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HomeMy WebLinkAboutWinter Springs Professional Fire Fighters Association 96-97 (. . ; .'~ . _, / , 1 ). <of . -t. . AGREEMENT between CITY OF WINTER SPRINGS, FLORIDA and WINTER SPRINGS PROFESSIONAL FIREFIGHTER'S ASSOCIATION LOCAL 3296 10/1196 - 9130/97 Final Agr. . 3/97 I C " " 1 ,..t ! , , 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 . . . . . . . . Layoff . . . . . . . . . . . .. . . . . . . . . . . , . . , , , . . . . . . . . . . , . . . 7 , . . . . . . , . Recall .....,......".........................,.. 7 7.2 . . . . . . . . Consolidation or Elimination of Jobs ................. 7 ARTICLE 8 . . . . . . . . , , . . . . . . , , . . . , , . , . , . , , . . . . . . , . . . . . . . . . . . . . . . . . . . . , . , . , , 9 WORK RELATED INJURY LEA VB ARTICLE 9 . . . , . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 WORK SCHEDULE ARTICLE 10 . , . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . , . . . . . . , . . . . . . . . . . . . . . , , . II REDUCED ACTIVITY PERIOD ARTICLE 11 , , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . , , . . . . . . . . , . . . . . . . . . . . , . , . , . . . 12 SHIFT SWAPS ARTICLE 12 , . . . . . . . . . , . , , , . , . . . , . . . . . . . . . . . . . , . , . , . . . . . . . . , . . . . . . . . . . . . . 13 WORKING IN OR OUT OF HIGHER CLASSIFICATION Final Agr. . 3/97 { \ l\ I ~ J ' ,. , ARTICLE 13 . . . . . . . . . . . . . . , . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 UNIFORMSIEQUIPMENT ARTICLE 14 , , . . . . . . . . , . , . . . . , . . . . . . . . . . . . . . . . , . . . . . , . . , . . . . . . . . . . . . . . . . . 15 EDUCATION ARTICLE 15 . . , . , . , . . . . . . . . . . . . . , . . . . , . . . . . . , . . . , . . , , . , . . , , , . . . , . . . . . . . . . .16 V ACA TION LEAVE ARTICLE 16 . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 SICK LEAVE ARTICLE 17 , . . . . . . . . , , . . , , , . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . . . . . . . . . . . . l8 AUXILIARY SICK LEAVE ARTICLE 18 . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . , . . , . . . 19 MILEAGE ALLOWANCE ARTICLE 19 . . . . . . . . , . . . . . . . , , . . . . . . . . . . . . . . , . . . . . . . . , . . . . . , , . . . , . . . . . . . . 20 HOLIDAYS ARTICLE 20 , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . . . . . . . . . . 21 BEREA VEMENT LEAVE ARTICLE 21 . . . . . . . , . . . , . . , , . . . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . , , , . . 22 OVERTIME ARTICLE 22 . , , , . . . . . . . , . . . . , , . . . . . . , . . , , . . , . . : . , , , . . . . . . . . . . , . . . . . . . . . . . 23 HEALTH BENEFITS ARTICLE 23 . . , , . . . . . , , . . . . . , . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 VACANCIES AND PROMOTIONS ARTICLE 24 . , . . . , . , , . . . . . . , . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 GRIEVANCE PROCEDURE Step 1 . . . . , , . . . , . , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , , . . . . . . 25 Step 2 . . . . . . . , . . . . . . . . . . . . . . . . . . , . . , , . , , , . . . , . . . , . . . . . . , . . . . . . 25 Step 3 . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , . . , , . . . . . . . . . . . . . . . . . , . . . 25 ARTICLE 25 . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . , . . . . . . . . . , , . . , . . . . . . . . . . . . . . . 27 DISCIPLINE Final Agr. - 3/97 11 -/ I '\ '.. :,( I , , ARTICLE 26 . . . . , , . . . . , . . . . , . . . . . . . . . . . . . . . . . . , , . . . . . , , . . . , . , . . . . . . . . . . . . 28 CALL-BACK PAY (RECALL) ARTICLE 27 . . . , , . . . . . , . . . . . . , . . . . . . . . . , . . . . . . . , . . . , . . . . . , , . , , , . . , . . . , . . . 29 WORKER'S COMPENSATION RESTRICTED DUTY POLICY 27.1 RESTRICTED DUTY AND LINE OF DUTY INJURY 30 27,2 APPLICA TION FOR RESTRICTED DUTY 30 27.3 ADMINISTRA TION 30 27.4 DURATION 31 27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY 31 27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED LEAVE STATUS 31 27.7 MANAGEMENT DISCRETION 31 27.8 LINE OF DUTY 32 27.9 RESTRICTED DUTY ALLOCATION 33 ARTICLE 28, . , , . . , . . . . , . , . . . . . . . . . . . . , . . . . . . . . . . . . . , , . , . . , , . , . , . . . , , . . . . . 34 VOTING ARTICLE 29 . . . , . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . , . 35 MILIT AR Y LEAVE ARTICLE 30 , . . . . . . . , . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 JURYIWITNESS DUTY ARTICLE'31 . . . . . . . . . . . . . . , . . . . . . . . . . , , . , . . . , . . . . . . , . . . . . . , . . . . . , , . . . . . . . 37 SENIORITY ARTICLE 32 . . , . . . . . . , . , . , . . .. . . . ,. .. . .. . . , . , ,... . .. . , . . . . . .. , , . . .. . . , . . . 38 PERSONAL PROPERTY REPLACEMENT ARTICLE 33 . . . . . . . . . . , , , . . . . . . . . . . . . . . , . . . . . . .. . . .. . . . . . . ,. , , , . . . , .. . . . . 39 LIFE INSURANCE ARTICLE 34 , . . . . . . , . , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , . . 40 ANNUAL PHYSICAL ARTICLE 35 . . . . . . , . . . . , . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . , . . . . , , . . . . . , . . 