HomeMy WebLinkAbout2003 09 08 Regular H Ratify the Winter Springs Professional Firefighter's Local 3296
COMMISSION AGENDA
ITEM H
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
September 8, 2003 MGR P IDEPT -5 f ~
.
Meeting Authorization
REQUEST: The City Manager requests Commission Approval to Ratify the 2002-2003
contract with the Winter Springs Professional Firefighter's Local 3296.
PURPOSE: The purpose of this item is to authorize the City Manager to Ratify the contract
which would implement pay increases to the unionized firefighters that were
previously authorized in the budget and awarded to non-unionized employees, to
award the pay raises retroactively, and to increase prospectively the paramedic
incentive from $5,500 a year to $7,000 a year beginning the next pay period.
These pay increases are subject to the ratification by the Firefighter's union.
CONSIDERATIONS:
. The previous contract with the Firefighter's, which was effective from October 1,2001
through September 30, 2002 has been in effect until this proposed contract and has
effectively frozen wage levels to that contract year.
. The City desires to increase wages that were budgeted in the 200212003 fiscal year that
include the CODY and Associates Salary Study with the recommended "C" salary range
and implementation levels, merit increases, and to increase the paramedic annual
incentive from $5,500 annual to $7,000 annual prospectively beginning next pay.
. The City would make the pay increases for the CODY "C" implementation retroactive to
October 1,2002, all merit increases would be retroactive to the date of the employees
annual evaluation, and the paramedic incentive would be increased from $5,500 annual to
$7,000 annual calculated at the hourly rate of$2.4039 for 24-hour shift employees and at
the hourly rate of $3.3653 for 40-hour per week employees in addition to their base salary
September 8, 2003
Regular Agenda Item "H"
Page 2
but not subject to increases because of evaluation, and the increases would be made
prospectively beginning with the next pay period.
· The City would also agree to provide the bargaining unit employees with their
retroactivity pay for their 2001/2002 merit increases..
· Finally, this is subject to ratification by the Winter Springs Professional Firefighter's
Local 3296 and would not bar the Union or the City from pursuing its freeze language
Issues.
FUNDING:
No additional funding is requested, the wage increases have been budgeted and the
paramedic incentive increase would be prospectively and the amount needed for the remainder of
this fiscal year is available in the regular salaries budget because of vacancies.
RECOMMENDATION:
That the City Commission authorizes the City Manager to implement wage and salary
increases as outlined in the agenda item.
IMPLEMENT A TION SCHEDULE:
The period of the contract is from October 1,2002 through September 30,2003.
ATT ACHMENTS:
1 - Copy of Articles that were changed and agreed upon from the previous
agree men 1.
COMMISSION ACTION:
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ARTICLE 1
PREAMBLE
The parties of this Agreement, the City of Winter Springs, Florida, and the Winter Springs
Professional Firefighter's Association, Local 3296, affirm their mutual commitment to the goals of
high employee morale and an amiable employer-employee relationship.
The general purpose of this Agreement is to provide wages, hours, terms, and conditions of
employment for the employees covered by this Contract, and to provide an orderly procedure for the
resolution of differences.
The City of Winter Springs may hereinafter be referred to as: the City, Employer, Municipality
or Management.
The Union may hereinafter be referred to as: the Unit, the Bargaining Unit or Agent, the
employee, the bargaining unit employees, the Union, the Employee Representative, and the steward.
ARTICLE 10
REDUCED ACTIVITY PERIOD
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10.1 The use of beds will be permitted as determined by the Battalion Chief Shift Commander
and/or his designee.
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ARTICLE 11
SHIFf SWAPS
11.1 Shift employees may voluntarily swap a shift for personal reasons with another employee
subject to their Battalion Chiefs Shift Commander's written approval, and administrative
approval, provided there is no conflict with a pre-planned departmental activity.
11.2 The appropriate form (Shift Swap) shall be completed in full, signed by each employee and
their respective supervisor.
11.3 In no case shall a shift swap be made for a period ofless than one (1) hour.
11.4 Employees must shift swap with employees of the same job classification.
11.5 The completed Shift Swap form must be submitted for the second Battalion Chiefs sffift
oommander's approval at least twenty-four (24) hours in advance.
11.6 Shift swaps shall be paid back within thirty (30) calendar days.
11.7 The appropriate form must be completed for each shift swap occurrence.
11.8 Shift swaps may be used in lieu of, in conjunction with, immediately prior to, or immediately
following vacation time, by either party.
11.9 Shift swaps shall not be granted in order that either party shall receive benefit due to approved
holidays or other conditions that would otherwise be financially advantageous to either party.
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ARTICLE 12
WORKING IN OR OUT OF HIGHER CLASSIFICATION
12.1 A firefighter temporarily serving in a position out of their classification assigned by the Fire
Chief or his designee, shall be compensated at the rate of 1.2 hours of extra straight time pay
ten dollars ($10.00) per 24-hour shift beginning with the first shift serving out ffilf of
classification.
12.2 No firefighter shall be entitled to a higher rate of pay as a result of assuming a position of a
higher classification due to a shift swap; however, an employee who reports to work a shift as
part of a shift swap and who, upon reporting or during the shift, is assigned to work out of
classification during that shift shall be eligible for the additional compensation in paragraph 1
above.
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ARTICLE 13
UNIFORMSIEQUIPMENT
13.1 All uniforms, equipment, and insignia which employees are required to wear in the
performance oftheir work shall be furnished on an as needed basis by the City without cost to
the employee upon inspection by the Uniform officer.
13.2 The specific "uniform" items to, be furnished by the City shall consist ofthe following:
13.2.1
13.2.2
13.2.3
13.2.4
13.2.5
13.2.6
13.2.7
~ ; - Trousers
3 - Dress Shirts (2 short sleeve and 1 long sleeve)
1 - Jacket with removable liner
1 - Pair standard color uniform shoe or boot
(Redwing brand and style of shoelboot as approved by the Fire Chief,
or his designee; not to exceed the established dollar limit and limited to
replacement every 2 years)
1 - Uniform Belt
1 - Name tag with "Serving Since" plate
(officers only: 1 - set collar brass)
I - Badge
13.3 The specific "equipment" items to be furnished by the City shall consist ofthe following:
13.3.1
13.3.2
13.3.3
13.3.4
13.3.5
13.3.6
13.3.7
13.3.8
1 - Pair of protective Bunker pants with suspenders
1 - Protective Bunker coat
1 - Protective Helmet with eye shields
1 - Protective Bunker boots and 2 pairs of gloves (1 structural firefighting
gloves and 1 extrication tuff coat style gloves)
I - Protective nomex hood
1 - Personal Protection Equipment (PPE) Bag containing the following items:
pocket resuscitator mask, gown. safety glasses. exam gloves. and N95
particulate mask
must be immediately available to carried with the individual at all times.
1 - Identification card
1 - SCBA Mask
13.4 The City will assure that sufficient numbers of safety glasses and ear protection are on
apparatus.
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ARTICLE 14
EDUCATION
14.1 Effeotive Ootober 1,2001, The City shall reimburse employees upon completion for college
credit and technical classes. The reimbursement shall equal 100% for a "C" or above letter
grade and reimbursement of up to $100.00 per class for books. Reimbursement for college
and technical classes is limited to State Institutions, e.g. Seminole Community College,
University of Central Florida, etc. and approved programs for technical studies.
Reimbursement is also limited to course work in Fire Science, or Emergency Medical Services
subjects. Prior to entering a program of study the employees must submit an application for
tuition assistance and obtain the necessary approvals from supervisors.
14.3 Probationary employees are not eligible for tuition assistance. except for approved paramedic
and/or engineer classes.
14.4 Employees must reimburse the City 100% oftuition and book funds they have received from
the City for the past one-year period at termination of employment.
14.4 Employees receiving Grants, Scholarships, and assistance for tuition are only permitted to
receive the amount that would equal 100% for reimbursement.
14.5 It is agreed that ajoint labor-management team would specify and agree on classes included
for financial re-imbursement.
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ARTICLE 15
VACATION LEAVE
15.1 The current policies and procedures regarding annual leave (vacation) shall remain in effect for
the term of this Agreement.
15.2 Vacation may be taken in increments of not less than one full twenty-four (24) hour shift,
unless approved bv the Fire Chief.
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ARTICLE 20
BEREAVEMENT LEAVE
20.1 The City's current bereavement leave policy shall remain in effect for the term of this
Agreement.
20.2 Immediate Family shall be defined for this contract as: the employee's spouse, parent, child, or
sibling; spouse's parent, child, or sibling; the employee's child's spouse; grandparents or
grandchildren. spouse, mother, father, son, daughter, sister, brother, mother in law, father in
law, step parents, step brother, and step sister.
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ARTICLE 22
HEAL TH BENEFITS
22.1 The City's current practice (i.e.. treating the bargaining unit employees the same as non-
bargaining unit employees) ~ for the provision of payment of premiums for health
benefits and payment of premiums shall continue in effect during the term ofthis Agreement.
