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Home My WebLink About2002 10 29 Public Hearings A Fire Union Contract 102902 Regular A Fire Union Contract Page 1 of5 COMMISSION AGENDA ITEM A Consent Informational Public Hearing X Regular October 29,2002 Meeting M!;!~ept. Authorization REQUEST: City Manager requesting the City Commission to resolve outstanding contract issues for contract year 2001-2002 with the City's Fire Union Local 3296, and authorize the City Manager to execute the contract on behalf of the Commission. PURPOSE: This agenda item is needed for the Commission to provide final discussion relative to outstanding contract issues with the Fire Union. CONSIDERATIONS: On September 30, 2001 the contract with the Fire Union for year 2000-2001 ended. Since that time the City and the Union have negotiated without successful resolution of issues for a contract for contract year 2001-2002. On February 25, 2002 the Union declared impasse in negotiations. After the declaration of the impasse the City attempted to continue bargaining, setting a bargaining session for August 15, 2002. The bargaining session was unsuccessful in resolving the issues. There after the parties agreed to bypass a special master hearing and go directly to the City Commission for final resolution. FUNDING: The City's proposal is fully funded in the budget. Additional considerations would require appropriation from General Fund balances further reducing the City's general fund balance. As shown below the estimated cost of the union's proposal over and beyond that already budgeted and offered by the City for 2001-2002 is approximately $700,000, equal to .6086 mills. If the Union pay and retirement demands were extended to all City employees the cost would be $1,700,000, equal to 1.4310 mills. m MILLS Estimated 2001-2002 Cost of Union Demands over Budget and City Offer $740,000 .6086 Estimated 2001-2002 Cost of Union Demands over Budget extended to all City Employees Total Cost $1,000,000 $1,700,000 .8224 1.4310 102902 Regular A Fire Union Contract Page 20f5 Pay adjustments offered to the Union in 2001-2002 and 2002-2003 provide for an average 15.0% increase in pay for firefighters as follows: 2001 2002 2002 2003 Total Cody C Pay Range and Internal Equity Enhancements Annual Merit Increases Total 4.5% 4.5% 6.0% 4.5% 10.5% 6.0% 9.0% 15.0% NEGOTIA TED ITEMS SUMMARY ARTICLE 39 - WAGES A. Union: (1) Merit Increase with new 1 %-3% wages rating schedule, (2) 3% cost of living adjustment across the board retroactive to October 1,2001. Additional cost over budget $84,000. A. Management: (1) Maintain the 0-6% merit system as is; (2) deny 3% across the board cost of living. Union proposal represents fundamental change in City pay philosophy. City pay system awards increases in pay on the basis of merit. Does not employ non-meritorious across the board raises. Estimated cost over budget $0. B. Union: 5% paramedic preceptor pay; or 1.2 hours additional pay for each shift they perform. Estimated cost over budget. Unknown B. Management: Part and parcel of current job responsibilities for which they already receive $5,500 per year additional pay. Not utilized in any department in County. Estimated cost over budget $0. C. Union: Vacation paid at overtime rate. Estimated cost over budget $48,000. C. Management: Maintain status quo. Opposed to paying overtime for time not worked. Only one of eight (8) departments in County (Sanford) does this. Estimated cost over budget $0. 102902 Regular A Fire Union Contract Page 3 of5 D. Union: New Chief Apparatus Operator position. Estimated cost over budget. Unknown D. Management: Maintain current status. Position not justified on basis of actual job content. No department in the County does this. Estimated cost over budget $0. E. Union: New Sr. Lieutenant/Captain position. Estimated cost over budget. Unknown E. Management: Maintain status quo. Position not justified on basis of job content. No department in County does this. Estimated cost over budget $0. F. Union: 2% pay increase for each year of service in current classifications (10 years service =20%) using new pay ranges. Estimated cost over budget $121,000. F. Management: Continue status quo for 2001-2002. Represents fundamental change in pay plan, consideration for time in service are not normal part of merit pay plans. Commission has approved implementation of Cody Wage Study for 2002-2003 as part of normal two- year cycle that addresses issues of pay ranges and salary compression. City is offering Cody Wage Study implementation as part of bargaining for 2002-2003 contract along with merit pay increases. Estimated cost over budget $0. G. Union: New pay range adjustments. Estimated cost over budget. Included in "F" above. G. Management: Maintain the current pay system practice of adjusting ranges every two years. Commission has approved implementation of Cody Wage Study for 2002-2003 as part of normal two-year cycle that addresses issues of pay ranges and compression. Pay adjustment offered in 2002-2003 bargaining represents average 10.5% increase in pay including adjustments for pay grades and compression. H. Union: Eliminate rollover provision. Estimated cost over budget $0. H. Management: Maintain status quo. Elimination would result in contract pay increase paid forward into the next year with out bargaining; eliminate City's capability to agree to an increase in pay less than agreed to in the prior year. Puts City in very weakened negotiating position. Requires the payment of non-negotiated pay increase regardless of City's financial condition. Estimated cost over budget $0. 102902 Regular A Fire Union Contract Page 4 of 5 ARTICLE 38 - RETIREMENT PENSION PLAN A. Union: 1% increase in annual benefit for years served prior to adoption of Pension Plan (2% t03%). Estimated cost over budget $540,000. A. Management: Maintain status quo. Current plan equal to State Retirement System. City has uniform pension plan including all employees. Plan benefits cannot be increased just for firefighters. Implement in future year when investment earnings are better. Additional contribution likely just to maintain current benefits. ARTICLE 43 - MANAGEMENT RIGHTS A. Union: Refused to discuss any management rights clause. A. Management: Add management rights clause as proposed. Recognizes the fundamental right of management to determine the scope of services to be provided for the public. Four of five unionized departments in County do this. ARTICLE 11- SHIFT SWAPS A. Union: Reduce minimum shift swap from four (4) hours to one (1) hour. A. Management: Not opposed if Union agrees to other City proposals. ARTICLE - 14 A. Union: Add non-college credit courses to reimbursement schedule. A. Management: Agree to adding non-college credit courses to reimbursement schedule as recommended by labor management committee and approved by Fire Chief and City Manager and appropriately budgeted. RECOMMENDATION The City Manager is recommending the following recommendations for resolution of the contract year 2001-2002 contract with the Fire Union. ARTICLE 39 - WAGES A.l Maintain the current uniform 0-6% merit plan retroactive for fiscal year 2001-2002. A.2 Deny 3% across the board cost ofliving. B. Maintain current paramedic incentive pay and deny 5% paramedic preceptor pay. C. Maintain current vacation pay and deny paid vacation overtime. D. Maintain current position classification plan and deny new chief operator position. 102902 Regular A Fire Union Contract Page 5 of5 E. Maintain current position classification plan and deny new Senior Lieutenant/Captain position. F. Maintain current merit plan and practice of giving consideration to internal equity every two years and deny 2% pay per year of service. Negotiate consideration for internal equity in 2002-2003 contract. G. Maintain current salary ranges for 2001-2002. Contract negotiations ranges for 2002-2003 contract. H. Maintain current rollover provisions in contract. Deny union request to eliminate rollover prOVIsIons. ARTICLE 38 - RETIREMENT AND PENSION PLAN Maintain status quo and deny request for 1 % additional benefit for prior year service. ARTICLE 43 - MANAGEMENT RIGHTS Adopt city proposal. ARTICLE 11 - SHIFT SWAPS Adopt reduction of shift swaps from four (4) hours if Union agrees to other City terms. ARTICLE - 14 Agree to fund non-college credit training courses approved by Fire Chief and City Manager subject to budgeting limitations if Union agrees to other City terms ATTACHMENTS: Union Proposal of October 23,2002 Labor Attorney Letter of October 24, 2002 and Exhibits City Attorney Letter of October 17,2002 - Hearing Procedure COMMISSION ACTION: ~ MUlLER MIINTZ David V. Kornreich* Michael W. Casey, 11I* James C. Crosland* James S. Bramnick* Gordon D. Rogers* Carmen S. Johnson* Jeffrey E. Mandel* Denise M. Heekin* Paul T Ryder, Jr.