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HomeMy WebLinkAboutWinter Springs Professional Firefighters Association 93-94RECEIVED AGREEMENT WIN 1 toy between DEPART MENI CITY OF WINTER SPRINGS, FLORIDA and WINTER SPRINGS PROFESSIONAL FIREFIGHTER'S ASSOCIATION LOCAL 3296 10/1/93 - 9/30/94 o R/c_.� - /,;Z�/ q, A n 9/15/93 TENTATIVE AQREE ENT C13 LAW OFFICES NOV 17 1pn� HONIGMAN MILLER SCHWARTZ AND COHN � 390 NORTH ORANGE AVENUE �I�i of yr`IvT SUITE ER SPRINGS CITY MANAGER ORLANDO, FLORIDA DA 3 32801.2448 NANETTE M. BERNADOU TELEPHONE (407) 6480300 Legal Assistant TELECOPIER (407) 648.1155 WEST PALM BEACH, FLORIDA TAMPA, FLORIDA DETROIT, MICHIGAN LANSING, MICHIGAN HOUSTON, TEXAS LOS ANGELES, CALIFORNIA November 17, 1993 VIA HAND DELIVERY Mary Norton, City Clerk City of Winter Springs - 1126 East State Road 434 Winter Springs, Florida 32708 Re: Final Agreement - Firefighters 93 -94 Dear Mary: Enclosed are two final agreements ready for signature. Once the signature pages have been executed one complete copy of the Agreement should be provided to the Union and the other copy is for City records. At your convenience I would like a copy of the fully executed signature page for my files. Should you have any questions, please feel free to call me. NMB /kc Enclosures Sincerely, HONIGMAN MILLER SCHWARTZ AND COHN x4wz' /'/ Nanette M. Bernadou Legal Assistant PE -I "E NOV 1 l 1993 WINi .as November 17, 1993 VIA HAND DELIVERY Mary Norton, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Final Agreement - Firefighters 93 -94 Dear Mary: Enclosed are two final agreements ready for signature. Once the signature pages have been executed one complete copy of the Agreement should be provided to the Union and the other copy is for City records. At your convenience I would like a copy of the fully executed signature page for my files. Should you have any questions, please feel free to call me. Sincerely, HONIGMAN MILLER SCHWARTZ AND COHN Nanette M. Bernadou Legal Assistant NMB /kc Enclosures C111; Eel E� � LAW OFFICES FFICES NOV 7 �pp� �Y Y �7JJ HONIGMAN MILLER SCHWARTZ AND COHN 390 NORTH ORANGE AVENUE C1�i of tiJIiJTER SPRINGS SUITE 1300 CITY MANAGER ORLANDO, FLORIDA 32801.2448 DA 3 NAN ETTE M. BERNADOU TELEPHONE E (407) 640300 /(gal Assistant TELECOPIER t407) 648.1135 WEST PALM BEACH, FLORIDA TAMPA, FLORIDA DETROIT, MICHIGAN LANSING, MICHIGAN HOUSTON. TEXAS LOS ANGELES. CALIFORNIA November 17, 1993 VIA HAND DELIVERY Mary Norton, City Clerk City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708 Re: Final Agreement - Firefighters 93 -94 Dear Mary: Enclosed are two final agreements ready for signature. Once the signature pages have been executed one complete copy of the Agreement should be provided to the Union and the other copy is for City records. At your convenience I would like a copy of the fully executed signature page for my files. Should you have any questions, please feel free to call me. Sincerely, HONIGMAN MILLER SCHWARTZ AND COHN Nanette M. Bernadou Legal Assistant NMB /kc Enclosures AGREEMENT between CITY OF WINTER SPRINGS, FLORIDA and WINTER SPRINGS PROFESSIONAL FIREFIGHTER'S ASSOCIATION LOCAL 3296 10/1/93 - 9/30/94 11/93 FINAL Aj=EM;NT 8484.3 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 S ARTICLE 8 . . . . . . . . 9 WORK RELATED INJURY LEAVE ARTICLE 9 . . . . . . . . . . . . . . . . . . . . . . . . . . 10 WORK SCHEDULE ARTICLE .10 . . . . . . . . . . . . . . . . . . . . . . . . . 11 REDUCED ACTIVITY PERIOD ARTICLE 11 . . . . . . . . . . . . . . . . . . . . . . . . . 12 SHIFT SWAPS ARTICLE 12 . . . . . . . . . . . . . . . . . . . . . . . . . 13 WORKING IN OR OUT OF HIGHER CLASSIFICATION ARTICLE 13 . . . . . . . . . . . . . . . . . . . . . . . 14 UNIFORMS /EQUIPMENT ARTICLE 14 . . . . . . . . . . . . . . . . . . . . . . . . . 15 EDUCATION ARTICLE 15 . . . . . . . . . . . . . . . . . . . . . . . . . 16 VACATION LEAVE 11/93 FINAL AGREEMENT 8484.3 i ARTICLE 16 . . . . . . . . . . . . . . . . . . . . . . . . . 17 SICK LEAVE ARTICLE 17 . . 18 AUXILIARY SICK LEAVE ARTICLE 18 . . . . . . . . . . . . . . . . . . . . . . . . . 19 MILEAGE ALLOWANCE ARTICLE 19 . . . . . . . . . . . . . . . . . . . . . . . . . 20 HOLIDAYS ARTICLE 20 . . . . . 21 BEREAVEMENT LEAV 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 ARTICLE 26 . . . . . . . . . . . . . . . . . . . . . . . . . 29 CALL -BACK PAY (RECALL) ARTICLE 27 . . . . . . . . . . . . . . . . . 