HomeMy WebLinkAboutDocumentation_Regular_Tab 03_06/10/2010 VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: N/A
June 10, 2010
Consent Agenda: No Resolution #: Click here to enter text.
Originating Department: Human Resources
2. AGENDA ITEM TITLE:
Approve the ratified IAFF Union three (3) year contract for the period 2010/2013
3. BUDGET / FINANCIAL IMPACT:
Account #: 001 - 192.512.100 Amount of this item: Click here to enter text.
Current Budgeted Amount Available: Amount Remaining after item:
$1,430,814 Click here to enter text.
Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item.
item.
4. EXECUTIVE SUMMARY OF MAJOR ISSUES:
Consideration and approval of IAFF 2010 -2013 contract.
5. APPROVALS:
Dept. Head: Finance Director '
Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION:
• APPROVE ITEM:
• DENY ITEM: ❑
Village of Tecluesta
Memo
To: Michael R Couzzo, Jr., Village Manager
From: Merlene Reid, HR Manager
Date: June 2, 2010
Re: 2010 -2013 IAFF Contract
The Village held its final bargaining session with the IAFF on Wednesday, May 19
On May 24 the IAFF presented the Village with a draft Agreement, and asked that it
be presented to the Council for their consideration.
Arising from the directive of the Council at an Executive session held in late May, and
the IAFF's subsequent response, the attached contract is being submitted to Council
for consideration and approval (Exhibit 1).
While ratification has been scheduled for Monday, June 7 a signed copy of the draft
agreement signature page has been received from Union President, Michael Mayo
and Negotiating Team Member, Raymond Giblin, dated May 27, 2010 (Exhibit 2).
1
Professional firefighters/ ra i
of Palm Beach County, I
IAFF Local 292
I . F 2328 South Congress Avenue ® Suite 2 -C
West Palm Beach, Florida 33406 -7674
A L. 1O 561- 969 -0729 ® Fax: 561 - 969 -1059
CLC
www.IAFF2928.com
June 7 2010
Mr. Michael R. Couzzo, Jr., Village Manager
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Dear Mr. Couzzo:
I am writing this letter to inform you that the 2010 -2013 Collective Bargaining Agreement
between the members of Professional Firefighters /Paramedics of Palm Beach County,
Inc., Local 2928, and the Village of Tequesta was voted on during meetings held at
Station 1 and Station 2 on June 7th, passed and therefore was ratified.
If you should need any additional information regarding this ratification vote, please do not
hesitate to contact me; otherwise, thank you very much for your time and consideration
with this matter.
Sincerely,
Micha J. Ma y o "
President
c: M. Floyd
R. Giblin
Affiliated with the International Association of Fire Fighters, AFL -CIO, CLC
#—
EXHIBIT 1
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF TEQUESTA
AND
PROFESSIONAL FIRE FIGHTERS /PARAMEDICS OF
PALM BEACH COUNTY,
LOCAL 2928, IAFF, I -NC.
OCTOBER 1, 2010 TO SEPTEMBER 30, 2013
TABLE OF CONTENTS
ARTICLE1 PREAMBLE ....................................................... ............................... 4
ARTICLE 2 RECOGNITION .................................................. ............................... 5
ARTICLE 3 DUES CHECKOFF ............................................. ............................... 6
ARTICLE 4 UNION BUSINESS ............................................. ............................... 7
ARTICLE 5 BULLETIN BOARDS ............................................ ..............................8
ARTICLE 6 MEETING ROOMS ............................................. ............................... 9
ARTICLE 7 MANAGEMENT RIGHTS ................................ ............................... 10
ARTICLE 8 MEETING WITH MANAGEMENT ................... ............................... 11
ARTICLE 9 SAFETY COMMITTEE ....................................... ............................... 12
ARTICLE 10 NON DISCRIMINATION ......................................... .............................13
ARTICLE 11 STRIKES AND ILLEGAL ACTIVITY ................. ............................... 14
ARTICLE 12 PERSONNEL REDUCTION ............................... ............................... 15
ARTICLE 13 SENIORITY ....................................................... ............................... 16
ARTICLE 14 PROBATIONARY EMPLOYEES ...................... ............................... 17
ARTICLE 15 DISCIPLINARY ACTION AND DISCHARGE .... ............................... 18
ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE .......................... 19
ARTICLE 17 PERFORMANCE REVIEW ................................ ............................... 21
ARTICLE 18 PROMOTIONS ...................................................... .............................22
ARTICLE 19 PAY PLAN .......................................................... ............................... 26
ARTICLE 20 WORKWEEK ..................................................... ............................... 29
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ARTICLE 21 OVERTIME ............................................................ .............................31
ARTICLE 22 EXCHANGE OF TIME ....................................... ............................... 32
ARTICLE23 CALL BACK ........................................................ ............................... 33
ARTICLE 24 INCENTIVE PAY ................................................. ............................... 34
ARTICLE 25 EDUCATION ....................................................... ............................... 35
ARTICLE 26 CERTIFICATION ................................................... .............................36
ARTICLE 27 UNIFORMS ......................................................... ............................... 37
ARTICLE 28 VACATIONS .......................................................... .............................39
ARTICLE 29 HOLIDAYS ......................................................... ............................... 42
ARTICLE 30 BREAVEMENT LEAVE ...................................... ............................... 43
ARTICLE 31 COURT TIME ...................................................... ............................... 44
.ARTICLE 32 JURY DUTY .................................................. ............................... 45
ARTICLE 33 INSURANCE ................................................... ............................... 46
ARTICLE 34 PENSIONS ........................................................ ............................... 47
ARTICLE 35 DOCUMENTS ................................................ ............................... 48
ARTICLE 36 USE OF PERSONAL VEHICLES .................... ............................... 49
ARTICLE 37 STATION CONDITIONS .................................. ............................... 50
ARTICLE 38 SAVINGS CLAUSE ........................................... ............................... 51
ARTICLE 39 REPLACEMENT OF PERSONAL PROPERTY .............................. 52
ARTICLE 40 PREVAILING BENEFITS .................................... ............................... 53
ARTICLE 41 DURATION OF AGREEMENT ....................... ............................... 54
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ARTICLE 42 EMPLOYEE ASSISTANCE PROGRAM ..... ............................... 55
ARTICLE 43 EMPLOYEE BILL OF RIGHTS ............... ............................... 56
ARTICLE 44 SICK LEAVE ..................................... ............................... 57
ARTICLE 45 LEAVES OF ABSENCE ......................... ............................... 59
ARTICLE 46 FITNESS FOR DUTY ....................................... ............................... 60
ARTICLE 47 COMMUNICABLE DISEASES ..................... ............................... 62
ARTICLE 48 DISABILITY LEAVE ................................. ............................... 65
ARTICLE 49 SUBSTANCE ABUSE POLICY AND TESTING .............................. 66
ARTICLE 50 MEDICAL EXAMINATIONS ................... ............................... 67
SIGNATUREPAGE ................................................................ ............................... 69
ATTACHMENTA ..................................................................... ............................... 70
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ARTICLE 1 PREAMBLE
Section 1 . This Agreement is entered into by and between THE VILLAGE OF
TEQUESTA, hereinafter referred to as the Village, and the PROFESSIONAL FIRE
FIGHTERS /PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.
hereinafter referred to as the Union.
Section 2 . It is expected that all members of the Bargaining Unit will, at all
times, exhibit the high degree of professionalism and moral standards commensurate
with the stature of the position of uniformed public servant being entrusted to them.
Section 3 . It is the purpose of this Agreement to establish an orderly and
peaceful procedure for settling differences, which may arise, and to set forth the basis
and full agreement between the parties concerning rates of pay, wages, hours of work,
and other conditions of employment.
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ARTICLE 2 RECOGNITION
The Village recognizes the Union as the exclusive bargaining representative for the
employees of the Village of Tequesta Fire - Rescue Department certified by the Public
Employees Relations Commission (PERC cert. #RC- 2007 -004) as follows:
COVERED BY THIS AGREEMENT All full -time and probationary
personnel in the position of: Firefighter (Firefighter, Firefighter I,
Firefighter II, and Firefighter III) and Lieutenant (Rescue Officer, Rescue
Officer I, and Rescue Officer II).
NOT COVERED BY THIS AGREEMENT Fire Chief, Captain (Fire
Officer, Fire Officer I, Fire Officer II and Fire Officer III), part-time casual
firefighters and part-time casual fire inspector, interim firefighters, non -
certified employees in the Fire Department, and all other employees of the
Village of Tequesta.
Part-time employees are not included in the bargaining unit and wages, hours, and
terms and conditions of employment for part-time employees shall not be controlled by
this agreement. If part -time employee is hired as a full -time employee, this agreement
shall be applicable as of the first day of such employee's full -time employment.
5
ARTICLE 3 DUES CHECKOFF
Section 1 . Employees who wish to join the Union and have their dues and
assessments deducted through the payroll system may authorize the Village to make
such deductions by using the Union's "Dues Check -off Authorization" form. This
authorization shall remain in effect until such time as the Village has received notice of
revocation of this authorization. Deductions shall be submitted to the Union each
payroll period, and an itemized statement shall be provided to the Union on a monthly
basis.
Section 2 . The Union shall remit to the Village on a quarterly basis the sum of
$1.00 as the administrative fee for each change in the dues check -off, invoiced by the
Village. Failure to pay this quarterly fee shall delay the payment of the dues deduction
until the fee is paid.
Section 3 . The Union agrees to indemnify and hold the Village harmless against
any and all claims, suits, order or judgments brought or issued against the Village on
account of dues erroneously collected by the Village and /or remitted to the Union. The
Union further agrees to refund to the Village any amounts paid to the Union in error
upon presentation of proper evidence thereof.