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ARTICLE 24
GRIEVANCE PROCEDURE
24.1 A grievance shall be defined as any difference, dispute, or complaint regarding the
interpretation or application of the terms of this Agreement. Every effort shall be made to
adjust controversies and disagreements in an amicable manner between the City, the Union, or
any aggrieved employee.
24.2 Should any grievance arise other than one resulting from discipline or discharge, there shall be
an earnest effort by the parties or aggrieved employee to settle such grievance promptly
through the following steps:
Step 1 - The aggrieved employee or the Union shall present, in writing, the grievance to the
aggrieved employee's Battalion Chief Captain within ten (10) working days ofthe occurrence
of the alleged grievance. The Battalion Chief Captain shall obtain the facts concerning the
grievance and shall, within ten (10) working days following receipt of the grievance, deliver to
the grievant, and the Union, his written response to the grievance.
Step 2 - rfthe grievance is unresolved at Step 1, then the aggrieved employee or the Union
may submit the grievance, in writing, along with the response in Step 1, to the Chief of the
Fire Department. The Chief shall meet with the aggrieved employee and a representative of the
Union to discuss the grievance within ten (10) working days following delivery of the
grievance to the Fire Chief. The Fire Chief shall deliver to the aggrieved employee and the
Union his decision, in writing, not later than ten (10) working days following the meeting.
Step 3 - In the event that the grievance is still unresolved, the matter may be submitted to
arbitration as provided herein.
Within fifteen (15) working days of the date ofthe decision of the Fire Chief, the Union or the
employee shall notify the Fire Chief of its intent to arbitrate. The employee or the Union shall
request, from the Federal Mediation and Conciliation Service, a list of seven (7) names of
qualified arbitrators. Within (10) working days after receipt of such a list, representatives of
the City and the employee or the Union shall meet and each party shall strike three (3) names
from the list. Upon the selection of an arbitrator, the employee or the union shall advise the
selected arbitrator of his selection. As promptly as can be arranged, the arbitration hearing
shall be held. The decision of the arbitrator shall be advisory to the City, the employee and the
Union.
24.3 The cost of the arbitrator shall be split evenly between both parties to the arbitration. The
parties shall be responsible for the cost of their own witnesses and the cost of any transcript
requested by them. Copies of the decision of the arbitrator shall be furnished to the City, the
Union and the aggrieved employee within thirty (30) days from the close ofthe hearing.
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24.4 The arbitrator shall have no power to alter, add to, or subtract from the terms of this
Agreement.
24.5 Grievances involving or affecting more than one (1) member of the bargaining unit may be
filed collectively by the Union and shall be filed directly with the Fire Chief.
24.6 For the purpose ofthis Article, the term "working days" shall be interpreted to mean Monday
through Friday. Saturdays, Sundays and days designated as holidays are excluded.
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ARTICLE 26
CALL-BACK PAY (RECALL)
26.1 Any employee who is required to work after leaving his or her regular shift shall be
compensated at the appropriate rate of pay for a minimum offour (4) one (1) hour~. Therecall
of employees shall be voluntary.
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ARTICLE 27
WINTER SPRINGS FIRE DEPARTMENT
WORKER'S COMPENSATION RESTRICTED DUTY POLICY
POLICY
PROCEDURES
27.1 REQUIREMENTS FOR RESTRICTED DUTY
27.2 APPLICATION FOR RESTRICTED DUTY
27.3 ADMINISTRATION
27.4 DURATION
27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY
27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED LEAVE STATUS
27.7 FAILURE TO REMAIN IN AUTHORIZED LEAVE STATUS
27.8 MANAGEMENT DISCRETION
27.9 LINE OF DUTY INJURIES
POLICY
Members of the Winter Springs Fire Department with diminished physical capabilities as a result of
physical disability and/or injury/or illness on the job may be assigned to Restricted Duty in accordance
with the provisions of this General Order. The primary priority for such assignments shall be the
augmentation of Administrative services. Physical disability and/or injury/or illness in non-line of
duty are covered in Section 27.9 of this policy.
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PROCEDURES
27.1 RESTRICTED DUTY AND LINE OF DUTY INJURY
To qualify for a Restricted Duty Assignment, members must be certified, by licensed
physician, to have physical or mental capabilities diminished to the extent the member can no
longer perform tasks required in the full application of firefighter powers. Additionally,
members must be capable of performing all the following:
(A) performs non-hazardous duties;
(B) write fire reports;
(C) work rotating shifts; and,
(D) work eight (8) hours per day, forty (40) hours per week.
A member unable to meet these requirements is not eligible for a Restricted Duty Assignment.
27.2 APPLICATION FOR RESTRICTED DUTY
A qualified mombor may apply for Restrioted Duty by submitting a oompleted "Restrioted
Duty }~pplioation Form" through the Chain of Command. The Physician's Statements and
Chain of Command ondorsement(s) must be oompleted prior to the form being submitted to
the Fire Chief. A member ofthe unit may appeal a denial of the request to the City Manager
who will be the final authority. The deoision of the City Manager shall be non grievable. The
Fire Chief will be the fust authority in deciding to approve a request for Restricted Duty.
27.3 ADMINISTRATION
The Fire Chief will determine the location and work hours of any Restricted Duty
Assignment( s).
Members may continue their primary assignment iftheir job description tasks are not
affected (e.g., a member normally assigned to Administrative Duties could continue
that assignment after knee surgery.)
Members given Restricted Duty Assignments outside their primary assignment will
report through the Battalion Chief Captain or Deputy Chief, who will submit weekly
status reports to the Fire Chief as the prognosis of any Restricted Duty member.
Restricted Duty Assignments will include, but are limited to non-hazardous firefighter
duties.
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27.4 DURATION
A Restricted Duty Assignment shall be limited to a maximum of three (3) consecutive months.
Any member in any combination of the below listed status for twelve (12) continuous months
or twelve (12) months out of any eighteen (18) month period will be required to return to full
duty or forfeit his or her right to continued employment.
Restricted Duty
Sick Leave
Leave of Absence (paid or unpaid) due to disability, illness or injury.
Those members unable to return to full, unrestricted duty will be terminated from employment.
Such employment termination shall be non-disciplinary and have no beming upon decisions
concerning the member's eligibility for pension. Members are cautioned to file any pension
requests, if applicable, prior to termination.
The Fire Chief, if recommending reinstatement, will give preferential consideration to former
employees who were terminated as a result of this policy and who were injured in the line of
duty.
27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY
A member on Restricted Duty will not utilize arrest powers nor engage in firefighter related
activity requiring the use of force, except in the defense oflife. /\. Restrioted Duty Notice will
be servioed on members assigned to this statue.
27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED LEAVE STATUS
Members who are not authorized Restricted Duty Assignments, and who m~e physically unable
to perform normal duties, are required to continually remain in an authorized leave status (i.e.,
Sick Leave, Vacation, Compensatory Time or Leave of Absence). Actual time in any
Authorized Leave status is governed by current policies and procedures in effect through the
end of this Agreement.
27.7 MANAGEMENT DISCRETION
Restricted Duty Assignments remain at the sole discretion of management and are generally
utilized on an interim basis as stated in Paragraph 2, above to supplement Administration
operations by utilizing Fire/ ALS services personnel with diminished capabilities.
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27.8 LINE OF DUTY
Members injured in the line of duty may receive preferential treatment and may be given
assignments even though they do not meet all of the requirements of Section 9.1. A member
injured in the line of duty shall be eligible to use restricted ltght duty, if available, at any time
within twelve (12) months of his on the job injury. A member shall not be entitled to use any
portion of restricted ltght duty that would extend beyond the period of twelve (12) months
from his injury. A member shall be entitled to the following benefits when injured in the line
of duty:
1. From the date of injury through the third month thereafter, any benefits available from
the worker's compensation laws of Florida, City worker's compensation insurance plus
the City supplementing those benefits to assure the member receives full pay during
the three (3) month period.
2. At the expiration of the three (3) month period, the member shall be entitled to all
benefits listed in Paragraph 1 less any salary supplement from the City plus the
member may use any accumulated leaves available to him.
3. A member may use the benefits of Paragraph 1 herein and the restricted ltght duty
benefits described herein for any six (6) month combination of same during the twelve
(12) month period following his line leave of duty injury.
4. At the expiration ofthe three- (3) month salary supplement described in Paragraph 1
herein, the City shall not make any further salary supplement.
5. In the event a member cannot return to duty at the expiration of twelve (12) months
from any line of duty injury and disability, then said member shall forfeit any right to
continued employment with the city.
A member injured in the line of duty who is assigned to a Restricted Duty Assignment
shall be eligible to stay in the Restricted Duty status no more than ninety (90) days
consecutively, ninety (90) days within a one (1) year period.
