UNION CONTRACT
between
I.A.F.F.  LOCAL 1951 & CITY OF MELBOURNE

October 1, 2005 through September 30, 2008

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ARTICLE 1  PREAMBLE

1.1    This Agreement is entered into by and between the City of Melbourne, Florida, hereinafter referred to as the City, and Local 1951, International Association of Firefighters, hereinafter referred to as the Union.

1.2    It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union, to provide for equitable and peaceful adjustment of differences which may arise, and to establish proper standards of wages, hours, and other conditions of employment.

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ARTICLE 2  RECOGNITION

2.1    The City recognizes the Union as the exclusive bargaining agent for the purposes of collective bargaining for the employees in the unit described below:

INCLUDED:  FIREFIGHTERS, DRIVER/ ENGINEERS, FIRE LIEUTENANTS, PARAMEDICS, (FIRE/MEDICS, DRIVER/MEDICS, LIEUTENANT/MEDICS) AND PRECEPTORS/FIELD TRAINING OFFICERS.

EXCLUDED:  FIRE CHIEF, ASSISTANT FIRE CHIEFS, TRAINING OFFICERS, BATTALION CHIEFS, FIRE MARSHALS, FIRE CAPTAINS, INSPECTORS, PRE PLAN OFFICERS, SECRETARIES, AND CLERICAL EMPLOYEES.

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ARTICLE 3  EMERGENCY LEAVE DONATIONS

3.1    The parties agree to continue the policy of allowing members to make voluntary contributions of accrued vacation leave for the use of employees who, through extended illness or injury recovery periods, have exhausted all of their own sick, vacation or other type of leave.

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ARTICLE 4  PAYROLL DEDUCTIONS

4.1    The City agrees to deduct, once each pay period, dues,  assessments, and contributions to the Firefighters benefit fund in an amount certified to be current by the Treasurer of the Local Union from the pay of those employees who individually request in writing to the Director of Personnel that such deductions be made.  The total amount of deductions shall be remitted by the City to the Treasurer of the Union.  This authorization shall remain in full force and effect during the term of this Agreement.  The contributions to the Firefighters benefit fund will be collected from the same payroll deduction slot presently used for dues deduction.  The parties agree that when the City implements its new payroll/personnel system, and an additional slot becomes available, the Union may request to use an additional slot provided it pays any associated costs which may be required for its use.

The City's remittance will be deemed correct if the Union does not give written notice to the City within 30 calendar days after a remittance is received.  If the Union feels that the remittance is incorrect, the reason(s) for that belief shall be so stated in the written notice.

4.2    The Union will indemnify, defend, and hold the City harmless against any claim made and against any suit instituted against the City on account of any action taken by the City, or any of its agents, in good faith reliance upon forms or documents provided by the Union to the City, regarding payroll deductions.

4.3    Any employee wishing to cancel his authorization for payroll deduction of union dues and contributions to the Firefighters benefit fund may do so by providing no less than thirty (30) days written notice to the Union, reflecting that a copy has been provided to the City.

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ARTICLE 5  NON DISCRIMINATION

5.1    The City and the Union agree that there shall be no discrimination against any employee because of race, color, creed, religion, sex, age, national origin, or handicap (if such handicap does not interfere with the duties to which assigned), and other non-merit factors or artificial barriers.

5.2    The City and the Union agree that the use of masculine gender pronouns to indicate employees of the bargaining unit shall be interpreted to mean both male and female employees, that such usage is in the interest of readability and follows the proper rules of English, and further that such usage is not intended, nor shall it be interpreted to be, sexual discrimination.

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ARTICLE 6  UNION BUSINESS

6.1       Up to 3 members of the negotiating team shall be allowed time off for all meetings which shall be mutually set by the City and the Union , and this time off shall be without loss of pay.

6.2       If a matter of IAFF business is on the Melbourne City Council agenda, one member of the negotiating team, member of the Union Executive Board, or a designee of the Executive Board may attend the Council meeting, while on duty and without loss of pay, with prior written approval of the Fire Chief.  Member will be required to carry a radio in order to respond to emergency calls.

