HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01_06/29/2015 � Professional Firefighters/Paramedics
�
� � � of Palm Beach County, Inc.
� PpANpF� �
� IAFF Local 2928
� I "F 2328 South Congress Avenue • Suite 2-C
West Palm Beach, FL 33406-7674
� 561-969-0729 • Fax: 561-969-1059 • www.lAFF2928.com
s
June 19, 2015
Mr. Michael Couzzo, Jr.
Village Manager
Village of Tequesta
345 Tequesta ^viiv2
Tequesta, FL 33469
Dear Mr. Couzzo:
I am writing this letter to inform you that both the amendment to the 2013- 2014 Collective Bargaining
Agreement; and the 2015-2018 Collective Bargaining Agreement, between Local 2928 and the Village of
Tequesta were voted on during a meeting held on Friday June 19, 2015, passed and; therefore, were
ratified.
If you should need any additional information regarding this ratification vote, please do not hesitate to
contact me.
Sincerely,
r�� �
/
ChuckLupo
1 Executive Vice President
Cc: M. Floyd
Affiliated with the International Association of Fire Fighters, AFL-CIO, CLC
� °GCC/IBTc a�-s
AMENDMENT NO.1
to the
Ol -2014
COLLECTIVE BARGAINING AGREEMENT
by and bet�veea
THE VII..LAGE OF TEQUESTA
and the
PROFESSIONAL FIREFIGHTERS/P�tAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.
WHEREAS the Village of Tequesta and the Professional Firefighters/Paramedics of Palm
Beach County, L.ocal 2928, �AFF, Inc., have agreed to a three year successor collective
bargaining agreement to be effective beginning October 1, 2015;
WHEREAS the Village and Local 2928 have agreed to maintain the status quo with regard to
wages, hours, and terms and conditions of employment as set out in the 2013-14 collective
bazgaining agreement during the period October 1 2014 through September 30, 2015, except as
provided herein; and
WHEREAS the Village and Loca12928 have agreed to enact the following modifications prior
to October 1, 2015.
IT IS HEREBYAGREED by and between the Village and Loca12928 that the wages, hours,
and terms and conditions of employment for all bargaining unit employees represented by
Loca12928 that are set out in the 2013-14 collective bargaining agreement sba.11 be modifieti as
set out below, and that the modifications shall be implemented prior to October 1, 2015, as
provided herein:
1. The changes to Article 33, Health Insurance, provided for in the 2015-2018 successor
collective bargaining agreement shall be implemented as provided therein effective with the first
pa.y period beginning on or after the date of ratification of this Amendment No. 1 to the
2013-14 collective bargaining agreement.
2. The changes to Article 34, Pensions, provided for in the 2015-2018 successor collective
bargaining agreement shall be implemented as provided therein upon adoption of an amendment
to the ordinance providing for the Public Safety Employe�s' Pension Plan following ratification
of this Amendment No. 1 to the 2013-14 collective bargaining agreement.
3. This Amendment No. 1 to the 2 013 -14 _collective bazgaining agreement shall ttot
be effective unless successfully ratified simultaneously with the 2015-18_successor collective
bargaining agreement. Should either this Amendment No. 1 or the successor 2015-18
collective bargaining agreement not be ratified by both the Village and the bazgaining unit
represented by Local 2928, neither document will have any effec�t.
IN WITNESS HERE(� F, the parties have executed this Amendment No. 1
this � day of � \ , 2015.
Village of Tequesta PROFE N FIR IGHTERS OF
P BEA C , AL 2928, IAFF
Michael Couzzo Charles Lupo
Village Manager 1 s� Executive V' P iden
James Weinand ond Giblin, DVP 20
Fire Chief Negotiating Team Member
Ratified by the Village of Tequesta Ratified by the Uni
on the _ day of , 2015 on the [� day '2015.
Confirmed by: Confirmed b -
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE YII.LAGE OF TEQUESTA
AND
PROFESSIUNAL FIRE FIGHTERS/PARAMEDICS OF
PALM BEACH COUNTY,
LOCAL 2928, IAFF, INC.
OCTOBER 1, 2018� TO SEPTEMBER 30, 20138
1
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 MEETIIdG WITH MANAGEMENT .................................................. 11
ARTICLE 9 SAFETY COMMITTEE ...................................................................... 12
ARTICLE 10 NON DISCRIMINATION .. ....................................................................13
ARTICLE 11 STRIKES AND ILLEGAL ACTIVITY ................................................ 14
ARTICLE 12 PERSONNEL REDUCTIOIV .............................................................. 15
ARTICLE13 SENIORITY ...................................................................................... 16
ARTICLE 14 PROBATIONARY EMPLOYEES ..................................................... 17
ARTICLE 15 DISCIPLINARY ACTION AND DISCHARGE ................................... 18
ARTICLE 16 GRIEVANCE AND ARBITRATIO(V PROCEDURE .......................... 19
ARTICLE 17 PERFORMANCE REVIEW ............................................................... 21
ARTICLE 18 PROMOTIONS ...................................................................................22
p►RTICLE 19 PAY PLAN ......................................................................................... 26
ARTICLE20 WORK WEEK .................................................................................... 29
2
ARTICLE21 OVERTIME .........................................................................................31
ARTICLE 22 EXCHANGE OF TIME ...................................................................... 32
ARTICLE23 CALL BACK ....................................................................................... 33
ARTICLE 24 INCENTIVE PAY ...................................................•............................34
ARTICLE25 EDUCATION ...................................................................................... 35
ARTICLE 26 CERTIFICATION ................................................................................36
ARTICLE27 UNIFORMS ........................................................................................ 37
ARTICLE28 VACATIONS .......................................................................................39
ARTICLE29 HOLIDAYS ........................................................................................ 42
ARTICLE 30 BREAVEMENT LEAVE ..................................................................... 43
ARTICLE31 COURT TfME ..................................................................................... 44
ARTICLE 32 JURY DUTY ................................................................................. 45
ARTICLE 33 INSURANCE .................................................................................. 46
ARTICLE34 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
3
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 FITIVESS 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
4
ARTICLE 1 PREAMBLE
Secfion 1. This Agreement is entered into by and between THE VILLAGE OF
TEQUESTA, hereinafter refeITed to as the �Ilage, 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 condfions of employment.
