
bargaining unit employees having five (5) or more years of previous continuous service will be placed
at Step 5 (48-hour shift) of the Firefighter salary schedule.
18.6. All changes in salary because of promotion, demotion, 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.
18.7. Bargaining unit members shall receive, in recognition of their efforts ingenerating 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.
18.8. 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.
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MN,- 764 29,•225342
18.9. 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-threc
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.
18.10. Effective the first full pay period after October 1, 2016, bargaining unit members shall receive
a State Certified Paramedic annual pay supplement in the amount of $6,000 or 14% of base pay, whichever is
higher. 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. 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 than EMT pay. Any reduction in pay shall not occur less than six (6) months after the restriction
is first applied. The parties agree to further discuss the Protocol Testing and remediation procedures.
Effective the first full pay period after October 1, 2016, bargaining unit members who are State
Certified EMT (non -paramedics) shall receive an annual pay supplement in the amount of 2% of base pay.
Effective the first full pay period after October 1, 2017, bargaining unit members who are State Certified EMT
(non -paramedics) shall receive an annual pay supplement in the amount of 4% of base pay.
18.11. Bargaining unit members shall receive a monthly educational incentive pay supplement in
accordance with Chapter 633, Florida Statutes.
18.12. Effective the first full pay period after October 1, 2016:
A. Bargaining unit members shall receive an annual pay supplement up to $2,500 or 5% of base pay,
whichever is higher, for using the following certifications specified below. Any increases or decreases
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S11. 6764429-22134 .
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
• Fire Air Program Coordinators assigned to coordinate and supervise the Air Program
• Air Truck Drivers assigned to the Air Program
B. Driver Engineers — Effective October 1, 2016, bargaining unit members assigned to the ERD Division
with the regular responsibility of driving emergency response vehicles, including the fire boat, shall
receive an annual pay supplement up to $2,500 or 2.5% of base pay, whichever is higher.
C. Bargaining unit members may be eligible to receive the following annual pay supplement on their base
rate of pay:
• Members assigned to twenty-four (24) hour on -call positions shall receive 10% on -call pay.
Those positions must be mutually agreed to by the Union and the Fire Chief Members shall
be available for call via telephone during all off -duty hours and respond in a timely fashion
within a maximum of thirty (30) minutes of being notified
Plans Examiners/New Construction assigned to the Fire Prevention Bureau who are certified
as State of Florida Fire Inspectors and review all building plans within the City of Miami shall
receive a 10% pay supplement
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876442 9-22 4112
Chief Fire Officers assigned as Battalion Commanders over all districts on their assigned shift
shall receive a 10% pay supplement
• Members assigned to work a forty (40) hour work schedule shall receive a 5% pay
supplement
• Fire Lieutenants or Fire Captains assigned to the Alarm Office as Fire Central Information
Officers on their assigned shift shall receive a 5% pay supplement
18.13, The Parties agree that annual pay supplements that are currently subject to pension deductions
and applicable federal taxes and that are currently included in calculating an employee's average earnings for
pension purposes shall continue to be subject to pension deductions and applicable federal taxes and included
in calculating an employee's average earnings for pension purposes.
18.14. EMS recertification training shall be performed Off Duty with Overtime pay in accordance
with this Agreement.
18.15. Effective the first full pay period after October 1, 2015, the bargaining unit members identified
in Appendix D who would receive a reduction to their base wages as a result of the implementation of the
cumulative changes in this Article and the change in the employee pension contribution as set forth in Article
43 - Pension, will have their rate of pay adjusted to offset the reduction, respectively. These members shall
remain at this new pay rate until either their next step increase or upon promotion to a higher rank which
results in a higher base salary.
18.16 Effective October 1, 2018, bargaining unit members who currently have or successfully obtain
a college or university degree shall receive an annual incentive bonus as outlined below. This incentive shall
be prorated and paid on a bi-weekly basis. Bargaining unit members shall only be credited for the single
highest educational degree obtained.
Associate' s Degree $1,200
45
442942$34$2
Bachelor's Degree $2,400
Master's Degree $3,600
Juris Doctor, Ph.D., Ed. D, M.D. $4,800
46
SPI) 64429-Z253442
ARTICLE 19,
VACATION TIME
19.1. Base vacation hours shall be one hundred forty (140) hours (96 hours for 40-hour
employees). Longevity vacation on the sixth, seventh, eighth, ninth and tenth year of employment
will be granted at the rate of ten (10) hours per year longevity vacation. From the eleventh year
on it will be granted at the rate of five (5) hours per year. Bargaining unit member vacation
accrual per year will be capped at two hundred ninety hours (290) hours (240 for 40 hour
employees). Employees who are above two hundred ninety (290) hours prior to December 31,
2015 are exempt. 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.*
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. 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.
193. Vacation shall be taken by the second payroll period following the last payroll
period of the calendar year in which the vacation was credited. If using the second payroll period
causes administrative problems then the parties will explore other methods of addressing this
issue. Forty (40) hour employees (or 48 hour and 52 hour employees) shall only be allowed to
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764429-2253482
*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 Article 44.6
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SPO 764429-2253482
carryover five hundred (500) hours (or 600 hours) of the previous year's credited vacation. Any
excess vacation over the five hundred (500) hours (or 600 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 five hundred (500) hours
(or 600 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 five hundred (500) hours (or 600 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.