6
ARTICLE 4 UNION BUSINESS
Section 1. Each employee shall be allowed to voluntarily contribute any
accrued leave to the Union Time Pool, The Union Time Pool may be used for Union
business upon approval by the Union President or designee. Employees shall be
released from duty on Union Time Pool only if the established needs of the service
permit, with the approval of the Chief.
Section 2. Union Time Pool hours will be used on an hour for hour basis.
Section 3. The Union will be allowed up to two (2) designated employee
representatives from the Bargaining Unit, who shall be permitted to participate in labor
contract negotiation sessions while on duty with no loss of pay or emoluments. It is
contemplated that the designees will not change except for substantial reason not
related to the question of pay or scheduling.
Section 4. It is agreed that the employees identified in Section 3 above will be
compensated at a straight time rate of pay on an hour for hour basis. In the event the
person covering the shift is unable to work due to illness and the Village has to call in
overtime, the Village will pay the employee and deduct from the union time pool,
sufficient funds to cover the hourly rate, either straight or time and one half as
necessary.
Section 5. It is further agreed that the Village shall provide a written
accounting of the usage of the Union Time Pool on a monthly basis.
7
ARTICLE 5 BULLETIN BOARDS
Section 1 . The Village shall furnish space at the Fire Station for a bulletin
board for the purpose of Union notices. Material posted shall be approved by the Fire
Chief or his or her designee. Any notice placed on the bulletin board shall bear on its
face the legible designation of the person responsible for placing such notice or item on
the board.
Section 2 . Bulletins, notices, or materials posted shall contain nothing of a
derogatory nature towards the Village, its elected officials, its officers, employees,
political candidates, or others. Postings in favor of political candidates are also
prohibited.
Section 3 . Notices posted must be dated and bear the signature of the Fire
Chief and Union Officer or his or her authorized representatives who shall be held
responsible for the content of such material.
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ARTICLE 6 MEETING ROOMS
Section 1 . The Village agrees to grant the Union permission to use meeting
rooms for its meetings as space and scheduling permit.
Section 2 . The Union will supply the Village with an annual schedule of
meetings and will provide seventy -two (72) hours notice of special meetings.
Section 3 . The Union agrees to leave any meeting room in its original
condition at the end of the meeting. The Union will be financially responsible for any
damage to facility, equipment or furnishings.
Section 4. On duty personnel shall be able to attend meetings that are held
within the Village of Tequesta provided that there shall be no delay on call response due
to their attendance of any such meeting. All such meetings, shall be approved by the
Fire Chief at least forty eight (48) hours in advance of the meeting.
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ARTICLE 7 MANAGEMENT RIGHTS
Section 1 . Subject to the specific provisions of this Agreement, the parties
agree that the Village has and will continue to retain the rights to operate and manage
its affairs in all respects; and the powers or authority which the Village has not officially
abridged, delegated or modified by the express provisions of the Agreement are
retained by the Village.
Section 2 . The rights of the Village through its management officials shall
include, but shall not be limited to;
a. The right to determine the organization of the Village government;
b. To set standards of service to be offered to the public; to direct the employees of
the Village, including the right to assign work and overtime;
c. To schedule the working hours;
d. To hire, examine, classify, promote, train, transfer, layoff, recall, schedule
and assign.
e. To suspend, demote, discharge, or take other disciplinary action against
employees for just cause;
f. To alter or amend work rules or regulations; to exercise control and
discretion over the organization and efficiency of operations of the Village.
g. To make and enforce work standards, protocols, and operational
standards;
h. To determine the content of job classifications;
i. To determine the locations, methods, means and personnel by which
operations are to be conducted, including the right to determine whether
goods and services are to be made or purchased.
j. To establish, modify, combine or abolish positions; to establish, change or
eliminate existing methods of operation, materials, equipment or facilities
and to establish implement and maintain an effective internal security
program .
k. To determine the purpose for each of its constituent departments;
I. To increase, reduce, change, subcontract, modify or alter the composition
and size of the work force, including the right to relieve employees from
duty because of lack of work or funds;
m. The Village has the authority to determine its purpose and mission and to
prepare and submit budgets.
Section 3 . The exercise of rights enumerated in this Article shall not conflict
with other provisions of the Agreement.
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ARTICLE 8 MEETINGS WITH MANAGEMENT
Section 1 . At mutually agreeable times and upon request of either party, the
District Vice President or President of the Union and the Fire Chief shall meet for the
purpose of discussing any matter of mutual interest.
Section 2 . The District Vice President or the President of the Union may
schedule meetings with the Village Manager to discuss matters of concern provided that
the request for such a meeting is submitted in writing and identifies, at least generally,
the issues to be discussed. If such issues involve the operation of the Fire Department,
such issues must be brought forward for discussion with the Fire Chief, except in the
event that such issues involve the performance of the Fire Chief.
Section 3 . The purpose of these meetings is to stimulate ideas and foster
good working relationship between the Union and the Village. These meetings are not
intended to circumvent the chain of command, but instead are designed to provide an
opportunity to communicate ideas and /or suggestions and to avert possible grievances.
All grievances, however, must be addressed through the proper procedure as
established by this Agreement.
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ARTICLE 9 SAFETY COMMITTEE
Section 1. There is a Safety Committee in the Village of Tequesta, which
consists of representatives of all departments, with the Human Resources Director
serving as the Chair and the Fire Chief as the Co- Chair. One (1) member may be
appointed by the Union to serve on this Safety Committee.
Section 2. The Safety Committee shall elect a Chairman and set meetings at
least quarterly, or more or less often if needed.
Section 3 . The purpose of these meetings will be to discuss safety and health
conditions for all employees with the Village of Tequesta and in accordance with F.S.
633.810 for the Fire - Rescue Department.
Section 4. Meetings shall be conducted on a semi - formal basis following an
agenda, which shall include items submitted by any member of the Committee to the
Chairman at least ten (10) calendar days prior to the meeting, together with such
information as may be helpful in preparing a meaningful meeting agenda program. The
agenda shall be provided to each member of the Committee. The Safety Committee
shall arrange for minutes to be taken of each meeting and for distribution of copies to
each member of the Committee in advance of the next meeting.
12
ARTICLE 10 NON - DISCRIMINATION
Section 1. All employees shall have the right to form, join and participate in, or
refrain from forming, joining or participating in any employee organization of their
choosing, including the Union. Neither the Village nor the Union shall interfere with,
restrain or coerce public employees in the exercise of any rights guaranteed them under
Chapter 447, Part II, Florida Statutes, or the provisions of this Agreement.
13
ARTICLE 11 STRIKES AND ILLEGAL ACTIVITY
Section 1. A "strike" shall be defined as the concerted failure to report for duty,
a concerted absence of employees from their positions, a concerted stoppage of work,
a concerted submission of resignations, a concerted abstinence in whole or in part by
employees from the full and faithful performance of their duties of employment with the
Village, or participating in a deliberate or concerted course of conduct which adversely
affects the services of the Village, or the concerted failure to report for work after the
expiration of a collective bargaining agreement.
Section 2. The Union recognizes that strikes by public employees are
prohibited by Article I, Section 6 of the Florida Constitution and section 447.505, Florida
Statutes. The Union agrees not to authorize, instigate, or otherwise support a strike, as
defined in this Article, and to undertake its best efforts to prevent or terminate any strike
which occurs in contravention of this commitment.
Section 3. The Union recognizes that it and all acting in concert with it shall be
liable to the penalties set forth in section 447.507, Florida Statutes, in the event of a
strike in violation of this Article; provided, the Union shall not be liable for such penalties
for a strike it did not authorize, instigate or otherwise support if the Union has complied
with the requirements of the second sentence of Section 2 of this Article, and provided
further it shall be the Union's affirmative obligation to show such compliance.
Section 4. The Village shall have the right to unilaterally terminate the
employment of any employee engaging in a strike. The only issue which shall be
grievable with reference to the termination is whether or not the employee was in fact
engaged in a strike.
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ARTICLE 12 PERSONNEL REDUCTION
Section 1 . In the case of a personnel reduction, probationary employees in the
classification to be reduced shall be laid off first. Thereafter, the employee in the
classification to be reduced with the least seniority shall be laid off first. For purposes of
this Article, employees who have any unsatisfactory remark in their performance
evaluation during the most recent annual evaluation shall have their seniority reduced
by one year. For purposes of this Article, Paramedics shall be considered a
classification only in order to prevent the number of Paramedics from being reduced
below State requirements.
Section 2 . Employees of the Department who are laid off from their
classifications may bump into the next lower classification for which they are qualified or
previously held in which case they may bump the most junior employee in the lower
classification if that junior employee has less seniority.
Section 3 . Employees who are laid off shall be recalled to the classification in
the reverse order in which they were laid off (those most recently laid off are the first
recalled) provided the employee is recalled within twelve J12) months of the date he or
she was laid off and provided that the employee continues to meet the minimum
requirements to perform the duties and responsibilities of the classification to which the
employee is recalled. Employees on layoff and subject to recall shall be offered recall
before employees are hired into their classification or shall be offered a new position in
another lateral or lower classification for which they are qualified before new employees
are hired into these other classifications. Notice of recall shall be mailed to the
employees last known address on file via certified mail with proof of delivery. If a written
response is not received from the laid off employee, within ten (10) business days of the
date of delivery, said employee shall forfeit their right to be recalled under the provisions
of this Agreement.
Section 4. Employees who are laid off shall be paid for all of their accrued sick
leave at a rate fifty percent (50 %) of their regular rate of pay. Employees who are laid
off shall also be paid their accrued vacation leave up to 320 hours at one hundred
percent (100 %) of their regular rate of pay.
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ARTICLE 13 SENIORITY
Section 1. Seniority shall be determined from date of hire as a full -time
employee with the Village Fire - Rescue Department, as a full time, paid employee. Part-
time casual fire fighters, part time fire inspectors and interim firefighters shall not accrue
seniority. If two (2) or more employees have the same date of hire, seniority shall be
determined by date of application with the Village.