5
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 pasition of: Firefighter (Firefighter, Firefighter I,
Fireflghter 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 c�sual fire inspector, interim fireflghters, 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 condifions of employment for part-time employees shal! 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.
6
ARTICLE 3 DUES CHECKOFF
Section 1. Empioyees 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
revocafion 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 du�s 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 �Ilage on
account of dues eROneously collected by the Village and/or remitted to the Union. The
Union further agrees to refund to the �Ilage any amounts paid to the Union in error
upon presentation of proper evidence thereof.
7
ARTICLE 4 UNION BUSINESS
Se�tion 1. Each employee shatl 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 ftom 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 w+ill be used on an hour for hour basis.
Seetion 3. The Union will be allowec! up to iwo (2) designated employee
representativ� 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 fime and one half as
necessary.
Section 5. It is further agreed that the Village shall provide a written
ac�unting of the usage of the Union Time Pool on a monthty basis.
8
ARTICLE 5 BULLETIN BOARQS
ecti 1. The �Ilage shall furnish space at the Fire Station for a builetin
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, noticss, or materials posted shall contain nothing of a
derogatory nature towards the �Ilage, 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 representafives who shall be held
responsible for the content of such material.
9
ARTtCLE 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.
Sec 'on 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 fio facility, equipment or fumishings.
Secfion 4. On duty personnel shall be able to attend meetings that are held
writhin the �Ilage 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.
10
ARTICLE 7 MII�NNAGEMENT RICHTS
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 poavers 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 organizafion of the Village govemment;
b. To set standards of service to be offered to the pubiic; to direct the employees of
the �Ilage, including the right to assign work and overtime;
c. To schedule the wrorking hours;
d. To hire, examine, classify, promote, train, transfer, layoff, recali, 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
discrefiion over the organization and efficiency of operations of the Village.
g. To make and enforce work standards, protocols, and operafional
standards;
h. To determine the content of job classiflcations;
i. To determine the locations, methods, means and personnel by which
operations are to be conducted, including the right to determine wfiether
goods and senrices are to be made or purchase�d.
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 alte� tF�e composition
and size of the work force, including the right to relieve emp{oyees 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
writh other provisions of the Agreement.
11
ARTICLE 8 AAEETiNGS 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 Distri�t Vice President or tl�e 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 vv�iting 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 forvvard for discussion with the Fire Chief, except in the
event that such issues involve the performance of the Fire Chief.
Section . 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.
12
ARTICLE 9 SAFETY COMMITTEE
S'on 1. There is a Safety Committee in the �Ilage 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 Safeiy 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, avhich shall include items submitted by any member of the Committee to the
Chairman at least ten (10) calendar days prior to the meefing, together with such
information as may be helpful in preparing a meaningful meeting agenda program. The
agenda shall be provided t� 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.
13
ARTICLE 10 NON-DISCRIMINATION
Seetion 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.
14
ARTICLE 1 i 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 absfinence in whole or in part by
employees from the full and faithful perFormance of their duties of employment with the
�Ilage, 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.
Secfion 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 othenwise 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 rec�gnizes that it and all acting in concert with it shall be
liable to the penalties set forth in section 447.507, Fforida 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 onfy issue wrhich shall be
grievable with reference to the termination is whether or not the employee wras in fact
engaged in a strike.
15
�RTICLE 12 PERSONNEL REDUCTION
Section 1. In the case of a personnel reduction, probatianary 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 purpases 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 wrho are laid off from their
classifications may bump into the next lower classific�tion 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 vvho are laid oif shall be rec�lled 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 tv�relve �12) months of the date he or
she was laid off and provided that the employee continues to meet the minimum
requirements to pertorm the duties and responsibilities of the classfication 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 shatl be offered a new position in
another lateral or lower classification for uvhich 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 uvith proof of delivery. If a written
response is not received from the laid off employee, w►ithin ten (10) business days of the
date of delivery, said employee shall forteit their right to be recalled under the provisions
of this Agreement.
ection 4. Employees who are laid off shall be paid for all of their accrued sick
leave at a rate fifly 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.
16
ARTICLE 13 SENIORITY
Se�tion 1. Seniority shall be determined from date of hire as a full-time
employee with the V'tllage 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 writh the �Ilage.
17
ARTICLE 14 PROBATIONARY EMPLOYEES
Sec '0 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 cantinue when they retum 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 �. Emplovees hired on or after the date of ratificafion of this
Aqreement who faii to meet the aualifications for. and obtain the ctassifica4on of
FirefiQhter II after their initial twenty four (24� months of emalovment shall be
terminated.
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.
18
ARTICLE 15 DISCIPLINARY ACTION AND DISCHARGE
Section 1. The Village may at any time dismiss or othenroise 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 wamings prior to the imposition of dlscipline or discharge. The
Village may, at any time, discipline or dismiss any probationary new employee with or
writhout proper c�use. �
Section 2. The Village shall fumish 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
tennination 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.
Sec�tion 3. If criminal charges have been formally instituted against an
employee� the Village may plac� said employee on a leave of absence writh or without
pay, or reassign the employee to an administrative position. During such leave of
absence, the �Ilage 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 institutlon 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, writhin ten (10) working days of the incident w�hich gave rise to the review or
investigation or the Departrnent Head's or Acting Department Head's knowledge of such
incident, whichever is later.
Sectlon 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 knowm to the Village at the time of discipline being imposed which can
support the additional discipline. This limitation shall not prevent the Vllage f�om
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.