1 30 WORKER'S COMPENSATION RESTRICTED DUTY POLICY 27.1 RESTRICTED DUTY AND LINE OF DUTY INJURY 30 27.2 APPLICATION FOR RESTRICTED DUTY 31 27.3 ADMINISTRATION 31 27.4 DURATION 31 27.5 RESTRICTIONS WHILE ON RESTRICTED DUTY 32 27.6 REQUIREMENTS TO REMAIN IN AUTHORIZED LEAVE STATUS 32 27.7 MANAGEMENT DISCRETION 32 27.8 LINE OF DUTY 33 27.9 RESTRICTED DUTY ALLOCATION 34 11/93 FINAL AGREEMENT 8484.3 ii ARTICLE 28 . . . . . . . . . . . . . . . . . . . . . . . . . 35 VOTING ARTICLE 29 . . . . . . . . . . . . . . . . . . . . . . . . . 36 MILITARY LEAVE ARTICLE 30 . . . . . . . . . . . . . . . . . . . . . . . . . 37 JURY /WITNESS DUTY ARTICLE 31 . . . . . . . . . . . . . . . . . . . . . . . . . 38 SENIORITY ARTICLE 32 . . . . . . . . . . . . . . . . . . . . . . . . . 39 PERSONAL PROPERTY REPLACEMENT ARTICLE 33 . . . . . . . . . . . . . . . . . . . . . . . . . 40 LIFE INSURANCE ARTICLE 34 . . . . . . . . . . . . . . . . . . . . . . . . . 41 ANNUAL PHYSICAL ARTICLE 35 . . . . 42 LABOR /MANAGEMENT CONFERENCE ARTICLE 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 OUTSIDE EMPLOYMENT ARTICLE 37 . . . . . . . . . . . . . . . . . . . . . . . . . 44 COMPENSATION UPON SEPARATION ARTICLE 38 . . . . . . . . . . . . . . . . . . . . . . . . . 45 RETIREMENT AND PENSION PLAN ARTICLE 39 . . . . . . . . . . . . . . . . . . . . . . . . . 46 WAGES ARTICLE 40 . . . . . . . . . . . . . . . . . . . . . . . . . 47 SAVINGS CLAUSE ARTICLE 41 . . . . . . . . . . . . . . . . . . . . . . . . . 48 DURATION 11/93 FINAL AGREEMENT 8484.3 iii 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 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. 11/93 FINAL AGREEM= 8484.3 1 ARTICLE 2 RECOGNITION 2.1 The City of Winter Springs recognizes the Union's status by virtue of its certification by the Florida Public Employees Relations Commission in Case No. 8H -RC -90 -034, and as a consequence thereof, the City recognizes the Union as the exclusive collective bargaining representa- tive 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 firefighters. 11/93 FINAL AGREEMENT 8484.3 2 ARTICLE 3 DUES DEDUCTION 3.1 The City agrees upon the receipt of a Union dues deduc- tion 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 deduc- tion. 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. 11/93 FINAL AGREEMENT 8484.3 3 ARTICLE 4 PLEDGE AGAINST DISCRIMINATION 4.1 The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimi- nation as to age, sex, marital status , race, color, creed, national origin, union affiliation, religious affiliation or political affiliation. The Union shall share equally with the City the responsibility for applying this provision of the Agreement. 4.2 All reference to employees in this Agreement designates both sexes and whenever the male gender is used it shall be construed to include male and female employees. 4.3 If, and in the event, an employee elects to seek remedy for alleged discrimination by the filing of a lawsuit in a County, Circuit or Federal Court, or a complaint with EEOC, 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. 11/93 FINAL AGREEMENT 8484.3 4 ARTICLE 5 BULLETIN BOARDS 5.1 The City shall allow the placement of a bulletin board in an easily accessible agreed upon location in each Fire Station. Union notices relating to the following matters may be posted without the necessity of receiving the Fire Chief's prior approval: 5.1.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; 5.1.F. Reports of nonpolitical standing committees and independent nonpolitical arms of the Union; 5.1.G. Nonpolitical publications, rulings or policies of the Union; and, 5.1.H. Minutes of Union Meetings. 5.2 All notices of any kind, except those cited in Section 5.1, must receive prior approval of the Fire Chief, or his designee. 5.3 Bulletin boards must not exceed 36" x 36" at each Fire Station. 5.4 Neither the Union nor employees shall post any material that is political in nature or critical /derogatory of the City, its officials, agents or employees. 11/93 FINAL AGREEMOM 8484.3 5 ARTICLE 6 RULES AND REGULATIONS 6.1 Rules and Regulations for the purpose of this Agreement shall be defined as and include: Winter Springs Fire Department Rules and Regulations, General Orders, Special Orders, Winter Springs Personnel Policies and Procedures, and Technical and Procedural Information Recording systems, Directives or any memorandum or other document affecting terms or conditions of employment. 6.2 The Union agrees that its members shall comply with all Fire Department Rules and Regulations, including those related to conduct and work performance. No disciplinary action will be taken for violation of a posted Rule or Regulation until the employee has completed one duty shift after posting. 