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S7'D14- IV 8764429-2253482
ARTICLE 20
OVERTIME
201 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.
202 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 l of each year, the employee may elect
to be paid for the full accumulation of earned time on the last pay day in
November or carry over up to 48 hours for use during the following
calendar year. If the employee elects to carry over up to 48 hours of
compensatory leave, any additional balance shall be paid on the last pay
day in November.
B. Employees may schedule up to 48 hours of compensatory time in
conjunction with their vacations.
C. Compensatory time, which has not been previously approved, may be
taken off at the sole discretion of the Fire Chief. Denial of requests to use
unscheduled compensatory time shall not be subject to any grievance
procedure.
D. In the event, a state of emergency is declared due to an act of God and the
City Manager grants emergency leave, such leave shall not be includedin
determining eligibility for overtime. The employee utilizing such leave
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7644129-2253482
shall be paid straight time for those hours worked in excess of their normal
51
SP DN-868764429-2253482
work day or in excess of their normal work week equal to the number of
hours taken as emergency leave, before overtime shall apply. Employees
shall not be permitted to accrue compensatory time in lieu of overtime for
grant -funded positions, including overtime created by back -fill.
11 The parties agree that overtime hours shall not be used in the computation of
arriving at average earnings for purposes of establishing pension benefits.
204. The parties agree that assignments of overtime work shall rest solely with the
Department Director.
205. 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.
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ARTICLE 21
CALL BACK PA
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.
213. 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.
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SPDN R0764429-2253482
ARTICLE 22.
OUT OF &.LASSIFI A
22.1. The City agrees that any person covered by this Agreement who is required to
accept the full responsibilities and carry out the duties of a rank above that which he normally
holds shall be paid at the hourly rate of five percent (5%) 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.
54
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ARTICLE 23
11()LIDAYS
231. The following days shall be considered holidays:
New Year's Day
Presidents' Birthday
Memorial Day
Independence Day
Labor Day
Martin Luther King Day
Columbus Day
Veterans Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
23.2. Any additional holidays declared by official resolution of the City Commission
shall be added to the above list.
23,3. New Year's Day, Independence Day, Veterans Day, and Christmas will be on
January 1st, July 4th, November 1 1th, and December 25th, respectively. However, those
bargaining unit employees who work 40 hours per week will observe the above four (4) holidays
on the same dates as do the non -uniformed employees of the City.
23.4. Any employee covered by this Agreement, in pay status, at the time the holiday
occurs, shall, at his option, if assigned to a twenty-four (24) hour shift (48 or 52 hour work week),
be paid for ten (10) hours at his regular rate of pay or receive ten (10) hours of compensatory
time, or if assigned to a forty (40) hour work week be paid for eight (8) hours of compensatory
time or be paid eight (8) hours at his regular rate of pay.
23.5. 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)
55
7 4429-27,51182
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,
56
5PE) 1376442942534$2
ARTICLE 24
RESERVED
57
PON. 64 429-72134 &'.2,
ARTICLE 25
VE AND LEA
I 7
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) calendar 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) calendar 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.
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.
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L64429 7
25.7 Upon approval of the Fire Chief, and the City Manager or his/her designee, a leave
without pay may be granted, for the purpose of entering a course of training or study calculated to
improve the quality of the employee's service to the City through course work directly related to the
employee's job, for a period not to exceed six (6) months. The request for leave without pay may be
extended for an additional six (6) months upon approval of the Fire Chief and the City Manager or
his/her designee. Employees requesting said leave of absence shall be required to submit evidence of
registration upon entering each quarter/semester of school.
25.8 A leave of absence without pay may be granted, for a good reason other than mentioned
herein, for a period not to exceed ninety (90) calendar days. Approval of said leave is at the sole
discretion of the City Manager or his/her designee.
25.9 Bargaining unit employees who desire to take a leave without pay for any reason
specified in this Article (excluding serious health condition) must exhaust all their vacation leave
balances prior to taking a leave without pay. A request for leave without pay for a serious health
condition as provided under the Family and Medical Leave Act shall require the bargaining unit
employee to use all sick and vacation leave balances prior to taking leave without pay.
25.10 Bargaining unit employees who desire to take a leave without pay for any reason
specified in this Article shall not accrue leave time. At the expiration 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
5 9
SPDN-868764429-2253482
ARTICLE 26
RESERVED
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ARTICLE 27
DEREAVEIV nil' 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, spouses grandparents, domestic partner's
grandparents, stepfather and/or stepmother if they have raised the employee from infancy regardless of
place of residence, and may include any other person who was an actual member of the employee's
household for five (5) 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 Human Resources Department.
Failure to produce the death certificate will result in the employee reimbursing the City for any days
taken under this Article. Any employee found to have falsified his application for bereavement leave
will be subject to disciplinary action up to and including dismissal.
27.2 It is understood that under certain circumstances the employee may be unable to obtain
a death certificate. In this event, in lieu of a death certificate, the employee shall submit a newspaper
account showing the death and the relationship of the deceased to the employee and/or other
information and documentation as required by the Department of Human Resources.