19
ARTICLE 16 GRIEVANCE AND ARBITRATIOPI PROCEDURE
ection 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, writhin five (5) calendar days of the wriiten 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.
TEP 2. If the grievance has not been satisfactorily resolved in Step 1,
the grievance shall be filed within seven (7) calendar days followring the
completion of Step 1. The g�ievance shall be filed writh 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 'rf requested by the employee, within five (5) calendar days
of the wrritten 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
arbiVation 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. Expediterl Arbitration.-Terminations
Griedances 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;
20
(9 ) 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.
Se ' n 4. The cost of the arbitration shall be divided equally between the
parties.
ec 'on 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.
21
ARTICLE 17 PERFORMANCE REVIEW
Sec ' n 1. Employees shall be evaluated annually by their immediate
supervisors and reviewed at higher levels. The format for rating an employee's job
pertormance shall be consistent with other departments in the Village and approved by
Management. Any guidelines, suggestions, or goals established in the annual
pertormance review shall be obtainable and able to be satisfied during on-duty hours
wrhile working a regular working schedule and shall not be used as the basis for an
unsatisfactory rating on future evaluations
Secfion 2. Employee may file a g�fevance over his or her perFormance rating
providing that such a grievance may not be taken to arbitrafion.
Secfion 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 vvith just cause.
Employees s�ll in their new-hire probationary period who recenre an unsafisfactory
evaluation shall be terminated.
22
AF�TICLE 18 PROMOTIOIdS
Section 1. Fillina of Positions: Once a position higher than firefighter
becomes vacant or is expected to be vacated the promotional process will begin. The
pasition announcement as well as the job description and qualifications for that posifion
�n►ill be posted by the Fire Rescue Administrafion Office. All qualifled persons must
submit their intent to be considered for the position in writing to the ChiePs Office within
the �me frame outlined in the announcement.
Section 2. Notific�tion of Examination: Employees will be given written nofics,
posted on all wo�c location bulletin boards, at least ninety (9Q) days in advance of a
target promotional examination date. The testing wrill commence no sooner than ninety
(90) days after the notice, nor later than one hundred and fifly (150) days after the
notice._ Source materials from which the examination is drav�m shall be given in writing
concuRent with the exam announcement and shall be in print or otherwise obtainabte at
the applicant's expense.
Section 3. Application for Examination: No employee shall be permitted to
apply for a promo�onal examination after the announced closing date
Section 4. Eligibility Criteria for Promotional Examinafions.
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-le�s�e�e�ea�� hold 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 educationat
background, which shall be specified at the Announcement.
23
B) First preference shall be given to qualified persons within the Department.
If there are no qualified persons ftom within the Department, or the
applic�nts fail in the examination process, the Chief of the Department
may advertise and hire through outside sourc�s. At least one of the
written tests shall be obtained from an outside entity and the Village shall
give and score the test.
Se 'on 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 �Ilage's ability to adequately staff the Department.
C.) Prior to the exam, the facilitator wrill announce a zero tolerance policy for
cheating, and follow up with close and continuous proctoring of the exams
(wrhich 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 corre�t 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 aife�ted item shall be
removed from the test of all candidates. All protests shall be
resolved within three (3) days of the exam.
E) Oral intenriews shall be conducted using a blind numbering system. Each
candidate shall be assigned an applic�nt number, which shall � used as
an identification, in lieu of their name during the intenriew process.
24
Section 7. Written Examinations.
A) Eligible, qualfied applicants shall take a written examination which shali
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 inteniiew 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 Scorina.
A) 1MeiQhtina - Each com�nent of the test shall be stand on its own merit In
other wrords, 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 wrho had the highest written examination
scores above any other applicant who othenwise would have had a tie in
the overall score. If after comparing the uvritten examination scores� a tie
still exists, it shall be decided by seniority.
Section 10. Promotional Registers.
A) App(icants who have passed the written exam and oral inten►iew 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
25
ecti 12. Removal Fram 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 wiil select from the top scoring applicant
that has at least one (1) year in grade as a Firefiighter I II at the time of
aromotion.
B) If an a�olicant does not have at least one �1Zvear in grade as a Firefighter
III at the tlme of promotion such applicant will be skipaed for the
promotion but will retain his or her position on the Promotional Register
and be considered for future promotions
C) Promotions and/or transfers to non-bargaining unit positions and/or non-
shift positions shall be filled at the discrefion of the Fire Chief, with final
approval by the Village Manager.
26
ARTICLE 19 PAY PLAN
n 1 Wa e Lev
A} Pay Plan - The wage levels for hargaining unit employees in the classifications
included in the Recognition Article are set forth in Attschment `-`A"—, attached �eto, and made a
part o� this Collective Bargaining Agreement.
B.) Schedule of Wa�e Increases
�-���-�-�e�e�s-=��2 0�-��-�€�,ss��—YeF-fi�e
�naa �^' ^ u �--- -' ��,e �^, � �^, � �...._� _ ___ �e pay�lans set forth in Attachment A
shall include a one uercent (1 %1 across-the-board increase in �av for all baz�ning unit
emAlovees to be effective with the pay geriod including October 1 2015 a two percent (2%�
across-the-boazd increase in oay for all bazgaining unit employees to be effective with the pav
pe�iod including October 1 2016 and a two rcent �2%oZacross-the-boazd increase in pay for all
bar�ainin� unit emnloyees to be effective with the �a}r peri� includin October 1 2017 T here
shall be no across-the-boazd increase for Fiscal Yeaz 2014-2015 eEmployees shall advance in
the pay plan set farth in Attachment A in accordance with the terms of this Collective Bazgaining
Agreemen�
�
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� ffi
A **^ rhmra 6 �" " vcWVairaorc
SecHon 2 Minimum Reauirements for Classificationa
A) Firefi ter - Employe,�s 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 e�a�3,�8A8 in Au�ust 2013 and executed bv the Union on Julv
� 1. 2013 and the Village on October 3 2013 Such Policy is incorporated by reference and
considered to be part of tbis collective bargaining agreement but may be amended at any time
with agreement of the Fire Chief and Union President. A Firefighter must be classified as
Firefi�hter II or hi�her before he or she is allowed to drive an engine or tower
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.