* Benton N. Wood* Marlene Quintana Morales LABOR AND EMPLOYMENT ATTORNEYS 'Soard Certified in wr and Employment Law October 24,2002 Mayor and City Commissioners City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 David C. Miller Jenna Rinehart Rassif* Debra M. Lubkin* Christi A. Shelton Jennifer M. Taylor Leslie Miller Tomczak Patricia Bango Diaz David A. Young Michael L. Elkins Bridgit M. DePietto lIana K. Green Of Counsel Kelly Cheary Sulzberger Ray C. Muller (1924-1977) Herbert B. Mintz (1924-1993) Joseph A, Caldwell (1923-1996) R.ECEIVED OCT 2 4 2002 CITY OF WINTER SPRINGS City Manager ~:DO"fV\. VIA HAND DELIVERY Re: Winter Springs Professional Fire Fighters, Local 3296 v. City of Winter Springs Case No. SM-2002-016 Dear Mayor and Commissioners: The following are the City Manager's recommendations for settling the collective bargaining impasse issues at the October 29,2002 impasse resolution hearing. Please keep in mind that the impasse is only over the contract for Fiscal Year 2001-2002 (which recently ended). The contract for the current fiscal year, 2002-2003, is pending negotiations between the City and the Fire Union. 1. Article 39 - Wages The City administration requests that the City Commission adopt the City's proposal on Article 39 - Wages, a copy of which is attached hereto as Exhibit 1.A. The City's proposal reflects the . current status quo, and would provide firefighters with pay raises for Fiscal Year 2001-2002 under the same 0%-6% merit pay system (with a 4.5% average) as all other City employees. The Union has proposed the following for Fiscal Year 2001-2002: a 1 %-3% merit pay increase on their anniversary dates under new Performance Rating Scale; a new 3% cost ofliving adjustment on October 1, 2001; a new paramedic preceptor incentive of 5%, or an additional 1.2 hours of pay, for each shift they perform that function; vacation counting as time worked for overtime; new pay ranges for existing classifications; new job classifications of Chief Apparatus Operator and Sr. Lieutenant/Captain; and a new pay increase of2% of base wage per year of service in current classification on October 1,2001. The City administration is opposed to the Fire Union's proposal for the reasons that follow. Please reply to Orlando Office: Muller Mintz, P.A. Suite 1525 255 South Orange Avenue Orlando, Florida 32801 Telephone 407-843-1400 Facsimile 407-843-1410 Suite 3600 200 South Biscayne Boulevard Miami, Florida 33131 Miami 305-358-5500 Broward 954-522-0393 Facsimile 305-379-3802 www.mullermintz.com Mayor and City Commissioners October 24, 2002 Page 2 For at least the last 10 years, City employees, including firefighters, have been provided annual pay increases through the City's merit pay system. Under the City's merit pay system, employees are provided a 0% to 6% (average 4.5%) increase on their anniversary dates based upon their performance evaluation ratings. Along with market adjustments, this has resulted in firefighters realizing an average of 6.5% in pay increases for each of the six years prior to Fiscal Year 2001-2002. The merit pay program is consistent with the City's philosophy of rewarding employees based on their job performance. Like wise, it is consistent with the pay systems used by other local employers. For example, Seminole County also utilizes a 0% to 6% merit pay system. The Fire Union seeks to fundamentally change the City's merit pay system by reducing the amount of merit pay and adding an across-the-board pay increase. There is simply no rational basis for altering the Citywide merit pay system. The Fire Union also seeks a pay increase of 5% added to the base pay of all employees performing the function of paramedic preceptor. "Paramedic preceptor" is the industry term for experienced paramedics who show new hire paramedics the ropes when they first start out. The City does not now, and has never, provided preceptor pay. The City administration believes that precepting is part and parcel of a paramedic's job, and is one of the reasons why paramedics are provided an annual $5,500 incentive over and above their base pay. As is shown in Exhibit I.B. hereto, paramedic preceptor pay is not provided by any agencies within Seminole County. The Fire Union wants to have vacation leave counted as time worked for overtime. The City does not currently count vacation leave as time worked for overtime for any City employees. Under the Fair Labor Standards Act, employers are required to pay employees overtime pay (time-and-one-half) after they work more than a specified number of hours in a work week. The law only requires an employer to count actual hours worked in computing overtime pay; however, employers are free to count leave time as hours worked. As shown in Exhibit I.C. hereto, no agency in Seminole County, other than the City of Sanford, counts vacation leave as time worked for purposes of calculating overtime. The reason for this is clear; it makes no sense to pay employees overtime for being on vacation. In this regard, under the Fire Union's proposal, an employee could take vacation on every shift during his/her work week, and the City would be obligated to pay him/her overtime! The Fire Union also wants new pay ranges for existing classifications. According to the Fire Union, pay range adjustments are necessary because the City's pay ranges for firefighters are the lowest in Seminole County. Since the outset of these negotiations, the City administration has told the Fire Union that it would address the firefighters' pay ranges as part of the wage study performed every two years by an independent consultant. This study, done by Cody & Associates, resulted in recommended pay ranges that, in some cases, exceeded the pay ranges proposed by the Fire Union. The City Commission has already approved in the Fiscal Year 2002-2003 budget the implementation of the Cody study pay ranges for all employees, including the fuefighters. And, the City administration has offered to the Fire Union the implementations of the Cody Muller Mintz, P.A Law Offices Mayor and City Commissioners October 24, 2002 Page 3 study and an additional 0% to 6% (average 4.5%) merit pay increase for the Fiscal Year 2002-2003 contract. (In contrast, the City of Oviedo, while raising pay ranges, is providing its fire lieutenants with only a 1.5% pay increase.) The Cody study would provide the City's firefighters with among the highest pay ranges of any firefighters in Seminole County. For example, the starting salary for the City's firefighters would be increased to $29,796, which would be the second highest starting salary in Seminole County. Charts comparing the pay ranges by position of agencies in Seminole County are attached hereto as Exhibits I.D-G. (Note that in the information provided by the Fire Union at the bargaining table, and since that time, the Fire Union has consistently used Seminole County as the comparable market for these comparisons.) To date, the Fire Union has rejected the City's offer to implement the Cody study. The Fire Union further seeks to have the City create the new job classifications of Chief Apparatus Operator and Sr. Lieutenant/Captain. However, the Fire Union has not provided the City with proposed job descriptions for these positions or any explanation of the duties they would perform. Simply stated, there is no justification for the creation of these positions. And, as shown in Exhibit 1.H. hereto, no agency in Seminole County has either position. In considering this issue, it should also be noted that the City already has a job classification - Apparatus Operator - that no other jurisdiction in Seminole County, other than the City of Long wood, uses. Instead, in all other jurisdictions in Seminole County, firefighters have to drive engines without any additional compensation. And, unlike in the City of Longwood where there are a limited number of Apparatus Operator positions, any firefighter in the City of Winter Springs who meets the requirements for an Apparatus Operator can be promoted to the position of Apparatus Operator. Like all promotions, this results in the firefighter receiving a 5% pay increase or a move to the minimum of the new pay grade, whichever is greater. The Fire Union is also asking for a new pay increase of2% of the new pay grade minimum for their classification per year of service