27.3 In addition to bereavement leave, at the request of the employee, the Department
Director may authorize the use of accrued vacation.
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SPIDN-868764429-2253482
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.
27.5 Bereavement leave is for attending a funeral or to attend to estate issues or for being in
a state of bereavement and must be taken within 45 days of the death of the family member. The Fire
Chief at his sole discretion, can make exceptions to the 45 day limit under truly unique circumstance,
but his decision is film1 and cannot be appealed through the grievance procedure or any other forum.
62
ARTICLE 28
PHYSICAL EXAMINATIONS
28.1 Employees shall be required to take an annual physical examination.
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.
63
SPDI*4 4429-2253482
City
ARTICLE 29
1:),%S OFE0I1 PM ENE
29.1. A bargaining unit employee shall reimburse the City for the repair or replacement
cost of lost, stolen, or damaged City equipment when the City demonstrates that the employee's
careless and/or negligent act(s) resulted in the loss, theft, or damage.
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SPDN-868764429-2253482
City
ARTICLE 30
PLQQD DONORS
30.1. Employees who volunteer as blood donors to contribute to a City supported Blood
Donor Organization will be authorized the absence necessary to accomplish this purpose. The
Blood Donor Organization's personnel will determine what amount of time the donor will need
from the point of donation until the City donors are released to go back to work.
65
SPDN-868764429-2253482
ARTICLE 31
PERSOI 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 testable blood/urine sample under any of the following conditions
will be dismissed.
AANI),DM.SUBSTANCE SC LNG
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 employeesmeeting
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.
1,1ANOOM SCREENING eoot, citintivA
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 three hundred and seventy-five (375) hours of sick leave accumulation.
Employees assigned to a forty (40) hour week with less than three hundred (300)
hours of sick leave accumulation.
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$PDN 764429-225342
C. Employees who are absent without leave (AWOL) twice within a one hundredand
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.
B.EASONABL BELIEF.
SUBSTANCE SCREENING CATEGORIES
A. Where a District Chief, or above has a reasonable belief based upon objective
factors that the employee has possession or is using, dispensing or selling any illegal
drug or controlled substance which is not prescribed by a licensed physician.
B. Following any vehicular accident occurring on -duty, on an off -duty detail, traveling
to or from same, involving employee(s) where a District Chief, or above has a
reasonable belief based upon objective factors that the involved employee(s) may
be under the influence of alcohol or may have been using, possessing, dispensing
or selling controlled substance, unlawful, mind -altering, or non -physician
prescribed drugs.
C. Where a District Chief, or above has a reasonable belief based upon objective
factors that the employee is under the influence of alcohol 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.
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SPUN- 47641294253482
uPsti,/,'ICKSCRF',ENIN ,PAQCP UREA
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 i f given
or the reserved portion of the initial sample, by Gas Chromatography/Mass Spectrometry
(G.C.M.S) or better testing. Testing procedures shall be under a reliable state licensed clinic
laboratory.
31.3 The reserved portion of the first sample will be utilized for the separate second test.
Employees shall be notified of a positive result within seventy-two (72) 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 (Ca11
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.
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STD 764429-2253,In
31.6 Disputes arising as to whether there was reasonable belief shall be arbitrable as set forth
below under the Expedited Arbitration Rules of the American Arbitration Association. All other
issues involving grievances shall be processed as outlined within Article 15 - Grievance
Procedure.
31.7 The employee(s) shall not be disciplined until a positive test result is communicated to
the City. However, if the employee's conduct in connection with the substance/alcohol abuse
amounts to conduct for which the City may otherwise discipline the employee, the City may take
action prior to knowing of a positive test result.
31.8 The IAFF will be advised of passed or failed tests to the extent that the releasing of such
data is not inconsistent with Federal or State laws regarding the privacy of said test or if the
individual involved does not want his test results released to the IAFF.
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 LevelIng/m1)
Cannabinoid (Marijuana) Metabolites 50
Cocaine Metabolites 300
Opiate Metabolites 2,000
Phencyclidine 25
Amphetamines 1,000
Methaqualone 300
Methadone 300
Propoxyphene 300
Tricyclic Antidepressants 300
Designer Drugs:
Ketamine TBD
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5PUN,- 5764429-2253482
Methylenedioxymethamphetamine (Ecstasy) 500
Carmabinoid (Marijuana) Metabolites
Cocaine Metabolites2
Opiates
Morphine
Codeine
6-Acetylmorphine3
Phencyclidine
Amphetamines
GUIVIS Test Level
15
150
2,000
2,000
10
25
Amphetamine 500
Methamphetamine4 500
Methaqualone 300
Designer Drugs;
Ketarnine TBD
Methylenedioxymethamphetamine (Ecstasy) 500
Delta-9-tetrahydrocannabinol-9-oarboxylic acid
2Benxoyiecgonine
3Test for 6-AM when the morphine concentration is greater than or equal to 2,000 ng/ml
4Specim. en must also contain amphetamine at a concentration greater than or equal to 200ng/m1
31.10 Initial test results for alcohol will be considered positive when the individual's blood
alcohol content is 0.04 grams per di or greater using whole blood.