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ARTICLE 14 PROBATIONARY EMPLOYEES
Section 1 . New employees will be on probation for a period of one (1) year
from the date of hire; however, the new employee's probation may be extended if the
employee becomes unable to work full duty for any reason. If the probationary period is
extended, the new employee's probation will continue when they return to full duty and
last until they have completed a total of twelve (12) months of probation. During the
probationary period, new hire probationary employees may be disciplined up to and
including termination with or without cause and shall have no rights to have the
disciplinary action including termination, grieved or arbitrated.
Section 2 . Employees who are promoted shall be on probation in the
promoted position for a period of twelve (12) months from the date of promotion.
Section 3. Newly hired probationary employees may not use vacation time or
time exchange during their probationary period. Time exchanges for probationary
employees may be granted for educational purposes and extreme hardships, if
approved by the Fire Chief.
17
ARTICLE 15 DISCIPLINARY ACTION AND DISCHARGE
Section 1. The Village may at any time dismiss or otherwise discipline any
non - probationary employee and any promoted probationary employee for proper cause.
The Village shall consider, among other things, the seriousness and frequency of
offenses when determining the appropriate discipline. Employees are not entitled to a
particular number of warnings prior to the imposition of discipline or discharge. The
Village may, at any time, discipline or dismiss any probationary new employee with or
without proper cause.
Section 2. The Village shall furnish a non - probationary employee and a
promoted probationary employee whom it dismisses from Village employment a written
statement outlining in detail the reasons for the termination and the date and time such
termination becomes effective. A copy of the above - mentioned statement shall also be
furnished to the employee's Department head. In any case in which an employee is
disciplined, the standard of proof shall be by a preponderance of the evidence.
Section 3. If criminal charges have been formally instituted against an
employee, the Village may place said employee on a leave of absence with or without
pay, or reassign the employee to an administrative position. During such leave of
absence, the Village may investigate and take appropriate disciplinary action against
the employee, and if no disciplinary action has been instituted, the employee shall be
reinstated and awarded back pay for the period of said leave of absence
Section 4. The Village shall notify an employee of the institution of any
administrative review or investigation, the result of which could ultimately result in the
imposition of discipline against the employee known by the Village at said time to be
involved, within ten (10) working days of the incident which gave rise to the review or
investigation or the Department Head's or Acting Department Head's knowledge of such
incident, whichever is later.
Section 5. Nothing contained herein shall preclude the Village from increasing,
decreasing or otherwise modifying any intended degree of severity of discipline prior to
the time such discipline is imposed by the Village. Provided, however, the Village may
not impose additional discipline against an employee for the same incident and based
upon the same facts and circumstances unless there is evidence or additional
information not known to the Village at the time of discipline being imposed which can
support the additional discipline. This limitation shall not prevent the Village from
utilizing such discipline as part of a progressive disciplinary program or as part of the
employee's employment record for further disciplinary actions or personnel purposes.
18
ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE
Section 1 . A grievance shall be defined as a dispute over the interpretation or
application of the provisions of this Agreement and a dispute over the discipline or
discharge of any member (except new hire probationary employees) covered by this
Agreement.
STEP 1 . A written grievance shall be filed within ten (10) calendar days of
the event giving rise to the grievance. The grievance shall be filed with
the Fire Chief. The Fire Chief shall meet with and discuss the grievance
with the aggrieved employee and Union representative if requested by the
employee, within five (5) calendar days of the written grievance. An
answer to the grievance shall be submitted to the Union and to the
aggrieved employee, in writing, within five (5) calendar days thereafter.
STEP 2 . If the grievance has not been satisfactorily resolved in Step 1,
the grievance shall be filed within seven (7) calendar days following the
completion of Step 1. The grievance shall be filed with the Village
Manager. The Village Manager, or his or her designee, shall meet with
and discuss the grievance with the aggrieved employee and Union
representative if requested by the employee, within five (5) calendar days
of the written grievance. An answer to the grievance shall be submitted to
the Union and to the aggrieved employee, in writing, within five (5)
calendar days thereafter.
STEP 3 . If the grievance has not been resolved in Step 2, the Union may
request a final and binding disposition by filing a written request for
arbitration with the Federal Mediation and Conciliation Service (FMCS)
within ten (10) calendar days of the completion of Step 2. The Union shall
have the exclusive right to proceed to arbitration on behalf of bargaining
unit employees.
Section 2 . Failure of the Village to respond within the timeliness guidelines of
a grievance shall result in the grievance being advanced to the next step. Failure of the
employee or Union to respond within the timeliness guidelines of a grievance shall
result in dismissal of the grievance.
Section 3 . Expedited Arbitration.- Terminations
Grievances filed in respect of an employee's termination shall be arbitrated on an
expedited basis. To accomplish this goal, the Village and the Union agree upon the
following procedures;
19
(1) The arbitrator must be notified immediately.
(2) After an arbitrator has been selected, the arbitration hearing shall
be held no later than thirty (30) days thereafter, unless the arbitrator
is unavailable within this thirty (30) day period.
(3) Briefs, if any, must be filed with the arbitrator no later than fifteen
(15) days after the close of the hearing, or after receipt of the
transcript, if a transcript is requested.
(4) The arbitrator must render an opinion within twenty (20) days of
receipt of the briefs.
Section 4 . The cost of the arbitration shall be divided equally between the
parties.
Section 5 . The Union reserves the right not to represent employees who are
not members of the Union.
Section 6 . In the event that either party claims that a dispute is non - arbitrable
the arbitrator will rule on that issue and also on the merits of the grievance if it is
determined to be arbitrable.
Section 7. The arbitrator shall have no power to alter, modify, amend or
subtract from the terms of the Agreement. In any grievance involving issues of back
wages, benefits or any other issue involving continuing money damages, the arbitrator
shall not be empowered to award damages occurring before the date the grievance was
filed retroactive to a date more than twenty (20) business days prior to the filing of a
grievance.
20
ARTICLE 17 PERFORMANCE REVIEW
Section 1 . Employees shall be evaluated annually by their immediate
supervisors and reviewed at higher levels. The format for rating an employee's job
performance shall be consistent with other departments in the Village and approved by
Management. Any guidelines, suggestions, or goals established in the annual
performance review shall be obtainable and able to be satisfied during on -duty hours
while working a regular working schedule and shall not be used as the basis for an
unsatisfactory rating on future evaluations
Section 2 . Employee may file a grievance over his or her performance rating
providing that such a grievance may not be taken to arbitration.
Section 3. Employees who have spent less than six (6) months in their current
step as a result of being recently hired or being recently promoted to Officer, shall not
be eligible for a step increase on October 1 of the first fiscal year following the
employee's date of hire or date of promotion. Such employees shall not be eligible to
proceed to the next step in the pay plan until the next performance review period the
following October.
Section 4. Any employee not in his or her new -hire probationary period who
receives an unsatisfactory evaluation shall not be entitled to a step increase for at least
ninety (90) days. At the end of the ninety (90) day period, such an employee shall be
re- evaluated. If the employee then attains a satisfactory or better evaluation, such
employee shall receive his or her step increase retroactive to his or her review period. If
an employee again receives an unsatisfactory evaluation, the employee shall not
receive a step increase for that year and may be subject to discipline with just cause.
Employees still in their new -hire probationary period who receive an unsatisfactory
evaluation shall be terminated.
21
ARTICLE 18 PROMOTIONS
Section 1 . Filling of Positions Once a position higher than firefighter
becomes vacant or is expected to be vacated the promotional process will begin. The
position announcement as well as the job description and qualifications for that position
will be posted by the Fire Rescue Administration Office. All qualified persons must
submit their intent to be considered for the position in writing to the Chiefs Office within
the time frame outlined in the announcement.
Section 2 . Notification of Examination Employees will be given written notice,
posted on all work location bulletin boards, at least ninety (90) days in advance of a
target promotional examination date. The testing will commence no sooner than ninety
(90) days after the notice, nor later than one hundred and fifty (150) days after the
notice._ Source materials from which the examination is drawn shall be given in writing
concurrent with the exam announcement and shall be in print or otherwise obtainable at
the applicant's expense.
Section 3 . Application for Examination No employee shall be permitted to
apply for a promotional examination after the announced closing date
Section 4 Eligibility Criteria for Promotional Examinations
A.) In order to be eligible to take a promotional examination, the applicant
must not have had any disciplinary action resulting in a suspension of
twenty (24) hours or more or any demotion, during the twelve (12) months
preceding the posting date of the notice of examination.
B.) Employees who apply for a promotion must have five (5) years of
experience in this department with a thorough knowledge of fire rescue
service work and at least one year at the rank of Firefighter III.
Section 5 Selection Procedures
A) Selection procedures for Rescue Officer I, shall include written
examinations, an oral interview board, and may include practical exercise
evaluations. Other considerations that will be added to the examination
scoring are Personnel evaluations, time in grade and educational
background, which shall be specified at the Announcement.
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B) First preference shall be given to qualified persons within the Department.
If there are no qualified persons from within the Department, or the
applicants fail in the examination process, the Chief of the Department
may advertise and hire through outside sources. At least one of the
written tests shall be obtained from an outside entity and the Village shall
give and score the test.
Section 6. Testing Security Procedures
A.) All candidates for promotion shall sign a statement that they are not
related by blood or marriage to any exam development team or committee
member; and that they have not received any prior knowledge of test
items.
B.) Candidates for the same rank shall be tested at the same time, subject to
the Village's ability to adequately staff the Department.
C.) Prior to the exam, the facilitator will announce a zero tolerance policy for
cheating, and follow up with close and continuous proctoring of the exams
(which may include video taping for documentation). Meaning, that any
employee caught cheating shall be disqualified from the promotional
process and subject to the appropriate disciplinary action.
D.) Protest Procedure:
1. The proper procedure for protesting shall be announced prior to
starting the test and shall include the following:
a. Item not from the reading list
b. No correct answer available
C. More than one correct answer
2. All protests must be noted at the conclusion of the exam. No
candidates are to be involved in the discussions related to the
resolution.