At the conclusion of ninety (90) days, the member shall go on worker's compensation
leave and said member will be entitled to use all accrued leaves he has available to
supplement his worker's compensation benefits. In no event shall a member be entitled
to more than the worker's compensation benefits available by law at the expiration of
the three- (3) month period. Thereafter, the City shall not be obligated to supplement
the member's worker's compensation benefits.
A member injured in the line of duty that is not eligible for or assigned to restricted
duty status, shall be entitled to worker's compensation benefits plus a payment
supplement from the City sufficient to equal his normal pay for period of ninety (90)
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days from the date of the injury. At the expiration of ninety (90) days, the member
shall be entitled to supplement his worker's compensation benefits with any accrued
leaves he has available. At the expiration of the accrued leave, the member shall only
be entitled to their benefits from worker's compensation with no obligation on the part
ofthe City to supplement the benefits.
6. Any member who uses their accrued leaves for leave associated with a line of duty
injury and returns to work with the City, shall have his leaves reinstated. Also, an
employee injured in the line of duty shall be eligible to use any sick leave bank days
available during the twelve (12) month period. Sick leave bank days will not be
reinstated by the City.
27.9 NON-LINE OF DUTY RESTRICTED DUTY ALLOCATION
Restricted Duty Assignment will be governed by limitation that no more than one (1) Fire/ ALS
non-line of duty personnel will be eligible for Restricted Duty at anyone time. If one (1)
person is assigned to Restricted Duty, and a member with a non-line of duty injury is disabled
as described herein, he or she will not be eligible for Restricted Duty but will be eligible to use
his accrued leaves. In the event the City directs a person to restricted light duty when the
employee medically can perform unrestricted duty, then said restricted light duty will not be
considered use of the restricted light duty position hereunder.
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ARTICLE 33
LIFE INSURANCE
33.1 Tho ourrent polioy limits regarding employee and dependant life insuranoo shall remain in
effeot for the term ofthis Agreement. The City's current policy for the provision of employee
and dependant life insurance shall continue in effect during the term of this Agreement.
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ARTICLE 38
RETIREMENT AND PENSION PLAN
38.1 The union aooepts the ohanges in the City Retirement System as authorized by the City
Commission on July 21, 2000. The City shall continue its current practice of treating the
bargaining unit employees the same as non-bargaining unit employees for the provision of
retirement and pension benefits.
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ARTICLE 39
WAGES
39.1 Effective October 1. 2002. the City will implement. in the same manner as all general City
employees. the Cody C Study for all bargaining unit employees employed as of the date of
the signing of this Agreement. Additionally. for fiscal year 2002-2003. all bargaining unit
employees employed as ofthe date ofthe signing ofthis Agreement shall be awarded merit
increases in the same manner and in accordance with the same employee evaluation system
as all general City employees. For fisoal year 2001 2002, employees shall be awarded merit
inoreases of zero peroent (0%) to a maximum of six peroent (6%) in aooordance v/ith the
City's employee evaluation system (0%, 2%, 4%, or 6%), and l,wing the salary ranges in place
as of Ootober 1, 2001. The employee evaluation system shall be fully funded. The merit
increase will be based upon the perforn1anoe ovaluations conduoted on the employee's
nr.ni versarj date. .'\flY pay inoreases after Ootober I, 2002, are subj eot to the partios agreeing
to same and if no agreement is reached, the employees' salaries will remains frozen at their
September 30, 2002 rate until a new oollootive bargaining agreement is reaohod.l Thereafter.
bargaining unit employees shall continue to be awarded merit increases in the same manner
and in accordance with the same employee evaluation system as all general City employees.
unless and until modified through the collective bargaining process.
39.2 For fiscal year 200~-200J, employees shall receive the same Christmas bonus that is afforded
to the General Employees of the City.
39.3 Effective upon the ratification of this Agreement by both parties. employees who are
Paramedic certified will receive $7.000.00 $5,500.00 per year for Paramedic incentive paid at
an hourly rate of$2.4039 $1.8887. Overtime will be paid on the hourly rate subject to FLSA
regulations. The Paramedic incentive hourly rate will not be subject to salary increases based
on the evaluation system. Paramedic incentive is available to all employees who maintain
their paramedic certification, and will function in the capacity when required.
I By agreeing to delete this language, the City does not waive its position that such language can be legally
imposed. Instead, the City, by deleting this language, agrees to defer this issue pending review and decision by the
appellate court(s). Should it be determined that such language can be legally imposed, the City reserves the right to
seek to have it included in future collective bargaining agreements.
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ARTICLE 42
DRUG FREE WORKPLACE POLICY
42.1 Bargaining unit employees shall be subject to The union agrees to aoeept drug testing
pursuant to (1) the City of Winter Springs Drug Free Workplace Policy (Section 41 of the
City of Winter Springs Policy Manual) and (2) employees may be required to take a drug test
during the annual physical examination conducted on or about each employee's anniversary
date (described in Section 6.2 of the City of Winter Springs Policy Manual). the City of
Winter Springs Drug Free Workplaoe Polioy. Ootober 1, 1996, subjeot to approval ofilia City
Attorney and .^Lttorney f-or the union.
42.2 The provisions of Sections 6 and 41 of the City of Winter Springs Policy Manual are herby
clarified as follows:
A. Application of these provisions is subject to the contract's grievance-arbitration
provision and discipline. if any. meted out must be for "just cause." The parties agree
that a provable violation ofthe City of Winter Springs Drug Free Workplace Policy
shall constitute "just cause" for discipline.
B. "Reasonable suspicion" is to be based upon specific obiective facts and must be
documented in writing.
C. Where he cost oftreatment is covered by insurance. such cost shall not be paid by the
employee.
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ARTICLE 43
MANAGEMENT RIGHTS
1. The City has the sole and exclusive right to manage and direct any and all of its
operations. Accordingly, except as specifically restricted by the provisions of this Agreement, the
City has the sole and exclusive right to:
A. Determine the purpose and organizational structure of the Fire and Emergency
Service;
B. Exercise control and discretion over the organization and efficiency of operations of
the Fire and Emergency Service;
C. Set minimum performance standards for service to be offered to the public;
D. Change, modify or alter the composition and size of the work force, including the
right to relieve employees from duties because of lack of work, funds, or other
legitimate reasons which could arise;
E. Determine the location, methods, means and personnel by which operations are to be
conducted;
F. Change, formulate, or modify duties, tasks, responsibilities or job descriptions;
G. Transfer and assign employees in operational positions within the organizational
structure ofthe Fire and Emergency Service, and, in the case oflight duty, anywhere
within the organizational structure of the City;
H. Change or modify the number, and types, and grades of positions or employees
assigned to an organization, unit, division, department, or project;
I. Decide the scope of the service;
J. Test, hire, examine, classify and/or otherwise determine the criteria and standards of
selection for employment;
K. Determine the number and types of positions as well as the number and types of
positions in each classification, grade, step or designation in any plan which is or may
be developed by the City;
L. Determine all training parameters for all City positions, including persons to be
trained and the nature, extent and frequency of training;
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M. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or
permanently, in whole or in part, whenever the sole discretion of the City good
business judgment makes such curtailment or discontinuance advisable;
N. Contract and/or subcontract any existing or future work;
O. Increase, expand, reduce, alter, combine, assign, or cease any job;
P. Control the use of equipment and property ofthe City and determine the number and
classifications of employees assigned to any shift, station or piece of equipment;
Q. Determine the maintenance procedures, materials, facilities, and equipment to be used,
and introduce new or improved services, maintenance procedures, materials, facilities
and equipment;
R. Maintain the efficiency of the operations of the Department;
S. Exercise any other management rights as set forth in Chapter 447, Florida Statutes
and/or as determined by the Public Employees Relations Commission or a Court of
competent jurisdiction
2. If the City fails to exercise anyone or more ofthe above functions from time to time,
this will not be deemed a waiver of the City's right to exercise any or all of such functions.
3. Nothing herein shall be deemed a waiverofthe Union's right, ifany, to impact bargain
under applicable law.
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The attached information pertains to Regular Agenda Item "R." on tonight's Agenda.
Thank you.