6.3             City and the Union agree to establish a time pool to allow union members, acting in an official capacity, time off duty to attend City Council meetings, County Commission meetings, meetings of the State Legislature, Pension Trustee Schools and/or other educational seminars and meetings as may be required from time to time.  This time pool will be established by mandatory employee contributions as well as voluntary contributions of accrued vacation leave by the employees and will be administered in the same manner as comp time.   Mandatory contributions shall be conducted in a semi-annual cycle with one half (1/2) of an employees single pay period vacation accrual contribution into the Union Time Pool.  Semi-annual contributions shall occur in the first pay periods in the months of April and October.  All unused Union Time Pool hours are considered revolving and shall carry forward into subsequent years.

New employees with less than six (6) months continuous service shall be exempt from the mandatory contribution and shall begin their contribution at the next scheduled contribution cycle.  Should the Union Time Pool exceed one thousand (1000) hours, then the next mandatory contribution cycle shall be foregone and the cycle shall commence again only after the bank balance falls below five hundred (500) hours.

Employees approved off utilizing the union time pool shall be limited to two (2) personnel per shift. The union will work with the Chief to minimize overtime caused by the utilization of the union time pool.

6.4       Should a member of the Bargaining Unit, serving in an official capacity, with a City/Municipal Board or on a standing committee need time off to perform official duties or attend a meeting, such time off shall be without loss of pay and benefits nor shall the time be charged against the union pool.

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ARTICLE 7  BULLETIN BOARDS

7.1    The City agrees to furnish and maintain space for suitable bulletin boards in convenient places in each station and work area to be used by the Union.  The Union shall limit its posting of notices and bulletins to such bulletin boards.

7.2    No material, notices, or announcements shall be posted by the Union which contain anything politically partisan or controversial or anything adversely reflecting upon the City of Melbourne, its employees, or management.  The foregoing does not preclude the posting of public records.

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ARTICLE 8  PREVAILING RIGHTS

8.1    All benefits and working conditions enjoyed by the employees at the time this Agreement takes effect which are not included in this Agreement, and which are in writing and known to management, and which do not infringe upon management rights as stated in Article 37 of this Agreement, shall be presumed to be reasonable and proper, and shall not be changed arbitrarily or capriciously.

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ARTICLE 9  RULES AND REGULATIONS

9.1   There shall be an Employee Management Committee established in the City of Melbourne Fire Department which shall consist of six  members.  Three members shall be appointed by the Union and three  members shall be appointed by the Chief of the Department.  This committee shall meet at mutually agreeable times, but not less than semiannually.  The purpose of this committee will be to discuss problems and attempt to reach mutual understanding on matters concerning department rules and regulations, policies, and procedures.  Grievances and other matters which are subject to the collective bargaining process shall not be made a part of these discussions.  Meetings shall be conducted on an informal basis.  This committee will function in an advisory capacity only.  All memoranda not incorporated in the standard operating guidelines within two years from its issue date shall become obsolete.  Copies of all understandings shall be furnished to the City Manager for his review prior to implementation.

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ARTICLE 10  COURT TIME

10.1   Any employee required to appear in court or to give a deposition, while in an off-duty status, as a result of action arising during the employee's official duties, shall be compensated at one and one-half times his regular hourly wage from the time he leaves his home until the time he returns to his home.

10.2   Employees will be entitled to a mileage allowance at the current rate of reimbursement as prescribed by City Ordinance to and from employee's place of permanent residence for a required court appearance, unless a travel fee is paid by said court, or unless transportation is provided by the City.

10.3   All witness, subpoena, and deposition fees by employees for such court appearances shall be endorsed to be payable to the City.  

10.4   The City agrees to continue the current practice of excusing employees from duty, with no loss of pay or benefits, at 1930 hours the day prior to their summonsed jury duty.

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ARTICLE 11  OVERTIME PAY

11.1    In the event that the need for overtime should occur in the Fire Department because of emergency, sickness, or other unforeseen conditions, overtime shall be paid at 1 1/2 times the basic rate of pay.  Authorized overtime will be paid in quarter hour increments, each quarter hour will be computed once more than ½ of each quarter of one hour has been worked.

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ARTICLE 12  CALL BACK PAY

12.1   All employees covered by the terms of this Agreement who are called back to work while off duty shall be paid a minimum of 4 hours pay at the employee's overtime rate as provided in this Agreement.

12.2   Employees covered by the terms of this Agreement who are required to remain on duty in excess of their normal tour of duty shall be compensated at the employee's overtime rate as provided  in this Agreement.

12.3   Time on duty shall start upon the employee arriving at his or her duty station to pick up necessary personal protective equipment, and will end upon notification to leave the duty station.