41 LABO~AGEMENTCONFERENCE Final Agr. - 3/97 III ! .... \ '" l , < ARTICLE 36 . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . , . . . . , . . . . . , . . . . . . . . . . , , , . . 42 OUTSIDE EMPLOYMENT ARTICLE 37 . . . . . . . . . . . , , , . , . . , . . . . . . . , . , . . . . . , . . . . , . . . . . . . . . . . , , . . . . . . . . 43 COMPENSATION UPON SEPARATION ARTICLE 38 . . . . . . , , . . . , , , , . . . . . . , . . . , . . . . , . . , . , . . , . . . . . . . . . . . . . , . . . . . . . . 44 RETIREMENT AND PENSION PLAN ARTICLE 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . , . . . . , . . . . . , . . . . . . . . 45 WAGES ARTICLE 40 . . . . . . . . . . . . . , , , . , . . . . . . . . . . , . . . . . . , . . . . , , , . . . . . . . . . . . . . . . . . . 46 SEVERABILITY CLAUSE ARTICLE 41 . . . . . . . . . , . . . . . . . . . , . , . . , . . . . . . . . . , . . , . , . . . , . . . , . , , . . . . . . . . . , 47 DURATION ARTICLE 42. . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , , . . . .48 DRUG FREE WORKPLACE POLICY Final Agr. . 3/97 IV l ~ I.. ,I , , 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 Union, the Employee Representative, and the steward, Final Au. - 3197 f l, I.. It , < 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 marshall, training officer, shift commanders (captains), and volunteer and reserve firefighter. Final Agr. - 3/97 2 " I.. (I , , 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 office, 4005 North Orange Blossom Trail, Orlando, Florida 32804, within a reasonable period of time 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. Final Agr. - 3/97 3 r' I" It , , 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 ofa 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. Final Agr. - 3/97 4 r , . " I ~ ,,! 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; 5.1.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.l.F, Reports of nonpolitical standing committees and independent nonpolitical arms of the Union; 5.l.G. Nonpolitical publications, rulings or policies of the Union; and, 5,l.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. Final Agr. - 3/97 5 , . I... ,I 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 Ifin 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 of this 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. Final Agr. - 3/97 6 '. I t, If equal pay status in accordance with the seniority principle, subject to the employee's ability to perform duties of any position sought Final Agr. - 3/97 8 !. ~' , I; (1 ARTICLE 7 PERSONNEL REDUCTION 7.1 Layoff 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 classification 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 the employee's record, along with any address on file with the Union. The employee must, within seven (7) business days of the certified date, signify his intention ofreturning to work, subject to the ability to pass the physical agility test. b. An employee, when offered recall, who is temporarily 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 Final Agr. . 3/97 7 , . 1'1' ARTICLE 8 WORK RELATED INJURY LEAVE 8.1 It shall be the policy of the 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. Final Agr. - 3/97 9 , . 1. ,t 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. Final Aw. - 3/97 10 '\ , . ,J ARTICLE 10 REDUCED ACTMTY PERIOD 10.1 The use of beds will be permitted as determined by the Shift Commander and/or his designee. Final Agr. - 3/97 II " '" ,f ARTICLE 11 SHIFT SWAPS 11.1 Shift employees may voluntarily swap a shift for personal reasons with another employee subject to their 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 four (4) hours. 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 shift commanders 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. Final Agr. - 3/97 l2 " \ .. I 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 often dollars ($10,00) per shift beginning with the first shift serving our of classification. 12.2 No firefighter shall be entitled to a higher rate of pay as a result of assuming a position ofa higher classification due to a shift swap. Final Agr. - 3/97 13 '. '. ,t ARTICLE 13 UNIFORMSIEQUIPMENT 13.1 All unifonns, equipment, and insignia which employees are required to wear in the performance of their 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 3 - Trousers 3 - Dress Shirts 1 - Jacket with removable liner 1 - Pair standard color uniform shoe or boot (style of shoe/boot as approved by the Fire Chief, or his designee; not to exceed the established dollar limit) 1 - Unifonn Belt 1 -Name tag with "Serving Since" plate (officers only: 1 - set collar brass) 13.2.5 13.2.6 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 1 - Pair of protective Bunker pants with suspenders 1 - Protective Bunker coat 1 - Protective Helmet with eye shields 1 - Protective Bunker boots and gloves 1 - Protective nomex hood 1 - Personal pocket resuscitator mask; must be carried with the individual at all times. 