AGREEMENT
between
CITY OF WINTER SPRINGS, FLORIDA
and
WINTER SPRINGS PROFESSIONAL FIREFIGHTER'S ASSOCIATION
LOCAL 3296
10/1/02 - 9/30/03
TABLE OF CONTENTS
ARTICLE 1 ...................................................... .............................................................................1
PREAMBLE
ARTICLE 2. ..................................................... .............................................................................2
RECOGNITION
ARTICLE 3 ...................................................... ............. ................................................................3
DUES DEDUCTION
ARTICLE 4 ...................................................... ............................................................. ................4
PLEDGE AGAINST DISCRIMINATION
ARTICLE 5 ...................................................... .............................................................................5
BULLETIN BOARDS
ARTICLE 6 ...................................................... ................................................... ..........................6
RULES AND REGULATIONS
ARTICLE 7 ............................................. ......... ............................................................................. 7
PERSONNEL REDUCTION
7.1 ................. Lavoff ......................................................................................... 7
Recall ......................................................................................... 7
7.2................. Consolidation or Elimination of Jobs...................................... 7
ARTICLE 8 ................................................................................. ...................................................8
WORK RELATED INJURY LEAVE
ARTICLE 9 ....................................................................................................................................9
WORK SCHEDULE
ARTICLE 10 ....................................... .........................................................................................1 0
REDUCED ACTIVITY PERIOD
ARTICLE 11 .............................................................................................................................. ..11
SHIFT SWAPS
ARTICLE 12 .................. ........................ ......................... ........................................... ................. .12
WORKING IN OR OUT OF HIGHER CLASSIFICATION
ARTICLE 13 .... .................................................................................................... ....................... .13
UNIFORMS/EQUIPMENT
ARTICLE 14 .................... ............................................................................................................14
EDUCATION
ARTICLE 15 ...................................................................................................................... ......... .15
VACATION LEAVE
ARTICLE 16 .......................................... .................. ........................ ................... ........................ .16
SICK LEA VE
ARTICLE 17 ..... ........... ............................................................................................................. ...17
AUXILIARY SICK LEAVE
ARTICLE 18 ............................................................... .................................................................18
MILEAGE ALLOWANCE
ARTICLE 19 ................................................................................................................................19
HOLIDAYS
ARTICLE 20 ............................................................................................................................... ..20
BEREAVEMENT LEAVE
ARTICLE 21 ................................................. ....................................................... ........................21
OVERTIME
ARTICLE 22 ............................................................................................................................... .22
HEALTH BENEFITS
ARTICLE 23 ................................................................................................................................23
V ACANClES AND PROMOTIONS
ARTICLE 24 ........................................... .................................................................................... .24
GRlEVANCEPROCEDURE
Step 1 ................................................................................................................... ..24
Step 2 .. .......... ..................... ....... ................................. ...................................... .... ..24
Step 3 ................................ .............................................................. ...................... .24
ARTICLE 25 ................................................................................................................................26
DISCIPLlNE
11
ARTICLE 26 ................................................................................................................................27
CALL-BACK PAY (RECALL)
ARTICLE 27 ................... .............................. ...............................................................................28
WORKER'S COMPENSATION RESTRICTED DUTY POLICY
27.1 RESTRICTED DUTY AND LINE OF DUTY INJURY 29
27.2 APPLICATION FOR RESTRICTED DUTY 29
27.3 ADMINISTRATION 29
27.4 DURATION 30
27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY 30
27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED
LEAVE STATUS 30
27.7 MANAGEMENT DISCRETION 30
27.8 LINE OF DUTY 31
27.9 RESTRICTED DUTY ALLOCATION 32
ARTICLE 28 ......................................................................................................... ...................... .33
VOTING
ARTICLE 29 ............................................................................................................................. ...34
MILITARY LEAVE
ARTICLE 30 ........... .................................................................................................................... .35
JURYIWITNESS DUTY
ARTICLE 31 ................................................................................................................................36
SENIORITY
ARTICLE 32 ..................... ...........................................................................................................37
PERSONAL PROPERTY REPLACEMENT
ARTICLE 33 ............................................................................................................................... .38
LIFE INSURANCE
ARTICLE 34 .............................................................................................................................. ..39
ANNUAL PHYSICAL
ARTICLE 35 ............................. ............................................................................ ...................... .40
LABORndANAGEMENTCONFERENCE .
111
ARTICLE 36 ...................................................................... ................................................. ..... ....41
OUTSIDE EMPLOYMENT
ARTICLE 37 .......................................................................................................... .................... ..42
COMPENSATION UPON SEPARATION
ARTICLE 38 ......................... .............. ..... ................................................................................... .43
RETIREMENT AND PENSION PLAN
ARTICLE 39 ............................................................................................................................... .44
WAGES
ARTICLE 40 .............. ....;......... .......................................... .............. .......................... .............. ....45
SEVERABILITY CLAUSE
ARTICLE 41 ..................................................................................................................... ......... ..46
DURATION
ARTICLE 42 ................................................................................................................................47
DRUG FREE WORKPLACE POLICY
ARTICLE 43 .... ........................................... ...................................................... .......................... .48
MANAGEMENT RIGHTS
IV
ARTICLE 1
PREAMBLE
The parties of this Agreement, the City of Winter Springs, Florida, and the Winter Springs
Professional Firefighter's Association, Local 3296, affirm their mutual commitment to the goals of
high employee morale and an amiable employer-employee relationship.
The general purpose of this Agreement is to provide wages, hours, terms, and conditions of
employment for the employees covered by this Contract, and to provide an orderly procedure for the
resolution of differences.
The City of Winter Springs may hereinafter be referred to as: the City, Employer, Municipality
or Management.
The Union may hereinafter be referred to as: the Unit, the Bargaining Unit or Agent, the
employee, the bargaining unit employees. the Union, the Employee Representative, and the steward.
1
ARTICLE 2
RECOGNITION
2.1 The City of Winter Springs recognizes the Union's status by virtue of its certification by the
Florida Public Employees Relations Commission in Case No. 8H-RC-90-034, and as a
consequence thereof, the City recognizes the Union as the exclusive collective bargaining
representative of all employees in the Unit including firefighter/rescue technician (firefighter
entry level, firefighter first class, firefighter apparatus operator), and company officer
(lieutenant) excluding the fire chief, deputy fire chief, EMS coordinator, fire marshal, training
officer, shift commanders (captains), and volunteer and reserve firefighter.
2
ARTICLE 3
DUES DEDUCTION
3.1 The City agrees upon the receipt of a Union dues deduction authorization form signed by an
employee to deduct from each payroll period such dues and/or uniform assessments as the
Union may require of an employee and to remit such deduction to the Union address, Winter
Springs Professional Firefighters, P.O. Box 196700, Winter Springs, Florida 32719-6700,
within a reasonable period oftime after the date of the deduction.
3.2 The Union will initially notify the City as to the amount of dues. Such notification will be to the
City in writing over the signature of a representative of the Union. Changes in the Union
membership dues will be certified to the City in a like manner at least thirty (30) days prior to
the effective date of any change.
3.3 The City shall charge a fee of$.25 per employee per deduction to cover the cost of servicing the
deductions.
3.4 Notice of dues deductions with respect to any specific employee and notice of deduction
terminations shall not be effective until the thirtieth (30th) day subsequent to the receipt of
notice.
3
ARTICLE 4
PLEDGE AGAINST DISCRIMINATION
4.1 The provisions of this Agreement shall be applied equally to all employees in the bargaining
unit without discrimination as to age, sex, marital status, race, color, creed, national origin,
union affiliation, religious affiliation or political affiliation. The Union shall share equally with
the City the responsibility for applying this provision of the Agreement.
4.2 All reference to employees in this Agreement designates both sexes and whenever the male
gender is used it shall be construed to include male and female employees.
4.3 If, and in the event, an employee elects to seek remedy for alleged discrimination by the filing of
a lawsuit in a County, Circuit, or Federal Court, or a complaint with the Equal Employment
Opportunity Commission (EEOC), the Florida Commission on Human Relations (FCHR), or
any other outside agency, then the subject of such complaint may not also be grieved. If, and in
the event, an employee elects to initiate a lawsuit in a County, Circuit, or Federal Court, or
proceeding to EEOC, FCHR or any other outside agency, during the pendency of a grievance,
the grievance shall be summarily dismissed.
4
ARTICLE 5
BULLETIN BOARDS
5.1 The City shall allow the placement of a bulletin board in an easily accessible agreed upon
location in each Fire Station. Union notices relating to the following matters may be posted
without the necessity of receiving the Fire Chiefs prior approval:
5.l.A. Union recreation and social affairs;
5.l.B. Notice of Union meetings;
5.1.C. Union appointments;
5.1.D. Notice of Union elections;
5.1.E. Results of Union elections;
5.1.F. Reports of nonpolitical standing committees and independent nonpolitical arms of the
Union;
5.1.G. Nonpolitical publications, rulings or policies of the Union; and,
5.1.H. Minutes of Union Meetings.
5.2 All notices of any kind, except those cited in Section 5.1, must receive prior approval of the
Fire Chief, or his designee.
5.3 Bulletin boards must not exceed 36" x 36" at each Fire Station.
5.4 Neither the Union nor employees shall post any material that is political in nature or critical /
derogatory of the City, its officials, agents or employees.
5
ARTICLE 6
RULES AND REGULATIONS
6.1 Rules and Regulations for the purpose of this Agreement shall be defined as and include:
Winter Springs Fire Department Rules and Regulations, General Orders, Special Orders,
Winter Springs Personnel Policies and Procedures, and Technical and Procedural Information
Recording systems, Directives or any memorandum or other document affecting terms or
conditions of employment.
