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HomeMy WebLinkAboutVII (G) Discussion/ Action re: Approval of IAFF Contract Agenda 9-21-99 1\ Item VII G \ ] PEGGY PSALEDAKIS \ HUMAN RESOURCES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 (407)656-2322•FAX(407)656-8504 TO: THE HONORABLE S. SCOTT VANDERGRIFT MEMBERS OF THE CITY COMMISSION FROM: PEGGY PSALEDAKIS,HUMAN RESOURCES DIRECTOR DATE: SEPTEMBER 17, 1999 SUBJECT: ACCEPTANCE OF THE IAFF CONTRACT Please be advised that we have concluded our negotiations with the Firefighters. At this time, please be advised that all negotiations went well and both parties bargained in good faith. The contract has been unanimously accepted by the Ocoee Firefighters and Engineers. At this time,we respectfully ask for your acceptance of the attached contract. CC: City Manager City Clerk THE PRIDE OF WEST ORANGE Ocoee Professional Fire Fighters Local 3623 Memo To: Ellis Shapiro,City Manager (�� From: Joe Moy,President Local 3623 '1 CC: Ron Strosnider,Fire Chief U Peggy Psaledakis,Personnel Director Date: September 17, 1999 Re: Results of Contract Vote As you are aware, voting was conducted within the Bargaining Unit of the Fire Department over the last two days with the intent to either accept or deny the pending Union Contract with the City of Ocoee. I am pleased to announce that at the conclusion of the voting process, the contract was agreed upon by the majority of the bargaining unit members. In fact, it was approved unanimously by those members who voted. I respectfully request that the City's Commission be advised of our current status. And that they might have on their agenda for Tuesday the 21st the final acceptance or denial of our contract. Many thanks to Chief Strosnider, Chief Firstner, Peggy Psaledakis (as well as her staff), and to all others involved in our negotiation process. It is my belief that the entire process, though long,was handled efficiently and professionally. •Page 1 LAW OFFICES ALLEN, NORTON & BLUE PROFESSIONAL ASSOCIATION MIAMI OFFICE ORLANDO OFFICE TALLAHASSEE OFFICE TAMPA OFFICE SLATE Soo SIGNATURE PLAZA.SUITE Wo SUITE 305 HYDE PARK PLAZA,SUITE 350 121 MAJORCA Al SOUTH ORANGE AVENUE EIS SOUTH MONROF STREET 324 SOUTH HYDE PARK AVENUE CORM.GABLES,FLORIDA33134 ORLANDO,FLORIDA 32801 TAI.IAHASSEE,FLORIDA 32301 TAMPA, FI.LIRIDA 33606 302144511001 -11437 850/561O503 FOSGT1-1210 TELEcow3omaaz-Inc TELECOPY 4071422-7308 IELEwwHsveewz3z rELErow elA253.200a REPLY TO. Tampa August 24, 1999 VIA OVERNIGHT DELIVERY Peggy Psaledakis, Director of Personnel City of Ocoee 150 North Lakc Shore Drive Ocoee, FL 32761 Re: Negotiations with IAFF, Local 3623 Our File No. 31(T)(B) Dear Peggy: Enclosed please find the final Collective Bargaining Agreement with my letter of explanation to Joe Moy. Once you have checked the changes,if they are fine, please deliver the letter and the final contract to Joe Moy. Also, please call Melodic and advise her when that is done so she can send a copy to Bob Saunders. If anything needs to be corrected,just give me a call and we will make the corrections and fax them to you. Sincerely, /24,j ( I Gc W. Reynolds Allen WRA/mg Signed in my absence Enclosure to avoid delay 44410 1 L LAW OFFICES ALLEN,NORTON& BLUE PROFESSIONAL ASSOCIATION MINI OFFICE ORLANDO OFFICE TALLAHASSEE OFFICE TAMPA OFFICE SUITE 300 SIGNATURE PLAZA,SUITE 900 SUITE 305 HYDE PARK PLAZA,SUITE 350 121 MAJORCA 201 SOUTH ORANGE AVENUE 215 SOUTH MONROE STREET 224 SOUTH HYOE PARK AVENUE CORAL GABLES,FLORIDA 33134 ORLANDO,FLORIDA 32801 TALLAHASSEE,FLORIDA 32301 TANIPA,FLORIDA 33606 305/445-T001 407/8410437 850681.3503 611251•1210 TELECOPY 305/442.1578 TELECOPY 407/422-T360 TELECOPY 850/50L0332 TELECOPY 813/2512000 REPLY TO. Tampa August 24, 1999 Joe A. Moy, President Ocoee Professional Fire Fighters P. O. Box 579 Ocoee, FL 34761-2216 Re: City of Ocoee Our File No. 31(T) Dear Joe: Enclosed please find the final contract. I had to"tweak" some of the language to represent what we had tentatively agreed to. I list those Sections that were modified from the July 21, 1999 Summary of Negotiations below: 1.3 —Regarding effective date. 4.6 — Time off without loss of pay. 5.4—Elimination of the last clause. 6.3 —Last sentence. 6.9 — I added 16.08 from the Union proposal as far as selection of arbitrators. 10—Simple change of title to reflect tentative agreement. 17.2(D)—Hours counted for overtime. 17.3 — As you will recall, both parties agreed as to 17.3 that the Chief and the Union President would come up with a mutually agreeable method for signing overtime, of course, recognizing in emergency circumstances the shift commander would have to get an order on anybody he or she could find. It was also understood that their agreement would be incorporated 44412_1 August 24, 1999 Page 2 in SOP and that the SOP was a condition to a tentative agreement on the entire contract. I assume Joe and Chief Firstner either have or will work this out before the ratification votes. 