31.11 Alcohol related specimens identified as positive by the initial test shall be confirmed as
positive by Gas Chromatography Volatiles Head Space Method or more reliable testing for whole
blood at 0.04 grams per di or greater.
31.12 The cutoff concentrations referenced in this Article may be revised by mutual agreement
when changes in technology allow for reliable testing at lower concentration levels.
):41XPEDITED ARBITM 'ION
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.
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SPDN-868764429-2253482
The two Umpires will alternate hearing only grievances where the Union brings a
grievance and requests expedited arbitration on behalf of a bargaining unit member and 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 bargaining unit member to take the
Alcohol/Controlled Substance test.
Where reasonable belief exists to test an employee for drugs and/or alcoholic beverages,
the City will notify the Union regarding same and will provide the Union with the information
available to the City at that time regarding the objective factors supporting the reasonable belief,
Thereafter, the Union will have forty
(48) hours to notify the Chief of Management Services
and the Labor Relations Division, Department of Human Resources of its intention to invoke
expedited arbitration and to confirm same to the Chief of Management Services and the Labor
Relations Division, Department of Human Resources thereafter in writing. By the City providing
information to the Union in order that it may make its determination whether to pursue expedited
arbitration, the parties agree and acknowledge that the City is in no way waiving any of its rights,
arguments, ability to introduce new or additional evidence or defenses at arbitration, expedited
or otherwise.
Only the Union can invoke expedited arbitration under this Article. If the Union does not
invoke expedited arbitration within forty-eight (48) hours of being notified by the City, expedited
arbitration shall be precluded. Further, expedited arbitration shall be precluded under any
circumstances in which an employee is arrested for a drug related crime.
31.14 Reasonable Belief Substance Screenings shall be tested even if the Union timely invokes
expedited arbitration on behalf of an employee. If the Union invokes expedited arbitration, the
results of the test will not be released by the testing company until the umpire rules that there was
reasonable belief to test the employee.
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SPDN-861376442W2534}1241
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.
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,
REHABILITATION
31.18 . 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
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4422.2$34E
approved program administrator is able to state that he/she has successfully
completed the program, including aftercare. While in the program, the employee
will be allowed to return to work if the program administrator approves; if not,
the employee may be suspended until the program administrator approves return
to work. Such suspension shall not exceed six months. If the employee cannot
return to their regularly assigned position after six (6) months they shall be
dismissed. If the employee does not successfully complete the program including
aftercare, he or she will be dismissed. Employees shall not be permitted to work
in combat positions until program administrators feel certain there is no possibility
they are using drugs and submit this opinion in writing to the City. If and when
the employee successfully completes the in -patient portion of the program, as
determined by the program administrator, the employee shall be allowed to return
to work.
B. Upon being notified of a positive test, the employee will be immediately relieved
of duty. If relieved of duty, the employee, if eligible, will use all of his/her earned
time, vacation time, and sick time, and then he/she will go off the payroll.
C. If the employee fails to enter, participate in and/or successfully complete any part
of the rehabilitation program, including any after -care program, the employee
shall be terminated from his/her employment with the City,
D. Effective upon ratification of the labor agreement, employees cleared to return to
work by rehabilitation administrators, shall be subject to substance screenings at
management's discretion for a period of two (2) years from the date the employee
returned to work. The City will be limited to a maximum of five (5) screenings
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SPON. 764429-2253482
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.
74
SPDN-868764429-2253482
ARTICLE 32
gouit„,.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 asfollows:
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).
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SPON-86 764429-2253482
61y
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 puinper 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 M: ,ement decision will not be grievable
or arbitrable.
76
SIIDN4 429-2 34$2
Lto o
ARTICLE 34
34.1 Where an investigation is initiated by the Management of the City of Miami Fire
Department against an employee covered by this Agreement concerning criminal charges and
where a formal statement under oath is elicited from the accused employee, the interrogation
shall be conducted under the following conditions:
(a) The interrogation shall be conducted at a reasonable hour, preferably while
the accused is on duty, unless the seriousness of the investigation is of
such degree that an immediate action is required. If the accused is off duty
at the time of the interrogation, the accused shall be entitled to overtime.
However, if he or she is eventually found guilty of the charges through the
applicable administration processes, any overtime shall be forfeited in
addition to any penalty imposed for the violation. If it occurs while on
duty, a commanding officer or a supervisor of the accused shall be notified
of the interrogation.
(b) If the interrogation is conducted by or for the Department, it shall take
place in the Miami Fire Department building. If the interrogation is to be
conducted by or for another investigating City agency, it shall be
conducted at either the investigative agency's City office or at the Miami
Fire Department.
(c) The accused shall be informed of the rank, name, and 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.
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SPDN-868764429-2253482
Um
(k)
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.
The accused shall not be subjected to abusive or offensive language or
threatened with transfer, dismissal, or other disciplinary actions. No
promise, reward, threat, or action shall be made as an inducement to
answering any questions.
The complete interrogation including when recesses are taken shall be
recorded, and there shall be no unrecorded questions or statements.
The accused shall not be obligated into giving a second statement
concerning the same facts elicited in an original interrogation. This will
not preclude an investigator from asking questions at a later time, that were
not covered by the first statement.
