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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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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), PRECEPTORS/FIELD
TRAINING OFFICERS AND TRAINING CAPTAINS.
EXCLUDED:
FIRE CHIEF, ASSISTANT FIRE CHIEFS, BATTALION CHIEFS, FIRE
MARSHALS, INSPECTORS, PRE‑PLAN OFFICERS, SECRETARIES AND
CLERICAL EMPLOYEES.
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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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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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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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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 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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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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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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9.1 There shall be a Policies &
Standard Operating Guidelines (SOG) 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.
9.2
The City agrees to compensate employees serving in the
following committees with compensatory time for all scheduled
meetings:
·
Labor/Management
Committee
·
Quality Assurance
Committee
·
Safety Committee
·
S.O.G. Committee
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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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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.
11.2 The normal tour of duty for this Agreement shall be a 24
hour period, from 0730 to 0730, and then off for 48 hours. Under the provisions of the Fair Labor Standards Act, the
City has defined the work period as 27 days in length, consisting of
204 hours. For the
purpose of the Fair Labor Standards Act, the use of accrued leave
shall be counted as time worked.
11.3 To ensure the safety of the public as well as the
employees, bargaining unit employees shall have 12 consecutive hours
of rest in a 72 hour period. Furthermore,
employees of the bargaining unit shall not be required to work more
than forty eight (48) consecutive hours (scheduled).
11.4 In
the event of a declared civil emergency, within the constraints of
Article 37.3, employees of the bargaining unit shall not be worked in
extreme conditions for more than twenty four (24) hours without a rest
period. If at all
possible, rest periods should be at least eight (8) hours in length
before reassignment to response in extreme conditions.
11.5
Emergency Operations Policy
Emergency
Operations Policy: When
an emergency is declared by the City Manager or his designee, whether
related to weather, a natural disaster, a civil crisis, or any other
matter designated as an emergency and City Hall is closed as a result
thereof, bargaining unit personnel shall be required to work as deemed
necessary. Based on
the significance of the emergency, expectations for duty including
reporting requirements before, during, and after the emergency will be
determined and communicated by the Fire Chief or his designee.
It is agreed upon that all bargaining unit members are vital
members of the City staff and as such are deemed essential personnel
to the City during the declared emergency.
All bargaining unit members will be paid per the following pay
and reporting policy:
1. Certain
bargaining unit personnel may be required to work before, during, and
after the emergency.
2. Bargaining unit
personnel shall be advised of their reporting requirements 24 hours in
advance when practical to prepare for duty.
3. All bargaining unit personnel are responsible to remain in
contact with their supervisor to assess their responsibilities once an
emergency is declared. Failure to do so may result in disciplinary action.
4. Bargaining unit
personnel who are required to work shall report for duty as advised by
the Fire Chief or his designee.
5. Except as
provided in paragraphs 10 and 12 below, bargaining unit personnel
shall be paid straight time for their designated work schedule/shift
if they are not required to work.
6. Bargaining unit
personnel who work during the declared emergency shall be paid at 2 ½
times their regular hourly rate for work performed during their
designated work schedule/shift and shall be paid at 1 ½ times their
regular hourly rate for work performed outside their designated work
schedule/shift.
7. Bargaining unit
personnel who have pre-scheduled leave prior to the declaration of an
emergency shall contact their supervisor to determine the status of
such leave. Bargaining
unit personnel on pre-approved leave who are not out of the area and
are available to work may be required to report to work.
Each situation of pre-approved leave shall be considered based
on the reasons prior to the personnel being asked to report back to
work. Bargaining unit
members on pre-approved leave who are not required to report to work
will record their time off as leave time.
8. Bargaining unit
personnel who call in sick during a declared emergency and sick leave
is approved shall have their sick leave balance reduced in accordance
with their regularly scheduled hours.
9. The Fire Chief
or his designee has the sole discretion to excuse a bargaining unit
member from work during an emergency for a pre-determined time frame
based on family situation or personal hardship. The affected employee shall submit a memorandum outlining the
hardship or family situation and requesting the use of leave during
the declared state of emergency.
As having adequate staff is essential, such leave must be
approved in advance. Some
special situations that may be considered are:
a.
Both parents are bargaining unit members and they have young
children at home.
b.
The employee is caring for an elderly or special needs person
and no other person is available to take over the care giver
responsibilities.
c.
Single parent families where there is no other person available
to take care of the employee’s children.
This includes families where one parent is in active military
status stationed outside Brevard County.
10. Following a
declared emergency, bargaining unit personnel shall return to their
regularly scheduled hours.
11. If an employee
is unable to return to work following a disaster, the Fire Chief shall
assess the reason for absence, determine if leave will be granted,
then determine if the absence will result in disciplinary action.