3. If a protest is determined to be valid, the affected item shall be
removed from the test of all candidates. All protests shall be
resolved within three (3) days of the exam.
E) Oral interviews shall be conducted using a blind numbering system. Each
candidate shall be assigned an applicant number, which shall be used as
an identification, in lieu of their name during the interview process.
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Section 7 Written Examinations
A) Eligible, qualified applicants shall take a written examination which shall
be graded. The passing grade (cutoff score for further consideration in the
process) for each written examination shall be established prior to the test
being scored.
Section 8 Oral Interview Boards
A) All applicants receiving a passing grade on the written examination shall
participate in the Oral Interview process; and
B) The interview shall be conducted using a panel of three (3) interviewers,
and shall be structured using a prepared series of questions relating to the
position being sought (the Village may use multiple panels if they
determine that the number of applicants is great enough); and
C) The results of the oral interview shall be scored.
Section 9 Overall Promotion Scoring
A) Weighting - Each component of the test shall be stand on its own merit. In
other words, each segment of the test will be scored with the total number
of correct answers. The sum of all tests will be added together to obtain
the top scoring applicant. The number of questions for each segment of
the test will announced as soon as possible, but at least thirty (30) days
before the testing begins.
B) Tie Breakers - In the event of a tie in the overall score, the tie shall be
broken by rating the applicant who had the highest written examination
scores above any other applicant who otherwise would have had a tie in
the overall score. If after comparing the written examination scores, a tie
still exists, it shall be decided by seniority.
Section 10. Promotional Registers
A) Applicants who have passed the written exam and oral interview shall be
placed on the Promotional Register.
Section 11 Duration of Promotional Register A Promotional Register shall
remain in effect for eighteen (18) months from the date the Register is established.
However, the Fire Chief can decrease or extend the time limit for the good of the
Department.
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Section 12 Removal From Promotional Register The name of any applicant
appearing on a Promotional Register may be removed, permanently, if the applicant
submits a written request, or as a result of a demotion or suspension of greater than
one (1) or more shifts.
Section 13 Selections From Promotional Registers
A) Selections for promotions will be from the Promotional Register and shall
be made by the Fire Chief who will select from the top scoring applicant.
B) Promotions and /or transfers to non - bargaining unit positions and /or non -
shift positions shall be filled at the discretion of the Fire Chief, with final
approval by the Village Manager.
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ARTICLE 19 PAY PLAN
Section 1 Wage Levels
A) Pay Plan - The wage levels for bargaining unit employees in the
classifications included in the Recognition Article are set forth in Attachment "A ",
attached hereto, and made a part of this Collective Bargaining Agreement.
B.) Schedule of Wage Increases The pay plan set forth in Attachment A shall
be frozen with employees remaining in their current steps for the 2010 -2011 fiscal year.
For the 2011 -2012 fiscal year and the 2012 -2013 fiscal year, employees shall advance
in the pay plan set forth in Attachment A in accordance with the terms of this Collective
Bargaining Agreement.
Fiscal Year 2012 -13
At least ninety (90) days prior to the beginning of the 2012 -2013 fiscal year, the parties
agree to reopen Article 19, Section 1, for additional bargaining for the limited purpose of
negotiating whether there shall be an across the board increase applied to the pay plan
set forth in Attachment A beginning October 1, 2012.
Section 2 Minimum Requirements for Classifications
A) Firefighter - Employees will automatically move to the classifications of
Firefighter II or Firefighter III upon completion and /or satisfaction of the criteria
contained in Policy #240.00, as revised on May 13, 2008. Such Policy is incorporated
by reference and considered to be part of this collective bargaining agreement but may
be amended at any time with agreement of the Fire Chief and Union President.
B) Rescue Officer - Employees will automatically move to the classifications
of Rescue Officer I or Rescue Officer II upon completion and /or satisfaction of the
criteria contained in Policy #240.00, as revised on May 13, 2008. Such Policy is
incorporated herein by reference and considered to be part of this collective bargaining
agreement.
Section 3 Assignment Pay
A) Paramedics — All Bargaining Unit Employees who are Department
functioning solo Paramedics shall receive twelve percent (12 %) assignment pay and
shall be required to function as Paramedics.
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Those employees receiving Paramedic assignment pay as of the date of ratification
shall not have their assignment pay reduced through implementation of this provision
and shall be so "grandfathered" until such time as the twelve percent (12 %) assignment
pay provided herein meets or exceeds the assignment pay currently received by such
employee.
B) Retention of Assignment - Persons shall retain their paramedic
assignment pay so long as they remain certified, retain all of their certifications, and
have the approval of the Medical Director to function as a solo Paramedic. If a person
other than the current Medical Director serves as the Medical Director for the Village,
this section shall be re- opened for further negotiations.
C) Dive Team /Boat Drivers - Employees who are assigned to the
Village's dive team as a diver shall receive a one (1) -time payment of $1,000 which will
not be added to base pay, payable in October of each fiscal year.
Section 4 Step Increases
A) Step Increases - Employees step increases will be given at annual
intervals each October 1 except October 1, 2010, as a result of the parties' agreement
to freeze advancement in the pay plan for the 2010 -2011 fiscal year. Step increases
may be withheld in accordance with Article 17 of the Agreement.
Section 5 Promotional Increases
A.) Employees who are promoted to the rank of Lieutenant (Rescue Officer I,
and Rescue Officer II) will initially be paid at the starting rate for that classification,
provided that, if the starting rate results in less than six (6 %) percent raise for the
employee, than the employee shall be paid at the next highest step which will provide at
least a six percent (6 %) raise.
B.) Upon promotion, If the individual does not meet the qualifications for
Rescue Officer I, they shall be given a three (3 %) percent raise and placed in grade
titled Rescue Officer. This is a temporary position from which you will have one year
from the date of promotion to complete the requirements of Rescue Officer I. When the
educational requirements for the Rescue Officer I position are completed, the individual
will be given the additional three (3 %) percent they should have earned for the initial
promotion. If the requirements are not completed within the one -year time frame, they
will be returned to their previous position and next person on the promotion list will be
offered the job. If there is no promotion list the Rescue Officer I position will re -open.
The Fire Chief may extend the one year time requirement for due cause.
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Section 6 Working in other Classifications
A) Fire Fighters - Fire Fighters temporarily assigned to work as Lieutenants
shall receive a five percent (5 %) wage supplement.
B) Lieutenants - Lieutenants temporarily assigned to work as Captains shall
receive a five percent (5 %) wage supplement.
C) Assignments shall be made from the promotional register if there are
persons on said register from the shift in which the assignment or temporary
appointment is needed. If there are no such persons on the register then the
assignment or temporary assignments may be made as management determines.
Temporary assignments shall be made by the Fire Chief and in written form.
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ARTICLE 20 — WORK WEEK
Section 1. Twenty -Four (24) Hour Shift Employees.
A. The Village of Tequesta will determine the work schedule based upon the
needs of the residents and service delivery system. The Village will comply with
the provisions of the Fair Labor Standards Act, and compensate accordingly,
unless modified by the provisions of this Agreement. Combat employees of the
Fire Department work a forty -eight (48.0) hour workweek. This is based on
working one hundred and forty four (144) hours, in a twenty one (21) day work
cycle.
No Employee shall be permitted to work in excess of forty eight (48) hours straight
without a twelve (12) hour break in between shifts. No employee shall be permitted to
work more than ninety six (96) hours in any seven -day period, except in emergency
cases as determined by the Chief of the Department.
B. The starting time is 7:30 a.m.
C. Kelly Days will be selected in September and are made annually, based
upon shift assignments for the following January. For all 24 hour shift
employees, the selection of Kelly Days shall be determined by shift, based on
seniority as defined in the current Collective Bargaining Agreement. Restrictions
shall be determined annually by the Fire Chief and shall become effective the
first Kelly day cycle commencing the following January.
D. Kelly Days may be exchanged on a permanent or temporary basis by two
mutually agreeable employees within the defined work schedule, in accordance
with the Fair Labor Standards Act and subject to staffing requirements being met.
E. If an employee accepts a promotion or assignment into a new
classification, the employee's selection of Kelly Day shall remain the same, if the
employee is assigned to the same shift.
F. If an employee is to be transferred to a different shift by the Village, the
employee with the most seniority shall maintain his or her previously scheduled
Kelly Day. If an employee's Kelly Day is bumped due to transfer, the bumped
employee shall select a Kelly Day from the remaining days available, until such
time a new selection process has begun.
G. If a problem arises in the implementation of this Article, the Fire Chief shall
resolve the problem.
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Section 2. Early Release.
Personnel may be released from duty prior to their normal starting time if the
following criteria are met:
A. The release must be sanctioned and approved by the Station Officer who
shall note the time of the release in the station log,
B. Both employees must be in agreement of exchange.
C. Both employees must have equal certifications and qualifications.
D. The release must be for one (1) hour or less.
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ARTICLE 21 OVERTIME
Section 1 . The Village agrees to compensate employees in accordance with
the provisions of the Fair Labor Standards Act for all hours worked in excess one
hundred and forty four (144) hours over a twenty one (21) day work cycle. Pay shall be
at the rate of time and one -half (1.5) the employee's base rate of pay including
assignment and incentive pays.
Section 2. For operational employees, overtime shall be issued in accordance
with the department's overtime policy, #237.00, dated May 13, 2008, which may be
amended by the Fire Chief, except as modified by this Agreement
Section 3. All employees shall be paid overtime in one quarter (1/4) hour
increments and in the pay period that the overtime occurred.
Section 4 For the purpose of computing hours worked, bereavement leave
shall not be included as hours worked.