21.2—Promotional Probation. 26—Work out of Class. Sincerely, • (14 1dd) �,1�, W. Reynods Allen WRA/mg absence Enclosure „ytined in my o avoid delay 00412 1 ALLEN,NORTON&BLUE,P.A. PROFESSIONAL ASSOCIATION COLLECTIVE BARGAINING AGREEMENT BETWEEN IAFF, LOCAL 3623 AND CITY OF OCOEE Effective Dates: October 1, 1999 to September 30, 2001 08/25/99 11:18 $ _ _ Z002 TABLE OF CONTENTS ARTICLE I: RECOGNITION AND INTENT OF AGREEMENT Section 1.1 Parties 1 Section 1.2 Recognition 1 Section 1.3 Entire Agreement 1 Section 1.4 Effect of Laws and Ordinances 1 Section 1.5 Purpose 2 Section 1.6 Modifications 2 ARTICLE II: DECLARATION OF PRINCIPLES Section 2.1 Union Activities 3 Section 2.2 Non-Discrimination 3 ARTICLE III: UNION SECURITY AND CHECKOFF Section 3.1 Dues 4 Section 3.2 Amount 4 Section 3.3 Remittance 4 Section 3.4 Recourse 5 Section 3.5 Minimum Pay . . 5 Section 3.6 Withdrawal 5 Section 3.7 Indemnity .. 5 ARTICLE IV:UNION BUSINESS Section 4.1 Representation and Notice 6 Section 4.2 Activities 6 Section 4.3 Time 6 Section 4.4 Visitation 7 Section 4.5 Solicitation and Distribution 7 Section 4.6 Time Off Without Loss of Pay - 8 Section 4.7 Bulletin Boards.. . 8 ARTICLE V: MANAGEMENT RIGHTS Section 5.1 Functions of Management 9 Section 5.2 Operations and Direction of Work Force 9 Section 5.3 Examples of Management Rights 9 Section 5.4 Restrictions Under this Agreement 11 Section 5.5 Waiver 12 Section 5.6 Emergencies 12 Section 5.7 Job Duties 12 ARTICLE VI GRIEVANCE AND ARBITRATION Section 6.1 Grievance 13 Section 6.2 Grievance Procedure 13 Section 6.3 Arbitration 15 40749.8.24.11 1 08/25/99 11:17 TS _ V1003_ Section 6.4 Selection and Cost of Arbitrator 15 Section 6.5 Authority of Arbitrator 16 Section 6.6 Time Limits 16 Section 6.7 Burden of Proof 17 Section 6.8 Precedent 17 Section 6.9 Arbitrators 17 Section 6.10 Grievances by Non-Union Member 18 Section 6.11 General 18 Section 6.12 Time Off/Pay 18 ARTICLE VII PROMOTION Section 7.1 Promotion Eligibility List and Promotion 20 Section 7.2 Application of City PRR 21 ARTICLE VIII VOTING 22 ARTICLE IX SPECIAL MEETINGS 23 ARTICLE X NON-BARBAINING UNIT EMPLOYEES 24 ARTICLE XI INSURANCE 25 ARTICLE XII STRIKES 26 ARTICLE XIII SHIFT SWAPS Section 13.1 Application 27 Section 13.2 Payback 27 Section 13.3 Authorization 27 Section 13.4 Emergencies 27 Section 13.5 Increments --- 27 Section 13.6 Qualifications 27 ARTICLE XIV HOLIDAYS Section 14.1 Days Observed 28 Section 14.2 Eligibility for Holiday Pay 28 ARTICLE XV PERSONAL LEAVE 31 Section 15.1 Eligibility 31 Section 15.2 Accrual of Leave 32 Section 15.3 Charging Leave Section 15.4 PRR 32 ARTICLE XVI USE OF PERSONAL VEHICLES 34 40749.8 24.11 ii 08/25/99 11:17 '$ fd091 ARTICLE XVII HOURS OF WORK AND WORK SCHEDULE Section 17.1 Basic Work Schedule 34 Section 17.2 Overtime 34 Section 17.3 Assignment of Overtime 35 Section 17.4 PRR 35 ARTICLE XVIII LIGHT DUTY 36 Section 18.1 Section 18.2 ARTICLE XIX WAGES 37 Section 19.1 Wage Rates 37 Section 19.2 Merit Increases 37 Section 19.3 Re-Opener ARTICLE XX UNIFORMS AND EQUIPMENT 38 Section 20.1 Uniforms.. . 38 Section 20.2 Initial Issue Section 20.3 Replacement 38 38 Section 20.4 Maintenance 9 42 Section 20.5 Changes ARTICLE XXI PROBATIONARY PERIOD 40 Section 21.1 Initial Probationary Period 40 Section 21.2 Promotional Probation 40 Section 21.3 Grievances ARTICLE XXII REDUCED ACTIVITY PERIOD 41 Section 22.1 41 Section 22.2 Activity 41 Section 22.3 Good Health Activities 41 Section 22.4 Emergencies ARTICLE XXIII CONTIINUOUS EMPLOYMENT 42 Section 23.1 Definition 42 Section 23.2 Benefits 42 Section 23.3 Loss of Continuous Service 43 Section 23.4 Personal Leave 43 Section 23.5 Layoff and Recall ARTICLE XXIV PERSONAL PROPERTY REPLACEMENT 44 ARTICLE XXV SAFETY, HEALTH AND PHYSICAL FITNESS 45 Section 25.1 General 45 Section 25.2 Equipment 40749.874 11 iii 0 B/25/99 11:17 a fm 005 • Section 25.3 Medical Examinations 46 Section 25.4 Cooperation 46 ARTICLE XXVI WORKING OUT OF CLASSIFICATION 48 Section 26.1 ARTICLE XXVII EDUCATION 49 ARTICLE XXVII DURATION 50 40149.8.24.11 iv 08/28/98 11'27 S ®002 ARTICLE I RECOGNITION AND INTENT Section 1.1: Parties. This Agreement (hereinafter "Agreement" "CBA" or "Contract") is entered into by and between the City of Ocoee (hereinafter, "Employer"), and the City of Ocoee Professional Firefighters Union, I.A.F.F. Local#3623 (hereinafter, "the Union"). Section 1.2:Recognition. The City hereby recognizes the Union as the exclusive bargaining representative for all regular paid employees in the unit certified by the Public Employees Relations Commission certification in Case No. RG-96-008. Section 1.3: Entire Agreement This Agreement which becomes effective October 1, 