12. This Emergency
Operations Policy shall not apply on weekends or holidays when City
Hall is normally closed.
13. Bargaining
unit personnel understand that violations of this policy may result in
disciplinary action.
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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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13.1
An
employee may exchange shifts with employees upon getting the necessary
approval of the Fire Chief or his designee. Shifts will be charged to the employee if they do not show up
for work or cancel at the last minute.
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 11.2)
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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 outside the State
of Florida to attend a funeral, 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 employee, half-brother, half-sister,
step-brother, step-sister, step-parents, grandchildren, mother,
father, brother, sister, grandparents, grandparents of the
employee’s spouse, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law,
daughter-in-law; and legal guardians.
If required by the Fire
Chief, the employee shall provide proof of a death in family as
defined in this article, prior to approval of compensation (i.e. death
certificate or obituary).
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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 a
designated alternate location.
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.
(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) A copy of the chain of
custody form shall be retained in the employee’s permanent medical
file.
(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. This
test is paid for by the employee if the second test is positive.
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.
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 vacation, then sick leave, or a leave of absence without pay
if vacation and sick leave are exhausted.
Those employees who successfully complete a rehabilitation
program will be subject to re‑testing as described in F.S.
Florida Drug Free Act 112.045, 7.d as follow up to said program on a
quarterly, semi-annual or annual basis for up to 2 years. However, when circumstances warrant, the City reserves
the right to impose appropriate disciplinary action.
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. In the event
that a prescribed drug causes a positive drug screen, the employee
shall provide the Employee Health Nurse with the prescription for
further consultation with the Medical Review Officer.
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" shall be consistent with the Confirmation Levels
as outlined in Florida Administrative Code 59A-24-006-5.3.f.1 as
amended.
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16.1
The following holidays are those recognized and observed:
(1) New
Year's Day (1st of January)
(2)
Martin Luther King, Jr., Birthday (3rd Monday of
January)
(3)
President’s Day (3rd Monday in February)
(4) Labor
Day (1st Monday in September)
(5)
Memorial Day (last Monday in May)
(6) Independence
Day (4th of July)
(7)
Veteran’s Day (11th of November)
(8)
Thanksgiving Day (Nationally recognized holiday)
(9)
Day After Thanksgiving
(10)
Christmas Eve (24th of December)
(11)
Christmas Day (25th of December)
and any other holiday declared by the City Council.
Effective October 2009 the City and the IAFF agree
to increase the vacation accrual rate by sixteen (16) hours per
holiday for a total of thirty two (32) hours per year for shift
employees, and increase the vacation accrual rate by eight hours per
holiday for a total of sixteen (16) hours per year for non-shift
employees, and decrease the holiday schedule by two (2) days,
Presidents Day and Veterans Day.
16.2 In addition to
their regular pay,
A. Shift
employees not scheduled to work on a holiday, and who do not work,
will receive 12 hours straight time pay for the holiday.
B. Shift
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.
Shift 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.
D. Non-shift employees shall be
compensated in accordance with the City’s Policies and Procedures.
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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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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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 obtaining a Union representative.
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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 as indicated below. However,
recognizing the impact the current fiscal situation has on the City
and Department budget the City and Union agree to reduce the staffing
at Station 73 by one (1) person.
This reduction will be effective October 1, 2009 and the option
shall expire on September 30, 2011 or ratification and approval of the
contract commencing October 1, 2011, whichever is later.
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).
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 firefighting
unit equal or greater to an Engine Company with the exception of
Station 73 (airport).
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, the Crash Units will be backed up by at least
one Engine Company with a minimum of three personnel consistent with
19.1, paragraph 4, section 1, above.
It will be the intent of this provision to have at least one
Lieutenant on the Crash Units when possible.
When that is not possible, a chief officer will assume command
functions.
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
utilized at a reduced capacity of three (one Lieutenant, one
Driver/Engineer, and one Firefighter) until the City’s required
manning level has been restored.
It is further understood that should this reduction in manpower
extend beyond four (4) hours, mandatory overtime shall be used to
restore the minimum manning during the hours of 07:30 a.m. and 12:00
a.m. Overtime may be used to restore minimum manning during the
hours of 12:00 a.m. and 7:30 a.m.
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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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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 and socks.
The City shall provide and maintain the quantity of the
following uniform items for each employee covered by the terms of this
agreement.
| Two
dress short sleeve shirts
|
One Gym Shorts
|
| Three
uniform pants
|
One Sweat Pants
|
| One
Sweat Shirt
|
One Long Sleeve Dress Shirt
|
| Five
two-button collared golf shirts
|
One Dress Pants
|
| One
job shirt
|
One Tie
|
| One
leather belt
|
One Badge
|
| One
set of Collar Brass
|
One Winter Coat
|
| One
pair of Work Shoes/Boots
|
One Traffic Vest
|
| One
High Visibility Parka
|
|
All
items above and one fitted sheet, one flat sheet and one pillow case
shall be issued to all new hires and replaced as needed.