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ARTICLE 13  SHIFT EXCHANGE

13.1    An employee may exchange shifts with employees upon getting the necessary approval of the Fire Chief or his designee.  The shift exchange shall not interfere with the normal operation of the Department, and shall not create an overtime situation.  Shift exchange shall have no effect on the acting pay provisions of this agreement, and for all purposes the compensation paid shall be to the originally scheduled employee as if he had actually worked the shift. (see Article 25.1)

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ARTICLE 14  DEATH IN FAMILY LEAVE

  14.1   In the event of a death in the immediate family of an employee, the employee shall be granted 2 shifts off with pay.  In the event that the employee must travel more than 500 miles one way, up to 3 shifts will be granted with no loss of pay.

14.2   The immediate family shall be defined as spouse and children of the member, mother, father, brother, sister, grandparents of the member or those of the member's spouse.

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ARTICLE 15  DRUG TESTING

15.1   The City and the Union mutually agree that the use by employees of unlawful drugs and other illegal controlled substances constitutes a danger to the employee, fellow employees, and the general public.  It is further agreed that the safety of public property and equipment is placed at jeopardy if an employee is under the influence of drugs.

To allay public concerns regarding the use of drugs or other illegal controlled substances by Public Safety employees, and to mitigate the danger to other employees in the work place, the City and the Union mutually agree that the following drug testing procedure will be implemented.  This procedure will apply to all drug testing performed.  

1.  The annual physical examination given to all members of the Bargaining Unit will include a urinalysis to determine the presence of any drug or other illegal and/or controlled substance.

2.  Test samples will be collected at Employee Health Services or at the certified laboratory.  Tests will be conducted by an independent laboratory contracted by the City.  The original sample will be divided into three parts and retained by the independent laboratory.  The first part will be used for screening, the second for confirmation of a positive test result on the first part, and the third part will be retained for use by the employee for independent testing.  An appropriate chain of custody will be established and maintained to ensure the accuracy of test results. The following procedures shall apply as the chain of custody:  

(a) Immediately after the specimen is collected, the person collecting the specimen shall also inspect the specimen to determine its color and look for any signs of contaminants.  Any unusual findings shall be noted in the permanent record book.  

(b)  The person collecting the specimen and the employee shall be present at the same time during these procedures.  

(c) The person collecting the specimen shall place securely on the bottle an identification label which contains the date, the employee specimen number and any other identifying information provided or required by the agency.  

(d) The employee shall initial the identification label on the specimen bottle for the purpose of certifying that it is the specimen collected from him or her.  

(e) The person collecting the specimen shall enter in the permanent record book all information identifying the specimen.  The collection site person shall sign the permanent record book next to the identifying information.  

(f)  If the specimen is not immediately prepared for shipment, it shall be appropriately safeguarded during temporary storage.  

(g) While any part of the above chain of custody procedures is being performed, it is essential that the urine specimen and custody documents be under the control of the person collecting the specimen.  If the person collecting the specimen leaves his or her work station momentarily, the specimen and custody form shall be taken with him or her or shall be secured.  

3.  A positive test will result in a Gas Chromatography/Mass Spectrometry confirmatory test of the original sample by the laboratory.  At this time the employee may request a portion of the original sample to be tested by a recognized  independent laboratory of the employee's choice.  The cost of the test will be paid by the City if the test results are negative.  A positive result on the re-test will result in an interview with the Fire  Chief or an Assistant Fire Chief and the Employee Health Nurse.  Outside counseling and rehabilitation will be offered through the Employee Assistance Program to help the employee correct any problem he may have.  Dismissal will not be imposed for the first positive test.  To ensure the safety of the general public and other employees, any employee testing positive will be removed from active duty and be placed on either annual leave, sick leave, or a leave of absence without pay if annual and sick leave are extinguished.  Those employees who successfully complete a rehabilitation program will be subject to re-testing at least 2 times at random during the next year; said tests to be in addition to that which is given with the annual physical. 