6.3 If in the sole discretion of the Mayor or City Manager, or in their absence the City official so designated by law to act in their absence, it is officially declared that civil emergency conditions exist, including but not limited to riots, civil disorders, 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. 11/93 FINAL AGREEMENT 8484.3 6 7.1 Layoff 11/93 FINAL AGREEMENT 8484.3 ARTICLE 7 PERSONNEL REDUCTION 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 off who had advanced to his present classification from a lower classification in which he held a permanent appointment, shall be given the opportunity to displace a less senior employee in the lower clas- sification in the same department. An employee may not "down bump" another employee unless he has performed the lower level classification job on a regular basis as evidenced by his personnel re- cords. 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 of layoff or for a period of twelve (12) months thereafter; subject to the employee's abili- ty to perform duties of the vacancy sought. Recall a. Employees in layoff status will retain recall rights for twelve (12) months and will have prefer- ence to work over applicants on eligibility lists. Recall will be made by certified mail to the last address in the employees 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 of returning 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. 7 C. When employees are recalled from layoff, the em- ployees with the greatest department seniority shall be recalled in order of their seniority. 7.2 Consolidation or Elimination of Jobs 11/93 PZNAL AGREEMENT 8484.3 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 machin- ery, the development of new facilities or for any other reason) will be reassigned to another position or a vacancy in equal pay status in accordance with the seniority principle, subject to the employee's ability to perform duties of any position sought. 8 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. 11/93 FINAL AGREEMENT 8484.3 9 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. 11/93 FINAL. AGREEMENT 8484.3 10 ARTICLE 10 REDUCED ACTIVITY PERIOD 10.1 The use of beds will be permitted as determined by the Shift Commander and /or his designee. 11/93 FINAL AGREEMENT 8484.3 11 ARTICLE 11 SHIFT SWAPS 11.1 Shift employees may voluntarily swap a shift for personal reasons with another employee subject to their Shift Commanders written approval, and administrative approval, provided there is no conflict with a pre - planned depart- mental 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 of less 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 96 hours in advance. 11.6 Shift swaps shall be paid back within fourteen (14) calendar days. 11.7 The appropriate form must be completed for each shift swap occurrence. 11.8 Shift swaps may be used in lieu of, in conjunction with, immediately prior to, or immediately following vacation time, by either party. 11.9 Shift swaps shall not be granted in order that either party shall receive benefit due to approved holidays or other conditions that would otherwise be financially advantageous to either party. 11/93 FINAL AGREEMENT 8484.3 12 ARTICLE 12 WORKING IN OR OUT OF HIGHER CLASSIFICATION 12.1 A firefighter temporarily serving in a position out of their classification assigned by the Fire Chief or his designee, shall be compensated at the rate of ten dollars ($10.00) per shift after the completion of three (3) full consecutive twenty -four (24) hour shifts. 12.2 A firefighter serving in a position out of their classi- fication assigned by the Fire Chief or his designee for completion of three (3) full consecutive shifts shall receive such compensation retroactive to the first shift. 12.3 No firefighter shall be entitled to a higher rate of pay as a result of assuming a position of a higher classifi- cation due to a shift swap. 11/93 FINAL AGREEMENT 8484.3 MCI ARTICLE 13 UNIFORMS /EQUIPMENT 13.1 All uniforms, 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: 13.3 13.4 11/93 FINAL AGREEMENT 8484.3 13.2.1 3 - Trousers 13.2.2 3 - Dress Shirts 13.2.3 1 - Jacket with removable liner 13.2.4 1 - Pair standard color uniform shoe or boot 13.3.4 1 - (style of shoe /boot as approved by the 13.3.5 1 - Fire Chief, or his designee; not to ex- 13.3.6 1 - ceed the established dollar limit) 13.2.5 1 - Uniform Belt 13.2.6 1 - Name tag with "Serving Since" plate (of- 13.3.7 1 - ficers only: 1 - set collar brass) The specific "equipment" items to be furnished by the City shall consist of the following: 13.3.1 1 - Pair of protective Bunker pants with suspenders 13.3.2 1 - Protective Bunker coat 13.3.3 1 - Protective Helmet with eye shields 13.3.4 1 - Protective Bunker boots and gloves 13.3.5 1 - Protective nomex hood 13.3.6 1 - Personal pocket resuscitator mask; must be carried with the individual at all times. 