in that classification. According to the Fire Union, such increases are needed to address compression of salaries and to retain tenured employees. Regarding compression, the Cody study that has been adopted by the City Commission and presented to the Fire Union addresses the issue. In fact, under the Cody study, firefighters will receive market and compression adjustments averaging 6% in addition to their 0% to 6% (average 4.5%) merit increases. This combined average of 10.5% far exceeds the pay increases given to any City officials. Moreover, to the extent that the Fire Union believes that the Cody study does not address all of the Fire Union's compression concerns, the City administration has offered to discuss the Fire Union's issues at the bargaining table as part of the Fiscal Year 2002-2003 contract. It is simply unfair to the rest of the City's employees to address the Cody study with the firefighters for Fiscal Year 2001-2002. Moreover, it is unfair for the City to use a formula for firefighter market/compression increases that has not been used for the rest of the City's employees. Muller Mintz, P.A. Law Offices Mayor and City Commissioners October 24,2002 Page 4 Regarding the Fire Union's claim that their requested wage increases are necessary to address the problem of turnover in the Fire Department, the Winter Springs Fire Department's turnover rates are less than the average for other Seminole County agencies. A survey of the fire departments in Seminole County reveals that the average turnover rate over the last five years in Seminole County was 9% per year. The average turnover rate during that same time was only 5% per year for Winter Springs. A chart comparing the turnover rates of agencies in Seminole County is attached hereto as Exhibits 1.1. In fact, the City has not lost a firefighter to another agency in Seminole County in almost a decade. Moreover, the City is above the average for Seminole County agencies for average years of service in the ranks of Lieutenant and below (i.e., the bargaining unit). A chart comparing the average years of service for agencies in Seminole County is ~ttached hereto as Exhibit 1.1. Quite simply, despite the Fire Union's claim that there has been a mass exodus from the Fire Department, the City's turnover experience is no worse, and in some cases much better, than other agencies in Seminole County. Lastly, the Fire Union seeks to remove from the existing contract the following "roll over" provision: "Any pay increases after October 1,2001, are subject to the parties agreeing to same and ifno agreement is reached, the employees' salaries will remain frozen at their September 30,2001 rate until a new collective bargaining agreement is reached." By removing this language, the Fire Union seeks to require that the City provide firefighters with merit increases under the existing 0% to 6% merit pay system after the expiration of the existing contract and while the parties are negotiating for a new contract. The City administration opposes the Fire Union's attempt to provide merit increases after the expiration of the contract for a number of reasons. First, under the Fire Union's proposal, the City would be bound to provide these increases, for . all practical purposes, regardless of the City's financial condition. Especially in these times of economic uncertainty, the City administration believes that it is more fiscally prudent to determine pay increases on a year-to-year basis (as the City Commission does for all other employees). Second, under the Fire Union's proposal, the Fire Union has the right, which they certainly plan to exercise, to request to negotiate additional pay increases over and above the merit pay increases they will automatically receive. This has the effect of setting the existing merit pay system as the floor up from which the Fire Union can and will negotiate. The firefighters cannot have it both ways - they can either establish their wages through negotiations, or they can waive wage negotiations and automatically be part of the City's pay system. To do otherwise would turn negotiations into a charade. (Note that to the extent the Fire Union argues that the current contract language unfairly delays the firefighters' pay increases, the Fire Union can control the timing of negotiations and impasse resolution - the Fire Union could have moved the process along quicker, but apparently chose not to do so.) It should be noted that the estimated cost of the Fire Union's wage proposal (excluding preceptor pay and vacation time counting as time worked for overtime, which cannot be accurately estimated) is at least $127,500 above the amount budgeted for Fiscal Year 2001-2002 raises. This figure does not include Muller Mintz, P.A. Law Offices Mayor and City Commissioners October 24, 2002 Page 5 additional costs to the City, such as pension and FICA contributions. The estimated cost of the Fire Union's wage proposal (excluding preceptor pay and vacation counting as time worked for overtime, which cannot be accurately estimated) is at least $66,600 above the amount budgeted for implementing the Cody study (which the City raised taxes, in part, to fund). For each of the foregoing reasons, the City administration requests that the City Commission adopt the City's proposal on Article 39 - Wages. 2. Article 38 - Retirement and Pension Plan The City administration requests that the City Commission adopt the City's proposal on Article 38 - Retirement and Pension Plan, a copy of which is attached hereto as Exhibit 2.A. The City's proposal reflects the current status quo, and would continue to provide firefighters with the same pension benefits as all other City employees. By way of background, in October 2000, the firefighters became part of a new Citywide pension plan that gave each employee a retirement benefit of3% of their salary for each year of credited service beginning with the date they entered the plan. For all years of service before the adoption of the new plan, employees were given a 2% benefit. The City's pension plan gives a 55-year old firefighter with thirty years of service a pension equal to 90% of the average ofhislher highest three-year earnings, with no penalty. Under the plan, a firefighter can retire at age 55 with thirty years of service, draw hislher full City pension, begin getting social security at age 62, and thereby receive as much as 120% ofhislher firefighter salary at age 62. This is in comparison to the City of Oviedo, which, like the City of Winter Springs, recently implemented a new pension program. In the City of Oviedo, firefighters contribute 7% of their salary for only a 2.19%. A chart comparing the pensions offered by other agencies in Seminole County, attached hereto as Exhibit 2.B, shows that the City's benefit multiplier is above the average of such agencies, and the required employee contributions are below the average of the other Seminole County agencies. The Fire Union has proposed that the firefighters be given an additional 1 % benefit for all years of service prior to the effective date of the Citywide pension. The Fire Union argues that this will provide the firefighters with the same benefit - 3% for all years of service - as firefighters who are under the State of Florida Retirement System ("FRS"). This argument overlooks the fact that the City, like most municipalities, is not part of the FRS. Moreover, had the City enrolled the firefighters in the FRS in October 2000, instead of the City's pension plan, the firefighters, by law, could only have received a 2% benefit for prior years of service. [A copy of this law is attached hereto as Exhibit 2.C.] This is the same benefit provided to the firefighters under the City's pension plan. Muller Mintz, P.A. Law Offices Mayor and City Commissioners October 24, 2002 Page 6 The City administration has rejected the Fire Union's proposal for an additional 1 % benefit. As the firefighters are part of a Citywide pension, this additional benefit cannot be provided just to the firefighters - it would have to be provided to all participating employees. The City administration, in consultation with the pension plan actuaries, has estimated the cost of implementing this benefit Citywide to be 6% of payroll, or approximately $540,000. This cost is clearly prohibitive, especially as the City already contributes 8% of payroll to the pension fund. The City administration is, however, committed to readdressing this issue once the markets turn around and the pension fund generates enough earnings to either pay for, or significantly