27
Section 3 Assignment Pav
A) Paramedics - All Bargaining Unit Employees who aze Degarkment fimctioning
solo Paramedics shall receive twelve percent (12%) assignment pay and shall be required to
function as Pa.ramedics. This assignment �ay shall be increased to thirteen ercent 13%1
effective with the �y period including October 1 2015
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4�e... �.4 w�a»�s.� 4� � � � M4:.... r ��. .• a � �� t.
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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
M�ical 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 TeamBoat Drivers - Employees who are assigned to the Village's dive
team as a diver shall receive a e�e payment of $1 300 �A88 which will not be added to
base pay and will be paid in the form of a$50 40 pavnnent on each pavcheck. �
Section 4. Step Increases.
A) Step Increases - Employees step increases will be given at annual intervals each
October 1�, , , '
. Step increases may be withheld in accordance with
Article 17 of the Agreement.
ec o 5 PromodonalIncreases.
A.) Employees who are promoted to tUe 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, then the employee
shall be paid at the next highest step which will provide at least a six percent (6%) raise.
28
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 yeaz 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 promotioa If the requirements aze not completed
within the one-year time frame, they will be retumed to their previous position and next person
on the promorion list will be affered 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.
Section 6 Worlding in other Class�tflcalions
A) Fire Fi ters - Fire Fighters temporarily assigned to work as Lieutenants shall
receive a five percent (5%) wage supplement.
B) Lieutenants - Lieutenants temporarily assi�ed 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 an
said register from the shift in which the assignment or temporary appointment is needed. If there
aze no such persons on the register then the assigIIment or temporary assignments may be made
as management determines. Temporary assignments shall be made by the Fire Chief and in
written form.
29
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 writh
the provisions of the Fair Labor Standards Act, and compensate acc�rdingly,
unless modified by the provisions of this Agreement. Combat employees of the
Fire Departrnent work a forty-eight (48.0) hour workweek. This is based on
working one hundred and forty four (144) hours, in a iwenty 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
c�ses as determined by the Chief of the Departrnent.
B. The starting time is 7:30 a.m.
C. Kelly Days will be selected in September and are made annually, based
upon shift assignm�nts 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 followring 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. tf an employee acxepts a promotion or assignment into a new
classification, the employee's selection of Kefly 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 mast seniority shall maintain his or her previousty 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, un�l such
time a new selection process has begun.
G. If a problem arises in tl�e implementafion of this Article, the Fire Chief shall
resolve the problem.
30
5ection 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 Ic�.-
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.
31
ARTICLE 21 QVERTIME
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-haff (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
writh the departrnenYs 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 shalt 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 camputing hours worked bereavement leave
shall not be included as hours worked.
32
ARTICLE 22 EXCHANGE OF TIME
Sectian 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 supenrisor, for extenuating circumstances. The purpose of this officer
revieuv 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.
Se 'on 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 wrill 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 opfion of finding an emergency
trade time (replacement), in order to fill the shift. If this occurs no time accrual banks wili
be used.
Section 5. All pay-backs for exchange of time are the responsibility of the
employees involved in the exchange.
Section 6. Hours wrorked under this Mutual Exchange of Time Article shall not
be counted tovv�ards extra compensation as autlined under Article 19 Pay Plan, Section
6 Working in other classifications.
33
�4RTICLE 23 CALL BACK
Section 1. Any employee called back to duty (required to repart at a work
location) shall be paid for actual time worked at the rate of time and one-haff (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 OfFcer on duty and be required to stay and assist in other Fire Department
duties during the three (3) hour call back time frame.
34
ARTICLE 24 INCENTIVE PAY
Section 1
A) In order to p�ovide a pool of employees who are certified� and available, the
Vilfage 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.
35
ARTICLE 25 EDUCATION
S'on 1. Tuition Reimbursement - Tuition reimbursement shall follow the
�Ilage Training Programs Policy 6.2 (revised November 8, 2007) with the inclusion of
Section 2 below.
ecti 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.
Secfion 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 particutar year, all applications must
be submitted to the Village by October 1 and the scholarship shall be awarded on
November 15. The �Ilage 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.
36
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 Vllage, but which is not required by the State of
Florida, and not available to the employee while on duty, wriil be completed by the
employee and shall be considered as time worked.
37
ARTICLE 27 UNIFORMS
Section 1.
A. The Village shall provide all newly hired employees writh the following
departrnent 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 Coltar 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 ftems -The Village will replace all items in accordanc�
� with department policies and procedures.
Sectio 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 mode{ 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 b�t 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.
38
ARTICLE 28 VACATIONS
ection 1. Amount of Vacation.- Bargaining unit members ea.rn 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, if �anted•
during their probationary period�. At the successfut completion of the � 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 stubs shows the current hourly balance of all
leave types as of the day the payroll was processed. Personnel can convert �e hours to shifts by
dividing the number of hours by 24. You eazn annual leave throughout the year, eaming 1/26 of
your annual allotment each pay period.
Annual leave is accrued (or earned) at the following rates:
Twen -fow hour shift rsonnel
Years of employment Number of Bi-Weekly
weeks accrual
Date of hire thru 4�' ear Two weeks 3.692 hours
5�' eaz thru 9�' ear Three weeks 5.538 hours
10�' ear and more Four weeks 7.385 hours
Table 1
ection 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 tirne to
assure that each employee is given an opportunity to pick two vacation slots before the beginning
of the new calendaz year. Each employee will be able to pick their annual leave selection dates
according to seniority. Annual leave selecrion 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 emplo eesl. 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.