13.3.7 1 - Identification card The City will assure that sufficient numbers of safety glasses and ear protection are on apparatus. 14 ARTICLE 14 EDUCATION 14.1 The current City policies and procedures shall remain in effect for the term of this Agreement. 11/93 FINAL AGREEMENT 8484.3 15 ARTICLE 15 VACATION LEAVE 15.1 The current policies and procedures regarding annual leave (vacation) shall remain in effect for the term of this Agreement. 15.2 Vacation may be taken in increments of not less than one full twenty -four (24) hour shift. 11/93 FINAL AGREEMMiT 8484.3 16 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. 11/93 FINAL AGREENM 8484.3 17 ARTICLE 17 AUXILIARY SICK LEAVE I. PURPOSE: The purpose is to assist all qualified members of the Winter Springs Fire Department with additional sick time. II. QUALIFICATIONS: Any employee of the Winter Springs Department wanting to be a member of this sick bank must have three shifts of sick leave on the books at time of application. III. ROLES: A. Each qualified member must contribute one shift per year. B. One shift of sick time must be contributed when joining bank. C. All members will contribute 2 hours per month of 12 hours earned each month totaling one shift per year (so bank can build on a monthly basis). D. To use the bank a member must have used all accrued sick and vacation time on books. E. After all sick and vacation time have been expended, 2 shifts or 40 hours (if 8 -5) must go by before members can draw from bank. F. Terms of transfer of sick time be handled by appropriate office personnel assigned by Chief or City Hall. G. Members can draw from bank for up to 90 days. H. For withdrawal of sick bank time, a written request must be submitted to a committee of 3 members of the auxiliary sick leave bank for approval. I. Payment of sick bank funds will fall on normal pay periods. 11/93 FINAL AGREEMENT 8484.3 18 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 accord with the City's schedule for mileage reimbursement. Nothing herein shall entitle the employee to reimbursement for mileage coming to and from home to work or changing stations once during their shift. 11/93 FINAL AGREEMMT 8484.3 19 ARTICLE 19 HOLIDAYS 19.1 The current Holiday policy will remain in effect for the term of the Agreement. 11/93 FINAL AMEMENT 8484.3 20 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. 11/93 FINAL AGREEMENT 8484.3 FV 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 regula- tions. 21.2 The City's current overtime policy shall remain in effect for the term of this Agreement. 11/93 FSNAL AGREEMENT 8484.3 22 ARTICLE 22 EEALTE 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. 11/93 FINAL AGREEMENT 8484.3 23 ARTICLE 23 VACANCIES AND PROMOTIONS 23.1 The current promotion policy shall remain in effect for the term of this Agreement. 11/93 FML AGREENWT 8484.3 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: 11/93 FINAL AG"EMENT 8484.3 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 1, then the aggrieved employee or the Union may submit the grievance, in writing, along with the response in Step 1, to the Chief of the Fire Department. The Chief shall meet with the aggrieved employee and a representative of the Union to discuss the grievance within ten (10) working days following delivery of the grievance to the Fire Chief. The Fire Chief shall deliver to the ag- grieved 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 25 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 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. 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 of this Article, the term "working days" shall be interpreted to mean Monday through Friday. Saturdays, Sundays and days designated as holidays are excluded. 11/93 FINAL AGREEMENT 8484.3 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 state- ment specifying in detail the reasons for the discipline at the time the notice of discipline is given to the employee. 