1 - Identification card 13.3.7 13.4 The City will assure that sufficient numbers of safety glasses and ear protection are on apparatus. Final Agr. - 3/97 l4 . ..1 ARTICLE 14 EDUCA TION 14.1 The current City policies and procedures shall remain in effect for the term of this Agreement. Final Agr. - 3/97 15 I,. r ARTICLE 15 V ACA TION 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. Final Agr. - 3/97 16 " 0,. j 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. Final Agr, - 3/97 l7 "... I 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. Final Agr. - 3/97 18 -.., I 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. Nothinghereinshallentitle the employee to reimbursement for mileage coming to and from home to work or changing stations once during their shift. Final Agr. - 3/97 19 '. "" I ARTICLE 19 HOLIDAYS 19.1 The current Holiday policy shall remain in effect for the term of the Agreement. Final Agr. - 3/97 20 '0. I 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: spouse, mother, father, son, daughter, sister, brother, mother-in-law, father-in-law, step-parents, step-brother, and step-sister. Final Agr. - 3/97 21 " '-" , 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. Final Agr. - 3/97 22 .. . .. '.. I ARTICLE 22 HEALTH BENEFITS 22.1 The City's current policy for the payment of premiums for health benefits shall continue in effect during the term of this Agreement. Final Agr. - 3/97 23 "" . ARTICLE 23 VACANCIES AND PROMOTIONS 23.1 The current promotion policy shall remain in effect for the term of this Agreement. Final Agr. - 3/97 24 ... " . 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 Captain within ten (10) working days of the occurrence of the alleged grievance. The 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 l, then the aggrieved employee or the Union may submit the grievance, in writing, along with the response in Step l, 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 of the 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 of the hearing. Final Agr. . 3/97 25 '. . 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 oftrus Article, the term "working days" shall be interpreted to mean Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. Final Agr. . 3/97 26 ... , ~ . ,; 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 ll2, IV and VIII, 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 lI2, 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 of the 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 of this Article, the term "working days" shall be interpreted to mean Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. Final Agr. - 3/97 27 ., . 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 one (1) hour. The recall of employees shall be voluntary, Final Agr. . 3/97 28 f , 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. Final Agr. . 3/97 29 '. " . 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 Application Form" through the Chain of Command. The Physician's Statements and Chain of Command endorsement(s) must be completed prior to the form being submitted to the Fire Chief A member of the unit may appeal a denial of the request to the City Manager who will be the final authority. The decision ofthe City Manager shall be non-grievable. The Fire Chief will be the first 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 if their 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 Captain or Deputy Chief, who will submit weekly status reports to the Fire Chief as the prognosis of aoy Restricted Duty member. Restricted Duty Assignments will include, but are limited to non-hazardous firefighter duties, Final Au. - 3/97 30 " .. , 27.4 DURA TION 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 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 offorce, except in the defense oflife. A Restricted Duty Notice will 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, Final AgT. - 3/97 31 ., , 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 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 light duty that would extend beyond the period of twelve (12) months from his injury. A ~ember 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 I herein and the light duty benefits described herein for any six (6) month combination of same during the twelve (12) month period following his leave 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 (I) 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) months period. Thereafter, the City shall not be obligated to supplement the members worker's compensation benefits. A member injured in the line of duty who 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) days from the Final Agr. - 3/97 32 f' ' 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 expiratio!1 of the accrued leave, the member shall only be entitled to theirbenefits 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 RESTRICTED DUTY ALLOCATION Restricted Duty Assignment will be governed by limitation that no more than one (1) Fire! ALS 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 light duty when the employee medically can perform unrestricted duty, then said light duty will not be considered use of the light duty position hereunder. Final Agr. .3/97 33 " , 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. Final Agr, - 3/97 34 ... . ARTICLE 29 MILITARY LEAVE 29.1 The current Military Leave policy shall remain in effect for the term of this Agreement. Final Agr. . 