6.2 The Union agrees that its members shall comply with all Fire Department Rules and
Regulations, including those related to conduct and work performance. No disciplinary action
will be taken for violation of a posted Rule or Regulation until the employee has completed
one duty shift after posting.
6.3 If in the sole discretion of the Mayor or City Manager, or in their absence the City official so
designated by law to act in their absence, it is officially declared that civil emergency
conditions exist, including but not limited to, riots, civil disorders, and hurricane conditions,
the provisions ofthis Agreement may be suspended by the Mayor or City Manager during the
time of the declared emergency, provided that wage rates, and monetary benefits shall not be
suspended. This provision is subject to grievance and arbitration procedures.
6
ARTICLE 7
PERSONNEL REDUCTION
7.1 Lavoff
a. In the event of a layoff for any reason, employees shall be laid off in the inverse order
of their seniority. Any employee who is to be laid offwho had advanced to his present
classification from a lower classification in which he held a permanent appointment,
shall be given the opportunity to displace a less senior employee in the lower clas-
sification in the same department. An employee may not "down bump" another
employee unless he has performed the lower level classification job on a regular basis
as evidenced by his personnel records.
b. Employees who return to a job classification from layoff status shall receive a rate of
pay based upon his former rate plus applicable longevity.
c. A laid off employee shall be given preference with respect to any employment vacancy
existing at the time oflayoff or for a period of twelve (12) months thereafter; subject to
the employee's ability to perform duties of the vacancy sought.
Recall
a. Employees in layoff status will retain recall rights for twelve (12) months and will
have preference to work over applicants on eligibility lists. Recall will be made by
certified mail to the last address in tl1e employee's record, along with any address on
file with the Union. The employee must, within seven (7) business days ofthe certified
date, signify his intention of returning to work, subject to the ability to pass the
physical agility test.
b. An employee, when offered recall, who is tempor~ly unable to accept due to personal
or medical reasons after notifying the City of his intentions of returning, will be
granted thirty (30) days leave of absence without pay, but without loss of seniority
rights, to return to employment.
c. When employees are recalled from layoff, the employees with the greatest department
seniority shall be recalled in order of their seniority.
7.2 Consolidation or Elimination of Jobs
Employees displaced by the elimination of jobs through job consolidation (combining the
duties of two (2) or more jobs, the installation of new equipment or machinery, the
development of new facilities or for any other reason) will be reassigned to another position or
a vacancy in equal pay status in accordance with the seniority principle, subject to the
employee's ability to perform duties of any position sought.
7
ARTICLE 8
WORK RELATED INJURY LEAVE
8.1 It shall be the policy ofthe City of Winter Springs to provide benefits to any permanent full-
time or part-time employee who is injured, disabled or has a physical condition resulting from
an accident or injury arising out of, and in the course of performing their official duties, in
accordance with Florida law.
8.2 If, upon expiration of twelve (12) calendar months, the employee does not return to work, the
employee shall forfeit his right to be employed by the City.
8
ARTICLE 9
WORK SCHEDULE
9.1 The hours of work for the bargaining unit members shall be in effect for the department as of
October 1, 1991, as per current policy.
9
ARTICLE 10
REDUCED ACTIVITY PERIOD
10.1 The use of beds will be permitted as determined by the Battalion Chief Shift Commander
and/or his designee.
10
ARTICLE 11
SHIFT SWAPS
11.1 Shift employees may voluntarily swap a shift for personal reasons with another employee
subject to their Battalion Chiefs Shift Commander's written approval, and administrative
approval, provided there is no conflict with a pre-planned departmental activity.
11.2 The appropriate form (Shift Swap) shall be completed in full, signed by each employee and
their respective supervisor.
11.3 In no case shall a shift swap be made for a period ofless than one (1) hour.
11.4 Employees must shift swap with employees of the same job classification.
11.5 The completed Shift Swap form must be submitted for the second Battalion Chiefs shift
commander's approval at least twenty-four (24) hours in advance.
11.6 Shift swaps shall be paid back within thirty (30) calendar days.
11. 7 The appropriate form must be completed for each shift swap occurrence.
11.8 Shift swaps may be used in lieu of, in conjunction with, immediately prior to, or immediately
following vacation time, by either party.
11.9 Shift swaps shall not be granted in order that either party shall receive benefit due to approved
holidays or other conditions that would otherwise be financially advantageous to either party.
11
ARTICLE 12
WORKING IN OR OUT OF HIGHER CLASSIFICATION
12.1 A firefighter temporarily serving in a position out of their classification assigned by the Fire
Chief or his designee, shall be compensated at the rate of 1.2 hours of extra straight time pay
ten dollars ($10.00) per 24-hour shift beginning with the first shift serving out em: of
classification.
12.2 No firefighter shall be entitled to a higher rate of pay as a result of assuming a position of a
higher classification due to a shift swap; however. an employee who reports to work a shift as
part of a shift swap and who. upon reporting or during the shift. is assi~ned to work out of
classification during that shift shall be eligible for the additional compensation in paragraph 1
above.
12
ARTICLE 13
UNIFORMS/EQUIPMENT
13.1 All uniforms, equipment, and insignia which employees are required to wear in the
performance oftheir work shall be furnished on an as needed basis by the City without cost to)
the employee upon inspection by the Uniform officer.
13.2 The specific "uniform" items to, be furnished by the City shall consist of the following:
13.2.1
13.2.2
13.2.3
13.2.4
13.2.5
13.2.6
13.2.7
~ ; - Trousers
3 - Dress Shirts (2 short sleeve and 1 long sleeve)
1 - Jacket with removable liner
1 - Pair standard color uniform shoe or boot
(Redwing brand and style of shoe/boot as approved by the Fire Chief,
or his designee; not to exceed the established dollar limit and limited to
replacement every 2 years)
1 - Uniform Belt
1 - Name tag with "Serving Since" plate
(officers only: 1 - set collar brass)
1 - Badge
13.3 The specific "equipment" items to be furnished by the City shall consist of the following:
13.3.1
13.3.2
13.3.3
13.3.4
13.3.5
13.3.6
13.3.7
13.3.8
1 - Pair of protective Bunker pants with suspenders
1 - Protective Bunker coat
1 - Protective Helmet with eye shields
1 - Protective Bunker boots and 2 pairs of gloves (1 structural firefighting
gloves and 1 extrication tuff coat style gloves)
1 - Protective nomex hood
1 - Personal Protection Equipment (PPE) Bag containing the following items:
pocket resuscitator mask, gown. safety glasses. exam gloves. and N95
particulate mask must be immediately available to carried \vith the individual
at all times.
1 - Identification card
1 - SCBA Mask
13.4 The City will assure that sufficient numbers of safety glasses and ear protection are on
apparatus.
13
ARTICLE 14
EDUCATION
14.1 Effeotive Ootober 1,2001, The City shall reimburse employees upon completion for college
credit and technical classes. The reimbursement shall equal 100% for a "e" or above letter
grade and reimbursement of up to $100.00 per class for books. Reimbursement for college
and technical classes is limited to State Institutions, e.g. Seminole Community College,
University of Central Florida, etc. and approved programs for technical studies.
Reimbursement is also limited to course work in Fire Science, or Emergency Medical Services
subjects. Prior to entering a program of study the employees must submit an application for
tuition assistance and obtain the necessary approvals from supervisors.
14.2 Probationary employees are not eligible for tuition assistance. except for approved paramedic
and/or engineer classes.
14.3 Employees must reimburse the City 100% of tuition and book funds they have received from
the City for the past one-year period at termination of employment.
14.4 Employees receiving Grants, Scholarships, and assistance for tuition are only permitted to
receive the amount that would equall 00% for reimbursement.
14.5 It is agreed that ajoint labor-management team would specify and agree on classes included
for financial re-imbursement.
14
ARTICLE 15
VACATION LEAVE
15.1 The current policies and procedures regarding annual leave (vacation) shall remain in effect for
the term of this Agreement.
15.2 Vacation may be taken in increments of not less than one full twenty-four (24) hour shift,
unless approved by the Fire Chief.
15
ARTICLE 16
SICK LEAVE
16.1 The employees in the bargaining unit shall be entitled to sick leave in accordance with the
City's current sick leave policy.
16
ARTICLE 17
AUXILIARY SICK LEAVE
17.1 The City of Winter Springs has an emergency sick leave policy whereby employees can donate
their accrued leave time to another employee in the event of a catastrophic illness subject to
approval by management. The employee applying for emergency sick leave must have used all
of their accrued time first. Employees may donate their accrued leave time on a voluntary
basis.