25.2 The City agrees to comply with Chapter 112, IV and 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 112, Part IV, Florida Statutes (1989). The bargaining unit member so disciplined shall not be entitled to use the grievance procedure of Article 24. Any discipline involving anything other than a loss of pay, discharge or demotion shall be non - grievable, to arbitration or a Chapter 112 Board, however, a bargaining unit member may grieve said discipline to the Fire Chief whose decision shall be final and binding. Prior to requesting a Complaint Review Board, the employee shall grieve the discipline, within ten (10) working days of notice of same, to the Fire Chief. The Fire Chief shall give a written response to the grievance within ten (10) working days of receipt of same. In the event that the Fire Chief does not resolve the grievance to the employee's satisfaction, the employee shall have the right to demand a Complaint Review Board. The employee must request the Complaint Review Board, in writing, within fifteen (15) working days of the Fire Chief's 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 11/93 FINAL AGREEMENT 8484.3 27 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. 11/93 FINAL AGREEMENT 8484.3 K-11 ARTICLE 26 CALL -HACK 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. 11/93 FINAL AGREEMENT 8484.3 29 ARTICLE 27 WINTER SPRINGS FIRE DEPARTMENT WORKER'S COMPENSATION RESTRICTED DUTY POLICY POLICY 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. 27.1 RESTRICTED DUTY AND LINE OF DUTY INJURY 11/93 FINAL AGREEMENT 8484.3 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 applica- tion of firefighter powers. Additionally, members must be capable of performing all the following: 30 (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 endorsements) 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 of the 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 any Restricted Duty member. -- Restricted Duty Assignments will include, but are limited to non - hazardous firefighter duties. 27.4 DURATION 11/93 FINAL AGREEMENT 8484.3 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 31 (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 disabili- ty, 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 of force, except in the defense of life. 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 Assign- ments, and who are physically unable to perform normal duties, are required to continually remain in an autho- rized leave status (i.e., Sick Leave, Vacation, Compensa- tory 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 Agree- ment. 27.7 MANAGEMENT DISCRETION 11/93 FINAL AGREII4ENT 8484.3 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. 32 27.8 LINE OF DUTY 11/93 FINAL AGREEMENT 8484.3 Members injured in the line of duty may receive preferen- tial 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 member shall be entitled to the following benefits when injured in the line of duty: 1. From the date of injury through the third month thereafter, any benefits available from the worker's compensation laws of Florida, City worker's compensation insurance plus the City supplementing those benefits to assure the member receives full pay during the three (3) month peri- od. 2. At the expiration of the three (3) month period, the member shall be entitled to all benefits listed in Paragraph 1 less any salary supplement from the City plus the member may use any accumulated leaves available to him. 3. A member may use the benefits of Paragraph 1 herein and the 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. S. 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 as- signed to a Restricted Duty Assignment shall be eligible to stay in the Restricted Duty status no more than ninety (90) days consecutively (ninety 33 (90) days within a one (1) year period). At the conclusion of ninety (90) days, the member shall go on worker's compensation leave and said member will be entitled to use all accrued leaves he has available to supplement his worker's compen- sation 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 date of the injury. At the expira- tion of ninety (90) days, the member shall be entitled to supplement his worker's compensation benefits with any accrued leaves he has available. At the expiration of the accrued leave, the member shall only be entitled to their benefits from worker's compensation with no obligation on the part 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 rein- stated. 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 11/93 FINAL AGREEMENT 8484.3 Restricted Duty Assignment will be governed by limitation that no more than one (1) Fire /ALS personnel will be eligible for Restricted Duty at any one 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. 34 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. Arrange- ments shall be made with the Fire Chief at least 24 hours in advance. 