40
A�,11 ...,...a.:,.�. ..l..a __ _ ..:.7s..e.7 �.. 1... Q..�. /Cl .. 1.'A 1. 10 1• l� 11 1�
�wvu vv wiuv
f
. Single shifls or partial shifts may be granted after the vacation
pick schedule has expired. In other words, atter 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 one (1l employee ner scheduled shift i e a total of three (3� employees one (1) �
shiftl mav be off at any one time The parties agree that this provision allowin�ee (31
emplavees off at any one time may be re-onened for additional baz�g bv either party rior to
the fiscal vear beeinnin� October 1 2017 In the event one.party or the other wishes to re-open
this nrovision for additional bargaining, the party desiring to re-open must serve notice to the
s�ther pa�rly on or before June 1. 2017. �uve-E2�.
, .
��..e ..w:a .:n P&�C�a-�f��+-fti�--�3FJ'�A�C'F��i •r�.�. t .,. L � �
• e ._.s.i.. ..F al. T ..�...,, a,7'..�. a .7 ♦ Fl.
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D). When requesting annualleave 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 aze 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 Chie� for unusual or emergency
circumstances, may grant leave outside the time fiames listed above, providing the request does
not reduce staffing below minimum levels.
41
Section 5. Vacation Carrv Over. - The maximum number of affival leave hours you
may cany over from year-to-yeaz is 320 hours. This carry-over occurs on October lg' of each
year. You must use any leave over the maximum accrual rate prior to the October 1� date or you
will lose the additional time.
ction 6. Transfers - If an employee is to be tzansferred 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 sluft is changed.
Section 7. Dona ' Vac tion 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 L�ve Donation Request procedures. Tlris will be accomplished by
using forms provided by the departmen� Employee donations must be made in minimum eight
(8) hour increments. The hourly rate of pay for an employee donatin.g annual leave time shall be
irrelevant in relation to the hourly tate 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 aration - If you resign your position
with the proper two-week notification, or if you are terminated for reasons beyond your coutrol,
you aze 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.
42
ARTICLE � HOLIDAYS
S'on 1. Twenty-Four (24) Hour Shift Emplovees.
Twenty-four (24) hour shift employees shall work the observed holidays as part of their
regular tour of duty. The following are rec�gnized 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)
Memoriat Day (Last Monday in May)
Independence Day (July 4�)
Labor Day (1st Monday in September)
Veteran's Day (November 11)
Thanksgiving Day (4�" Thursday of November)
Day after Thanksgiving
Christrnas 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 inc�ntives) for each of these holidays identified above, wrhether 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 vvhich 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 w�h the preceding
paragraph.
43
ARTICLE 30 BEREAVEMENT LEAVE
Section 1. Twen#y-Four �24) Haur Shift Empioyees - in the case of a death in
the immediate family, the employee shall be entitied 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 Famiy - 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 halt�, grandparents, grandchildren and domestic partr�ers.
Section 3. An employee may extend bereavement leave by using vacation or
sick leave writh the approval of the Fire Chief. A maximum of 48 hours sick leave
extension may be requested.
44
ARTICLE 31 COURT TIME
S on 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 flrst two (2) hours of
court or de�sition when subpoenaed to appear in matters relating to the Village. After
two {2) hou�s 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.
45
ARTICLE 32 JURY DUTIES
Section 1- Employees will be given leave avithout loss of pay or benefits for jury
duty pursuant to a summons, upon presentafion to the Fire Chief of the summons.
Employees shall be required to retum 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.
46
ARTICLE 33 — INS AAT['F
Section 1. Health Insurance - Employee Coverage; The Village shall provide
traditional Health Insurance at no cost ta the employee; dependent coverage paid at sevettty 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).
In the event an emQloyee o ts to artici te in the Vill hi gh deductible
Alan. the Vi11aQe shall fimd �e employee 's Health Saving,s Account (HSA� in an
amount e qual to the difference between the amount the Village would have naid i the
employee narticipated in the traditional he,alth insurance plan and the amount the Village
will nav as a result of the employee's el�tion to participate in the high deductible
nlan. The Village shall also allow an annual sell back of sick leave which allows
�mt�lovees to fund their individual HSA by "sellin�" sick leave at the rates Arovided for in
Article 44. section 5.
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�ite--�4'�A1 dwllara r Y 2iFlg� o L r-�m�'`'
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Section 2. Health Insurance Provider The Union shall continue to be allowed to
participate on the committee or ta.sk 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 non-unionized
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 dependent coverage. Dependent coverage may be paid
through payroll deductions (24 times per yeaz). The Union shall continue to be allowed to
parricipate on the committee or task force established for the purpose of selectimg the insurance
47
provider and the plan of benefits to be offered to employees. The dental insurance provider
and the plan of benefits offered to bazgaining 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 $1,0()0, subject to a maximum of $150,000.
48
ARTICLE 34 PENSIONS
Section 1: Pension ordinance(s) applicable to bargaining unit employees shall
not be changeci during the term of this Agreement, except as provided herein, unless
othervvise 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 beneflts.
Section 2: The Ullage shall adoat an ordinance amending the Public Safetv
Emplovees' Pension Plan as foliows:
A. The employes contribution rate to the Public Safety Employees' Pension
Plan shall be increased #o five and one-half nercent �5 5%� effective with the pa�roll
qeriod includin� October 1, 2016. The emolovee contribution rate shall then be
increased to six percent (6%) effective with the pay period including October 1 2017
B. All monies received pursuant to Chapter 175 Fla Sat including the
amount above the cuITent frozen amoun� shall be utilized to reduce the Villaae's
repuired contrlbution to the Public Safety Employees' Pension Plan. The aarties agree
to take whatever steps necessary to allow monies received pursuant to Chaater 175
Fla. Stat.. to be used in this manner. which may include an increase in the employee
contribution to be bought down to the then-current em I�oyee corrtribution rate throuah
the use of the Chapter 175 monies.