However, employees may elect to purchase their own sheets and
pillow case and receive reimbursement in the amount equal to the cost
paid for such City-provided items.
Employees
covered by the terms of this agreement may purchase work shoes/boots
with the cost reimbursed up to the actual cost of the work shoes/boots
issued by the City provided the shoes/boots purchased by the employee
meet or exceed the standard of the City issued shoes/boots.
21.2 Any uniform or related equipment damaged or destroyed
while an employee is acting in the performance of his official duties
shall be replaced by the City at no cost to the employee, provided
that same is not the result of his own negligence.
Shoes or boots damaged or destroyed shall only be replaced if
they are nonporous leather. The
City agrees to inspect all personal protective equipment annually for
fit and condition. Said inspection shall be documented for use in safety gear
replacement planning.
21.3 Any employee who shall have damaged or broken his
prescription eyeglasses, U.V. shielding sunglasses, false teeth,
partial plate, personal clothing, including shoes, or wristwatch,
while engaged in the performance of his assigned duties, shall have
the same repaired or replaced (whichever is least costly) by the City.
The maximum cost of the repair or replacement shall not exceed
one hundred dollars ($100.00). To
qualify for such compensation, the damage shall not have been the
result of normal wear and tear, negligence, misuse on the part of the
employee, or failure to use proper eye protection equipment when it
has been provided by the City. Claims
for compensation must be supported by reasonable proof of damage, and
must be reported to the City within 10 calendar days of the damage.
21.4
The City
agrees to ensure the airport authority provides crash gear for the
airport personnel as required under FAA regulations and/or NFPA
standards.
21.5 The City will
continue to purchase new lightweight structural turn out gear and
leather turnout boots that meet NFPA requirements when replacement is
required to reduce fatigue and stress thereby increasing the
productivity of fire fighters. The
City agrees “used bunker gear” will not be issued to employees.
The exception to this rule is for temporary use while ordering
replacement gear or for cleaning gear.
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22.1 Neither
the Union nor any of its officers, agents, or any employee covered by
this Agreement will instigate, promote, sponsor, engage in, or condone
any strike, slow-down, concerted stoppage of work, or any
intentional interruption of the operations of the City, regardless of
the reason for so doing. Any
violation of this Article shall subject the violator to the penalties
provided for in Sections 447.505 and 447.507, Florida Statutes.
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23.1 Any member of the bargaining unit who is required
to accept the responsibilities and carry out the duties of a position
or rank above that which he holds shall be compensated at the rate of
$2.20 per hour while so acting, in accordance with current practice.
23.2 All acting time shall be paid quarterly.
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24.1 Employed
as full-time professional firefighters for the City, it will be
each member's primary responsibility to provide for the prevention and
extinguishment of fires, delivery of emergency medical care and the
protection of life and property.
24.2 Employees
of the Fire Department shall not be required to perform duties which
require the professional licensing of an individual in order to
perform a specific job or task with the exception of Emergency Medical
Technicians and Paramedics. These
tasks or duties must also be of the nature of requiring a specialized
training and competence by the licensed individual.
24.3 Employees
of the bargaining unit shall not be required to assist in the search
for, or removal of, any bomb, reported bomb, explosive, or incendiary
device which requires the expertise of an explosives expert.
Employees may volunteer for such assignments if they are
requested to do so by the explosives expert.
24.4
Employees who are required to use their personal vehicle for City
business or travel in the course of their employment shall receive
reimbursement for such use at the applicable current rate pursuant to
the City’s travel policy. Such
reimbursement shall be paid quarterly. Employees temporarily reassigned to a different station for
more than two shifts (forty-eight hours) shall report to the reassigned
station and will not be allowed travel reimbursement for the duration of
that temporary assignment.
.
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25.1 The City and the Union agree to provide each Station with
the items listed below:
·
Refrigerator
·
Washer and Dryer
·
Beds
·
Stove
·
Lockers for clothes and
bunker gear
·
Television
·
Microwave oven
·
Dishwasher
·
Recliners
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26.1
The parties agree the members of the bargaining unit will be covered by
the City’s Group Health Insurance Plan, and the City will contribute to this
coverage at the same rate as general employees and retirees.
26.2
Effective April 1, 2010, the City will make monthly contributions
toward standard health insurance coverage for retirees at the rate of
2% per year of service with the City up to a maximum of 50%.
Said City contribution toward retiree health insurance coverage shall
be paid until the retiree reaches normal Medicare age.
26.3
In addition to any life insurance coverage required by law, the City
agrees to provide a minimum of $25,000 of term life insurance for each member
of the bargaining unit.