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ARTICLE 22 EXCHANGE OF TIME
Section 1 . Shift employees may exchange shifts, or parts of shifts, with
another employee subject to seventy (72) hours advance notice, but no more than three
(3) months in advance and approval by the highest ranking officer on the shift on which
the exchange is occurring. Less advance notice may be accepted at the discretion of
the immediate supervisor, for extenuating circumstances. The purpose of this officer
review is to ensure that the staffing needs of the department are met. If staffing needs
are not satisfied as a result of the proposed exchange, the exchange shall be denied.
Section 2 . Exchange of time shall be requested in writing, using the time
exchange forms.
Section 3 . No exchange of time can result in an employee working in excess
of two (2) consecutive shifts.
Section 4 . When an employee who is scheduled to exchange time for another
employee does not report or goes off duty for any reason, that employee will be charged
with either vacation or sick time for all work hours missed. If the employee does not
have any time left in these banks, then they shall be placed in a non -pay status. The
employee not reporting or going off duty will have the option of finding an emergency
trade time (replacement), in order to fill the shift. If this occurs no time accrual banks will
be used.
Section 5 . All pay -backs for exchange of time are the responsibility of the
employees involved in the exchange.
Section 6 . Hours worked under this Mutual Exchange of Time Article shall not
be counted towards extra compensation as outlined under Article 19 Pay Plan, Section
6 Working in other classifications.
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ARTICLE 23 CALL BACK
Section 1 . Any employee called back to duty (required to report at a work
location) shall be paid for actual time worked at the rate of time and one -half (1.5) the
employee's straight time rate of pay in one - quarter (1/4) hour increments. An employee
shall receive a minimum of three (3) hours callback pay. However, if the call -back is
cancelled within thirty (30) minutes of the time the employee is informed of the call-
back, the employee will only be compensated for one (1) hour pay. Employee's may be
held by the Officer on duty and be required to stay and assist in other Fire Department
duties during the three (3) hour call back time frame.
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ARTICLE 24 INCENTIVE PAY
Section 1
A) In order to provide a pool of employees who are certified, and available, the
Village shall pay the following amounts to employees who are certified as noted herein.
Incentive pay shall be paid in twenty -six (26) equal installments.
I. State Certified Fire Inspectors: $1,300.00 over base pay
II. AS Degree (reimbursed by the State of Florida): $600.00
III. B.S. or Masters Degree (reimbursed by the State of FL): $1,320.00
These incentive pays shall not preclude any employee from receiving assignment
pay as an EMT or Paramedic.
Section 2 . For employees hired prior to October 1, 2010, incentive pay shall be
considered as salary for purposes of employee's pension calculations.
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ARTICLE 25 EDUCATION
Section 1. Tuition Reimbursement - Tuition reimbursement shall follow the
Village Training Programs Policy 6.2 (revised November 8, 2007) with the inclusion of
Section 2 below.
Section 2. Department Vehicle Use - Employees may utilize a department
vehicle for authorized training approved by the Fire Chief. In the event a Department
Vehicle is not available to the employee, the Village will reimburse the employee for
mileage at a rate in accordance with Federal Reimbursement rate guidelines.
Section 3 At the discretion of management, there will be one (1) paramedic
scholarship awarded on an annual basis where funds allow, to attend paramedic school.
Where the scholarship is funded and budgeted in a particular year, all applications must
be submitted to the Village by October 1 and the scholarship shall be awarded on
November 15. The Village shall pay the school directly for all cost of the employee
attending paramedic school. Where employment is terminated within one (1) year of
attendance, the employee will be required to repay the Village on a pro -rata basis.
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ARTICLE 26 CERTIFICATIONS
Section 1. Recertification. - Any recertification course required by the State of
Florida, and which is not available to the employee while on duty, will be completed by
the employee while off duty and shall not be considered as time worked. Any
recertification course required by the Village, but which is not required by the State of
Florida, and not available to the employee while on duty, will be completed by the
employee and shall be considered as time worked.
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ARTICLE 27 UNIFORMS
Section 1.
A. The Village shall provide all newly hired employees with the following
department issued uniforms;
3 Polo's
3 Work pants
3 T -shirts
1 Class B Shirt
1 Jacket
1 Job Shirt/Sweatshirt
2 Jumpsuits
1 Belt
1 Ball cap style hat
1 Badge, Name Tag and Collar Brass
and the following department issued Bunker Gear;
1 coat
1 pair of pants
1 helmet
1 pair of boots
1 pair of gloves
1 set of suspenders
1 Nomex hood
Once an employee completes new -hire probation, he or she will also be provided with a
complete "Class A" dress uniform.
B. Replacement of Items -The Village will replace all items in accordance
with department policies and procedures.
Section 2 . Boot Allowance.- The Village shall provide an annual boot
allowance to all employees in an amount equivalent to the purchase of a pair of eight
inch (8 ") Thoroughgood model boot from the Village's designated boot supplier. This
annual boot allowance shall be provided in addition to the provision of bunker gear
boots per Section 1 above. Employees not wishing to purchase the Thoroughgood
model boot may apply the allowance towards the purchase of another model but shall
be personally responsible for any excess cost and shall not receive any compensation
or refund if the purchase model is cheaper than the Thoroughgood model.
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Section 3. Employee Responsibility - Employees have a responsibility to
maintain their uniforms in a condition which presents a professional appearance to the
public. Upon termination, all issued equipment shall be returned to the Department in
acceptable condition before the last paycheck is given to the employee. The cost of
missing or destroyed equipment shall be deducted from the employee's last paycheck.
Where an employee retires from service with the Department and has completed
ten (10) or more years of service, he or she shall be allowed to keep his or her helmet
and badge.
The Fire Chief and the Union President shall be authorized to enter into an
agreement whereby the laundering of uniforms would be completed by a third party
vendor.
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ARTICLE 28 VACATIONS
Section 1 . Amount of Vacation Bargaining unit members earn annual leave
based upon Table 1. Newly hired employees are not eligible to use annual leave during
their probationary period. Newly hired employees will not be compensated for time off
during their probationary period, if granted. At the successful completion of the a new
hire probationary period, newly hired employees will be credited the amount of vacation
leave they would have accrued as of the date of hire. Pay stub shows the current
hourly balance of all leave types as of the day the payroll was processed. Personnel
can convert the hours to shifts by dividing the number of hours by 24. You earn annual
leave throughout the year, earning 1/26 of your annual allotment each pay period.
Annual leave is accrued (or earned) at the following rates:
Twenty -four hour shift personnel
Years of employment Number of Bi- Weekly
weeks accrual
Date of hire thru 4 th year Two weeks 3.692 hours
5 th year thru 9th year Three weeks 5.538 hours
i Oth year and more Four weeks 7.385 hours
Tablet
Section 2 Vacation Scheduling
A). You may use your annual leave after you become a regular employee (off
probation) of the Village of Tequesta Fire Rescue. Vacations must be scheduled in
advance.
B). Fire - Rescue Administration shall post a vacation pick schedule in ample
time to assure that each employee is given an opportunity to pick two vacation slots
before the beginning of the new calendar year. Each employee will be able to pick their
annual leave selection dates according to seniority. Annual leave selection periods may
be full slot selections or may be divided into two half -slot leave selections, per the
individual's request and feasibility. If divided, the second leave slot will be chosen after
every individual has had at least one chance for a vacation selection pick. Employees
utilizing the vacation pick schedule, once approved, are guaranteed their annual leave
request. (Except in cases of a disaster when leaves may be cancelled for all).
Employees not utilizing the vacation pick schedule are not guaranteed leave, it will up to
the discretion of the Fire Chief; these leave requests will be processed on a first come,
first served basis.
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A full vacation slot is considered to be five (5) or more shifts; one half slot shall
be considered at least two (2) shifts. Single shifts or partial shifts may be granted after
the vacation pick schedule has expired. In other words, after everyone has had a
chance to pick their second vacation request. Single shifts or partial shifts may be
taken in as little as (12) twelve -hour blocks as long as it does not interfere with the
operation of the Department and the request is submitted two weeks in advance of the
requested day off.
C). The maximum number of employees permitted to be on annual leave at
one time shall be two (2). The maximum number of employees off per shift shall be one
(1), except in the case of back -to -back vacations. Back -to -back vacations from the
same shift will cause a forty -eight hour overlap. The back -to -back overlap is permitted
provided the total number of employees off on annual leave does not exceed the
department total of two (2). This policy is subject to change as the needs of the
Department dictates and at the discretion of the Chief of the Department.
Annual leave shall commence on the first specified vacation date and shall be
considered completed when the employee returns to duty.
As a standard, no additional overlaps or conflicts shall be permitted. A conflict or
overlap shall be considered any time two employees are off on approved leave and a
request is made by third employee for leave to commence prior to one of the employees
completing their scheduled leave as defined above.
D). When requesting annual leave outside the vacation pick schedule,
employees submit your leave request to your supervisor for approval. The supervisor
shall confirm that the request is in accordance with this policy, sign the request and
forward it to Fire Rescue Administration. Fire Rescue Administration must receive your
request fourteen (14) days in advance of the requested day off. All annual leave
requests are subject to final approval by the Fire Chief.
Section 3. Cancellation or Modifications - Any other modifications or
cancellations require at least two weeks advance notification to Fire Rescue
Administration.
Section 4. Emergency Leave - The Fire Chief, for unusual or emergency
circumstances, may grant leave outside the time frames listed above, providing the
request does not reduce staffing below minimum levels.
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Section 5. Vacation Carry -Over - The maximum number of annual leave hours
you may carry over from year -to -year is 320 hours. This carry-over occurs on October
1 St of each year. You must use any leave over the maximum accrual rate prior to the
October 1S date or you will lose the additional time.
Section 6. Transfers - If an employee is to be transferred to a different shift by
the Village, the employee shall maintain his or her previously scheduled vacation
without bumping any of the already scheduled employees from their selection.
Vacation leave requests may be adjusted backwards or forward by 48 hours by the Fire
Department Administration if an employee's shift is changed.