C. The current reserve of excess monies received pursuant to Chapter 175
(aparoximatelv $400.000) shall be used to reduce the Village's reauired contribution to
the Public Safetv Employees' Pension Plan durin4 the 2014-15 or 2015-16 plan years
as determined by the Village The parties agree to take whatever steps necessar�r to
a� those reserves to be used in this manner. which may include an increase in the
emplovee contribution to be bought down to the then-current employee cor�tribution
rate throuah the use of the reserve monies.
D. After imalementation of the increases in the em�loyse contribution
nrovided for in subsection A above if the Villagg opts out of participation in Chanter
175, or in anv way causes the State of Florida to cease issuance of proceedspursuant
to Chanter 175. the emoloyee contribution rate shall immediately decrease to five
percent (5%).
49
E. Effec�ve writh the first day of the first month beginning on or after the date
of ado�tion of the ordinance implementing the changes provided herein the multi lier
for I future senrice by participants in the Public Employees' Pension Plan who are
activelv emploved on that date shall be three aercent (3.0%Z
F. All tlarticipants in the Public Emplovee.s' Pension Plan hired on or after the
date of adoption of the ordinance implementing the changes provided herein shatl have
a ten �10�year vesting period and shall have a multialier of two e� rcent �2.0%) for the
first ten (10) vears of service and fin►o and one-half percent �2.5%) for all years of
servi� ther�after. and the definition of salarY for the purposes of c�lculating such
emalovees' averaae flnal com�ensation will be modifled so that the definition of sala,ry
shall include base compensation �including regular eamings vacation pay and sick
pay� bu# shall exclude lump sum pavments overtime bonuses incentives and
longevity allowances.
G. Coin�ident with entry into the DROP an emptoyee shall have the oation of
se linca back to the Villaae their accrued hours of vacation and/oc sick leave subject to
the qrovisions of Artide 44.
H. As of the date of ratification of this Agreement, when calculating a
f refiqhter's retirement benefits. such calculation shall not include more than three
hundred (300) hours per year of overtime compensation and shall not include any
aavment for accrued. unused sick or annual leave above the number of accrued
unused sick or annual leave hours accrued as of the date of ratification of this
AQreement subject in any event to the provisions of Article 44. Section 5.
I. The retum eamed or interest credited to DROP or Share accounts shall be
eaual to the net retum eamed by the Public Em,ployees' Pension Plan but not less than
zero percent (0%� and not more than seven and one-half percent �7.5%).
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51
ARTICLE 35 DOCUMENTS
Se '0 1. The Village agrees to provide one (1) copy of each of the following
documerrts 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 fisc�l 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.
ction 2. Deaartment Manuals
The Village shall provide a copy of the Department Manuat, with alt revisions thereto, to
each employee.
cti 3. Other pocuments
Where additional documeMs are required, the Union will make a public records request
through the Village Clerk's office, and pay the prevailing copying and labor costs.
52
ARTICLE 36 USE OF PERSONAL VEHICLES
Secfion 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.
53
ARTICLE 37 STATION CONDf'�ONS
Ssction 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.
�ection 2• In order to prevent the spread of infectious diseases between
patients, employees and the members of the Public, the �Ilage shall have disinfecting
facilifies in accordance with section 5.8 of the Nafional Fire Protection Code 1581, 2005
editlon, in the fire station, where practical.
54
ARTICLE 38 SAVINGS CLAUSE
S'on 1. Should any section or portion of this Agreement be held invalid or
uniawful by any court of competent jurisdidion, such decision of the court shaii apply
only to the specific section or �rtion 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.
55
ARTICL 39 REPLACEMENT OF PERSON PROPERTY
S ian 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.
56
ARTICLE 40 PREVAILING BENEFITS
Section 1. Alt job benefits in effect at the �me of the execution of this
agreement hereto for authorized by the Village or benefits provided ordinance or Code
of the �liage or �Ilage 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 Viliage and the Union will meet at the request of either party to
negotiate any proposed changes in those rights and benefits not specfic�lly covered by
this agreement, provided, however, no changes shali be made except where a waiver
exists or where the changes negotiated in accordance v�rith Chapter 447, Florida
Statutes.
57
ARTICLE 41 DURATION OF AGREEMENT
Section 1 It is understood by and between the parties that tlus Agreement and any
side agreements executed by the parties constitute the entire agreement l�tween the parties and
shall be effective October 1. 2015 ', and shall continue through
September 30, 2018 , ° 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 inteirtion 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 �aeget�ete�. Any party providing such notice must
thereafter provide written proposals on all articles identified in the notification by April 15. If a
mutually satisfa.ctory 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.
58
ARTICLE 42 EMPLOYEE ASSISTANCE PROGRAM
Secfion 1- Fire Rescue Personnel are included in the Village of Tequesta
Employee assistance Program.
59
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 Sta#utes,
which shall be deemed fully incorporated herein.
60
ARI7CLE 44 SICK LEAVE
ectio 1. It is agreed between the parties that sick leave use can have a
detrimental effect on the daily o�ration of Fire-Rescue, including the workload of other
Fire-Rescue employees, the level of senrice 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 eifort 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.
Sec on 2. Aparoved 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-woricers 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 matemity leave.
F.) Any absen� 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 sixly (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 retum to work at any time after calling in sick.
However� they may only retum to work one time during a shift.
C.) If, in the opinion of the immediate Supervisor, an employee is
determined to be too il�njured to work, the Supenrisor may
recommend that the employee be sent home. The first Non-
61
Bargaining Unit Supervisor, above the immediate Supenrisor of the
employee in question, shall have the authority to send the
employee home, based on the rec�mmendation of the immediate
Supenrisor and direct obsenration of the employee.