 4.  Upon reasonable suspicion (a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused man to be guilty) that an employee has been on duty, or has reported for duty, under the influence of any unlawful drug or other illegal controlled substance.  Drug testing will be conducted on employees every time the City believes there is a reasonable cause or suspicion that the employee may be placing themselves or others at risk due to the influence of drugs and/or alcohol.  An observation of an employee exhibiting erratic or unusual behavior, including but not limited to: chronic lateness or absenteeism, unexplained or lengthy disappearances during the day, chronic irritability, paranoia, sharp mood swings, unexplained or abrupt changes of an employee's appearance, behavior, or unexplained inability to perform normal work duties will be reported to supervisory personnel.  The immediate supervisor and at least one additional supervisory personnel must witness and confirm that the employee appears to be under said influence.  The decision to require the employee to submit to a urinalysis will require the written approval of the Fire Chief or his designee.  Testing will also occur when an employee is involved in a workplace vehicle accident. This automatic testing will be limited only to the driver of the vehicle.

5. Employees who are using a drug lawfully prescribed by a physician are encouraged to notify the Employee Health  Nurse of that situation.

6. Employees who refuse to comply with the provisions of this Article will be subject to disciplinary action, up to and including dismissal.  

7.  Cutoff values below which test results shall be reported as "negative" are as follows:

             DRUG              DETECTION LEVELS

          Marijuana                    100 ng/ml

          Cocaine                       300 ng/ml

          Methaqualone              750 ng/ml

          Opiates                        300 ng/ml

          Amphetamines             1,000 ng/ml

          Barbiturates                 300 ng/ml

          Benzodiazepines          300 ng/ml

          Phenycyclidine             75 ng/ml

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ARTICLE 16  HOLIDAYS

16.1   The following holidays are those recognized and observed:  

(1) New Year's Day (1^st of January)

(2) Martin Luther King, Jr., Birthday (3^rd Monday of January)

(3) President’s Day (3^rd Monday in February)

(4) Labor Day (1^st Monday in September)

(5) Memorial Day (last Monday in May)

(6) Independence Day (4^th of July)

(7) Veteran’s Day (11^th of November)

(8) Thanksgiving Day (Nationally recognized holiday)

(9) Day After Thanksgiving

(10) Christmas Eve (24^th of December)

(11) Christmas Day (25^th of December)

        and any other holiday declared by the City Council.

16.2   In addition to their regular pay,       

       A. Employees not scheduled to work on a holiday, and who do not work, will receive 12 hours straight time pay for the holiday. 

       B. Employees scheduled to work on a holiday shall be compensated at the rate of 1 1/2 times the employee's hourly rate for those hours actually worked. 

            C.  Employees not scheduled to work on a holiday, but who are called in to work, will receive 12 hours straight time pay for the holiday in addition to compensation at the rate of 1 1/2 times the employee's hourly rate for those hours actually worked.

16.3   In addition to their regular pay,  

       A. Employees not scheduled to work on January 1, New Year's Day, and who do not work will receive 12 hours straight time pay or may elect to bank 24 hours compensatory time for the holiday. 

       B. Employees scheduled to work on January 1, New Year's Day, shall be compensated at the rate of 1 1/2 times the employee's hourly rate for those hours actually worked or may elect to bank 24 hours compensatory time for the holiday. 

       C. Employees not scheduled to work on January 1, New Year's Day, but who are called in to work will receive 12 hours straight time pay or may elect to bank 24 hours compensatory time for the holiday in addition to compensation at the rate of 1 1/2 times the employee's hourly rate for those hours actually worked.

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ARTICLE 17  APPENDICES AND AMENDMENTS

17.1   All appendices and amendments to this Agreement shall be dated and signed by the parties and shall be subject to the applicable provisions of this Agreement.

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ARTICLE 18 DISCIPLINE AND DISCHARGE

18.1    Whenever a bargaining unit employee is questioned by Management in connection with any matter in which an employee may be subject to disciplinary action based on his response to the questioning, the employee may request Union representation during the questioning.

18.2    An employee requesting Union representation is responsible for contacting the appropriate representative and obtaining the representative's attendance at the meeting.

18.3    The City will delay questioning an employee who requests Union representation for a reasonable time to allow for the obtention of a Union representative.

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ARTICLE 19  MANNING AND STRENGTH OF COMPANIES

19.1          To provide the highest quality of emergency medical care and provide the best fire protection to the citizens of Melbourne , the City agrees to maintain the current minimum-manning levels.

The City and the Union agree that the current minimum station staffing of one (1) Lieutenant, one (1) Driver/Engineer, and two (2) Firefighters is the base for day to day operations with the exception being Station 73, and may need adjusting from time to time based on the actual equipment that is available due to regular maintenance or repair as a result of accidents and or equipment failure.  The parties agree additional equipment may need to be placed in service within the life of this agreement.