Section 7. Donating Vacation Leave - You may donate a portion of your
accrued annual leave to the sick leave accrual or bank of an eligible employee who
requests the same, pursuant to the Village Sick Leave Donation Request procedures.
This will be accomplished by using forms provided by the department. Employee
donations must be made in minimum eight (8) hour increments. The hourly rate of pay
for an employee donating annual leave time shall be irrelevant in relation to the hourly
rate of pay of the employee receiving the donation. You waive any and all future claims
to donated annual leave in this regard.
Section 8. Payment for Unused Leave upon Separation - If you resign your
position with the proper two -week notification, or if you are terminated for reasons
beyond your control, you are paid for any outstanding annual leave time up to the
maximum accrual. The Fire Chief, with the Village Managers approval, may waive the
two -week resignation notice.
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ARTICLE 29 HOLIDAYS
Section 1 Twenty -Four (24) Hour Shift Employees
Twenty -four (24) hour shift employees shall work the observed holidays as part of their
regular tour of duty. The following are recognized Holidays by the Village:
New Year's Day (January 1)
Martin Luther King, Jr.'s Birthday (3rd Monday in January)
President's Day (3rd Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4 Thursday of November)
Day after Thanksgiving
Christmas Eve (December 24)
Christmas Day (December 25)
New Year's Eve (December 31)
Twenty -four (24) hour shift employees shall receive eight (8) hours additional pay (base
pay, plus all incentives) for each of these holidays identified above, whether they are on
duty or off during the Holiday.
The eight (8) hours of additional pay for the New Year's Day (January 1) Holiday shall
be reduced by six (6) hours and the six hours by which the New Year's Day Holiday pay
was reduced shall be credited to the Union Time Pool Bank. The employee shall
receive the other two (2) hours additional pay in accordance with the preceding
paragraph.
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ARTICLE 30 BEREAVEMENT LEAVE
Section 1 Twenty -Four (24) Hour Shift Employees - In the case of a death in
the immediate family, the employee shall be entitled to one shift off with pay. If the
death occurs while the employee is on duty, the employee shall also be entitled to the
rest of the shift off with pay.
Section 2 . Immediate Family - The immediate family consists of the
employee's spouse, mother, father, stepmother, stepfather, mother -in -law, father -in -law,
brother -in -law, sister -in -law, children, (natural, adopted, and step), sisters and brothers
(natural, adopted, step and half), grandparents, grandchildren and domestic partners.
Section 3 . An employee may extend bereavement leave by using vacation or
sick leave with the approval of the Fire Chief. A maximum of 48 hours sick leave
extension may be requested.
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ARTICLE 31 COURT TIME
Section 1 An off -duty employee shall receive pay for a minimum of two (2)
hours (overtime or straight time, whichever is applicable) for his /her first two (2) hours of
court or deposition when subpoenaed to appear in matters relating to the Village. After
two (2) hours of actual time in court, the employee shall continue to receive
compensation for actual time until released for the day. Employees shall receive the
standard Village per mile travel expense allowance for all mileage incurred while using
an employee's personal vehicle provided that the employee remits to the Village any
mileage and /or witness fee's received by the employee.
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ARTICLE 32 JURY DUTIES
Section 1 - Employees will be given leave without loss of pay or benefits for jury
duty pursuant to a summons, upon presentation to the Fire Chief of the summons.
Employees shall be required to return to work at the end of their jury duty, unless
otherwise excused by the judge. Payment received by the employee for jury duty,
except for mileage reimbursement, must be endorsed over to the Village.
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ARTICLE 33 — INSURANCE
Section 1. Health Insurance - Employee Coverage; The Village shall provide
Health Insurance at no cost to the employee; dependent coverage paid at seventy five
percent (75 %) by the Village and twenty five percent (25 %) by the employee.
Dependent coverage may be paid through payroll deductions (24 times per year).
Effective October 1, 2011, employees with single health insurance coverage shall
pay twenty five ($25.00) dollars per pay period (twenty four pay periods per year) for
health insurance coverage. Such payment shall be paid through payroll deductions
twenty four (24) times per year.
Effective October 1, 2011, employees with dependent health insurance coverage
shall pay twenty five (25 %) percent of the premium for such coverage plus an additional
fifty ($50.00) dollars per pay period (twenty four pay periods per year). The Village shall
be responsible for the remainder of the health insurance premium. Such payments
shall be paid through payroll deductions (twenty four times per year).
Section 2. Health Insurance Provider The Union shall continue to be allowed
to participate on the committee or task force established for the purpose of selecting the
Village's health insurance provider and the plan of benefits to be offered to employees.
The health insurance provider and the plan of benefits offered to bargaining unit
employees shall be the same as the health insurance provider and plan of benefits
offered to other employees of the Village.
Section 3. Dental Insurance - The Village will provide Dental Insurance.
Employee coverage paid one hundred percent (100 %) by the Village. Optional
dependent coverage shall be paid by the employee with the employee paying one
hundred percent (100 %) of the difference between the cost of individual coverage and
dependant coverage. Dependent coverage may be paid through payroll deductions (24
times per year). The Union shall continue to be allowed to participate on the
committee or task force established for the purpose of selecting the insurance provider
and the plan of benefits to be offered to employees. The dental insurance provider and
the plan of benefits offered to bargaining unit employees shall be the same insurance
provider and plan of benefits offered to other employees of the Village.
Section 4. Life Insurance The Village will provide each full -time employee, at
no cost, life insurance coverage in the amount of 1.5 times their annual salary plus
$5,000.00 rounded to the next higher $1,000, subject to a maximum of $150,000.
Section 5. Re- opener The provisions of this Article may be re- opened by either
party prior to the beginning of each fiscal year covered by the Agreement.
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ARTICLE 34 PENSIONS
Section 1: Pension ordinance(s) applicable to bargaining unit employees shall
not be changed during the term of this Agreement, except as provided herein, unless
otherwise agreed to by both of the parties.
In the event that a Pension Board meeting is scheduled during a Pension Board
Member's normal work schedule, that employee shall be released from duty with no
loss of pay or benefits.
Section 2:
For employees hired on or after October 1, 2010, the Village shall adopt an ordinance
establishing that the pension multiplier will be two (2 %) percent for an employee's first
six (6) years of employment and two and one -half (2.5 %) percent for each year
thereafter. Further, the Village shall adopt an ordinance establishing that for employees
hired on or after October 1, 2010, the definition of salary for the purposes of calculating
an employee's average final compensation will be modified so that the definition of
salary shall include base compensation (including regular earnings, vacation pay, and
sick pay) but shall exclude lump sum payments, overtime, bonuses, incentives, and
longevity allowances.
The pension benefits earned or accrued, and the contribution rate to be paid, by
employees hired prior to October 1, 2010, shall remain unchanged.
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ARTICLE 35 DOCUMENTS
Section 1 . The Village agrees to provide one (1) copy of each of the following
documents to the Union without charge:
• Final budget, budget changes and amendments for the Department.
• Year -end financial statement for the Village and the Department.
• Administrative orders.
• Regulations and personnel policies relating to bargaining unit employees.
• The Village will put the fire department policy and procedure on its website,
commencing fiscal year 2011/12.
• The Village shall provide to all employees, a copy of the current EMS protocols
and copies of all changes as they are made.
Section 2. Department Manuals
The Village shall provide a copy of the Department Manual, with all revisions thereto, to
each employee.
Section 3. Other Documents
Where additional documents are required, the Union will make a public records request
through the Village Clerk's office, and pay the prevailing copying and labor costs.
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ARTICLE 36 USE OF PERSONAL VEHICLES
Section 1. If an employee is requested to use their personal vehicle, the
employee shall be paid the standard Village per mile rate to offset their automobile
expenses, payable in accordance with the accounts payable procedures.
Section 2 . Employees traveling for Village business shall be covered by
Worker's Compensation in accordance with the State Law and Village Policy.
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ARTICLE 37 STATION CONDITIONS
Section 1. In order to prevent the spread of communicable diseases and to
provide protection from hazardous materials routinely associated with the job of fire
fighting the Village shall continue to provide washing machines and dryers in all
stations. The Village shall also provide laundry soap for the purpose of laundering
uniforms and other related items.
Section 2. In order to prevent the spread of infectious diseases between
patients, employees and the members of the Public, the Village shall have disinfecting
facilities in accordance with section 5.8 of the National Fire Protection Code 1581, 2005
edition, in the fire station, where practical.
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ARTICLE 38 SAVINGS CLAUSE
Section 1. Should any section or portion of this Agreement be held invalid or
unlawful by any court of competent jurisdiction, such decision of the court shall apply
only to the specific section or portion thereof, directly specified in the decision. Upon
the issuance of such decision, the Village and the Union agree to immediately negotiate
a substitute, if possible, for the invalidated section or portion thereof. Any remaining
portions of this Agreement shall remain in full force and effect and shall not be affected
thereby.
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ARTICLE 39 REPLACEMENT OF PERSONAL PROPERTY
Section 1 . The Village agrees to pay a reimbursement fee not to exceed one
hundred dollars ($100.00) per calendar year for prescription eyeglasses and contact
lenses damaged in the line of duty through no fault or negligence of the employee.
Reimbursement shall be made upon completion of a damage report filed by the
employee by the end of the shift on which the damage occurred. All claims for
reimbursement are subject to review and approval by the Fire Chief.
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ARTICLE 40 PREVAILING BENEFITS
Section 1 . All job benefits in effect at the time of the execution of this
agreement hereto for authorized by the Village or benefits provided ordinance or Code
of the Village or Village Council not specifically provided for or abridged by this
agreement shall remain in full force and effect for the duration of the Agreement.
Section 2. The Village and the Union will meet at the request of either party to
negotiate any proposed changes in those rights and benefits not specifically covered by
this agreement, provided, however, no changes shall be made except where a waiver
exists or where the changes negotiated in accordance with Chapter 447, Florida
Statutes.