3/97 35 " .. , ARTICLE 30 JURYIWITNESS DUTY 30.1 Employees required to be available for jury selection or service shall be granted the necessary time offfrom 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 least 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, Final Agr, . 3/97 36 " '\l . , . ARTICLE 31 SENIORITY 31.1 Seniority, for the purpose of this contract, is defined as length of continuous, uninterrupted seIVice in the Winter Springs Fire Department. When the length of continuous seIVice 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 of time, except where the seniority is granted specifically in this agreement. 31.3 Seniority shall be used for the purpose of layoff, 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 of time, 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, if possible, 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. Final Agr. - 3/97 37 " .... , 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 ($lOO.OO), 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. Final Agr. . 3/97 38 " f"h " ARTICLE 33 LIFE INSURANCE 33.1 The current policy limits regarding employee and dependant life insurance shall remain in effect for the term of this Agreement. Final Agr. - 3/97 39 " "" . ARTICLE 34 ANNUAL PHYSICAL 34.1 The current policies and procedures shall remain in effect for the term of this Agreement. Final Agr. - 3/97 40 '< 1",l... I ARTICLE 35 LABO~NAGEMENTCONFERENCE 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 of those representatives who will be attending, 35.4 A LaborlManagement Conference shall be scheduled within seven (7) calendar days of the date requested ifboth 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. Final Agr. - 3/97 41 '1 '~'I. , ARTICLE 36 OUTSIDE EMPLOYMENT 36.1 The current policies and procedures regarding outside employment shall remain in effect for the term of this Agreement. Final Agr. - 3/97 42 . " "i0. J <1 " 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. Final Agr. . 3/97 43 " ~J... . . I I ARTICLE 38 RETIREMENT AND PENSION PLAN 38.1 The union does not accept the changes in the City Retirement System as authorized by the City Commission on April 30, 1996. The contribution rate will remain at the established level prior to this date. Final Agr. - 3/97 44 '3 'I , .. . ~ ,\ ... . . ARTICLE 39 WAGES 3.9.1 EffeCtive October 1, 1996, employees agTee to accept the Citis employee evaluation system that shall award employees a merit increase of zero percent (0%) to a maximum of six percent (6%). The merit increase is based upon the perfonnance evaluation conducted on the employees anniverSary date fur the 1996-97 fiscal year. The pay plan existing prior to October 1, 1996, for the employees covered herein is hereby eliminated. Any pay increases subsequent to October I, 1997, are subject to the parties agreeing to same and ifno agreement is reached, the salary remains frozen at the September 30, 1997 rate until a new collective bargaining agreement is reached. 39.2 Effective October 1, 1996, employees agree to accept the Cody and Associates, Inc. Recommended Salary Plan, Alternative B, dated April 1996. 39.3 Employees shall receive the 1996 Christmas bonus afforded the General Employees of the City. 39.4 Effective October 1, 1996, employees agree to eliminate EMT incentive of$600.00 per year paid in equal payments of$23,08 biweekly. This $600.00 incentive reduction would then be converted into a $600.00 salary increase as part of the base salary for those employees who are receiving the EMT incentive on September 30, 1996, 39.5 The continuation of Paramedic incentive of $3,900,00 per year paid in equal payments of $150.00 biweekly to all employees who maintain their paramedic certification, and will function in the capacity when required. Final Agt. . 3/97 45 ,'.: I .1 \J.' ...... ARTICLE 40 SEVERABILITY CLAUSE 40.1 If any provision of this Agreement, or application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. In the event this occurs, the parties will sit as soon as possible to negotiate a replacement Article, Final Agr. - 3/97 46 . ,"f, ~ '. ,~ .... ,.~ 't f~' ..... ,j' ARTICLE 42 DRUG FREE WORKPLACE POLICY 42.1 The union agrees to accept the City of Winter Springs Drug Free Workplace Policy effective October 1, 1996, subject to approval of the City Attorney and Attorney for the union. :In the- ((/V1't( , .....a'l.t till;; Chy AL~vrm;:y <wd dll;; Al101UI;Y fox ~hc wtivu d05 aet agFee atH! Lm!... thG~ ~pre lalS- ~ -by M~rch 31. 1 c:y:J7 the parties l\W~ tn Q11h"lit tiae rea6lt1~ou vi 4dy (h U/:$ .fi ct:: wutkplacc b;)~",~ "- C!::!!Y to the impasse process for resnll1tinn EXECUTED, this ()./... day of ~ , A.D" 1997 CITY OF WINTER SPRINGS, FLORIDA By ;(~tJ. JrI'~ ' City Manager .../ ' EXECUTED, this /" }.Vl \.0 day of Move\n I , AD" 1997 THE UNION By ~~'Jent U Final Agr. . 3/97 48