offset, the cost. Unfortunately, given the recent experience ofthe markets (which has resulted in employees in other plans losing most if not all of their retirement savings), the money is simply unavailable within the plan to purchase this additional benefit. For each of the foregoing reasons, the City administration requests that the City Commission adopt the City's proposal on Article 38 - Retirement and Pension Plan. 3. Article 43 - Management Rights The City administration requests that the City Commission adopt the City's proposal on Article 43 - Management Rights, a copy of which is attached hereto as Exhibit 3.A. The City's proposal adds a management rights article to the contract. . The existing collective bargaining agreement contains pages upon pages of employee and Union rights, but says little, if anything about management's rights. The City administration seeks to include in the contract an article memorializing management's fundamental rights to decide the scope and direction of the City's Fire Department and the services to be provided to the public. The inclusion of such an article in the contract is perfectly legal, and in fact, most contracts between the fire unions and agencies in Seminole County (as well as throughout the State of Florida) include a management rights clause. [A chart comparing other agencies in Seminole County is attached hereto as Exhibit 3.B.] To date, the Fire Union has refused to include any management rights clause, regardless of content, in the Fiscal Year 2001-2002 contract. For each of the foregoing reasons, the City administration requests that the City Commission adopt the City's proposal on Article 43 - Management Rights. 4. Article 11 - Shift Swaps The City administration requests that the City Commission adopt the City's proposal on Article 11 - Shift Swaps, a copy of which is attached hereto as Exhibit 4.A. The City's proposal reflects the current status quo. Muller Mintz, P.A. Law Offices Mayor and City Commissioners October 24,2002 Page 7 Currently, firefighters are allowed to swap shifts (a benefit that no other City employee enjoys) in increments of not less than four (4) hours. The Fire Union seeks to allow shift swaps of as little as one (1) hour. The City administration is not opposed, per se, to the idea of reducing the minimum period to one (l) hour. However, the City administration is not willing to accept the Fire Union's proposal for this additional benefit when the Fire Union has been unwilling, to date, to agree with any of the City's proposals. The City administration would accept the Fire Union's proposal on this issue ifthe Fire Union was to accept the City administration's position on the other issues at impasse. 5. Article 14 - Education The City administration requests that the City Commission adopt the City's proposal on Article 14 - Education, a copy of which is attached hereto as Exhibit 5.A. Currently, the City provides tuition reimbursement for only certain college credit classes. Both the City and the Fire Union have agreed to also provide firefighters with tuition reimbursement for certain technical classes. At issue is who will decide which technical classes will be subject to reimbursement. The parties have agreed to form a committee to address the issue. The Fire Union wants the committee to have the final say on which classes will be reimbursed. The City wants the committee to make recommendations to the Fire Chief, who, with the approval ofthe City Manager, will have the final say on which classes will be reimbursed. Given that the Fire Chief is responsible for the administration of the Fire Department's budget, the City administration believes that the Fire Chief, with the ultimate approval of the City Manager, should make the decision on how the Department's education funds are spent. Thank you for your attention to this matter. I look forward to discussing it with you further on October 29. Enclosures 301700\JEM2219jm cc: Richard Siwica, Esquire (w/encls.; via facsimile) Mr. Ron McLemore (w/encls.; via hand delivery) Anthony Garganese, Esquire (w/encls.; via facsimile) Muller Mintz, P.A. Law Offices City Impasse Resolution Exhibit 1.A. ARTICLE 39 WAGES 39.1 For fiscal year 1999 20002001-2002, employees shall be awarded merit increases of zero percent (0%) to a maximum of six percent (6%) in accordance with the City's employee evaluation system (0%, 2%, 4%, or 6%), and using the salary ranges in place as of October 1, +999 2001. The merit increase will be based upon the performance evaluations conducted on the employee's anniversary date. For fiscal year 2000 2001, the City will implement the Cody Study as plar.ned by the City. f.dditionally, for fiscal year 2000 2001, employees shall be awarded merit increases of zero perccnt (0%) to a maximum of six percent (6%) in accordance with the City s employee evaluation system (0%, 2%,1%, or 6%), and using the salary ranges implemented in accordance with. the Cody Study. Any pay increases after October 1, ~ 2002, are subject to the parties agreeing to same and if no agreement is reached, the employee's salaries will remains frozen at their September 30, ~ 2002 rate until a new collective bargaining agreement is reached. 39.2 For fiscal years 1999 2000 and 2000 2001 2001-2002, employees shall receive the same Christmas bonus that is afforded to the General Employees of the City. 39.3 Effective October 1, 1998, employees agree to eliminate Paramedic incentive payments of $150.00 biweekly for a total of $3,900.00 per year for a Paramedic incentive hourly rate of $1.3393. Effective October 26,2000, Employees who are Paramedic certified will receive $5,500.00 per year for Paramedic incentive paid at an hourly rate of$I.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. 39.4 Effective October 1, 1999, and ending September 30,2000, employees '.vith five (5) or more years of service will receive a 2% percent salary adjustment on the employee's evaluation anniversary. The 2% percent adjustment will be added to the amount of merit increase for fiscal year 1999 2000 only. :11111111,iilll:lill[llllllillll!111 I,ll! Iii 111111[[11 [1!1!lllllllllilllllll:IIIII!llilIIIIIIIIIIIIWIIIIIIII!1IIIi!liliiiilili:liii!lilil:i!llillilllllilll!,ii!'I:i'I!!!!!I['!,!~!~~~~~I~~~i~~!1:~~!~,~iMm! ":::::;:::::::::::":::::::':':':":'::::':' i:i.:.::.:~.::.;:.:;:.::.:i:;::::::.:.:;: :.::-:::::::::/:: ::P~~~~~.::.I~:~~~~~~A~'0~0::::::>:;;:::: ::.:.: ':'::'.: :::::::.:.:/:.>:.::::.:::: ::. .:.': ::.;"' . . . . , . .. . . . ..;.;.;:::;:;:;:;:;:;:;:;:::;::.,';.:-:-....:,'. '. . . . . . . . . :: . : :'~':. .:.,..:- :;'..~:::.:~::~;~;;;~;<~~:~;:~::. ',' . .,':. . :',' .:', :. ',. .::.... ... : . ::. . ': :',: ,: ',':: ':::::::::::<;:;:;:;:;:;:;:;>', :',=, ..... . . . . .. : :.::::": . .. .. . .' ....:.;:;:;:;:; AGENCY PRECEPTOR PAY CASSELBERRY LAKE MARY LONGWOOD SANFORD OVIEDO SEMINOLE COUNTY NO' NO NO NO NO NO WINTER SPRINGS CURRENT NO CITY PROPOSED NO FIRE UNION PROPOSED YES lillllllilililll!!II!lllililililii!i!liilliliiiiiiiillliili~~~~~,~~I~~i~~I~II~~~~~I~~~~~~~~!~~lililililll~'~i'~~~~li~~!~I]~li~i~~' . .. ... '. ... . ... .... . . . ... . .. . .. .. ... AGENCY VACATION AS HOURS WORKED CASSELBERRY LAKE MARY LONGWOOD SANFORD OVIEDO SEMINOLE COUNTY NO NO NO YES NO NO WINTER SPRINGS CURRENT NO CITY PROPOSED NO FIRE UNION PROPOSED YES lilllil:illlllllllllllillilliliillilili.lllillllllllll1IIIIIIIIIIIIIIIIII111illillll 111.1 IIIilllllllilllll11 ilililllliilllll'lllil.iillllllilililllll:m"~II~~~~m~il~m~~~'@~II~~~~I~'~li~i~~; .. ...... ... ... .. FIREFIGHTER/EMT.... ........ ..' ..... .. . ....... :(::.::::::::,.:,:: 'Y::=:':'::i::::m:::::::i:U',;:.::::::::':::::::::m:::::::::::::,::i:::::::::::::::::;::i:':::::::::::i::::::::,::::::::,:i::::,;::;::..::,;.:::::::::::::::::.':' . .,:..::. .::::.",,:::.:. .:. ....:...::::.:..;;.:::.:. . ::::::::: . ::::::::::::.;...:-:-:-:-:-:<<<<.;....: ;'; : : : : :: ,.... .;.;.;-:.;.;.:-:-:-:::::::::::::::::::::::::::::-:.:-......: ,', .,' '. ",.... .. " AGENCY MINIMUM MAXIMUM CASSELBERRY LAKE MARY LONGWOOD SANFORD OVIEDO SEMINOLE COUNTY $29,064 $27,518 $29,000 $29,000 $30,000 $29,000 $42,268 $41,292 $42,000 $43,349 $44,627 $44,968 AVERAGE $28,930 $43,084 WINTER SPRINGS CURRENT $25,739 $37,322 CITY/CODY STUDY APPROVED $29,796 $43,204 FIRE UNION PROPOSED $28,377 $41,141 Illiililililllllilillllllillllllililiiiiillliiliillllllliiliiiiiiliiiiiliilililililililllllillililliiii'i1i1i1IIIilll'iliiilliliillilllliilllllliIII10i~ll':t~~~~I~~~~'lm~~~i'w~~:i~'~I~i'~'1 :. .': .:.:.:: ..... . ....:.: ':.' ::.:::. .......,. ::". .' 