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ARTICLE 41 DURATION OF AGREEMENT
Section 1 It is understood by and between the parties that this Agreement
and any side agreements executed by the parties constitute the entire agreement
between the parties and shall be effective upon execution by both parties, and shall
continue through September 30, 2013, unless otherwise provided in any specific article.
The agreement shall be automatically renewed annually provided, however, that either
party may give written notice two hundred and ten (210) days in advance of the
expiration of the Agreement of its intention to renegotiate the Agreement or specific
Articles of the Agreement. Such written notification shall include an enumeration of the
items to be renegotiated. Only those items identified by either party are subject to
negotiation shall be renegotiated. Any party providing such notice must thereafter
provide written proposals on all articles identified in the notification by April 15. If a
mutually satisfactory agreement is not reached within an appropriate time period, all
disputed matters shall be resolved in accordance the Chapter 447, Florida Statutes, and
this Agreement shall continue in effect as the status quo.
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ARTICLE 42 EMPLOYEE ASSISTANCE PROGRAM
Section 1 - Fire Rescue Personnel are included in the Village of Tequesta
Employee Assistance Program.
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ARTICLE 43 EMPLOYEE BILL OF RIGHTS
Section 1 - All Bargaining Unit employees shall be afforded the protection
spelled out in the Fire fighter Bill of Rights, Section 112.80- 1112.84, Florida Statutes,
which shall be deemed fully incorporated herein.
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ARTICLE 44 SICK LEAVE
Section 1. It is agreed between the parties that sick leave use can have a
detrimental effect on the daily operation of Fire - Rescue, including the workload of other
Fire - Rescue employees, the level of service Fire - Rescue provides to the public, and the
safety of the other employees. The Village and Professional Firefighters /Paramedics of
Local 2928 agree to make every effort to express the importance of dependability and
reliability in regards to employee attendance to all members of The Village of Tequesta
Fire - Rescue.
A.) Bargaining unit members shall receive 4.4256 hours of sick leave
per pay period. All Bargaining unit members shall be able to carry over
1600 hours of sick time.
B.) Probationary employees shall be awarded sick leave time on a pro-
rata basis for the remainder of the year starting after the sixth (6th) month
from the date of hire.
Section 2 . Approved Sick Leave Use - Sick leave shall be awarded on an
hour for hour basis to employees for the following reasons provided, that the condition is
not job related:
A.) Incapacitation due to illness or injury.
B.) Attendance would jeopardize the health of co- workers due to
exposure to a contagious illness /disease.
C.) Prescribed medical treatment that falls on duty days.
Care of an immediate family member, residing with the employee
for whom the employee is rendering medically related assistance,
and there is no other person available to care for said individual.
D.) Hospitalization of a family member.
E.) Pregnancy and maternity leave.
F.) Any absence not described above that prior authorization is
received from the Fire Chief.
Section 3 Sick Leave Procedure - It shall be the employee's responsibility to
notify the on duty shift officer at least sixty (60) minutes prior to the start of their shift
with the reason for their absence and the location and phone number at which they can
be reached.
A.) Sick leave shall be awarded on an hour for hour basis, in quarter
hour increments, for all employees.
B.) Employees may return to work at any time after calling in sick.
However, they may only return to work one time during a shift.
C.) If, in the opinion of the immediate Supervisor, an employee is
determined to be too ill /injured to work, the Supervisor may
recommend that the employee be sent home. The first Non-
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Bargaining Unit Supervisor, above the immediate Supervisor of the
employee in question, shall have the authority to send the
employee home, based on the recommendation of the immediate
Supervisor and direct observation of the employee.
Section 4 Sick Leave Buy Back - Effective December 1 of each fiscal year,
any eligible employee who has been continuously_employed for at least twelve (12)
months and who has an accrued sick leave balance of four hundred eighty (480) hours,
and who has taken no more than forty eight (48) hours of sick leave during the twelve
(12) month period immediately preceding December 1 of each fiscal year, may
surrender forty (40) hours for cash payment at one hundred percent (100 %) of their
current hourly rate. Any additional eligible hours may be redeemed at fifty percent
(50 %) of their current hourly rate. However, Unit Members must have at least 360
hours of sick leave remaining after surrendering sick leave for cash payment to be
eligible to buy back sick leave under these provisions.
The Village will compile a list of employees who are eligible to convert excess sick leave
to cash payment. If eligible, employees will be notified by the Village of how many days
may be converted and the date by which the employee needs to decide. Employees will
respond indicating the amount of days they wish to convert.
Section 5. Separation - Upon separation from the Village in good standing,
with proper notice, or for reasons beyond the employee's control, the employee shall be
paid for his /her accrued sick leave according to the following schedule.
INOWW"6111 So!
One 1 through Nine 9 25 Percent
Ten (10) and Over 50 Percent
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ARTICLE 45 LEAVES OF ABSENCE
Section 1 Family and Medical Leave - Eligible employees shall be entitled,
upon written request, to a leave of absence without pay or benefits for up to twelve (12)
weeks, in accordance with the Family Medical Leave Act. Employees will be required to
use accrued leave when FMLA is taken.
Section 2 Military Leave With Pay - Leave of absence and re- employment
rights of employees inducted into the military service shall be as provided in the
Uniformed Services Employment and Re- employment Rights Act of 1994 (USERRA)
and Chapter 115, Florida Statutes, and as the same may be amended from time to time.
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ARTICLE 46 FITNESS FOR DUTY
Section 1. Physical Fitness
A.) Parties acknowledge the fact that firefighting is a physically demanding and
hazardous profession; and both parties have a vested interest in assuring that
personnel in this profession are performing at peak performance. Therefore, in a
joint effort between the Union and the Village, they agree to establish a baseline
physical fitness standard for all combat personnel. This standard will be
incorporated into the Department's Policy and Procedure Manual, entitled
"PHYSICAL FITNTESS ", Policy, #1002.00, effective date will be October 1, 2008,
which may be amended by the from time to time by agreement between the Fire
Chief and the Union President.
B.) On an annual basis, all combat personnel shall participate in this physical fitness
program developed to assure a standardized basic physical fitness level for all
personnel to safely perform their assigned duties and functions.
Any employee, who cannot pass the physical fitness assessment, shall be
granted a ninety (90) day remediation period. If at the end of this ninety (90) day
remediation period; the employee is still unable to pass the physical fitness
assessment, he shall be placed on off duty status for another ninety (90) period.
Failure to pass the physical fitness assessment after the one hundred and eighty
(180) day period shall be cause for termination. Employee shall be permitted to
use sick leave and or vacation leave during this off duty status period.
C.) Employees will be required to pass a physical fitness assessment prior to being
reassigned to emergency duties after any medical procedure, such as a surgical
procedure and /or broken bones, etc. Also, any absence from on the job and /or
active duty for a period greater than ninety (90) calendar days.
Any employee, who cannot pass the physical fitness assessment designed for
their position after their extended leave or surgical procedure, shall not be
permitted to return to duty until such time he or she is able to pass this physical
fitness assessment. If the employee cannot pass the physical fitness
assessment within one hundred and eighty (180) days from the first attempt, the
Village has every right to terminated the employee and fill their position.
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D.) Village shall provide in all permanent fire station locations, a physical fitness area
equipped with a standard complement of exercise equipment.
E.) Neither party shall have the right to grieve or arbitrate this Article, unless the
provisions of this Article are violated.
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ARTICLE 47 COMMUNICABLE DISEASES
Section 1 Communicable Diseases - This Article shall be in accordance with
Florida Statues 112.181 Firefighters, paramedics, emergency medical technicians and
special provisions relative to certain communicable diseases.
A.) Presumption. - Any emergency rescue or public safety worker who suffers
a condition or impairment of health that is caused by hepatitis,
meningococcal meningitis, or tuberculosis, that requires medical
treatment, and that results in total or partial disability or death shall be
presumed to have a disability suffered in the line of duty, unless the
contrary is shown by competent evidence; however, in order to be entitled
to the presumption, the emergency rescue or public safety worker must,
by written affidavit as provided in Florida Statutes 92.50, verify by written
declaration that, to the best of his or her knowledge and belief:
1) In the case of a medical condition caused by or derived from
hepatitis, he or she has not:
a) Been exposed, through transfer of bodily fluids, to any
person known to have sickness or medical conditions
derived from hepatitis, outside the scope of his or her
employment
b) Had a transfusion of blood or blood components, other than
a transfusion arising out of an accident or injury happening in
connection with his or her present employment, or received
any blood products for the treatment of a coagulation
disorder since last undergoing medical tests for hepatitis,
which tests failed to indicate the presence of hepatitis;
c) Engaged in unsafe sexual practices or other high -risk
behavior, as identified by the Centers for Disease Control
and Prevention or the Surgeon General of the United States,
or had sexual relations with a person known to him or her to
have engaged in such unsafe sexual practices or other high -
risk behavior; or
d) Used intravenous drugs not prescribed by a physician.
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2) In the case of meningococcal meningitis, in the 10 days
immediately preceding diagnosis he or she was not exposed,
outside the scope of his or her employment, to any person known
to have meningococcal meningitis or known to be an asymptomatic
carrier of the disease.
3) In the case of tuberculosis, in the period of time since the worker's
last negative tuberculosis skin test, he or she has not been
exposed, outside the scope of his or her employment, to any
person known by him or her to have tuberculosis.
B.). Immunization - Whenever any standard, medically recognized vaccine or
other form of immunization or prophylaxis exists for the prevention of a
communicable disease for which a presumption is granted under Florida
Statues 112.181 , if medically indicated in the given circumstances
pursuant to immunization policies established by the Advisory Committee
on Immunization Practices of the United States Public Health Service, an
emergency rescue or public safety worker may be required by his or her
employer to undergo the immunization or prophylaxis unless the Village's
physician determines in writing that the immunization or other prophylaxis
would pose a significant risk to the worker's health. Absent such written
declaration, failure or refusal (which shall be in writing) by an emergency
rescue or public safety worker to undergo such immunization or
prophylaxis disqualifies the worker from the benefits of the presumption.