If during the term of this contract the City establishes and funds an additional station, that station will be manned with four (4) additional employees (1 Lieutenant, 1 Driver/Engineer, and 2 Firefighters).

The City agrees that if the Engine Company currently assigned to Station 73 is reassigned to a stand-alone station as an Engine Company, the minimum manning will be increased to comply with 19.1 (1) below.

In the event the City designates ALS engines, the City agrees that said engines shall be manned by a minimum of three (3) personnel.

1.      All engine companies shall operate with a minimum of four (4) personnel except for the engine company assigned to Station 73 (Airport) which will have a minimum of three (3) personnel.

2.      All Stations shall operate with a minimum of one Engine Company.

3.      All Truck Companies shall operate with a minimum of three (3) personnel.  If an Aerial device is permanently placed in a fire station in lieu of an Engine, said Aerial device shall be manned with the minimums commensurate with an Engine Company.

4.      All one-piece Engine Companies (operating as the second Engine in a station) shall operate with a minimum of three (3) personnel.

5.      All Squads/Rescues (not part of a two-piece Engine Company) shall operate with a minimum of two (2) personnel.

6.  All Airport Crash Units (operating as part of a multi-equipment Crash/Engine Company) shall operate with one (1) Driver/Engineer.  In addition, one of the Crash Units will have at least one (1) Lieutenant.

7.  All Airport Crash Units (not part of a multi-equipment Crash/Engine Company) shall operate with one (1) Driver/Engineer and one (1) Firefighter.  However, one of the Crash Units shall have at least one (1) Lieutenant.

19.2    The City agrees that it will comply with all state laws and their associated rules covering manning of fire companies and all ALS Certified Units, specifically, the firefighter safety standard (two in, two out) as it relates to the number of personnel assembled at the scene of a structure fire prior to engaging in interior structural fire fighting.  Therefore, the City agrees to establish standard operational procedures and commit to diligently work towards compliance, ensuring the highest level of service to our citizens.

19.3   In the event sufficient Firefighters are not on duty to maintain the City's established minimum manning levels, affected units of apparatus may be taken out of service until the City required manning level has been restored.  It is further understood that should this reduction in manpower extend beyond four (4) hours, overtime shall be used to restore the minimum manning.

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ARTICLE 20  SAFETY AND HEALTH

20.1   The City and the Union agree to cooperate to the fullest extent in the promotion of safety.

20.2   One employee representing the Union shall be a member of the City's Safety Committee.

20.3   The parties agree that they will adhere to all rules imposed by the State of Florida relating to safety and health of Firefighters.

20.4   When scheduling outdoor, non-emergency activities, weather conditions will be a consideration.

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ARTICLE 21  CLOTHING ALLOWANCE AND EQUIPMENT

21.1    All uniforms, protective clothing, or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the City, with the exception of underwear, socks, and shoes.  The City shall order the following uniform items for each employee covered by the terms of this agreement.

            Two dress short sleeve shirts

            Three uniform pants

            Two uniform shorts

            Five two-button collared golf shirts

            One job shirt

            One leather belt

However, any of the above listed items may be substituted for other uniform or uniform related items such as a badge, collar brass, winter coat, work shoes or boots, etc.

ARTICLE 24  DUTIES

ARTICLE 25  HOURS

ARTICLE 26  INSURANCE

ARTICLE 27  VACANCIES AND PROMOTIONS

27.1    When a permanent vacancy occurs in any position, it shall be filled within thirty (30) days of the vacancy, or upon a mutually agreed extension of the official severance of the vacating department member from the Fire Department, unless prior written notice is provided to the Union by the City.  Filling of all vacancies shall be in accordance with established procedures as amended by this contract.

The City and the Union agree the current examination and promotional procedures for filling vacant Driver/Engineer and Lieutenant positions, as outlined in Melbourne Fire Department Operation Policies Policy 1006 dated November 2005 are accepted as part of this agreement and shall not be changed arbitrarily. 

Should the number one (1) candidate not receive the promotion, the employee shall be advised by the Fire Chief or his designee, in person, prior to the promotion being announced.

27.2    To expedite the process of implementing and maintaining  “Advanced Life Support” to the entire city, the Union and City agrees to establish a hiring preference for Paramedics.  The Union and City further agree to work with the Medical Director to establish a review process for prospective Paramedics