'FIREFIGHTER/PARAMEDIC" ." .. : :. .: .... . .' .,: .....:.... .::::;.:::i:::::::.i:i;':i::::::.:i.:.i:H::.:I:.::::i.'::;:;;.ii:::'(..::::':::' . .'::.:.::: :>:::::::':::::J.:::/.'; :.'.: : ::::. :::.::::.:.:...:':.::::.::..:.::::;: .::..:.:::..::,;:.... :::: ~~~~~~~~~~~~~~~~~Hj~n~~;~:~~~~~H:H~~~n~~~~~~~(n~~n~H~n~::':':::':':':';'::;':'.::;::::::::~:::;:::::::::' ...... . .. .):~;~:)~;~:::~;~~:~:~:~~~:~;;:~;;~;~;;~:: ::~~::;:::;::;';:;"'::::::::;';'>;'::;"':"":: ~ :.: ; ;.;.;.;.: : ..... .;:;~i~~:~~:~::~~:;~:~~~~:~:~~~~!~~.~:1:~:.;.:.~::,;:.:!...~~::.:.~:~..j.;.~:~.::~:...:::.:....:::.,: ';':~.: ',~:':'.: : :.~. .: :::~: ...;~;;~;~;~::<.::::~...~::::-~~!:;:~~;Y~~~~~~;~~~~~!~:~~T~~~~~n~1:T~i!~~:~i~::~:;~~::::~::~~:~!:::~::::::::. . ..... .' : . . . . :-;.:-::;:;.:-:::-:::' : : . . ; '. " .... :":.: :'; '.;:: .:: ::;:::;:::;:;:;:>:::;:;:;:;.:.;-:............... . '.' .. : .. ..' . ;. . . . .' . (MINIMUMS & MAXIMUMS INCLUDE INCENTIVE(S), IF ANY AGENCY MINIMUM MAXIMUM CASSELBERRY LAKE MARY LONGWOOD SANFORD OVIEDO SEMINOLE COUNTY WINTER SPRINGS $33,564 $33,916 $34,500 $35,370 $36,000 $34,500 $31,239 $46,768 $51,534 $47,500 $50,149 $50,627 $50,468 $42,822 AVERAGE $34,156 $48,553 WINTER SPRINGS CURRENT $31,239 $42,822 CITY/CODY STUDY APPROVED $35,269 $48,704 FIRE UNION PROPOSED $33,877 $46,647 :i:m:::mmm':m:m::i:::::i:i:i:!:i:!?I!!:i!:!i?!i!i !:imimmmi::i:mi:~~~;~,~~~e.i!.'~:'!:~.'::.'.~::Mi:.i,.:i.I~::;~!~~~i :'::i:i::.::::I::i:::iiiJ;~il~~~~i~~~'~~~:~~'~m'~' . ",:,' . . . .. ... :-:-:::::-;. .. . . . .. . . . ~~~!~H~H~H:~n: : ,. . ..: ...:::;:.;.;-:;:;::::: . . . . . ..'.. . :":': :'::,', ,': :.:.:.~:::'<':-:':::::...' .......... ....\.:.: :': ~.;::.~.::~:~'::..:: .... :?~~~~~~~i!~~U?U< ..... .. ;;::::::: :):~:~:::;:::::::>>: ... .... .. AGENCY MINIMUM MAXIMUM CLASSIFICATION CASSELBERRY $29,064 $42,268 None LAKE MARY $27,518 $41,292 None LONGWOOD $30,000 $45,000 Fire Engineer SANFORD $29,000 $44,649 None OVIEDO $30,000 $44,967 None SEMINOLE COUNTY $29,000 $44,698 None AVERAGE $29,097 $43,812 None WINTER SPRINGS CURRENT $28.377 $41,147 Firefighter/A.O. CITY/CODY STUDY APPROVED $31,286 $45,365 Firefighter/AO. FIRE UNION PROPOSED $32,850 $47,633 Firefighter/A.O. .::.:.::::::::::;:::. .::::::'.:: ...::....::::~:\<:':...:...:.:.::.:...:....:..:.:..:.:..:.::.:....:.:.::::::,.::::::.: '::::: : ':':.:.' ::::::,}/.:f::::.::H:::::'::::=::::;::::::/)"::. ::.=;::'i:<<.:~:....::.:,:::.:...: :: .. :: . . ..:.....:...... . . . ;:::::::::::::::::::::::::::::: ,.:-:.;<.;.;.:.;.:.;.;.;.:.;.;-:-:.;-:-:-:.:-:-: ..... ... . AGENCY MINIMUM MAXIMUM CASSELBERRY LAKE MARY LONGWOOD SANFORD OVIEDO SEMINOLE COUNTY $33,833 $33,459 $34,000 $32,640 $37,400 $35,440 $49,219 $50,203 $53,000 $48,790 $55,600 $55,364 AVERAGE $34,462 $52,029 WINTER SPRINGS CURRENT $32,850 $47,633 CITY/CODY STUDY APPROVED $36,218 $52,516 $55,141 FIRE UNION PROPOSED $38,028 [il[l;I!I;[![[I[[;![I[[!I!I[I:![!II[i[I[![l:[!@~~~I~~~1~~~l@~~I~~~!!~~;~~!~~~,~~i~,~~~~~~~~~~~r~!~~~r:l~]i:~:~:~"r:' . :...:.::.:::.....:...:.:...:.:.....:.. . ....: ::::::::::;::::-:-: : : ....... ',' . . . :.: : :.:.;:' ',',' ';';' ....:.:.;.. . '.;.: ::' . ..... '.' ',: ::' : ';',: ;.... :.' . : :'::.::':" ',' : . . , . . . . : : . '-:.: : : : ....: ....;..;..;.....;.......;...... :.'.: "':',::': . .",.... ':.::~.:. .... :.::::~:;:;::::';. .~.~::...~.:= ....:.: :':;:.:: :::.:.:-:::. ~..:... ........ ...... :::::::~:~. .. .'::.':::::::~:~::..:.: ~:::!..::.-:::;:;:::;:;.. . '.'. :::::::::::;::::::::~ .~.~.'.:.'.'.'.'.'.'.'.:.: . . . :.:.........:::~.;::::.~:;. :;'. ::"',..:. . :.:::. :: :';:: .-::~-:~:::-y<.;~ . ': ",;". ":';':';:: i. '.:' ~ ; ; ~ . . ~; :. : ..; [ ..:.[: .: :::. .,:' ,,' " .' .. :.:.:.i.::........::;::::. . . . . , '. . . .... ...... . ::::;;:::: ,... ... . ... .;.;.;.;.;.;.;.;.: .. ,...,. .... ., ...,..,.. AGENCY Chief Apparatus Operator and/or Sr. Lieutenant CASSELBERRY NO LAKE MARY NO LONGWOOD NO SANFORD NO OVIEDO NO SEMINOLE COUNTY NO WINTER SPRINGS CURRENT NO CITY PROPOSED NO FIRE UNION PROPOSED YES AGENCY LAST YEAR LAST FIVE YEARS CASSELBERRY 13% 15% LAKE MARY 0% 3% LONGWOOD 0% 7% OVIEDO 24% 20% SANFORD .3% 4% SEMINOLE COUNTY 2% 3% AVERAGE 7% 9% WINTER SPRINGS 0% 5% Note: Rates Exclude Disability and Normal Retirements :"ii'il':'I'i'i'I'ii:'lil,i"':'::,!i:iiiii'il'I"ililiiiiillliiiliiiliiiiliiliiiilllilllliiliiiiii!il:lillllllililllilill'llilllll!I!!lilllillilli~~i:'~~m~m~i:~~~!m,~~~i!~*~,,~i:~i~I'~f 11/lllillllll:II!llllil:lillliiil:lliilil:::I:!IIII:11!!I:!i:ili!llliillilllii!III!~~~tI~~:I~~~~~I:~!~I~~~~~~~Illillllili!:liiii:lliil:ili!!lllii::!'IIIII!I!!iliii111:liililill:i!:I:IIli:::i :"':":::':':::':'::::::::::::.::':'.':::':::'>>">":':":::::::. '::"'.": LlIEUTENANTS,.AND:BElJvW::,::.:', ":.:,.:,.,::".,,.:,.::.::.,:,::.,:.;..:::.:;,.,:::.,:.,,',:,:::::::::::.:,: """i'i'i'i'i'iH(H""';"HH",,,p,,,,nnnn"i,p"i'i";n':p,,,,,"PP'PP;P",Hi,'HP;!,""P"i;,:"pnnp",p"'IPP;!"'i'i'iPi;I:PP;'P'iPPP;I;,;p"PPHP'Hnn""",:p,p:,p:nn,p,pP"":iIi AGENCY AVERAGE YEARS OF SERVICE CASSELBERRY 8.4 LAKE MARY N/A LONGWOOD 10.7 SANFORD 6.5 OVIEDO 2.9 SEMINOLE COUNTY 9.1 AVERAGE 7.5 WINTER SPRINGS 8.0 City Impasse Resolution Exhibit 2.A. 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. ?:!:!:ii!i:!lii!!iiiiiiliii!iiiilil!i!i!il:!il!I!lilll!!iiiii!iil:!illlilliiiiiliiII:iliill~~~:~I~!;~~I~~~il~:;~~~i~:~iilililil~~i~m~i~~im~im,~ll~m~i,t,~I~~ .... ":.':~.: : ': :':::' :.: . : : '.: :... :" ;';.;.:-:.:.:':.' ; ".:'::'::: : . " : . . : . . : . . .: : :.::: . . ":':-:::'::::::::-:::-: . . .=:=::::::::::::::<::.:. : .: :.:.:..;.;:::::::.:....: : ;...... AGENCY EMPLOYEE CONTRIBUTION RETIREMENT BENEFIT CASSELBERRY LAKE MARY LONGWOOD SANFORD OVIEDO SEMINOLE COUNTY 0.50% 5% 1% 5% 7% 0% 3% 3% 2% 3.08% 2.19% 3% AVERAGE 3.08% 2.71% WINTER SPRINGS CURRENT 3% 3% City Impasse Resolution Exhibit 2.C. TITLE X. PUBLIC OFFICERS. EMPLOYEES. AND RECORDS CHAPTER 121. FLORIDA RETIREMENT SYSTEM PART 1. GENERAL PROVISIONS 121.0515. Special risk membership * * * (5) Credit for past service.--A special risk member may purchase retirement credit in the Special Risk Class based upon past service. and may upgrade retirement credit for such past service. to the extent of 2 percent of the member's average monthly compensation as specified in s. 121.091(1)(a) for such service as follows: (a) The member may purchase special risk credit for past service with a city or special district which has elected to join the Florida Retirement System, or with a participating agency to which a member's governmental unit was transferred, merged, or consolidated as provided in s. 121.081(1)(t), if the member was employed with the city or special district at the time it commenced participating in the Florida Retirement System or with the governmental unit at the time of its transfer, merger, or consolidation with the participating agency. The service must satisfy the criteria set forth in subsection (2) for special risk membership as a law enforcement officer, firefighter, or correctional officer; however, no certificate or waiver of certificate of compliance with s. 943.1395 or s. 633.35 shall be required for such service. (b) Contributions for upgrading the additional special risk credit pursuant to this subsection shall be equal to the difference in the contributions paid and the special risk percentage rate of gross salary in effect at the time of purchase for the period being claimed, plus interest thereon at the rate of 4 percent a year compounded annually from the date of such service until July 1, 1975, and 6.5 percent a year thereafter until the date of payment. This past service may be purchased by the member or by the employer on behalf of the member. City Impasse Resolution Exhibit 3.A. 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 management 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, assign, schedule employees in positions within the organizational structure of the Fire and Emergency Service, and, in the case of light 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; 1. 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; 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. Crease, 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 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. 3. Nothing herein shall be deemed a waiver of the Union's right, if any, to impact bargain under applicable law. . :':' ...... ......... . : ':'.. . . :. . .'. .: . . '. ,'.... ......:.....: :...:.. . : '.'.:.: ;:':::':: ~ ; ~ ; : ~ : ; : : : : : : : : : : : : : ; : : ~ : : : : : :: : : ::. . . . . . . : : . : .......:.:,:. .:.:.... '.' '.' , . . . '. . . AGENCY MANAGEMENT RIGHTS ARTICLE CASSELBERRY NO - TIA For New Contract LAKE MARY Not Unionized LONGWOOD YES SANFORD YES OVIEDO YES SEMINOLE COUNTY YES WINTER SPRINGS CURRENT NO CITY PROPOSED YES FIRE UNION PROPOSED NO City Impasse Resolution Exhibit 4.A. 