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27.1 When a
permanent vacancy occurs in any bargaining unit position above that of a
firefighter, 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 June 2007, 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.
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28.1 Reduction
in force by lay‑off shall be in order of seniority with the
employee with the least seniority being laid off first.
Lay‑off shall include the right of senior members of the
bargaining unit in higher ranked positions to "bump," or
roll back members of the bargaining unit in lower classifications who
possess less seniority. Recall
shall be in reverse order of lay‑off and no new employees shall
be hired until all members of the bargaining unit on lay‑off
have been returned or given the opportunity to return to work.
28.2 Notice of recall shall be sent by certified mail or
other appropriate manner, to the laid off member, with a copy to the
Union, at his last known address.
If the member fails to respond within five (5) working days
from the date of receiving the notice of recall, signifying his intent
to return to work within another five (5) days, he shall be considered
to have quit.
28.3 Loss of mail by the postal service will extend all
aspects of the employee's recall rights, by an amount of time equal to
the delay caused by the mail's loss.
28.4 There shall be no
reduction in force affecting bargaining unit positions unless prior
written notice is provided to the Union.
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29.1 Any grievance, defined as a claim reasonably based
on a violation of the terms and conditions of this Agreement, shall
systematically follow the grievance procedure as outlined herein.
Any grievance filed shall refer to the provision or provisions
of the Agreement alleged to have been violated and shall adequately
set forth the facts pertaining to the alleged violation.
29.2 Step 1:
The aggrieved employee(s) or Union representative shall present
a written grievance to the Assistant Chief of Operations.
Any discussions shall be informal for the purpose of settling
differences in the simplest and most direct manner. The Assistant Chief of Operations shall reach a decision and
communicate same in writing to the aggrieved employee and the Union
within 10 calendar days from the date the grievance was presented to
him. The written reply
shall state the grievance, the decision by the Assistant Chief of
Operations, and the reason for reaching that conclusion.
Step
2:
If it is not settled satisfactorily at Step 1, the aggrieved
employee or the Union within 10 calendar days shall forward a final
written version of the grievance to the Fire Chief.
The Fire Chief shall meet with the aggrieved employee, who may
be accompanied by a representative from the Union, within 10 calendar
days after receipt of the grievance unless such time is mutually
extended in writing. The
Fire Chief shall obtain the facts and forward his decision to the
aggrieved employee and the Union no later than 10 calendar days
following the meeting date.
Step
3:
If the grievance is not settled in the second step, the
grievant or the Union shall, within 10 calendar days after receipt of
the Step 2 decision, present the written grievance to the Personnel
Manager. The Personnel Manager shall investigate the alleged grievance
and shall meet with the aggrieved employee within 10 calendar days
after receipt of the grievance. The
grievant may be accompanied at this meeting by a Union representative.
The Personnel Manager shall obtain the facts and forward his
recommendations to the City Manager and the Union within 10 calendar
days after the meeting. The
City Manager shall have 10 calendar days to consult with any of the
parties involved and render a decision in writing to the grievant and
the Union.
Step
4:
If a grievance has not been satisfactorily resolved within the
grievance procedure, either party may request arbitration. A request for arbitration must be made in writing within 10
calendar days of the decision rendered in Step 3 of the procedure.
The
Federal Mediation and Conciliation Service shall be requested by
either or both parties to provide a panel of arbitrators.
After the panel is received from the FMCS, the representative
of the Union, or the employee, as the case may be, and the City shall
meet and alternately strike names until one arbitrator remains.
The named arbitrator shall be selected as the impartial
arbitrator. The party
requesting arbitration shall strike the first name.
Prior to this striking of names, either party, the Union or
City, may request FMCS to provide another impartial neutral panel from
which to choose. Notwithstanding the provisions of this section, an arbitrator
other than outlined above may be mutually selected by the parties to
the arbitration proceeding.
The
arbitrator shall have the jurisdiction and the authority to hear a
grievance as defined in this article and to render a decision which is
final and binding upon the parties, as required by law.
The arbitrator in rendering his decision, shall have no
authority to change, amend, add to, subtract from or otherwise alter
or supplement this agreement or any part thereof or any amendment
thereto. Any question
concerning arbitrability will be decided by the arbitrator selected to
hear the grievance.
Each
party shall bear the expense of its own witnesses and its own
representatives. The
parties shall equally share the expense of the impartial arbitrator.
Any party requesting a copy of the transcript of such
arbitration hearing shall be responsible for its cost.
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30.1
In addition to sums presently being paid by the City as its
contribution to the Firefighters' Pension Trust Fund, the City agrees
that it will continue to credit employees hired prior to May 9,
1978 with an amount equal to five (5) percent of earnings as a member
contribution to the Firefighters' Pension Trust Fund as provided in
Section 23‑80 (A) (2) of the City of Melbourne Code.