17
ARTICLE 18
MILEAGE ALLOWANCE
18.1 Employees required to use their private automobiles for Fire Department business or as a
necessity in changing stations more than one time during the same shift shall be compensated
in accordance with the City's schedule for mileage reimbursement. Nothing herein shall entitle
the employee to reimbursement for mileage coming to and from home to work or changing
stations once during their shift.
18
ARTICLE 19
HOLIDAYS
19.1 The current Holiday policy shall remain in effect for the term of the Agreement.
19
ARTICLE 20
BEREAVEMENT LEAVE
20.1 The City's current bereavement leave policy shall remain in effect for the term of this
Agreement.
20.2 Immediate Family shall be defined for this contract as: the employee's spouse. parent. child. or
sibling; spouse's parent. child. or sibling; the employee's child's spouse; grandparents or
grandchildren. spouse, mother, father, son, daughter, sister, brother, mother in law, father in
law, step parents, step brother, and step sister.
20
ARTICLE 21
OVERTIME
21.1 Overtime hours and overtime compensation shall be defined and implemented as prescribed by
the Fair Labor Standards Act and the United States Department of Labor regulations.
21.2 The City's current overtime policy shall remain in effect for the term of this Agreement.
21
ARTICLE 22
HEALTH BENEFITS
22.1 The City's current practice (i.e.. treating the bargaining unit employees the same as non-
bargaining unit employees) peliey for the provision of payment of premiums for health
benefits and payment of premiums shall continue in effect during the term of this Agreement.
22
ARTICLE 23
VACANCIES AND PROMOTIONS
23.1 The current promotion policy shall remain in effect for the term of this Agreement.
23
ARTICLE 24
GRIEVANCE PROCEDURE
24.1 A grievance shall be defined as any difference, dispute, or complaint regarding the
interpretation or application of the terms of this Agreement. Every effort shall be made to
adjust controversies and disagreements in an amicable manner between the City, the Union, or
any aggrieved employee.
24.2 Should any grievance arise other than one resulting from discipline or discharge, there shall be
an earnest effort by the parties or aggrieved employee to settle such grievance promptly
through the following steps:
Step 1 - The aggrieved employee or the Union shall present, in writing, the grievance to the
aggrieved employee's Battalion Chief Captain within ten (10) working days ofthe occurrence
of the alleged grievance. The Battalion Chief Captain shall obtain the facts concerning the
grievance and shall, within ten (10) working days following receipt of the grievance, deliver to
the grievant, and the Union, his written response to the grievance.
Step 2 - If the grievance is unresolved at Step 1, then the aggrieved employee or the Union
may submit the grievance, in writing, along with the response in Step 1, to the Chief of the
Fire Department. The Chief shall meet with the aggrieved employee and a representative of the
Union to discuss the grievance within ten (10) working days following delivery of the
grievance to the Fire Chief. The Fire Chief shall deliver to the aggrieved employee and the
Union his decision, in writing, not later than ten (10) working days following the meeting.
Step 3 - In the event that the grievance is still unresolved, the matter may be submitted to
arbitration as provided herein.
Within fifteen (15) working days ofthe date ofthe decision of the Fire Chief, the Union or the
employee shall notify the Fire Chief of its intent to arbitrate. The employee or the Union shall
request, from the Federal Mediation and Conciliation Service, a list of seven (7) names of
qualified arbitrators. Within (10) working days after receipt of such a list, representatives of
the City and the employee or the Union shall meet and each party shall strike three (3) names
from the list. Upon the selection of an arbitrator, the employee or the union shall advise the
selected arbitrator of his selection. As promptly as can be arranged, the arbitration hearing
shall be held. The decision ofthe arbitrator shall be advisory to the City, the employee and the
Union.
24.3 The cost of the arbitrator shall be split evenly between both parties to the arbitration. The
parties shall be responsible for the cost of their own witnesses and the cost of any transcript
requested by them. Copies of the decision of the arbitrator shall be furnished to the City, the
Union and the aggrieved employee within thirty (30) days from the close ofthe hearing.
24
24.4 The arbitrator shall have no power to alter, add to, or subtract from the terms of this
Agreement.
24.5 Grievances involving or affecting more than one (1) member of the bargaining unit may be
filed collectively by the Union and shall be filed directly with the Fire Chief.
24.6 For the purpose ofthis Article, the term "working days" shall be interpreted to mean Monday
through Friday. Saturdays, Sundays and days designated'as holidays are excluded.
25
ARTICLE 25
DISCIPLINE
25.1 No employee shall be demoted, suspended, dismissed, or otherwise disciplined without just
cause. The City shall furnish the employee to be disciplined a written statement specifying in
detail the reasons for the discipline at the time the notice of discipline is given to the employee.
25.2 The City agrees to comply with Chapter 112, IV and Vill, Florida Statutes (1989).
25.3 In the event an employee is disciplined by either a demotion in rank, discharge, or loss of pay,
he may request arbitration by a Complaint Review Board pursuant to Chapter 112, Part IV,
Florida Statutes (1989). The bargaining unit member so disciplined shall not be entitled to use
the grievance procedure of Article 24. Any discipline involving anything other than a loss of
pay, discharge or demotion shall be non-grievable, to arbitration or a Chapter 112 Board,
however, a bargaining unit member may grieve said discipline to the Fire Chief whose
decision shall be final and binding.
Prior to requesting a Complaint Review Board, the employee shall grieve the discipline, within
ten (10) working days of notice of same, to the Fire Chief. The Fire Chief shall give a written
response to the grievance within ten (10) working days of receipt of same. In the event that the
Fire Chief does not resolve the grievance to the employee's satisfaction, the employee shall
have the right to demand a Complaint Review Board. The employee must request the
Complaint Review Board, in writing, within fifteen (15) working days of the Fire Chiefs
written response to the employee. The employee shall be entitled to representation during the
grievance process and the Complaint Review Board process at the employee's cost.
The employee shall have the right to subpoena witnesses and documents to the Complaint
Review Board process. The employee or his representative shall have full right of direct and
cross-examination and opening and closing statements at the Complaint Review Board
proceedings.
25.4 The date, time and place for the Complaint Review Board hearing shall be established and said
hearing shall be commenced within thirty (30) working days of the date of selection of the
third member of the Complaint Review Board.
The award of the Complaint Review Board shall be in writing and made within fifteen (15)
working days of the close ofthe hearing. The award of the Complaint Review Board shall be
final and binding on the City, the Union, and the aggrieved employee.
25.5 For the purpose ofthis Article, the term "working days" shall be interpreted to mean Monday
through Friday. Saturdays, Sundays and days designated as holidays are excluded.
26
ARTICLE 26
CALL-BACK PAY (RECALL)
26.1 Any employee who is required to work after leaving his or her regular shift shall be
compensated at the appropriate rate of pay for a minimum of four (4) one (1) hour~. The recall
of employees shall be voluntary.
27
ARTICLE 27
WINTER SPRINGS FIRE DEPARTMENT
WORKER'S COMPENSATION RESTRICTED DUTY POLICY
POLICY
PROCEDURES
27.1 REQUIREMENTS FOR RESTRICTED DUTY
27.2 APPLICATION FOR RESTRICTED DUTY
27.3 ADMINISTRATION
27.4 DURATION
27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY
27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED LEAVE STATUS
27.7 FAILURE TO REMAIN IN AUTHORIZED LEAVE STATUS
27.8 MANAGEMENT DISCRETION
27.9 LINE OF DUTY INJURIES
POLICY
Members ofthe Winter Springs Fire Department with diminished physical capabilities as a result of
physical disability and/or injury/or illness on the job may be assigned to Restricted Duty in accordance
with the provisions of this General Order. The primary priority for such assignments shall be the
augmentation of Administrative services. Physical disability and/or injury/or illness in non-line of
duty are covered in Section 27.9 of this policy.
28
PROCEDURES
27.1 RESTRICTED DUTY AND LINE OF DUTY INJURY
To qualify for a Restricted Duty Assignment, members must be certified, by licensed
physician, to have physical or mental capabilities diminished to the extent the member can no
longer perform tasks required in the full application of firefighter powers. Additionally,
members must be capable of performing all the following:
(A) performs non-hazardous duties;
(B) write fire reports;
(C) work rotating shifts; and,
(D) work eight (8) hours per day, forty (40) hours per week.
A member unable to meet these requirements is not eligible for a Restricted Duty Assignment.
27.2 APPLICATION FOR RESTRICTED DUTY
A qualified member may apply for Restricted Duty by submitting a completed "Restricted
Duty LA...pplioation Form" through the Chain of Command. The Physician's Statements aad
Chain of Command endorsement(s) must be completed prior to the f<>rm being submitted to
the Fire Chief. LA... member ofthe unit may appeal a denial ofthe request to the City Manager
who ......ill be the final authority. The decision ofthe City Manager shall be non grievable. The
Fire Chief will be the ffist authority in deciding to approve a request for Restricted Duty.
27.3 ADMINISTRATION
The Fire Chief will determine the location and work hours of any Restricted Duty
Assignment(s).