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 City Impasse Resolution Exhibit 5.A. ARTICLE 14 EDUCATION 14.1 Commencing with the effective date ofthis article, the City shall reimburse employees upon completion for college credit and technical classes. The reimbursement shall equal 100% for a "A"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 technical study programs approved by the Fire Chief Reimbursement is also limited to course work in Fire Science, or Emergency Medical Services degrees 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. 14.3 Employees must reimburse the City 1 00% 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 equal 100% for reimbursement. 14.5 The parties agree to form a joint labor-management team to make recommendations to the Fire Chief regarding the classes and technical study programs that will be subject to reimbursement under this article. ""V1INTEJR SPRINGS P'ROFESSIONAL l~'j[REFIGHTERS lLOCAL 3296 P.O. Box 196700 \Vinter Springs, Florida 32719-6700 www.wspff.org lfg IE CC IE ill ~lE ti2D OCT 2 ~ 2002 s'ALr-- CITY OF VVINTER SPRINGS OFFICE OF THE CITY CLERK October 24, 2002 PRINCIPAL OFJB1CERS COREY GREEN President FIREFIGHTERS' POSTION STATEMENT ON ISSUES AT IMPASSE STEVE MOlLNAR (ISSUES AT IMPASSE FOR CONTRACT COVERING FY 2001-2002) Vice President JOHN QUINTEROS Secretary Overview When, as here, the City's Firefighters' and the City Manager reach impasse in ~:--,.gotiations for a contract, the City Commission is required under Florida Law with sitting as the "legislative body" and resolving the impasse issues. The contract language at issue relates solely to the contract covering fiscal year 2001-2002. Chronology · May 23, 2001: Firefighters notify City Manager of desire to bargain new contract. · September 30, 2001: Expiration of prior agreement. · October 31, 2001: First negotiation session. · December 18,2001: Second session. · February 28,2002 - Impasse declared. · March 22, 2002: Special Master appointed by State of Florida · May 28,2002: Special Master hearing cancelled at City's request. · April: Union proposes to "waive" special master hearing and proceed directly to City council; City declines. · July 8,2002: Bargaining session cancelled by the City. · August 15, 2002: City and Firefighters meet; City requests additional time to consider Firefighter proposal; August 20 special master hearing rescheduled at City's request. Affiliated with: INTERNATIONAL ASSOCIATION OF FlREFIGHTEJRS JFJoridaProfessionaJ Firefighters · September 3, 2002: City rejects Firefighter proposal. · September 18,2002: City agrees to Firefighters' proposal to waive special master hearing. · October 29: Legislative body hearing before the City Commission. Issues At Impasse The following articles remain open and at impasse: First Issue: Wages There are two interrelated wage (Article 39) issues: (1) the substance of the wage proposal, and (2) current language requiring that wages remain "frozen" after contract expiration. The Firefighters' proposal on wages (Article 39) is attached as "Firefighters' Wage Proposal". The City Manager has not submitted a written proposal; the wage article from the expired agreement is attached as "Wage Language From Expired Agreement". Firefighters'Substantive Wage Proposal The Firefighters propose the following substantive changes with respect to wages. . Article 39.1: A new merit system: o Merit Pay: 0% to 3% (replacing existing 0% to 6% system). o Merit Pay: Performance Rating Scale (see attachment). . Article 39.1: 3% cost of living adjustment effective October 1, 2001. . Article 39.4: 5% paramedic preceptor incentive. . Article 39.5: Vacation time treated as "time worked" for overtime calculation purposes. . Article 39.6: Two new ranks: (1) Chief Apparatus Operator, and (2) Senior Lieutenant/Captain. . Article 39.6: Wage range and compression adjustments. o Pay Ranges: "Effective October 1, 2001 the following pay ranges will take effect. FirefighterlEMT (25) 28,377 - 41,147 Firefighter/A.D. (28) 32,850 - 47,633 Chief Apparatus Operator (29) 34,493 - 50,015 Fire Lieutenant (31) 38,028-55,141 Sr. Lieutenant/Captain (32) 39,930 - 57,899" o Wage compression adjustments: "2% per year of new base pay grade for past years in current grade. Deletion of Language Freezing Wage Rates The Firefighters propose to delete 39.1 in the expired contract. That language provides: "Any pay increases after October 1, 2001, are subject to the parties agreeing to same and if no agreement is reached, the employees' salaries will remain frozen at their September 30, 2001 rate until a new collective bargaining agreement is reached." This language, while the Firefighters and the City may voluntarily agree to it, cannot be taken to impasse (as the City apparently has done), and may not be legislatively resolved by the Commission. Second Issue: Pension With respect to Article 38, Pension, the Firefighters' propose a 3% multiplier for all time with the department. At present, service prior to October is at the 2% multiplier. The Firefighters' proposal is attached as "Firefighters' Pension Proposal". The City Manager has not submitted a written proposal; the pension article from the expired agreement is attached as "Pension Language From Expired Agreement". Third Issue: Management Rights The City Manager proposes a so-called "Management Rights" article, denoted "Article I"; a copy of said proposal is attached. It is the Firefighters' position that Section 447.209, Florida Statutes already sets forth the "rights" of the City. Moreover, while the Firefighters and the City may voluntarily agree to language of the type proposed by the City Manager, such language cannot be taken to impasse (as the City apparently has done), and may not be legislatively resolved by the Commission. Fourth Issue: Shift Swaps As is traditional in the fire service, firefighters "swap" or exchange shifts, or portions of shifts with other firefighters. At present, such swaps occur, "with the Shift Commander's written approval, and administrative approval" for periods of four (4) hours or more. The Firefighters propose to permit swaps, subject to the same approvals, for periods of not less than one hour. The Firefighters' proposal (Article 11) is attached as "Firefighters' Shift Swap Proposal". The City Manager has not submitted a written proposal; the shift article from the expired agreement is attached as "Shift Swap Language From Expired Agreement". Fifth Issue: Tuition Reimbursement To enhance educational opportunity, the Firefighters propose to permit tuition reimbursement for "technical classes" in "approved programs for technical studies", subject to the current limitations that (1) the coursework be limited to "Fire Science, or Emergency Medical Services subjects" and (2) prior "approvals from supervisors". At present, tuition reimbursement is available only fore "college" courses, and not for technical coursework such as "extrication", "ropes", and so forth. The Firefighters' proposal (Article 14) is attached as "Firefighters' Education Proposal". The City Manager has not submitted a written proposal; the education article from the expired agreement is attached as "Education Language From Expired Agreement". Conclusion For the reasons stated herein, and on the basis of the further argument and evidence presented at the legislative body hearing, the City of Winter Springs Firefighters respectfully urge acceptance of their position on each of the articles at impasse. ;' <. ARTICLE 39 FIREFIGHTERS' WAGE PROPOS,AL 'VAGES 'I 39.1 For fiscal vear 200 1-2002. ~mD10vees shall be awarded merit incr~as~s orone oercent (I % I to a maximum of three oercenr (3~(o) in accordance \v;th the attached Perfonnance Ratin~ Scale. The merit increase \\;ill be based unGn th~ nerformance evaluations conducted on the em lovee's anniversarY dat~. Additionallv. for fiscal vear 200 1-2002 emo]ovees \\:;11 be mven a three oercent (3%) cost oflivin!l adiustment on Octob~r 1. 2001. 39.2 For fiscal vear 2001-2002, employees shall receive th~ same Christmas bonus that is afforded to the General Employees of the City. 39.3 Effective October 26,2000. emolo'iees who are Paramedic certified \vill receive 55.500.00 ~r vear for Paramdic incenri\'e Delict Jt 2.;-; nou:->.. r:lre ofS1SSSi. Ovcilim.e will be p.::.:d Oil the hourly rate subject to FLS.