30.2
Increase the pension multiplier
from 3.0% to 3.25% effective October 1, 2008 for all new retirees on
or after that date. The
unfunded actuarial liability for all members is to be paid from a one
time initial payment from the Enhanced Benefit Account (EBA) based on
information obtained from the February 6, 2008 actuarial impact
analysis by Freiman Little Actuaries.
In addition to the use of EBA funds, certain premium tax funds
that are currently unallocated shall be designated for use by the
Pension Plan to reduce the accrued liability associated with this
benefit increase. The use of unallocated premium tax will reduce the
amount of EBA funds needed to pay the balance of the unfunded
actuarial accrued liability. The annual cost of funding this benefit improvement shall be
paid by increasing the employee’s contribution by 1.25%; said
increase shall be added to the current 4.75% for a total contribution
by the employee of 6.0% effective the first paycheck in April 2009.
However, members who retired including those who entered the
Deferred Retirement Option Program (DROP) on or after October 1, 2008
and who received a sick and/or vacation leave distribution shall pay
the additional 1.25% employee contribution (for a total of 6.0%) on
those sick and vacation leave distributions.
The
6.0% employee contribution rate shall be set for three years.
For the fiscal years beginning October 1, 2011 and October 1,
2014, there shall be an actuarial valuation to recalculate the cost of
this benefit improvement. Up
to 50% of the unallocated premium tax (State) funds shall be used to
offset the employee’s contribution and up to 50% of the unallocated
premium tax (State) funds shall be used to offset the employer’s
contribution for this multiplier increase.
30.3
To the extent sufficient funds are available in the EBA, five (5) years
after retirement the monthly supplemental benefit shall be increased by
fifty percent (50%) (Note: from
$5.00 to $7.50) Should
insufficient funds be available in the EBA to pay both the increased
supplement and the variable cost of living adjustment, then the monthly
supplement shall be paid first and the funds remaining in the EBA shall
be used to provide the variable cost of living adjustment on a pro rata
basis.
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31.1 If any provision of this Agreement, or the
application of such provision, should be rendered invalid by the final
action of a court of competent jurisdiction, the remaining parts or
portions of this Agreement shall remain in full force and effect.
If such an invalidating action occurs, the Union and Employer
will meet as soon as possible and agree upon a replacement article or
articles.
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32.1 This Agreement shall be binding on the successors
and assigns of both parties hereto, and no provisions, terms, or
obligations herein contained shall be affected, modified, altered, or
changed in any respect whatsoever by the consolidation, merger,
annexation, transfer, or assignment of either party hereto, or
affected, modified, altered, or changed in any respect whatsoever by
any change of any kind of ownership or management of either party
hereto, by any change geographically or otherwise in the location or
place of business of either party hereto.
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33.1 Tuition
Grant Program - The Union and the City agree to encourage
Firefighters to further their education.
The City shall, subject to availability of budgeted funds,
provide a grant to bargaining unit members excluding DROP participants
in an amount not to exceed the prevailing credit hour rate for
undergraduate courses, as appropriate, at the University of Central
Florida and two-year degree programs, as appropriate, at the Brevard
Community College rate, for any accredited courses not funded by other
sources, which have been completed by an employee if the following requirements
A. The course is a required part of a degree program that is job
related or is a Paramedic certification class.
B. Approval
to attend is obtained by the employee prior to attendance.
C. A
final grade of "C" or better is earned for undergraduate
courses.
C.
A final grade of "B" or better is earned for graduate
courses.
E.
For the paramedic certification class the employee must become
a State Certified Paramedic.
The
costs for books and other fees required or assessed by the educational
institution shall be borne by the City up to a maximum of one hundred
fifty ($150) dollars per approved course.
In
the event an employee covered by this Agreement leaves the City's
employment after receiving a tuition grant for any approved course, the
employee will be required to refund to the City a pro-rated amount of
the grant. Such refund
shall be computed based on the following sliding scale following the
completion of the course:
| Within one year: |
100% of grant |
| Within two years |
75% of grant |
| Within three years |
50% of grant |
| Within four years: |
25% of grant |
| After four years |
0% of grant |
:
In the event an employee
covered by this Agreement is involuntarily laid off, the reimbursement
requirements above shall be waived.
Approval
or disapproval for attendance shall be the decision of the Fire Chief.
His decision concerning sub‑paragraphs A and B shall be
final.
33.2 Where the best interests of the City are served by
schooling, seminars, or classes for the employees covered by this
Agreement, actual costs incurred shall be borne by the City as approved
by the City. The City shall
pay meals for all mandatory education and/or certification courses
requiring travel in accordance with established City policy.
33.3 All of this education must be earned while a City
employee to receive the above stipulated benefits.