1999 constitutes the entire Agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by authorized representatives of both parties, and supersedes any and all previous agreements and understandings between the parties, either written or orally. Section 1.4: Effect of Laws and Ordinances. Nothing in this Agreement shall require either party to act in violation of any federal or state law or city ordinances and regulations, which shall take precedence when inconsistent with Agreement In the event that any of the provisions of this Agreement shall be held in violation of any federal or state law or city ordinances as applied to this specific Agreement, such determinations shall not in any way affect the remaining provisions of this Agreement, unless otherwise provided by law. Section 1.5: Purpose. It is contemplated that this Agreement will ensure that members of the bargaining unit will at all times be responsible to and make every effort to carry forward the legitimate activities and functions of the Department with alacrity and dispatch, and will accept and promptly execute all lawful orders and instructions given to them, and by defining the City obligations to the Union and members of the bargaining unit, thus avoiding disputes due to misunderstandings; as well as providing a procedure for resolution of any claims that this collective bargaining agreement has been violated. Section 1.6: Modifications. The employees covered by this Agreement are entitled only to those certain aspects of wages, hours or working conditions which are specifically covered by this Agreement. All aspects of wages, hours, or working conditions which were in effect prior to entering into this Agreement are not covered by this Agreement, may be continued or discontinued without consultation with the Union. Except as specifically altered by the terms of this Agreement, the Employer is not required to continue those voluntary aspects of wages, hours or working conditions not included in this Agreement, whether favorable or less favorable to the employees herein than provided by the terms of this Agreement. 40749 II 2 ARTICLE II DECLARATION OF PRINCIPALS Section 2.1: Union Activities. City employees shall have the right to be represented by an employee organization of their own choosing or to refrain from doing so in accordance with Florida Statutes Chapter 447. Section 2.2: Non-Discrimination. A. There shall be no illegal discrimination against any employee in examination, training, promotion, retention, or any other personnel action because of race, color, creed, sex, sexual status, religion, age, national origin, marital status, or legally recognized disability. B. Employees with a legally recognized disability who are otherwise qualified, will be provided reasonable accommodation as determined by the City to fulfill the essential functions of their job so long as such accommodation does not constitute an undue hardship to the City. 40749 11 3 ARTICLE III UNION SECURITY AND CHECKOFF Section 3.1: Dues. The Employer will deduct bi-weekly Union dues from the paychecks of those Unit employees who authorize such deduction in writing in the manner allowed by law. Deductions will begin the second pay period after the Employer receives such written authorization. No deduction shall be allowed for payment of initiation fees, assessment or fines. Section 3.2: Amount. The Union will notify the City Director of Human Resources (hereinafter "HRD") as to the amount of dues. This notice must state the biweekly amount in dollars and cents for each individual member. Such notification will be certified to the HRD in writing over the signature of an authorized officer of the Union at least thirty (30) calendar days in advance of the effective date of such change. The City shall charge the deduction as soon as practically consistent with its normal bookkeeping procedures, but no less than thirty (30) days after the change is certified to the HRD, so long as the certification is legally sufficient. Section 3.3: Remittance. The Employer will send in dues collected to the Union within seven (7) days after it is deducted from the member's pay. The Employer's remittance will be deemed correct unless the Union notifies the Employer within thirty (30) days of receipt that it is incorrect, setting forth the reasons it believes the remittance is incorrect. 