-\ regui:.l~ions Tr.e ?2.f:lmedic iccemive hol.:;;:: r:;.:e \\~l[ no, ce subject to salary increases based on the eva! uation system. Paramedic incentive is available to all employees who maintain their paramedic certification, and \\;ill function in th~ capacity \vhen required. 39.4 Effective October 1, 2001 paramedic preceptors \vill receive five percent (5~'o), or an additional '1.2 hours, for each shift they perform that function. 39.5 Effective October 1, 2001 any vacation time utiliz~d \vi1\ not dfect employees FLSA overtime calculations. 39.6 Effective October 1, 2001 the following pay ranges will take effect. .Firefighter/EW (25) 28,377-41,147 . Firefighter/A.O. (28) 32,850-47,633 Chief Apparatus Operator (29) 34,493-50,015 Fire Lieutenant (31) 38,028-55,141 Sr.Lieutenant/Captain (32) 39,930-57,899 All adjustments to the ranges shall have equal effect on current employees in th<rt range to avoid salary compression. 2~'o per year ofne\\" base pay grade for past years in current gr~de. Union Proposal 12-01 ," 1 'i ~I Unsatisfactory 0% (~- Performance Rating System Current Scale 0-1. 0 1.1-2.94 Meers Standards 2% Exceeds Standards 4% Unsatisfactory 0% 2.95-3.54 Proposed Scale 0- 1.0 1.1-:U5 \ [eers Standards 1 % Ex:eeds Standards 2% 2.56-3.39 .- Exceptional 6% 3.55-4.0 Exceptional 3~o 3.4-4.0 3% Cost ofIiving adjustment on Employee anniversary date and 1-3% Merit increase City to fund 6%, not current 4% i WAGE LANGUAGE FROM EXPIRED AGREEMENT ARTICLE 39 ";AGES 39.1 For fiscal year 1999-2000. emplovees shall be awarded merit increases of zero percent (0%) to a maximum of six l'ercentf6%) in accordance with the Citv's emplovee evaluation system (0%.2%.4%. or 6%). and using the salary ranges in place as of October 1. 1999. The merit increase will be baseq upon the performance evaluations conducted on the employee's anniversarY date. For fiscal year 2000-2001. the CitY will implement the Cody Study as planned bv the CitY. Additionallv. for fiscal vear 2000-2001. employees shall be awarded merit increases of zero percent (0%) to a maximum of six percent (6%) ip. accordance with the City's employee evaluation system (0%. 2%. 4%. or 6%). and using the salarY ranges implemented in accordance with the Cody Study. Anv pay increases after October 1. 2001. are subiect to the parties am-ceing to same and if no agreement is reached. the employees' salaries will remains frozen at thei r Sectember 30.200 I rate until a nc\v collective bargainin~ agreement is reached. 39.2 For fiscal years 1999-2000 and 2000-2001, employees shall receive the same Christmas bonus that is afforded to the General Employees of the Ciry. 39.3 Effective October 1, 1998, employees agree to eliminate Paramedic incentive payments of $150.00 biweekly for a total of $3,900.00 per year for a Paramedic incentive hourly rate of $1.3393. Effective October 26.2000. employees who are Paramedic certified will receive $5.500.00 per year for Paramedic incentive paid at an hourly rate of$I.8887. Overtime will be paid on the hourly rate subject to FLSA reg\llations. 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. 39.4 Effective October 1. 1999, and ending September 30.2000. emplovees with five (5) or more years of service will receive a 2% percent salary adjustment on the emplovee's evaluation anniversary. The 2% percent adiustment will be added to the amount of merit increase for fiscal year 1999-2000onlv. 45 CITY MANAGERS' "MANAGEMENT RIGHTS" PROPOSAL .. .t ARTICLE 1 M.-\~AGE~[E0iT RIGHTS [. Except as specifically restricted by th~ provisions of this Agreement, the Cicy has the sole and exclusive right to manage and direct an/and all of its op~rJtions. Accordingly, the City specifically, but not by \vay of limitation. reserves the sole and exclusive right to: A. Determine the purpose and organintional 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 services to be offered to the public: - D. Change, modify or alter the composition and size of the \vork force, including the right to relieve employees from duties because of lack of work, lack of funds, or other management reasons w'hich 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, assign, and schedule employees in positions within the organizational structure of the Fire and Emergency Service, and, in the case ofIight duty, anywhere within the organizational structure ofthe City; . H. Change or modify the number, types, and grades of positions or employees assigned to an organization, unit, division, department, or project; 1. Decide the scope of services; 1. Test, hire, examine, classify and/or otheI"\vise determine the criteria and standards of selection for employment; , K. Fire, demote, suspend or otheI"\vise discipline bargaining unit employees; L. PiOmote and/or otherwise establish criteria and/or procedures for promotions within and without the bargaining unit, and determine 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; M. Recall employees in accordance with City policies; j i' N.,.. Detennine the starting and quitting time and the number of hours and shifts to be worked; o. Detennine the allocation and content of job classifications; and determine all training parameters for all positions, including persons to be trained and the nature, extent and frequency 0 f training; '- P. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or permanently, in whole or in part, \vhenever in the sole discretion of the City; ... Q. Contract and/or subcontract any existing or future \vork; . R. Create, expand, reduce, alter, combine, assign, or cease any job; s. Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; T. 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; U. Determine the maintenance procedures, materials, facilities, and equipment to be used, and introduce new or improved services, maintenance procedures, materials, facilities and equipment; V. Take whatever action may be necessary to carry out the mission and responsibility of the City in unusual and/or emergency situations; W. Maintain the efficiency of the operations of the Department; X. Formulate, amend, revise, delete and/or implement any and rules, regulations, policies, procedures, and practices; Y. 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; Z. Have complete authority to exercise those rights and pow'ers which are incidental to the rights and powers enumerated above. 2. The above rights of the City are not all-inclusive, but indicate the type of matters and ~ rights which belong to and are inherent in the City. Any of the rights, powers, and authority that the City had prior to entering into this collective bargaining agreement are retained by the City. 3. 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. 4. Should the Union desire to assert the right, if any, to engage in impact bargaining over the City's exercise of a management right, the Union will provide the City with written notice of its desire, prior to the effective date of the City's action, and shall identify with specificity any and all negotiable impacts. A request to impact bargain will not delay the implementation of the City's action. Conversely, the implementation of the City's action shall not act as a bar to negotiations or impasse resolution. 5. If, in the sole discretion of the City Manager, or in his absence the City official so designated by law to act in his absence, it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricane conditions or similar catastrophes, the provisions of this Agreement may be suspended during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 447.209 Public employer's rights. It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation. HISTORY: s. 3, ch. 74-100. FIREFIGHTERS' PENSION PROPOSAL Article 38 Proposal Article 38.2 added to retroactively implement a three (3%) percent qualifier per year of service to employees prior to October I Sl 2000, \vhich is currently at t\\'o (2%) percent. Seeks to provide equal pension benefits for all City employees since their date of hire. This would enable long tenured employees a comfortable pension benefit upon retirement equal to that which employees hired after October 1st 2000 \-vouId receive. Cost. In June of 2000 the cost to implement this retroactivity \vas determined to be four (4%) of employee salary. Several long-term employees retired prior to October I sl 2000 to collect lump sum payments or relocated to different municipalities. This reduces the cost to implement retroactivity below four (4%). PENSION LANGUAGE FROM EXPIRED AGREEMENT ARTICLE 38 RETIREMENT AND PENSION PLA:'l 38. t The union accepts the changes in the City Retirement System as authorized by the City Commission on July 24. 