In
addition, the City will pay the biannual (every two years)
re-certification fee for Certified Emergency Medical Technicians and
Paramedics.
Re-certification
training for Emergency Medical Technicians and Paramedics shall be
provided by the City.
33.4 Job-Related Schooling - Individuals requesting time
off to attend a job-related class provided for herein, i.e., EMT/Paramedic,
fire technology, will be approved, provided the following conditions are
met:
A. Personnel needing time
off to attend approved job-related classes will be required to use a
standby or partial vacation. Partial
vacation will be approved pursuant to the provisions of Article 34.
B. The requesting individual
will return to duty following the class.
C. Personnel attending
school at the Fire Department's request will not be required to use
standby or vacation procedures.
D.
Personnel attending Paramedic school by their request and at the
City’s expense, shall be held accountable for completing the course.
For those employees that do not complete the Paramedic course
because of failing grades, expulsion, or by not completing the course
requirements by the end of the regular class schedule will be required
to reimburse the City the cost of tuition and books for the course.
33.5
The City and the Union agree to implement a series of
re-occurring fire suppression classes covering subjects such as tactics
and strategies, incident command, confined space rescue, vehicle
extrication, pump operator, etc. The
City further agrees to, whenever possible, provide college-level courses
at the training facility to allow more employees the opportunity to
attend.
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34.1 Twenty‑four
hour shift employees of the bargaining unit shall be eligible for
vacation with pay in accordance with the following schedule:
One through five years...........................Six shifts
(144 hours)
Six through nine years............................Seven shifts
(168 hours)
Ten through fourteen years.....................Eight shifts
(192 hours)
Fifteen years or more..............................Eleven shifts
(264 hours)
Effective
October 2009 the City and the IAFF agree to increase the above vacation
accrual rate by thirty-two (32) hours per year and decrease the holiday
schedule by two days, Presidents Day and Veterans Day.
Employees with under ten years of
service may accrue up to a maximum of 1080 hours of vacation leave.
Employees with ten or more years of service may accrue up to a
maximum of 1500 hours of vacation leave.
Firefighters with more than 1500 hours of accrued vacation leave as of
the date of ratification shall be allowed to exceed the 1500 hours
maximum. These individuals
shall not exceed a maximum of 2160 hours.
In the event their vacation balance is reduced to less than 1500
hours, then the 1500 hour maximum shall apply.
The
number of employees allowed off per shift is as follows:
2 Lieutenants
2 Drivers
3 Firefighters
Employees
may elect to schedule vacation leave for six (6) hours or twelve (12)
hours for job related school. In
the event a class is cut short or cancelled beyond the employee’s
control the employee may return to work and only be charged for the time
actually taken. Vacation requests for six (6) or twelve (12) hours shall
be submitted on the appropriate forms and require no less than
seventy-two (72) hours notice prior to the day leave is requested.
Employees
shall be allowed to schedule vacation up to ninety (90) days prior to
the actual time off with the exception of extended leave requests or
travel out of the country which will be allowed one hundred and eighty
(180) days prior approval.
34.2 Non-shift employees will accumulate vacation leave
in accordance with the following schedule:
One through five years................................80
hours
Six through nine years.................................96
hours
Ten through fourteen years.........................120
hours
Fifteen years or more...................................176
hours
Effective
October 2009 the City and the IAFF agree to increase the above vacation
accrual rate by sixteen (16) hours per year and decrease the holiday
schedule by two days, Presidents Day and Veterans Day.
34.3 Non-shift employees shall accrue compensatory leave
in accordance with the City’s Personnel Policies and Procedures. Twenty-four hour shift personnel shall accrue a maximum of
120 hours of compensatory time.
34.4
One time per calendar year employees may cash out up to one-half
of their current annual accrual at the employee’s then current rate of
pay, provided that the resulting accrued vacation leave balance after
the buyback will remain greater than 140 hours.
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35.1 Sick leave shall accrue at the rate of 12 hours per
month for 24 hour shift employees with a maximum accrual of 1008
hours. Non-shift
employees shall accrue leave at the rate of 8 hours per calendar
month, or 96 hours per year, up to a maximum of 720 hours.
Sick leave shall be charged on the basis of 1 hour for each
hour used. Once the maximum accrual is reached, members shall be paid
for one-half (50%) of the accrued hours in excess of 1008 hours (720
hours for forty hour a week employees).
The payment will be made at the employee’s applicable rate of
pay and will be made no later than the fifteenth of December.
35.2 In the event that sick leave is required for
personal illness, the employee shall notify the Battalion Chief at
least one hour prior to his required starting time.
35.3 Sick leave becomes effective upon the completion of
one month's employment.
35.4 All sick time accumulated prior to the effective
date of this Agreement shall be retained by the employee.