11/93 FINAL AGREEMENT 8484.3 35 ARTICLE 29 MILITARY LEAVE 29.1 The current Military Leave policy will remain effect for the term of the Agreement. 11/93 FINAL AGREEMENT 8484.3 36 ARTICLE 30 JURY /WITNESS DUTY 30.1 Employees required to be available for jury selection or service shall be granted the necessary time off from scheduled duty with pay upon presentation to the superior officer of satisfactory evidence relating to such duty. An employee serving on such duty shall report to his assigned work location upon being completely released from jury duty if at 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. 11/93 FINAL AGREEMENT 8484.3 37 ARTICLE 31 SENIORITY 31.1 Seniority, for the purpose of this contract, is defined as length of continuous, uninterrupted service in the Winter Springs Fire Department. When the length of continuous service is the same for two or more fire- fighters, 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 pay of 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 classifica- tion. 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 certi- fied 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. 11/93 FINAL AGREEMENT 8484.3 38 ARTICLE 32 PERSONAL PROPERTY REPLACEMENT 32.1 The City agrees to reimburse the full cost for eye glasses and contact lenses not exceeding One Hundred Dollars ($100.00), and up to Twenty -Five Dollars ($25.00) for wrist watches damaged in the line of duty, provided adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the Fire Chief and Union representative. 11/93 FINAL AGREEMENT 8484.3 39 ARTICLE 33 LIFE INSURANCE 33.1 The current policy limits regarding employee and depen- dant Life insurance shall remain in effect for the term of this Agreement. 11/93 FINAL AGREEMENT 8484.3 40 ARTICLE 34 ANNUAL PHYSICAL 34.1 The current policies and procedures shall remain in effect for the term of the Agreement. 11/93 FINAL AGREEMENT 8484.3 41 ARTICLE 35 LABOR /MANAGEMENT CONFERENCE 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 (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 represen- tatives who will be attending. 35.4 A Labor /Management Conference shall be scheduled within seven (7) calendar days of the date requested if both parties agree a conference is necessary. Management will not unreasonably deny a request for a Labor /management Meeting. 35.5 The purpose of such meeting shall be limited to: 35.5.1 Discuss the administration of this Agreement. 35.5.2 Notify the Union of changes made by the City affecting bargaining unit employees. 35.5.3 Discuss area of discontent, dissatisfaction, compliance, problem, concern, issue, or misun- derstanding held by either party whenever valid or not, when such discussions are mutu- ally 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 sub- jects 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. 11/93 FINAL AGREEMENT 8484.3 42 ARTICLE 36 OUTSIDE EMPLOYMENT 36.1 The current policies and procedures regarding outside employment shall remain in effect for the term of this Agreement. 11/93 FINAL AGREEMENT 8484.3 43 ARTICLE 37 COMPENSATION UPON SEPARATION 37.1 Compensation representing an employee's 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. 11/93 FINAL AGREEMENT 8484.3 44 ARTICLE 38 RETIREMENT AND PENSION PLAN 38.1 The current policies and procedures will remain in effect for the term of this Agreement. 11/93 FINAL AGRFJDGM 8484.3 45 ARTICLE 39 WAGES 39.1 Effective October 1, 1993, all bargaining unit employees shall receive a three percent (3 %) increase. 11/93 FINAL AGREEMENT 8484.3 46 ARTICLE 40 SAVINGS 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 subse- quently 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. 11/93 FINAL AGREEMENT 8484.3 47 ARTICLE 41 DURATION This Agreement shall be effective on October 1, 1993, and shall thereafter continue in full force and effect until September 30, 1994. It shall automatically be renewed from year to year thereafter, unless either party shall have notified the other that it desires to modify the Agreement. The notice to modify must be in writing and sent to the other party by registered or certified mail at least one hundred twenty (120) days prior to the anniversa- ry date. Furthermore, the notice to modify must include the title of each Article the party wishes to add, alter, or amend. All other Articles will be placed in the new Agreement. Negotiation will begin no later than one hundred (100) days prior to the anniversary date. EXECUTED, this /7 day of y�M/ -7 A.D., 1993 CITY OF WINTER SPRINGS, FLORIDA By: EXECUTED, this _ day of N'O yt , A.D., 1993 11/93 MAL AGREEMENT 8484.3 48 :R UNION �A�.1�►= -- .-