2000. 44 FIREFIGHTERS SHIFT SWAP PROPOSAL ARTICLE 11 Proposed 12/01 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 fonn (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 of less than one (I) hour. 11.4 Employees must shift swap with employees of the same job classification. 11.5 The completed Shift Swap fonn 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 fonn 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. SHIFT SWAP LANGUAGE FROM EXPIRED AGREEMENT ARTICLE 11 SH1FT 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. t 1.3 In no case shall a shift swap be made for a period of less than four (4) hours. IIA Employees must shift swap with empioyees of the same job classification. 11.5 The completed Shift Swap form must be sl.:bmitted 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. 12 FIREFIGHTERS EDUCATION PROPOSAL ARTICLE 14 Proposed 12/01 EoveA TION 14.1 Effective October 1, 200 I the City shall reimburse employees upon compktion for college credit and technical classes. The reimbursement shall equal 100% for a "C" or above letter grade and rei mbursement of up to S 1 00.00 per class for books. Reimbursement for colk~e and technical classes is limited to State Institutions and approved program; for technical studTe-s~ -Seminole Community College. University of Central Florida, etc. 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 It is agreed that ajoint labor-management team would specify and agree on classes included for financial re-imbursement, step increases for classes and/or certifications. 14.2 Probationary'employees are not eligible for tuition assistance. 14.3 Employees must reimburse the City 1000.0 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 pennitted to receive the amount that would equal 100% for reimbursement. EDUCATION LANGUAGE FROM EXPIRED AGREEMENT ARTICLE 14 EDUCATION 14.1 Effective October 1, 1998 the City shall reimburse employees upon completion for college credit 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 classes is limited to State Institutions, e.g. Seminole Community College, University of Central Florida., etc. Reimbursement is also limited to course work in Fire Science, or Emergency Medical Services degrees. 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. 14.3 Employees must reimburse the City 100~i-o of tuition and book fundsthcy have received from the Ciry for the past one-year period at termination of employment. 14.4 Employees receiving Grants, Scholarships, and assistance for t'~irion are only pelmitted to receive the amount that would equal 100% for reimbursement. C ~r r L- ~ (~ 15 -;, Sent By: BAOWN,WAAO,SALZMAN&WEISS,P.A.; 407 425 9596; Oct.17.02 6:12PM; Page 1 Brown, Ward, Salzman & Weiss, P.A. 2 25 Ea~/ Robin.,oll Slru/- Suite 660 PO.H Office Box 2873 Orlando. Florida 328(J2-}~7 3 (40~) 425-9566 (407j 425.9596 fax agarglUU: sc@orlandolaw.nel Dale: October 17, 2002 To: Andrea f,orenzo-Luaces, C;ty Clerk City afWinter Springs Fax: 407-327-4753 From: Anthony A. Garganese, Hsq., Cily Attorney Pages (including Ihis one): 4 File: Firefighter's Union -Impasse Hearing CIty of Winter Springs - Our File No.1 193 ~r there are any questions regarding th is fax, please call 407/425-9566. Th" faCr/11t'/4 me!:,ogr: is allorneylc/lellt privik;:~ mCJ(",io/ and IS, accordingly. conJidtuwaL Thi! me....age Is Intend"d only f'" the Individual 0' entity Ilamed Dbov.. Iflh. NCS'IJlI, n[thl. m"..o/:" i. no' t~ Intended recipient. picou be uclvi,'"d that any dlrumlnutian. d'-'mbuf/oll. 0' copyillg ofthit commu/lICCJticm illlricrIJll'rnhtOltr.,]. If you haW! 1'OI:~I~d Ihir corntmmtcorl"" in error. pleole nf)(1[y us by teJeplu)nd ImmeJiCJI/;i}' Gnd reCllrn lite ori.glnal meuogc I(J eithe, .Q!>a~ address via ch6 I :'S. Unil. 1i"'nJc y01l. COMA1bNTS' Please distribute copies to the Mayor and City Commission. If you have any questions regarding your role in this matter, please call ;- Sent By: 6ROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Oct-17-02 6:12PM; Page 2/4 BRO\X1N, \)V'i\.RD, Sl\.LZ:rvL'\N & \VEISS, P.~A. Att(mz~/J at 1 .am Usher L. Brown ' Suzanne O'AgrestaD Anthony A. Garganece" Gary S. Salzm;lno .fohn H. Ward · Jeffrey S. Weiss Office, Ul Orl3..0do. Ki.\~lIntnec. Cocua & Vier,l Debra S. Babb Jeffrey P. Buak John U. Bi8denharn, Jr. JOSeph E. Blitch Scott 0 Danahy Jcnnir&r A Mlct,ael Todd K Norman Vincent E. Scar1atos . 'Board Certifiod CIvil Trial Lav,yer cB03rd Certlned Busintl99 Llligation L3wyer "Board Certified City, County B. Local Government Law Erin J. O'Leary Of CounsQ/ October 17, 2002 Via Facsimile and U.S. Mail Jeffrey E. Mandel, Esquire Citrus Center, Suite 1525 255 S. Orange Avenue Orlando, Florida 32801 Richard P. Siwica, Esquire Egan, Lev & Siwica P. O. Box 2231 Orlando, Florida 32802 Re: Firefighter's Union - Impasse Hearing City of Winter Springs lOur File No. 1193 Gentlemen: I am writing to confirm our telephone conversation today during which we agreed on the following procedure for the October 29, 2002 impasse hearing before the city commission of Winter Springs at 6:30 p.m. 1. Written Materials. All proposed contract articles, recommendations, and supporting written materials ("Written Materials") for settling the disputed Impasse issues will be submitted by 3:00 p.m., Thursday, October 24, 2002. Eight (8) copies of the Written Materials shall be delivered to the office of the city clerk, whose address is 1126 East State Road 434, Winter Springs, Florida 32708. One (1) copy shall also be delivered to me at my address listed below. Further, each side shall provide the other with a copy of their Written Materials. Your respective Written Materials will be promptly delivered to the mayor and city commission by the city clerk so that they have ample time to prepare for the hearing. Additional Written Materials may be submitted at the hearing, but such additional materials should be kept to a minimum. It is to your benefit to submit your Written Materials by ns East Robinson Street, Suite SEO. PO. Box 2873. Orlanc:o, Florida 32802-2673 Orlando (407) 425-9566 FaIC (407) 425-9596. Kissimmee (321) 402-0144. Cocoa & ViOl":! (866) 425.9566 Webslte: 'M\'W.orlandolaw.net . Emali: tlrm@orlandolaw.ne! / / Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Oct-17-02 6:12PM; Page 3/4 Jeffrey E. Mandel, Esquire Richard P. Siwica, Esquire October 17, 2002 Page 2 the deadline so as to give the mayor and the city commission enough time to carefully review and consider them. 2. Presentation and Time Limits. A. As outlined below, the presentation to the city commission shall be on an article-by-article basis using the time allocated. B. The union shall present each article first and may reserve a maximum of five (5) minutes out of the allocated time for rebuttal. Rebuttal shall be limited to the specific arguments raised during management's presentation and shall not be used to make new arguments. C. The order and allocated time by which each article will be presented is as follows: (i) (ii) (i i i) (iv) (v) Wages Pension Benefits Management Rights. Shift Exchanges. Tuition Reimbursement" Twenty (20) minutes each side Fifteen (15) minutes each side *Each side shall be given ten (10) minutes total to address (iii), (iv), and (v). D. Upon completion of the presentations by the union and management, the public will be permitted to speak. Pursuant to the city commission's policy, I anticipate that the city commission will allocate a total of thirty (30) minutes for public input. The time allocated to each speaker will depend on the number of people desiring to speak, but in no case shall anyone person receive more than three (3) minutes. Irrelevant and repetitious comments will not be allowed. E. After the mayor closes the public hearing, the city commission will deliberate and take such action as it deems in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues. 225 East RobInson Stroel, Suite 680. P.O. BOll 2873 . Orlando, Florida 32002-2873 Orlando (407) 42S-Q56S Fall (407) 425.Q596 . K1GGlmrnoe (321) 402~144 . Cocoa & Vlelll (866) 425-a500 Website: \WNJ.ooandOlaw.net . Email: firm@orl3l.ldolaw.net .--/" , Sent By: BROWN,WARO,SALZMAN&WEISS,P.A.; 407 425 9596; Oct-17-02 6:12PM; Page 4i4 Jeffrey E. Mandel, Esquire Richard P. Siwica, Esquire October 17, 2002 Page 3 I trust this letter confirms our agreement. This procedure should facilitate an orderly and efficient impasse hearing. Should either of you have any questions, please do not hesitate to call. Anthony A. arganese City Attorney ------ AAG:jf cc: Mayor and City Commission (via City Clerk) City Manager