35.5 Sick leave shall be charged only against an
employee's regular work day, and shall not be charged for absences on
pre‑arranged overtime work and unscheduled call‑in
overtime work days. Sick
leave, once taken, may not be converted to vacation leave.
35.6 Employees
with a sick leave accumulation of two hundred forty (240) hours or
more may convert twenty-four (24) hours of sick leave to twenty-four
(24) hours of vacation leave once per quarter as long as no sick leave
has been used during that quarter.
For the purpose of this article, the first quarter starts on
October 1 and ends on December 31.
35.7
Any shift
employee covered by this Agreement who works a full year and does not
use any sick leave within that period (October 1 through September 30)
will be allowed to convert an additional twenty-four (24) hours of
sick leave to twenty-four (24) hours of vacation leave.
Any non-shift employee covered by this Agreement who
works a full year and does not use any sick leave within that period
(October 1 through September 30) will be allowed to convert an
additional eight (8) hours of sick leave to eight (8) hours of vacation
leave.
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36.1 If a member dies while an active member of the Fire
Department, his beneficiary or estate will receive compensation for
all hours of unused sick leave at his current hourly rate of pay.
An employee shall be entitled to receive terminal leave
pay upon his retirement for a period of time equal to 1/2 of such
employee's unused, accumulated sick leave at his current rate of pay.
Retirement is defined as an employee's termination from City
employment for retirement under the provisions of the Melbourne
Firefighters' Pension Trust Fund.
.
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37.1 The Union recognizes the prerogative of the City to
operate and manage its affairs in all respects in accordance with its
responsibilities, and the powers or authority which the City has not
officially abridged, delegated, or modified by this Agreement are
retained by the City, provided that actions taken by the City are not
in conflict with the provisions of this Agreement.
37.2 Except as provided in this Agreement, management
officials of the City retain the rights, in accordance with applicable
laws, regulations, and provisions of the Personnel Rules and
Regulations which are not in conflict with this Agreement, which
include but are not limited to the following:
A. To manage and direct
the employees of the City.
B. To hire, promote,
transfer, schedule, assign, and retain employees in positions with the
City.
C. To suspend, demote,
discharge, or take other disciplinary action against employees for
just cause.
D. To relieve employees
from duties because of lack of work, funds, or other legitimate
reasons.
E. To maintain the
efficiency of the operations of the City.
F. To determine the
methods, means, and personnel by which such operations are to be
conducted.
G. Organization of City
government.
H. The number of employees
to be employed by the City.
I. The number, types, and
grades of positions or employees assigned to an organizational unit,
department, or project; provided, however, that ranks and positions
existing within the bargaining unit upon the effective date of this
Agreement will remain in effect throughout the duration of this
Agreement.
J. Internal security
practices.
K. Those matters covered
by the Personnel Regulations.
37.3 If, in the sole discretion of the City Council, 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 by the
City Manager during the time of the declared emergency, provided that
wage rates and monetary fringe benefits shall not be suspended.
37.4 It is understood by the parties that every
incidental duty connected with operations enumerated in job
descriptions is not always specifically described, and employees, at
the discretion of the City, may be required to perform duties not
within their job descriptions within the Fire Department, provided
those duties are reasonably connected to carrying out the mission of
the Fire Department.
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38.1
The City agrees that
in the event of an on the‑job‑injury to a bargaining unit
employee, said member will be carried at full pay on the rolls of the
Fire Department, and the time lost as a result of an
on‑the‑job injury will not be charged against any existing
sick leave time for the first 7 calendar days.
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39.1
Effective upon ratification covered employees shall advance one
step in their respective salary schedule retroactive to the first
paycheck in April 2009.
All
employees who are promoted to a higher rank will receive a salary
increase to the minimum for that rank.
If the minimum pay step in the new rank results in less than a
two-step pay increase for the employee in their current salary, the
employee shall be placed in a step which equals a minimum two-step
increase. Employees
promoted to a day position will receive a two-step differential which is
forfeited if an employee returns to a 24-hour shift schedule.
39.2
Employees who are at the top of their respective pay grade and
who have completed at least fourteen years of service in the Combat
Division of the Fire Department shall receive an annual longevity pay
bonus in accordance with the following schedule:
14
years to 18 years of service
$ 500.00
19
years to 23 years of service
$1000.00
24
years of service and above
$1500.00
39.3
Employees who have earned a Fire Technology Certificate through
Brevard Community College or through a program which contains similar
curriculum and contact hours shall advance one step above the step they
would fall into based on their time in rank.