C.). Influenza - During the flu season of each year, the Village will provide and
pay for flu shots to the employees.
Section .2 ) TB Screening - The Village shall provide a tuberculosis screening
annually for all bargaining unit employees.
Section 3.) Record of Exposures - The Village of Tequesta shall maintain a
record of any known or reasonably suspected exposure of an emergency rescue or
public safety worker in its employ to the diseases described in this section and shall
immediately notify the employee of such exposure. An emergency rescue or public
safety worker shall file an incident or accident report with his or her employer of each
instance of known or suspected occupational exposure to hepatitis infection,
meningococcal meningitis, or tuberculosis.
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Section 4.) Required Medical Tests; Pre - Employment Physical. In order to be
entitled to the presumption provision an emergency rescue or public safety worker must,
prior to diagnosis, have undergone standard, medically acceptable tests for evidence of
the communicable disease for which the presumption is sought, or evidence of medical
conditions derived there from, which tests fail to indicate the presence of infection. This
paragraph does not apply in the case of meningococcal meningitis.
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ARTICLE 48 DISABILITY LEAVE
Section 1 On- The -Job Disability. Any employee, who incurs an illness or is
injured while acting within the scope of his or her employment, and whose Workers'
Compensation claim has not been controverted by the Village by filing a Notice to
Controvert shall be entitled to disability leave with no loss in pay or benefits, except as
otherwise stated in this agreement, until the employee returns to the essential duties of the
employee's position; is medically able to return to the essential duties of the employee's
position; or receives a determination that the employee will not be able return to the
essential duties of the position, and receives pension benefits; provided that such benefits
(excluding Pension Benefits) are limited to a maximum of ninety (90) days. Further
provided, that if the employee returns to work and later goes out with the same
illness /injury, that employee's time -shall be cumulative with respect to the ninety (90) days
maximum cap. If a controverted claim for Workers' Compensation is later resolved to pay
Workers' Compensation benefits, then the employee shall be entitled to disability benefits
under this Article, retroactively. Disability benefits shall also be payable if a Workers'
Compensation claim is not filed if the disability as proved in this Section is for seven (7) or
less.
Section 2 Light Duty (On- The -Job Disability) The Village has the right to assign
an employee who incurs an illness or is injured in the line of duty as provided in Section 1
of this Article, to light duty within the Fire - Rescue Department, or outside the Department if
the employee agrees, so long as the employee's medical condition permits. An employee
who does not wish to accept a light duty assignment under this section may use sick leave
and then vacation until each has been exhausted, after which, an employee who refuses a
light duty assignment in the Department shall not be entitled to benefits under this Article.
An employee assigned to light duty shall suffer no loss in pay or benefits.
Section 3 Light Duty (Off- The -Job Disability) employee who incurs an illness or
injury outside the line of duty or who cannot perform regular responsibilities due to
pregnancy may request and shall be entitled to work light duty if a position is determined by
the Fire Chief to be available, if the employee qualifies for the position, and if the
employee's medical condition permits. An employee working such light duty position shall
be paid and shall be entitled to benefits, as provided for that position.
Section 4 Short Term Disability (Off- The -Job - For non - job - related
illness /injuries, an employee shall have a maximum of twelve (12) months within which to
return to the essential duties of the employee's position, with or without a reasonable
accommodation. The ability to perform the essential duties of a position shall be
determined by the Fire Department Physician. Provided, that if an employee returns to
work and later goes back out with the same injury/illness, within six (6) months of that
employee's return to work from the initial illness /injury, that employee's time shall be
cumulative with respect to the twelve (12) month maximum cap.
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ARTICLE 49 SUBSTANCE ABUSE POLICY AND TESTING
Section 1.) The Village and the Union recognize that substance abuse in our
nation and our community exacts staggering costs in both human and economic terms.
Substance abuse can be reasonably expected to produce impaired job performance,
lost productivity, absenteeism, accidents, wasted materials, lowered morale, rising
health care costs, and diminished interpersonal relationship skills. The Village and
Union share a commitment to solve this problem and to create and maintain a drug free
work place policy.
The Village and the Union agree to follow the Village of Tequesta Drug Free
Policy 3.12, (revised July 18, 2005) with the inclusion of the provisions of this Article.
Section 2.) Additional Testing: In addition to the testing prescribed in the
Village's Drug Free work place policy additional testing will be conducted and as
required by applicable state or federal laws, rules, or regulations.
Section 3.) Post Accident Testing: If an employee is involved in an accident in
which the employee was driving, and any one of the following occurs: an individual
dies, an individual suffers a bodily injury and immediately receives medical treatment
away from the scene of an accident or the driver is determined to be at fault for the
accident by a law enforcement agency.
Section 4.) Random Testing: Testing employees for alcohol and controlled or
illicit drugs shall be performed. Random selection of employees will be made by a
random selection software program. Employees selected for random testing shall be
tested on the day the employee is selected on duty. If off duty, the employee shall be
tested on the employee's next shift. The Village shall test at least 50% of the
employees on an annual basis for drug testing and at least 25% of the employees on an
annual basis for alcohol testing.
Section 5.) The Village reserves the right to test for any other drug deemed to
be illegal by any federal, state, or local law or regulation at levels provided for by
applicable law.
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ARTICLE 50 MEDICAL EXAMINATIONS
Section 1. Medical Examinations
A). Both parties recognize the fact that firefighting is a strenuous and
dangerous profession; and both parties have a vested interest in assuring that
personnel in this profession are performing at peak performance. Therefore, in the spirit
of cooperation the Village and the Union agree to abide by the Department's Medical
Examination Policy, #1001.00, dated May 13, 2008, which may be amended from time
to time, by agreement between the Fire Chief and the Union President insofar as such
policy applies to bargaining unit employees, until such time that both parties have had
the opportunity to fully explore and develop new medical examination standards.
B). All employees may be required to submit to a drug test during their
examination.
C). All combat personnel shall take annual medical examinations with the
vendor of choice by the Fire Department. The Fire Rescue Administrative Staff will
coordinate the medical exams with the employees, and the vendor. Employees will
complete their medical examination on their own time. Failure to complete the medical
examination during the selected period may result in the employee being placed on
unpaid administrative leave, unless prior authorization has been granted by the Fire
Rescue Administrator, until such time as the process is complete.
D). Any employee who cannot perform the essential functions of their position,
in the opinion of the Fire Department Physician, shall not be permitted to engage in fire
suppression until the requirements are met. Any employee who disagrees with the
results or recommendations of a medical examination conducted by the Fire
Department Physician shall be entitled to seek a second opinion from a qualified
physician of their choice at the employee's expense. If there is a disagreement
between the Fire Department Physician and the employee's physician, a third physician
agreeable to both the FD Physician and the employee shall be consulted for a final
determination. The cost of a third party physician shall be split between the employee
and Fire - Rescue. The decision made by these physicians shall be binding upon both
parties and neither party shall have the right to have this decision grieved or arbitrated.
E). All employees shall receive, and be required to pass a medical
examination prior to being reassigned to emergency duties after any absences greater
than six (6) months.
F). Employees may be required to pass a medical examination prior to being
reassigned to emergency duties after any medical procedure, such as a surgical
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procedure and /or broken bones, etc, or a medical absence that created an absence
from active duty on the job greater than one (1) month.
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SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
, 2010.
Village of Tequesta PROFESSIONAL FIRE FIGHTERS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF
Michael Couzzo Michael J. Mayo
Village Manager President
James Weinand Raymond Giblin, DVP 20
Fire Chief Negotiating Team Member
Ratified by the Village of Tequesta Ratified by the Union
on the — day of , 2010 on the _ day of , 2010.
Confirmed by: Confirmed by:
President, Professional Fire
Fighters of Palm Beach County, Local 2928, IAFF
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Attachment A
Effective October i
Fire Rescue 12 Step Career Development Matrix (No Step Movements for FY2010 /11)
Step Firefighter I Firefighter II Firefighter III Rescue Officer Rescue Officer I Rescue Officer II
1 43,647 45,829 48,121 57,113 59,969 62,967
2 45,155 47,413 49,783 58,619 61,550 64,627
3 46,663 48,996 51,446 60,124 63,130 66,287
4 48,171 50,579 53,108 61,630 64,711 67,947
5 49,679 52,162 54,771 63,136 66,292 69,607
6 51,186 53,746 56,433 64,641 67,873 71,267
7 52,694 55,329 58,095 66,147 69,454 72,927
8 54,202 56,912 59,758 67,652 71,035 74,587
9 55,710 58,495 61,420 69,158 72,616 76,247
10 57,218 60,079 63,083 70,664 74,197 77,907
11 58,726 61,662 64,745 72,169 75,778 79,567
12 60,234 63,245 66,408 73,675 77,359 81,227
Annual Incentives
Paramedic 12%
Inspector Base Plus 1,300
A.S. Degree Base Plus 600 Reimbursed by the State
B.S. Degree Base Plus 1,320 Reimbursed by the State
Diver Base Plus 1,000
70
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EXHIBIT 2
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties have executed this Agreement this Oil day of
200II2010.
VillagOof Tequesta PROFESSIONAL FIRE FIGHTERS OF
PAL EAC CO U TY CAL 2928, IAFF
Michael Couzzo �.7 ib is el J. May
Village Manager Pre ide
James Weinand aym Iblln, DVP 20
Fire Chief Negotiating Team Member
i
Ratified by the Village of Tequesta Ratified by the Union
on the _ day of 200810 on the _ day of , 208810.
Confirmed by: Confirmed by:
President, Professional Fire
Fighters of Palm Beach County, Local 2928, IAFF
i
I
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