Section 4 Sick Leave Buy Back - Effective December 1 of each fiscal year�
any eligible empioyee who has been continuously_employed for at {east twelve (12)
months and who has an accrued sick leave balance of four hundred eighty (480) hours,
and wrho 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 forly (40) hours for cash payment at one hundred percent (108%) of their
current hourly rate. Any additional eligibie hours may be redeemed at fifty percent
(50%) of their current hourly rate. However, Unit Members must have at least 360
hours of sick leav� remaining after surrendering sick leave for cash payment to be
eligibie 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 wrhich the employee needs to decide. Employees will
respond indic�ting 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 hislher accrued sick leave acxording to the followring schedule.
PERC�NTAGE.QF
� Y�tR$ QF ,ACCRUi4L _ _;
.. �MPLOYM�NT RAID �T0 �MPLOYEE
One 1 throu h Nine 9 25 Percent
Ten 10 and Over 50 Percent
62
ARTICLE 45 LEAVES OF ABSENCE
ction 1 il a d M dical a - Eligible employees shall be enti�ed,
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 FMtA is taken.
Section 2 Military Leave With Pay - Leave of absence and re-employment
rights of employees inducted into the military senrice 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.
63
ARTICLE 46 FITNESS FOR DUTY
S ion 1. Physic�l Fifiess
A.) Parties acknowledge the fact that firefighting is a physicalfy demanding and
hazardous profession; and both parties have a vested interest in assuring that
personnel in this profession are perForming at peak pertormance. Therefore, in a
joint effort between the Union and the Village, they agree to establish a baseline
physical fltness standard for all combat personnel. This standard wrill 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 fifiess assessment designed for
their position after their extended leave or surgical procedure, shall not be
permitted to retum to duty until such time he or she is able to pass this physical
fitness assessment. If the employee cannot pass the physical fltness
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.
64
D.) Village shafl provide in all permanent fire station locations, a physical fitness area
equipp�f with a standard complement of exercise equipment.
E.) Neither party shail have the right to grieve or arbitrate this Article, unless the
provisions of this Article are violated.
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ARTICLE 47 COAAMUNICABLE DISEASES
Section 1 Communicable Diseases - This Articfe 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
treatrnent, 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 sho�m by c�mpetent evidence; however, in order to be entitled
to the presumption, the emergency rescue or public safety worker must,
by wiritten 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 c�used 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 canditions
derived from hepatitis, outside the scope of his or her
employment
b) Had a transfusion of blood or blood c:omponents, other fihan
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 vvith 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.
66
2) In the case of ineningococcal meningitis, in the 10 days
immediately preceding diagnosis he or she wras not exposed,
outside the scope of his or her employment, to any person knowm
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 knowm 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 inedically indicated in the given circumstances
pursuant to immunization policies established by the Advisory Committee
on Immunization Practices of the United States Public Health Senrice, an
emergency rescue or public safety worker may be required by his or her
employer to undergo the immunization or prophyla�as unless the Village's
physician determines in writing that the immunization or other prophylaxis
would pose a signficant 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 wrorker from the benefits of the presumption.
C.). Ir�fluenza - During the flu season of each year� the Village wrill provide and
pay for flu shots to the employees.
Section .2) TB Screenina - The Village shall provide a tuberculosis screening
annually for all bargaining unit employees.
Section 3.) Record of Exposures - The �Ilage of Tequesta shall maintain a
record of any knoaun 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 knovim or suspected occupational exposure to hepa�tis infection,
meningococcal meningitis, or tuberculosis.
67
Section 4. Required Medical Tests; Pre-Employment Physical. In order to be
entitled to the presumption provision an emergency rescue or pubiic safety worker must.
prior to diagnosis, have undergone standard, medicaliy acxeptable tests for evidence of
the communicable disease for which the presumption is sought, or evide�ce of inedical
conditions derived there from, which tests fail to indicate the presence of infecction. This
paragraph does not apply in the case of ineningoc�ccal meningitis.
68
ARTICLE 48 DISABILITY LEAVE
Section 1 4n-The-Job Disabilit� 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 �Ilage 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 retums to the essential du6es of the
employee's position; is m�dically able to retum to the essentiai duties of the employee's
�sition; or receives a determination that the employee will not be able r�tum 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 writh the same
illness/injury, that employee's time-shall be cumulative writh 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 fited if the disability as proved in this Section is for seven (7) or
less.
Section 2 Liaht Duty (On-The-Job Disability�. The Village has the right to assign
an employee v�rho incurs an illness or is injured in the line of duty as provided in Sectian 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 Iight duty assignment under this section may use sick leave
and then vac�tion 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
Seetion 3 LiQht Dut�(Off-The-Job Disabiliiy�.An 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 conditlon permits. An employee working such light duty position shall
be paid and shall be entitled to benefits, as provided for �at position.
Section 4 Short Term Disability (Off-The-Job) - For non job-related
illne�njuries, an employee shall have a maximum of twrelve (12) months writhin which to
retum to the essential duties of the employee's position, with or writhout a reasonable
accommodation. The ability to pertorm the essential duties of a position shall be
determined by the Fire Department Physician. Provided, that if an employee retums to
work and later goes badc out �roith the same injuryrrllness, within six (6) months of that
employee's retum to work from the initial illness/injury, that employee's time shall be
cumulative with respect to the twelve (12) month maximum cap.
69
ARTiCLE 49 SUBSTANCE ABUSE POLICY AND TESTING
Se 'on 1. The Village and the Un1on re�cognize 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 impair� 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 commitrnent to solve this problem and to create and maintain a drug free
work place poticy.
The Village and the Union agree to follow the Village of Tequesta Drug Free
Policy 3.12, (revised July 18, 2005) writh the inclusion of the provisions of this Article.
e' n 2. Additional Testing: In addition to the testing presc�ibed in the
Village's Dnlg Free work place policy additional testing will be conducted and as
required by applic�ble state or federal laws, rules, or regulations.