40749 11 4 Section 3.4: Recourse. If there is an amount deducted in excess of what is authorized by the employee, _ the City will reimburse the employee provided a timely grievance is filed if the excess deduction was made as a result of a mistake by the City; otherwise, the employee shall have recourse only against the Union. Section 3.5: Minimum Pay. No deduction shall be made from the pay of any payroll period in which the employee's net earnings for that payroll period, after other authorized or legally required deductions, are less than the amount of dues to be checked off. Section 3.6: Withdrawal. Any member can stop payroll deduction by giving written notice to the Public Employer and the Union. The Employer shall stop the deductions thirty (30) days after receipt of written notice from the employee. Section 3.7: Indemnity. The Union will indemnify, defend, and hold the City harmless against any and all claims, demands, or suits or other forms of liability that shall arise out of, or by reason of action taken or not taken by the City on account of payroll deductions of Union dues. 40749 11 5 ARTICLE IV UNION BUSINESS Section 4.1: Representation and Notice. The Union shall be represented by its President. The Union shall notify the HRD in writing of the names of its President, as well as any designated substitute for the President to serve as the Union representative in the Presidents absence. The City is not required to deal with anyone as a representative of the Union except its President or, in her/her absence, his/her designee. The City will deal with only one (1) representative of the Union with respect to each matter or grievance raised. Section 4.2: Activities. The Union President, or his designee, shall carry out their activities in behalf of the Union, including investigating or settling grievances, after 5:00 p.m., except in cases of emergencies the Union President, or his/her designee, with prior permission from the Chief, or his designee, may engage in such activities prior to 5:00 p.m., so. long as there is no interference with the work activities of employees or the mission of the Department. When the Union President, or his/her designee, is engaging in such activities while on duty, there shall be no loss of pay. When the Union President, or his/her designee, is engaging in such activities when they are off duty, they shall not be entitled to pay. Section 4.3: Time. It is expected that the investigation and processing of grievances, by the Union President, or his/her designee, to the extent that the time of unit employees is required, will occur during the off-duty time of those involved. 40749_II 6 Section 4.4: Visitation. The Chief, or his/her designee, shall permit one authorized non-employee Business Agent of the Union reasonable access to the Fire Stations to handle grievances arising under this Agreement after 5:00 p.m., provided that such visits do not disrupt routine operations as determined by the Chief, or his/her designee. The Business Agent designed to have access to the Department shall first obtain the permission from the Chief, or his designee, which will normally be the ranking officer on duty at the station at the time, before coming into any working area, and may, at the option of the Chief, or his/her designee, be accompanied by a managerial employee in the event the Union agent needs to visit a particular area of a station. The Business Agent will not in any way interfere with the work of employees or the operations of the Department. If, during a visit, the Business Agent wishes to have a private conversation with an employee, the Chief, or his/her designee, will allow the same consistent with his/her determination of operational needs. If the Union Business Agent needs access prior to 5:00 p.m., he shall obtain permission from the Chief, or his/her designee, which permission will not be denied unreasonably. During aoy such visit, the Business Agent shall not interfere with the work or the operations of the Department. - Section 4.5: Solicitation and Distribution. Except as modified by this Agreement, the Union, its members, agents, representatives and all persons acting on its behalf, including the Employer's employees covered by this Agreement, are strictly prohibited by law and this Agreement from soliciting any of the Employer's employees, for Union purposes, during the work time of any employee involved, and from distributing Union literature in any work area at 40749 11 7 any time. It is understood and agreed that any employee who violates either of these prohibitions is subject to discipline. ("Work time" is any time, exclusive of breaks or mealtime during the hours of a shift.) Section 4.6: Time-Off Without Loss of Pay. With respect to disciplinary proceedings under the City Personnel Rules and Regulations (hereinafter "PRR"), bargaining unit employees who participate in such proceeding, including an employee representative of the employee, if any, shall be treated the same as all other City employees with respect to time off and pay. With respect to contract negotiations between the Union and the City Manager, the Union President shall not lose any pay for the work hours spent participating in such contract negotiations. Section 4.7: Bulletin Boards. The