Members may continue their primary assignment iftheir job description tasks are not
affected (e.g., a member normally assigned to Administrative Duties could continue
that assignment after knee surgery.)
Members given Restricted Duty Assignments outside their primary assignment will
report through the Battalion Chief Captain or Deputy Chief, who will submit weekly
status reports to the Fire Chief as the prognosis of any Restricted Duty member.
Restricted Duty Assignments will include, but are limited to non-hazardous firefighter
duties.
29
27.4 DURATION
A Restricted Duty Assignment shall be limited to a maximum of three (3) consecutive months.
Any member in any combination of the below listed status for twelve (12) continuous months
or twelve (12) months out of any eighteen (18) month period will be required to return to full
duty or forfeit his or her right to continued employment.
Restricted Duty
Sick Leave
Leave of Absence (paid or unpaid) due to disability, illness or injury.
Those members unable to return to full, unrestricted duty will be terminated from employment.
Such employment termination shall be non-disciplinary and have no bearing upon decisions
concerning the member's eligibility for pension. Members are cautioned to file any pension
requests, if applicable, prior to termination.
The Fire Chief, if recommending reinstatement, will give preferential consideration to former
employees who were terminated as a result ofthis policy and who were injured in the line of
duty. I
27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY
A member on Restricted Duty will not utilize arrest po'.vers nor engage in fuefighter related
activity requiring the use of force, except in the defense oflife. ,A~ Restrioted Duty Notice '",ill
be serviced on members assigned to this statue.
27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED LEAVE STATUS
Members who are not authorized Restricted Duty Assignments, and who are physically unable
to perform normal duties, are required to continually remain in an authorized leave status (i.e.,
Sick Leave, Vacation, Compensatory Time or Leave of Absence). Actual time in any
Authorized Leave status is governed by current policies and procedures in effect through the
end of this Agreement.
27.7 MANAGEMENT DISCRETION
Restricted Duty Assignments remain at the sole discretion of management and are generally
utilized on an interim basis as stated in Paragraph 2, above to supplement Administration
operations by utilizing Fire/ ALS services personnel with diminished capabilities.
30
27.8 LINE OF DUTY
Members injured in the line of duty may receive preferential treatment and may be given
assignments even though they do not meet all of the requirements of Section 9.1. A member
injured in the line of duty shall be eligible to use restricted light duty, if available, at any time
within twelve (12) months of his on the job injury. A member shall not be entitled to use any
portion of restricted light duty that would extend beyond the period of twelve (12) months
from his injury. A member shall be entitled to the following benefits when injured in the line
of duty:
1. From the date of injury through the third month thereafter, any benefits available from
the worker's compensation laws of Florida, City worker's compensation insurance plus
the City supplementing those benefits to assure the member receives full pay during
the three (3) month period.
2. At the expiration of the three (3) month period, the member shall be entitled to all
benefits listed in Paragraph 1 less any salary supplement from the City plus the
member may use any accumulated leaves available to him.
3. A member may use the benefits of Paragraph 1 herein and the restricted light duty
benefits described herein for any six (6) month combination of same during the twelve
(12) month period following his line lefwe of duty injury.
4. At the expiration of the three- (3) month salary supplement described in Paragraph 1
herein, the City shall not make any further salary supplement.
5. In the event a member cannot return to duty at the expiration of twelve (12) months
from any line of duty injury and disability, then said member shall forfeit any right to
continued employment with the city.
A member injured in the line of duty who is assigned to a Restricted Duty Assignment
shall be eligible to stay in the Restricted Duty status no more than ninety (90) days
consecutively, ninety (90) days within a one (1) year period.
At the conclusion of ninety (90) days, the member shall go on worker's compensation
leave and said member will be entitled to use all accrued leaves he has available to
supplement his worker's compensation benefits. In no event shall a member be entitled
to more than the worker's compensation benefits available by law at the expiration of
the three- (3) month period. Thereafter, the City shall not be obligated to supplement
the member's worker's compensation benefits.
A member injured in the line of duty that is not eligible for or assigned to restricted
duty status, shall be entitled to worker's compensation benefits plus a payment
supplement from the City sufficient to equal his normal pay for period of ninety (90)
31
days from the date of the injury. At the expiration of ninety (90) days, the member
shall be entitled to supplement his worker's compensation benefits with any accrued
leaves he has available. At the expiration ofthe accrued leave, the member shall only
be entitled to their benefits from worker's compensation with no obligation on the part
of the City to supplement the benefits.
6. Any member who uses their accrued leaves for leave associated with a line of duty
injury and returns to work with the City, shall have his leaves reinstated. Also, an
employee injured in the line of duty shall be eligible to use any sick leave bank days
available during the twelve (12) month period. Sick leave bank days will not be
reinstated by the City.
27.9 NON-LINE OF DUTY RESTRICTED DUTY ALLOCATION
Restricted Duty Assignment will be governed by limitation that no more than one (1) Fire/ ALS
non-line of duty personnel will be eligible for Restricted Duty at anyone time. If one (1)
person is assigned to Restricted Duty, and a member with a non-line of duty injury is disabled
as described herein, he or she will not be eligible for Restricted Duty but will be eligible to use
his accrued leaves. In the event the City directs a person to restricted ltght duty when the
employee medically can perform unrestricted duty, then said restricted ltght duty will not be
considered use ofthe restricted ltght duty position hereunder.
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ARTICLE 28
VOTING
28.1 During a primary, special or general election, an employee who is registered to vote and who is
on duty on election day shall be given time off without pay to vote in accordance with current
departmental policy. Arrangements shall be made with the Fire Chief at least 24 hours in
advance.
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ARTICLE 29
MILITARY LEAVE
29.1 The current Military Leave policy shall remain in effect for the term of this Agreement.
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ARTICLE 30
JURYIWITNESS DUTY
30.1 Employees required to be available for jury selection or service shall be granted the necessary
time off from scheduled duty with pay upon presentation to the superior officer of satisfactory
evidence relating to such duty. An employee serving on such duty shall report to his assigned
work location upon being completely released from jury duty if at leas.t one (1) hour of his
work shift is still in effect.
30.2 An employee who is subpoenaed as a prospective juror or as a witness shall be granted leave
with pay. Fees paid by the court shall be retained by the City.
30.3 In no case shall leave with pay be granted for court attendance when an employee is the
defendant or is engaged in personal litigation, unless such actions are a result of any act
performed as a part of his official duties as an employee of the City.
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ARTICLE 31
SENIORITY
31.1 Seniority, for the purpose ofthis contract, is defined as length of continuous, uninterrupted
service in the Winter' Springs Fire Department. When the length of continuous service is the
same for two or more firefighters, then the firefighter who is older in age shall have seniority.
31.2 Seniority will continue to accrue during all types of leave except for leave without payor
suspension without pay for thirty (30) or more consecutive calendar days which shall cause the
seniority date to be adjusted for the equivalent amount oftime, except where the seniority is
granted specifically in this agreement.
31.3 Seniority shall be used for the purpose oflayoff, recall, vacation scheduling (rank seniority)
and as may be otherwise applicable under this contract.
31.4 In the event of layoff for any reason, employees shall be laid-off in the reverse order of their
seniority and shall be given a thirty (30) day advance notice of the layoff. Any employee who
is to be laid-off, who has advanced to his present classification in which he held a permanent
position, shall be given the opportunity to displace a less senior employee in a lower
classification. A copy of any notice of any layoff shall be mailed to the Union. Any hiring of
promotions within the bargaining unit, during any period oftime, shall utilize employees laid-
off or employees demoted to avoid being laid-off in the reverse order of the employees layoff
or demotion.
31.5 A laid-off employee shall be recalled to duty by certified mail and, ifpossible, by telephone at
least ten (10) days prior to the date he is required to report for duty. A copy of any such
written notice shall be mailed to the Union.
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ARTICLE 32
PERSONAL PROPERTY REPLACEMENT
32.1 The City agrees to reimburse the full cost for eye glasses and contact lenses not exceeding One
Hundred Dollars ($100.00), and up to Twenty-Five Dollars ($25.00) for wrist watches
damaged in the line of duty, provided adequate proof of such damage, the circumstances of the
event, and proof of original purchase price are presented to the Fire Chief and Union
Representative.
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ARTICLE 33
LIFE INSURANCE
33.1 The ourrent polioy limits regarding employee and dependant life insuranee shall remain in
effeot for the term of this Agreement. The City's current policy for the provision of emoloyee and
dependant life insurance shall continue in effect during the term of this Agreement.
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ARTICLE 34
ANNUAL PHYSICAL
34.1 The current policies and procedures shall remain in effect for the term of this Agreement.
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ARTICLE 35
LABO~AGEMENTCONFERENCE
35.1 In the interest of effective communications either party may at any time request a
Labor/Management Conference.