Employees who have earned an Associate Degree in Fire Science
beyond the Fire Technology Certificate shall advance one additional
step. The parties agree
that completion of any seven of the Fire Technology classes in the
Associate Degree in Fire Science shall be the equivalent of a Fire
Technology Certificate. Employees
who have earned an Associates Degree in Emergency Medicine (EMS) shall
advance two steps in lieu of the Fire Technology Certificate and Fire
Science Degree. The intent of this article is to provide a maximum two-step
increase for education.
Employees
licensed and performing the duties of a solo paramedic and while
assigned as a preceptor or fire instructor shall receive an incentive
pay of $100.00 per month. The
selection and number of preceptors will be made by the Fire Chief and
the Medical Director.
39.4
Effective the first pay check in April 2010 employees shall
advance one step in their respective salary schedule.
39.5
Effective the first pay check in April 2011 employees shall
advance one step in their respective salary schedule.
39.6 All licensed Paramedics achieving Solo status, as approved by the
Melbourne Fire Department’s Medical Director, and functioning as a
Solo Paramedic shall receive an incentive in accordance with the
following schedule:
0
years service through 2 completed years service
= $4000
2
years service through 4 completed years service = $4500
4
years service through 6 completed years service
= $5000
6
years service through 8 completed years service
= $5500
8
years service through 10 completed years service = $6000
10+
years service
= $6500
Effective
October 1, 2005, employees shall be placed into the appropriate schedule
based on their years of Solo Paramedic service on that date.
Employees shall advance through the schedule as applicable each
year on October 1st based on years of service as of that
date.
Paramedics
with previous experience as a Solo Paramedic in a similar service may be
slotted in the previous schedule based on a factor of fifty percent for
each full year of completed service as determined by the Fire Chief.
39.7
The Union and the City agree that to effectively provide ALS
service to the citizens of Melbourne a minimum number of Solo Paramedics
is needed. This number will
be determined by multiplying the number of ALS permitted vehicles being
manned within the Fire Department as follows: For the first five (5) ALS
permitted vehicles, the multiplier shall be six (6). For any additional ALS vehicles, the multiplier shall be four
(4). As the number of
manned ALS permitted vehicles may change from time to time so will the
required number of Solo Paramedics.
A Solo Paramedic may at his discretion drop his Solo status so
long as the number of Solo Paramedics on staff is above the minimum as
determined by this contract.
In
the event a Solo Paramedic requests to drop his Solo status and the
number of Solo Paramedics is at or below the minimum a panel of four (4)
Melbourne Fire Department employees shall be convened.
This panel shall consist of the Asst. Chief of EMS, the Training
Coordinator, or one other Asst. Fire Chief, and two Solo Paramedics
chosen by the Union. The
panel will hear the employee’s case and determine by a majority vote
as to whether the employee may drop his Solo status.
In the event of a tie, a written summary of the case shall be
presented to the Medical Director for his determination.
The panel’s decision will be final and may not be contested.
In
the event the Department’s Medical Director directs the Asst. Chief of
EMS to remove the Solo status of an existing Solo Paramedic the Asst.
Chief of EMS shall convene the above- mentioned panel to hear the
employee’s side of the issue(s).
If by majority vote the panel decides the Medical Director’s
decision is warranted, the employee’s Solo status will be suspended.
Any suspension of Solo status shall be accompanied by a plan set
forth by the Medical Director for the employee to regain his Solo
status.
If
by majority vote the panel decides the Medical Director’s decision is
not warranted, the Asst. Chief of EMS shall work with the Medical
Director to work towards an acceptable solution to address the issue(s)
in concern.
The
City agrees to continue encouraging its existing employees to attain
Paramedic training, and will continue the practice of paying tuition for
the Paramedic program up front as well as recruiting paramedics.
The City will continue the practice of allowing employees time
off from work, without loss of pay and/or benefits, to attend class and
labs for Paramedic training. Employees
shall be required to maintain their Solo Paramedic status for a period
of six (6) years to fulfill their obligation in relation to any
pre-employment stipulation or agreement to obtain their Paramedic
certification and Solo status.
39.8
In the event an employee is no longer providing EMT, EMT-I,
Paramedic or Solo Paramedic service the employee’s salary/incentive
shall be adjusted accordingly.
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40.1 This
Agreement shall be effective as of October 1, 2008, and shall remain
in full force and effect until September 30, 2011.
40.2 This
Agreement is accepted as the total contract between the City of
Melbourne and Local 1951, International Association of Firefighters,
and is recognized to include all previous Memoranda of Agreement.
40.3 Negotiations
may be opened by either party 90 days prior to September 30, 2011.
At least 120 days prior to the expiration of this agreement,
the parties will meet to discuss conceptual goals, proposals, and
ground rules in preparation for negotiations.
40.4
In accordance with the provisions of Florida Statutes, Chapter
447, should the City fail to appropriate sufficient funds to support
this contract, the parties shall meet to bargain over the impact on
affected parts of the agreement.
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