No mechanical device, including, but not limited to, polygraph,
psychological stress evaluator, et al., shall be forced onto an accused, nor
shall disciplinary action be taken against an accused who refuses to submit
to such testing.
If the accused is under arrest, or is likely to be arrested as a result of the
interrogation, he shall be fully informed of his or her legal rights prior to
any interrogation.
At the request of the accused, he or she shall have the right to be
represented by counsel or any other representative of his or her choice
during the entire interrogation.
78
Where an attorney or employee representative is requested but cannot be
present within four (4) hours of notification, the employee shall be
required to obtain another employee representative or counsel. When an
employee representative or counsel is present, he shall be only an advisor
and shall not have the right of cross-examination.
34.2 The above shall not apply to investigations and review of infractions of non- criminal
City and Departmental Rules and Regulations provided, however, any employee covered by
this Agreement who is disciplined as the result of the alleged violation of City or Departmental
Regulations, Rules or Policies shall have the right to have Union representation present if he or
she desires it. If such meeting occurs between 9:00 a.m. and 5:00 p.m. on normal Monday
through Friday business days the employee shall be allowed two (2) hours to have Union
representative present. If such meeting occurs at times other than, those described above, the
employee shall be allowed four (4) hours to secure Union representation. The Union
representative shall be an advisor to the employee and shall not have the right to cross-
examination.
79
SPI) 64429,-225 82
35.1. It is
ARTICLE 35
R.ESIDENCY
eed that while residency is not a condition of employment a candidate that is
otherwise qualified may be given, at time of hire, preference for employment in order of domicile
as follows: (1) City of Miami resident, (2) Miami -Dade County resident, (3) resident outside of
Miami -Dade County.
80
SPDN, 29.125302.
ARTICLE 36
SHIFT STRENGTH
36.1. Thc department shall maintain a minimum of one hundred sixty-one (161)
uniform personnel on duty per shift, which also includes one (1) Air Truck Driver, Car 94/95,
and FCIO.
81
64429-2233482
ARTICLE 37
'ATION COMIVIAND
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,
82
SPON-5 442- 53482
ARTICLE 38
TOTAL ,AGREEMENT
38.1. The parties agree that this Collective Bargaining Agreement represents the total agreement
during the life of this contract, and no requests shall be made to increase the cost of wages,
hours, and working conditions through the Civil Service Board, City Manager, the Mayor, or the
City Commission during the life of this Collective Bargaining Contract.
83
6442 ,22 4 8 2
ARTICLE 39
REPRESENTATiON OF rlit,Ci TY
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.
84
764429.42$34B2
ARTICLE 40
REPRESENTATION Qt' TILE ITN:1M
40.1 The bargaining unit shall be represented by the President of the Union or by a person or
persons designated in writing to the City Manager or his designee by the President of the Union.
The identification of representatives shall be made each year prior to April 1.
40.2 The President of the Union, or the person or persons designated by said President, shall
have full authority to conclude a collective bargaining agreement on behalf of the Union subject
to a majority vote of those bargaining unit members voting on the question of ratification.
40.3 It is understood that the Union representative or representatives are the official
representatives of the Union for the purpose of negotiating with the City. Such negotiations
entered into with persons other than those as defined herein, regardless of their position or
association with the Union, shall be deemed unauthorized and shall have no weight or authority
in committing or in any way obligating the Union.
40.4 It shall be the responsibility of the Union to notify the City Manager or designee in
writing of any changes in the designation of the President of the Union or of any certified
representative of the Union.
85
SPDN-868764429-2253482
City
41.1. The City
;RE
ARTICIN, 41
IN HE E r N
es that in the event of a transfer of the Fire Department or its functions to
Miami -Dade County, all•the rights and benefits of the transferred employees guaranteed under
this Agreement shall be continued for the term of this Agreement.
86
ARTICLE 42
SAVINGS PIO/VISION
42.1. If this Agreement or any provision, section, subsection, sentence, clause, phrase or word
of this Agreement is declared invalid by a court of competent jurisdiction, the remainder of the
Agreement shall remain in full force and effect. The parties will meet, promptly, to negotiate
replacement language in accordance with Chapter 447, Part LI, Florida Statutes.
87
SPDN. 57O442Yfl5J4.2
ARTICLE 43
rtNsm N
43.1 Pension Plan
The pension benefits and employee contributions of employees covered by this
Agreement shall remain unchanged as they presently exist as currently set forth in the City of
Miami Firefighters' and Police Officers' Retirement Trust, Section 40-191 through 40-213,
Miami City Code ("FIPO") except as modified below. .e4ipoatfiatkbBargaining
unit members who were vested into their pension benefits on or before September 26, 2010, shall
have the pension benefits in accordance with the provisions of the FIPO in effect on September
26, 2010. Those bargaining unit members will remain eligible to participate in the Backdrop
Option set forth in section 43.4, below.
Effective September 30, 2021, bargaining unit members who were not vested into th ir
benefit on or before Se tember 26 20LO, shall have the pension benefits in au.oidanewi1hthe
provisions of the Fly° in eMct on S
tember 26 2:/19 with. a ea n enefits of One hundred
and twenty thousand dollars ."120,0.00001, lbose bargaining unit members will remain eligible
for thc Backdrslp Option set forth in section 43„4„ helm
43.2 Employee Pension Contributions
The employee pension contribution shall be ten percent (10%) of compensation.