35.2 Such request shall be made in writing and be presented to the other party seven (7) calendar
days in advance of the request meeting date.
35.3 The written request shall include an agenda of items the party wishes to discuss and the names
ofthose representatives who will be attending.
35.4 A Labor/Management Conference shall be scheduled within seven (7) calendar days of the
date requested if both parties agree a conference is necessary. Management will not
unreasonably deny a request for a Labor/Management Meeting.
35.5 The purpose of such meeting shall be limited to:
35.5.1
Discuss the administration of this Agreement.
35.5.2
Notify the Union of changes made by the City affecting bargaining unit
employees.
35.5.3
Discuss area of discontent, dissatisfaction, compliance, problem, concern,
issue, or misunderstanding held by either party whenever valid or not, when
such discussions are mutually agreed to by the parties.
35.5.4
Disseminate general information of interest to the parties.
35.5.5
Give the Union Representative the opportunity to share the view of the
collective bargaining members and/or make suggestions on the subjects of
interest to their member.
35.5.6
Consider and discuss health and safety matters relating employees.
There shall be no more than three (3) City employee representatives for each party in attendance at the
Labor/Management Conference and no more than one (1) non-employee representative for each party.
40
ARTICLE 36
OUTSIDE EMPLOYMENT
36.1 The current policies and procedures regarding outside employment shall remain in effect for
the term of this Agreement.
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ARTICLE 37
COMPENSATION UPON SEPARATION
37.1 Compensation representing an employee is unused and earned vacation, earned but unpaid
overtime pay and earned but unpaid holiday pay shall be paid to an employee whose
employment is severed for any reason, other than an employee who has stolen public funds.
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ARTICLE 38
RETIREMENT AND PENSION PLAN
38.1 The union accepts the changes in the City Retirement System as authorized by the City
Commission on July 24, 2000. The City shall continue its current practice of treating the
bargaining unit employees the same as non-bargaining unit employees for the provision of
retirement and pension benefits.
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ARTICLE 39
WAGES
39.1 Effective October 1. 2002. the City will implement. in the same manner as all general City
employees. the Cody C Study for all bargaining unit employees employed as ofthe date ofthe
signing of this Agreement. Additionally. for fiscal year 2002-2003. all bargaining unit
employees employed as of the date of the signing of this Agreement shall be awarded merit
increases in the same manner and in accordance with the same employee evaluation system as
all general City employees. For fisoal year 2001 2002, employees shall be awarded merit
inoreases of zero peroent (0%) to a maximum of six peroent (6%) in aooordanoe with the City's
employee evaluation system (0%, 2%, 4%, or 6%), and using the salary ranges in plaoe as of
Ootober 1,2001. The employee evaluation system shall be fully funded. The merit inorease
will be based upon the performanoe evaluations oonduoted on the employee's anniversary date.
.^illy pay inoreases after Ootober 1,2002, are subjeet to the purties agreoing to same and ifno
agreement is reaohed, the employees' salaries will remains frozen at their September 30,2002
rate until a no'." oolleoti';e bargaining agreement is reaohod.l Thereafter.. bargaining unit
employees shall continue to be awarded merit increases in the same manner and in accordance
with the same employee evaluation system as all general City employees. unless and until
modified through the collective bargaining process.
39.2 For fiscal year 2002-200J, employees shall receive the same Christmas bonus that is afforded
to the General Employees of the City.
39.3 Effective upon the ratification of this Agreement by both parties. employees who are
Paramedic certified will receive $7.000.00 $5,500.00 per year for Paramedic incentive paid at
an hourly rate of $2.4039 $1.8887. Overtime will be paid on the hourly rate subject to FLSA
regulations. The Paramedic incentive hourly rate will not be subject to salary increases based
on the evaluation system. Paramedic incentive is available to all employees who maintain their
paramedic certification, and will function in the capacity when required.
1 By agreeing to delete this language, the City does not waive its position that such language can be legally
imposed. Instead, the City, by deleting this language, agrees to defer this issue pending review and decision by the
appellate court(s). Should it be determined that such language can be legally imposed, the City reserves the right to
seek to have it included in future collective bargaining agreements.
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ARTICLE 40
SEVERABILITY CLAUSE
40.1 If any provision of this Agreement, or application of such provision, should be rendered or
declared invalid by any court action or by reason of any existing or subsequently enacted
legislation, the remaining parts or portions of this Agreement shall remain in full force and
effect. In the event this occurs, the parties will sit as soon as possible to negotiate a
replacement Article.
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ARTICLE 41
DURATION
This Agreement shall be effective on October 1, 2001, and shall thereafter continue in full force and
effect until September 30, 2002. It shall automatically be renewed from year to year thereafter, unless
either party shall have notified the other that it desires to modify the Agreement. The notice to modify
must be in writing and sent to the other party by registered or certified mail at least one hundred
twenty (120) days prior to the anniversary date. Furthermore, the notice to modify must include the
title of each Article the party wishes to add, alter, or amend. All other Articles will be placed in the
new Agreement. Negotiation will begin no later than one hundred (100) days prior to the anniversary
date. .
The City and Union agree to re-open negotiations on any changes to the City personnel policies which
delete or reduce existing benefits.
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ARTICLE 42
DRUG FREE WORKPLACE POLICY
42.1 Bargaining unit employees shall be subject to The union agrees to aooept drug testing
pursuant to (1) the City of Winter Springs Drug Free Workplace Policy (Section 41 ofthe
City of Winter Springs Policy Manual) and (2) employees may be required to take a drug test
during the annual physical examination conducted on or about each employee's anniversary
date (described in Section 6.2 of the City of Winter Springs Policy Manual). the City of
'Ninter Springs Drug Free Workplaoe Polioy. Ootober 1,1996, subjeot to approval of the City
Attorney and Attorney f-or the union.
42.2 The provisions of Sections 6 and 41 ofthe City of Winter Springs Policy Manual are herby
clarified as follows:
A. Application of these provisions is subject to the contract's grievance-arbitration
provision and discipline. if any. meted out must be for "just cause." The parties agree
that a provable violation of the City of Winter Springs Drug Free Workplace Policy
shall constitute "just cause" for discipline.
B. "Reasonable suspicion" is to be based upon specific objective facts and must be
documented in writing.
C. Where the cost of treatment is covered by insurance. such cost shall not be paid by
the employee.
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ARTICLE 43
MANAGEMENT RIGHTS
43.1 The City has the sole and exclusive right to manage and direct any and all of its
operations. Accordingly, except as specifically restricted by the provisions of this Agreement, the
City has the sole and exclusive right to:
A. Determine the purpose and organizational structure of the Fire and Emergency
Service;
B. Exercise control and discretion over the organization and efficiency of operations of
the Fire and Emergency Service;
C. Set minimum performance standards for service to be offered to the public;
D. Change, modify or alter the composition and size of the work force, including the
right to relieve employees from duties because of lack of work, funds, or other
management legitimate reasons which could arise;
E. Determine the location, methods, means and personnel by which operations are to be
conducted;
F. Change, formulate, or modify duties, tasks, responsibilities or job descriptions;
G. Transfer and assign schedule employees in operational positions within the
organizational structure ofthe Fire and Emergency Service, and, in the case oflight
duty, anywhere within the organizational structure of the City;
H. Change or modify the number, and types, and grades of positions or employees
assigned to an organization, unit, division, department, or project;
I. Decide the scope ofthe service;
J. Test, hire, examine, classify and/or otherwise determine the criteria and standards of
selection for employment;
K. Determine the number and types of positions as well as the number and types of
positions in each classification, grade, step or designation in any plan which is or may
be developed by the City;
L. Determine all training parameters for all City positions, including persons to be
trained and the nature, extent and frequency. of training;
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M. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or
permanently, in whole or in part, whenever the sole discretion of the City good
business judgment makes such curtailment or discontinuance advisable;
N. Contract and/or subcontract any existing or future work;
O. Inrease, expand, reduce, alter, combine, assign, or cease any job;
P. Control the use of equipment and property of the City and determine the number and
classifications of employees assigned to any shift, station or piece of equipment;
Q. Determine the maintenance procedures, materials, facilities, and equipment to be used,
and introduce new or improved services, maintenance procedures, materials, facilities
and equipment;
R. Maintain the efficiency of the operations of the Department;
S. Exercise any other management rights as set forth in Chapter 447, Florida Statutes
and/or as determined by the Public Employees Relations Commission or a Court of
competent jurisdiction
43.2 If the City fails to exercise anyone or more of the above functions from time to time,
this will not be deemed a waiver of the City's right to exercise any or all of such functions.
43.3 Nothing herein shall be deemed a waiver ofthe Union's right, if any, to impact bargain
under applicable law.
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EXECUTED, this
EXECUTED, this
day of
day of
, A.D., 2003
CITY OF WINTER SPRINGS, FLORIDA
By:
City Manager
, A.D., 2003
THE UNION
By:
President
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