Employer agrees to set aside space for a bulletin board (not to exceed 30" by 24") to be provided by the Union for its use in informing its membership as to Union business at each station. It is however, agreed and understood that materials to be posted will be submitted to the Chief for review beforehand, and that materials which are derogatory, abrasive, abusive, or critical about any person, or City policy, practice, employees or officials are intemperate in language and/or are not related to legitimate Union business, or which are factually inaccurate, will not be approved and if posted without advance approval of the Chief. The bulletin board may not be used for any political purpose or to support or oppose any political candidate or issue; provided however, it may be used for internal elections held by the Union among its membership. 40749_11 8 ARTICLE V MANAGEMENT RIGHTS Section 5.1: Functions of Management. It is the function of management to determine and direct the policies, mode and method of providing its services without any interference in the management and conduct of the City's operations on the part of the Union or any of its representatives. Section 5.2: Operations and Direction of Work Force. The City shall continue to exercise the exclusive right to take any action it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, powers and authority customarily exercised by management, and functions which the City has not expressly modified or delegated by express provisions of this Agreement. Section 5.3: Examples of Management Rights. The Union and the employees covered under this Agreement recognize and agree that the City has the sole and exclusive right except as specifically provided for in this Agreement, to manage and direct any and all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the sole and exclusive right to: 1) Exercise complete and unhampered control to manage, direct and totally supervise all employees of the City. 2) Take whatever action may be necessary to carry out the mission and responsibility of the City in unusual and/or emergency situations. 3) Schedule and assign work, including overtime, to employees and determine the size and composition of the work force. 40749_I i 9 4) Determine the services to be provided to the public, and the maintenance procedure, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities, and equipment. 5) Hire and/or otherwise determine the criteria and standards of selection for employment. 6) Promote and/or otherwise establish the criteria and/or procedure for promotions, and to determine the number, grade, and types of positions, in arty pay plan which is or may be developed by the City. 7) Fire, demote, suspend or otherwise discipline. 8) Set procedures and standards to evaluate City employee's job performance and to evaluate them. 9) Layoff and/or relieve employees from duty due to budgetary constraints, or other operational reason. 10) Rehire employees. 11) Maintain the efficiency of the operations of all departments of the City. 12) Determine the allocation and content of job classifications and determine all training parameters for all City positions, including persons to be trained and extent and frequency of training. 13) Formulate, amend, revise and implement policy, rules land regulations, and require employees to observe and obey the City's policies, rules and regulations. 14) Determine the number, location and operation of all departments and divisions thereof. 15) Institute any bonus or work incentive plan. 16) Control the use of equipment and property of the City. 40749_11 10 17) To determine whether all of any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase operations. 18) To determine the starting and quitting time and the number of hours to be worked. 19)To increase or decrease the number of jobs or employees. 20) To change materials, processes, products, service, equipment, production, shifts and work schedules, and methods of operation. 21) To assign work and equipment. 22) To assign or reassign shifts, create or abolish shifts, and rotate shifts. 23) To determine and change standards of fitness of employees to perform work. 24) To contract and/or subcontract any existing or future work when good business judgment makes such action advisable. 25)To transfer employees from job to job, either on a permanent or temporary basis. 26)To determine job content. 27)To establish the standards of conduct and work of employees. 28)To determine the qualifications of employees; and to have complete authority to exercise those rights and powers incidental thereto, including the right to alter or vary past practices as the City may determine to be necessary for the orderly and efficient operations of the City; provided, such changes do not alter the specific provisions of this Agreement. Section 5.4: Restrictions Under this Agreement. The City reserves and retains fully and completely any and all management rights, prerogatives and privileges except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement. 