Section 3. Post Accident Testing: If an employee is involved in an accident in
v+rhich the employee was driving, and any one of the following occurs: an individual
dies, an individual suffers a bodily injury and immediately receives medic�l 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 4.1 Random Testing: Testing employees for alcohol and controlled or
illicit drugs shall be performed. Random selection of employees wrill 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 AAEDI AL 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 DepartmenYs 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 deve(op new medical examination standards.
B). All employees may be required to submit to a drug test during their
examinafion.
C). All combat personnel shall take annual medical examinations writh the
vendor of choice by the Fire Departmerrt. 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 urrtil the requirements are met. Any employee who disagrees with the
results or recommendations of a medical examination condu�ted 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
betwreen 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 befinreen 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 deasion griev� 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 du�les after any medical procedure, such as a surgical
71
procedure and/or broken bones, etc, or a medical absence that created an absence
from active dufiy on the job greater than one (1) month.
72
SIGNATURE PAGE
IN ITNESS WHEREOF, the parties have executed this Agreement this � day of
. , 20158.
Village of T�uesta PROF SIO AL RE FIGHTERS OF
P B H O LOCAL 2928, IAFF
Michael Co�o Charles Lupo
Village Manager 1� Executiv P 'dent
James Weinand a nd Giblin, DVP 20
Fire Chief � Negotiating Team Member
Ratified by the Village of Tequesta Ratfied b the U�n'pn
on the _ day of , 20158 on the � day c� IJV�'156.
C�
Confirmed by: Confirmed by:
73
ATTACffiVIENT A-1
Flre Rescue 72 Step Career Development Mabrbc
Effective October 1 2015
Ste Firef hter I Flrefi hter II Firefl hter III Resc�e Officer Rescue Officer I Rescue Officer II
1 $44,084 $46,288 $48,602 $57.684 $60.568 $63,597
2 $45,607 $47,887 $50,281 $59,205 $62,165 $65,274
3 $47,130 $49,486 $51,960 $60,726 $63,762 $66,951
4 $48,653 $51,085 $53,639 $62,247 $65.359 $68,627
5 $50,176 $52,684 $55,319 $63,768 $66,957 $70,304
6 $51,699 $54,283 $56,998 $65,289 $68,554 $71,981
7 $53,222 $55,883 $58,677 $66,810 $70.151 $73,658
8 $54,745 $57,482 $60,356 $68,331 $71,748 $75,335
9 $56,268 $59,081 $62,035 $69,852 $73,345 $77,092
10 $57,791 $60,680 $63,714 $71,373 $74,942 $78,689
19 $59,314 $62,279 $65,393 $72,894 $76,539 $80,366
12 $60,836 $63,878 $67,072 $74,412 $78,132 $82.039
Incentiv�
Param�ic 13%
Diver Base Plus $1,300.00
Inspector Base Plus $1,300.00
A.S. Degree Base Plus $600.00 Reimbursed by State
_B.S, D�res Base Plus $1,320.00 Reimbursed b State
74
ATTACHMENT A-2
Fire Rescue 12 Step Career Development Matrix
Effective October 1, 2016
Ste Firefl hter I Firefi hter II Firefl hter III Rescue Officer Rescue Offlcer 1 Rescue Offtcer II
1 $44,965 $47,213 $49,574 $58,838 $61,780 $64,869
2 $46,519 $48,845 $51,287 $60,389 $63,408 $6fi,579
3 $48,072 $50,476 $52,999 $61,940 $65,037 $68,289
4 $49,625 $52,107 $54,712 $63,491 $66,666 $69,999
5 $51,179 $53,738 $56,425 $65,042 $68,294 $71,709
6 $52,732 $55,369 $58,137 $66,593 $69,923 $73,419
7 $54,286 $57,000 $59,850 $88,144 $71,552 $75,129
8 $55,839 $58,631 $61,563 $69,696 $73,180 $76,839
9 $57,392 $60,262 $63,275 $71,247 $74,809 $78,549
10 $58,946 $61,893 $64,988 $72,798 $76,438 $80,260
11 $60,499 $63,524 $66,700 $74,349 $78,066 $81,970
12 $62,053 $65,155 $66,413 $75,900 $79,695 $83,680
Incerniv�
Paramedic 13%
Diver Base Plus $7,300.00
Irtspector Base Plus $1,300.00
A.S. Degree Base Plus $600.00 Refmbursed by State
B.S. Degree Base Pius $1,320.00 Reimbursed b State
75
ATTACHMENT A-3
Fire Rescue 92 Step Career Development Matrix
Effective October 1, 2017
Ste Firefl hter I Firefi ter II Firefi hter III Rescue Officer Rescue OfFcer I Rescus Offlcer II
1 $45,865 $48,158 $50,566 $60,015 $63,015 $66,166
2 $47,449 $49,821 $52,313 $61,597 $64,677 $67,910
3 $49,033 $51,485 $54,059 $63,179 $66,338 $69.655
4 $50,678 $53,149 $55,806 $64,761 $67,999 $71.399
5 $52,202 $54,813 $57,553 $66,343 $69,660 $73,143
6 $53,787 $56,476 $59,300 $67,925 $79,321 $74.888
7 $55,371 $58,140 $61,047 $69,507 $72,983 $76.632
8 $56,956 $59,804 $62,784 $71,089 $74,644 $78,376
9 $58,540 $61,467 $64,541 $72,672 $76,305 $80.120
10 $60,125 $63,131 $66,288 $74,254 $77,966 $81,865
11 $61,709 $64,795 $68,034 $75,836 $79.628 $83�609
12 $63,2�4 $66,458 $69,781 $77,418 $87,289 $85,353
Incentives
Paramedic 13%
Dlver Base Plus $1,300.00
Inspector Base Plus $1,300.00
A.S. Degree Base Plus $600.00 Reimburs� by State
B.S. Degree Base Plus $1,320.00 Reimbursed b State
76
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