43.3 In the event the City decides to purse the issuance of a securitized instrument as an asset
to FIPO, the City and the Union agree to negotiate a sharing arrangement for a portion of the
savings.
43.4 BACKDROP Option.
A Backdrop benefit option shall be implemented on January 1, 2013. The Backdrop option
shall replace the existing DROP program. Employees who have not attained normal retirement
88
eligibility as of the effective date or were not vested by October 1, 2010, and all employees hired
on or after that date, will be eligible for the Backdrop option, but will not be eligible for the
DROP. Anyone eligible for the forward DROP as of January 1, 2013, remains eligible for the
forward DROP as it presently exists and anyone eligible for the forward DROP as of January 1,
2013 or vested prior to October 1, 2010, who chooses not to enter the forward DROP remains
eligible for the Backdrop.
(a) An eligible employee who elects the Backdrop option shall receive a monthly
benefit payable on the employee's actual retirement date (date of retirement and
separation from City employment) based on the benefit the employee 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 employee who elects the Backdrop option will receive a lump sum
payment equal to the accumulation of monthly retirement benefit payments he/she
would have received during the period following the Backdrop date through the
actual retirement date ("Backdrop period"), plus interest at the rate of 3% per year,
compounded annually. An eligible employee may elect a minimum Backdrop
period of 1 year and maximum 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 accordance with section 40-203(m) at the time
of 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 Backdrop option after completing one year of
creditable service following the normal retirement date. A Backdrop election m t
89
tjliOfl
be made within 10 years after becoming eligible for normal retirement. The
maximum Backdrop period is 7 years. Eligible employees who wish 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 may be approved by the City
Manager due to special circumstances. Bargaining unit employees will be able to
revoke their Backdrop election one time, but within 1 month of their election.
However, if a bargaining unit employee is granted a lesser notice period by the
City 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.
(c) All or a portion of the lurnp sum payment under the Backdrop option may be rolled
over to an eligible retirement plan or IRA in accordance with federal law, If the
Backdrop is ever terminated, for any reason, the rights of all persons then in the
DROP shall not be diminished or impaired. Additionally, if the back DROP is
ever terminated, all persons who are then eligible for a back DROP will still be
eligible for a 7 year back DROP. The Board of Trustees of FIPO shall develop
operational rules for the implementation of this provision.
43.5 The parties agree to support the change of the approved actuarial cost method from the
current aggregate method to the Entry Age Normal actuarial cost method based on reasonable
amortization periods and assumed payroll growth with an expected reduction in contribution
requirements of approximately 1.72 million dollars estimated using a 25 year amortization
period and 3% payroll growth. If legally necessary or legally required, the parties agree to
jointly petition the Circuit Court judge in the ease of Gates v. City of Miami to alter the judgm
90
SPD1,1•• 64429-223482
accordingly, to be effective for the plan year beginning October 1, 2012. Upon receipt of
approval from the Court, the City shall implement the change by ordinance,
91
764429-2253,142
43.6 Balance Transfers.
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.
43.7 Service Retirement Benefit Multiplier
Effective October 1, 2015, a firefighter member exercising any retirement on or after
October 1, 2015, shall be entitled to receive a retirement allowance equal to three percent (3%)
of the member's average final compensation multiplied by years of creditable service for the first
15 years of such creditable service and three and one-half percent (3.5%) of the member's
average final compensation multiplied by the number of years of creditable service in excess of
15 years, subject to the maximum retirement allowance contained in the retirement plan.
43.8 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 finding 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 thirty four (34%), the excess dollars should go to fund the
pension stabilization fund until such time as the actuaries determine the Pension
Stabilization Fund is considered reasonably actuarially sound to stabilize the City's
contribution for ten (10) years.
B. In addition, the City shall establish a manner to ensure that the appropriate dedicated
funds are reserved with the intent to stabilize the City's annual pensioncontribution. It
92
SPONrire,... 7 94n-2253482
Iffec
is agreed that these monies will be in Trust with the sole purpose of stabilizing the
City's annual pension contributions.
93
SPUN- M764429-2253482
Cilv
ARTICLE 44
44.1 Sick time will be granted at the rate of ten (10) hours per month for 48 and 52 hour a
week employees and eight (8) hours for 40 hour a week employees.
44.2 Up to forty-eight (48) hours of Sick Time (40 hours for 40-hour employees) may be used
for the illness of an employee's qualified family member. An employee' s Sick time may be used
for the illness of a family member in excess of forty-eight (48) hours (40 hours for 40 hour
employees) for a long term serious health condition with the recommendation of the Fire Chief
and approval of the City Manager or his designee. This is in addition to any benefits afforded
under Article 25 of this agreement.
44.3 After the accumulation of six hundred (600) hours (four hundred and eighty
(480) hours for forty (40) hour week employees) of sick leave, further accumulation shall at the
employees option, be:
Option 1 - Added to the employees sick time bank
Option 2 - Paid for all sick leave hours in excess of sixty (60) hours annually (forty eight
(48) hours for forty (40) hour week). Time earned for each calendar year
shall be paid the first full pay day in February.
Option 3 - Credited to an employee's vacation leave at the rate of five (5) hours vacation
leave for each ten (10) hours of sick leave earned,
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
94
311)N-S 764429-22534B2
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 (100%) of accumulated sick leave up to
3
twelve hundred (1200) hours* and fifty percent (50%) of accumulated sick leave above twelve
4
hundred (1200) hours at time of severance of service with the Department. *
3&4
* Any vacation time balances that are converted to sick time under provisions of Article 19.1 shall be added
95
SPUN ;;,,764429.2253482
over and above the 1200 hour limitations set forth here in Article 44.6
96
°VON- 764429-2253482
ARTICLE 45
TUITION REINIBUB$EMENT
45.1 It is agreed between the parties that a tuition reimbursement program designed to
encourage bargaining unit members to improve their job performance and increase their value to the
City by pursuing courses of study related to their job duties at Miami -Dade County, Broward County
or other approved County educational institutions shall be established. Other educational programs may
be covered, provided the City and the Union mutually agree upon the inclusion of the educational
program.
45.2 Any full-time sworn, permanent bargaining unit members shall be eligible to participate
in the Tuition Reimbursement Program. Tuition reimbursement provided under this Article shall not be
subject to budgetary constraints.
45.3 All degree seeking 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 and for the purpose of professional development. Class attendance will be on the
bargaining unit member's own time unless otherwise noted in the course announcement and authorized
by the City Manager or the Labor Relations Officer. All technical and/or non -degree seeking education
must be directly related to the bargaining unit member's job duties and for the purpose of professional
development and shall be from organizations or institutes approved by the Fire Chief or designee.
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 $4,000 in a calendar year. All coursework in pursuit
of a paramedic certification shall be covered by the City.
97
SPDN-86 7 294253482
45.5 To be eligible for reimbursement, the bargaining unit member's must successfully
complete the course work and provide evidence of successful completion to the City. Successful
completion must be evidenced by a grade of "C" or better.
45.6 Procedures for reimbursement will be as follows:
A. The bargaining unit member must obtain three (3) copies of the Application for
Tuition Reimbursement form for each course from his department or the Human
Resources Department.
B. The bargaining unit member must complete the application in triplicate and
submit it to the Fire Chief prior to registration at the education institution.
C. The Fire Chief will then review the application and if approved forward the
original and one (1) copy to the Human Resources Department. Ifthe application
is disapproved, it is then returned to the bargaining unit member by the Fire Chief.
D. The Human Resources Department has the authority to approve or disapprove the
application, and applications not approved will be returned to the Fire Chief with
the reason for rejection noted thereon.
45.7 In the event the bargaining unit member resigns or is terminated from the City within one
(1) year following completion of the course(s) for which City funds have been expended, the amount of
tuition reimbursement paid to the bargaining unit member will be reimbursed to the City by the
bargaining unit member upon his termination from the City through a deduction from his final
paycheck.
SRN-
7 4429-2253 4 82
98
45.8 Upon completion of the course work, the bargaining unit member must submit his
semester grade report together with the tuition fee receipt to the Fire Chief. The Fire Chief will submit
the approved application for tuition reimbursement along with the bargaining unit member's semester
grade report to the Finance Department who shall then reimburse the bargaining unit member for the
City's share of the tuition reimbursement. The Fire Chief will advise the Human Resources Department
of the employee's satisfactory completion of the course,
45.9 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.
45.10 At the discretion of the Fire Chief, attendance at training courses while on duty shall
be allowed and shall be charged to S.A. time,
45.11 Those employees attending classed paid for 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.
99
SPDg 644n-225'3A
Cav
tlt
BARG
NG II
ARTICLE 46
1BE1. 1L'D E F C
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 $250,000 from the City upon said bargaining unit member's death. Application shall be made
to the City for payment of such death benefits.
100
ARTICLE 47
RETIREE flEALTH PJAN
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 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.
47.4 The parties agree that any losses, charges or expenses incurred by the participant in the
RHP will be borne by the participant and shall not be made up by the City of Miami, the IAFF
or the RHP.
101
SPDN- 429-2253482
1.17tri; -
ARTICLE 48
yERMINATION AND MODIFICATION
48.1 After a majority vote of those bargaining unit members voting on the question of
ratification, and thereafter upon its ratification by an official resolution of the City Commission
ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the City,
then the Agreement, upon being signed by the appropriate Union representative and the City Manager,
shall become effective October 1, 20462019, except where otherwise stipulated. This Agreement shall
continue in force until September 30, 2-04-92022.
48.2 On or before March 2020, and Nfarch 2021, either party may reopen tbr
negotiations up to two (2) articles of this Agreement- by notifying the other irt,witing af its intention
to do so. The parties expressly agree that the benefits restored in 2018 in Artlele,18.t, 18,10 1.4„12,
and 18.16 shall not be reduced for the term of thiS AffeCMOTIt. Article 43 shall not hesubieet to
reopener.
4823. On or before March 1, 204-92022 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.A4. On or before March 1, 204-92022, 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 desi to• ated with a strike through of deleted language and new
language will be underlined.
48.45. Initial discussions for a successor Agreement shall thereafter and no later than April 1,
204-1;12022 be entered into by the City and the Union.
102
48.56. Such discussions shall be concluded by the signing of a proposed agreement pursuant
to Florida law.
Agreed to this day of by and between the respective parties through an
authorized representative or representatives of the Union and by the City Manager.
103
SPD 64429-2253482
ATTEST: INTERNATIONAL ASSOCIATION` OF
FIREFIGHTERS, AFL-CIO/,OCAL 587
ATTEST: ON THE PART OF THE CITY OF MIAMI,
MIAMI, FLORIDA
APPROVED AS TO FORM
AND CORRECTNESS
CI"I'Y ATTORNEY
104
Cif i Tanager
AGREEMENT ..,.
ARTICLE PA
AGREEMENT IN EVENT OF TRANSFER 39
BARGAINING UNIT MEMBERS KILLED IN
THE LINE OF DUTY .................. ...................
BLOOD DONORS
OVERTIME ................ ...........>.,
44
28
BULLETIN BOARDS 11
CALL BACK PAY .a...ap ..,...,, 21
BEREAVEMENT LEAVE. ........... ....... ..,..,.., ........ 26
DISCRIMINATION ... .p.,;., 4
EMPLOYEE RIGHT TO REPRESENTATION.„.... ............ 32
FAMILY LEAVE AND LEAVES OF ABSENCE............... 24
,.a... 15
17
23
30
wp41. axp ,aw..e. 12
.. p@crax 27
6
2
........... .................. ...<.,........ 8
20
GRIEVANCE
GROUP INSURANCE ..............
IIOLIDAYS .., ......<a p...wapw p....<...p, w..
HOURS OF WORK
LINE OF DUTY INJURIES ........
LOSS OF EQUIPMENT........,
MANAGEMENT RIGHTS ........
NO STRIKE
105
1
75
87
54
17
44
52
7
66
48
26
33
46
64
18
53
9
3
11
42
RTICLE PACE
PENSIONMpt,..,44.-“a",“:41...,9,tts0,,,,,,giala,B,Vh"1”...P.4d,...46.,..a¢4.x,PS,,6,! 41 77
PERSONNEL ALLOCATION.---------------, 31 65
PHYSICAL EXAMJNATIONS 3.B,P.14 Y.,,,,..“,,,4rane,16.."1. f 8 ne,,,,,,, 26 52
PREVAILING BENEFITS .9 .,5,,,Y.d.t.i.PM,,,P,R.,,,,t4t**-04,,,,AC64,,,,,Sei q,A f4,},8 5 8
RECOGNITION -km .......... 6,4,,,,,d4,,,,,,•4,,W,,“..46:i.i,,,,,•"...1.4,..M... 1 2
REPRESENTATION OF THE CITY ,,,,,,,,,,,,,et...p..p..",,,,,,,,”,,y. 37 73
REPRESENTATION OF THE UNION . ........ .......„....,-.1:ti;i‘,...*i 38 74
RESIDENCY,,,,rpe:,,,,i,,,,,.:“.apx4,0,...,,,,V,P,91,Ifefd,,,,,,,,P....”04.,“.,..",..1,1 N 33 69
RETIREE HEALTH PLAN.....,.... .............. ... ... ... ..... ._ ... ..„,„ 45 88
SAFETY COMMITTEE..“4,,,,,,....,tieP4.,...r.f."...t.A'A.G.t.,F6:r.i(1,4: 13 23
SAFETY SHOES ........... ...,4-9.4-01,14“44.-"[“”.14,k,14.1.1:1$...}:14.3,-,.61,4,..,,s. 16 31
40 76
SHIFT EXCHANGE ,........,..............,......-...........„-.....„--........„ 9 12
SHIFT STRENGTH ........ ..•„--„,--------------- 34 70
SICK TIME 4.4 .... 4 ...... ...----------„------.....- 42 82
SPECIAL 'MEETINGS ......-----------------... 14 25
STATION CO,,,. : , Al .'• . DERS ”*“,46",””Ai.“1"A“.4.,R+, 35 71
SUBSTANCE/ALCOHOL --
PERSONNEL SCREENING ...... .........--,-,-,-----, 29 55
TERMINATION AND MODIFICATION.,........,..„--, ...... 46 89
TOTAL AGREEMENT.... ......... .....„...........--------- 36 72
TUITION REIMBURSEMENT ........„,„....---.....„,.....„.--, 43 84
UNION BUSINESS.-------,-------------- 3 4
UNION REPRESENTATIVES .,....---„...„----_,,,„........_ 7 10
VACANCIES -- PROMOTIONS ..,,,,,..2"”f,,,-“,,,,,,,.*,4a,...,•"..... 10 13
VACATION TIME a:e"..ar,z”,..,”v.,“,,,....a..• ,+,a4,,,ww".."4,,t,“4,6q.,,,i, I 9 40
WAGESx vo a.s.P 4, x ..... gil,,,,,,,,,d1,1*0,,,,,,,,,,"4,4,91,,,,IV.,/,"“...”1,“.",tai,,,, 18 34
WORKING OUT OF CLASSIFICATION ,,,,,,,,....)”.., .. 22 45
106
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