40149_1I 1 Section 5.5: Waiver. The City's failure to exercise any function or right hereby reserved to it, or its ". exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. Section 5.6: Emergencies. If, in the sole discretion of the City Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the City Manager during the time of the declared emergency, except for monetary provisions. Section 5.7: Job Duties. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described and employees, at the discretion of management, may be required to perform other duties not specifically contained in their job description. 40749_11 12 ARTICLE VI GRIEVANCE AND ARBITRATION Section 6.1: Grievance. A grievance is defined as a difference between the City and any employee or the Union involving an alleged violation or misapplication of a specific provision of this Agreement. The definition of a grievance shall be strictly construed and no other matter shall be subject to resolution under this Article without the written agreement of the City and the Union. When an Article or Section in this contract references or incorporates the City Personnel Rules and Regulations (PRR) a claimed violation, misapplication or misinterpretation of the PRR shall not be subject to this Article but may be grieved under Section 16 of the PRR. Section 6.2: Grievance Procedure. Whenever a grievance arises between the City and the employees or the Union, the matter will be handled in accordance with the following procedure. Step 1: Within seven (7) calendar days after the act or occurrence which gives rise to the grievance, or the employee knew or should have known of such act or occurrence, whichever first occurs, the employee shall meet to discuss the grievance with the employee's immediate supervisor in an attempt to resolve same. Step 2: If the grievance is not settled in Step 1 above, the grievance must be reduced to writing and signed by the employee and presented to the Chief, or his/her designee, within ten (10) calendar days of the act or occurrence which gives rise to the grievance, or when the employee knew or should have known of 40749_II 13 such act or occurrence, whichever first occurs, regardless of whether the meeting in Step 1 was held. The written grievance must include: a. A statement of grievance and a summary of the facts on which the grievance is based. b. The remedy requested. c. The Article and Section of the agreement which grievant claims has been violated. d. A statement of the facts which are claimed to constitute a violation of the Agreement. Within ten (10) calendar days of presentation of the written, signed grievance, the Chief, or his/her designee, and the Union President, and his/her designee, shall meet and/or discuss the grievance. The Chief, or his/her designee, will respond in writing within ten (10) calendar days of the meeting and/or discussion. Step 3: If the grievance is not settled in Step 2 above, within ten (10) calendar days of receipt of the Chiefs response in Step 2, the Union shall notify the City in writing of its appeal of the grievance to Step 3. Within ten (10) calendar days of delivery of the written notice of appeal to Step 3, the City Manager, or his/her designee, shall meet and/or discuss the grievance with the Union Business Agent and/or the Union President. The City Manager shall respond in writing within ten (10) calendar days after the meeting or discussion. The City Manager can extend the time limits for the meeting and decision in this Step. Failure of the parties to meet to discuss the grievance within the time provided in Steps 1, 2, and 3 of the grievance procedure or failure of the City to respond at any step shall be deemed a denial of the grievance and require the Union to proceed to the next 40749_II 14 step within the time limits just as if the City had denied the grievance in writing on the last day an answer was due. Failure of the City to respond or to explain its response at any step shall not in any way restrict the City's rights to raise any issue or present any evidence it deems appropriate in support of its position in any subsequent arbitration or other administrative or judicial proceeding. The employee grievant shall be entitled to be present at any meeting held under Step 2 or Step 3. Section 6.3: Arbitration. Except as otherwise provided, any signed, written, arbitrable grievance which is not settled pursuant to Section 6.2 of this Article, may be submitted to binding arbitration. Arbitration proceedings must be initiated by the serving of a written request for arbitration by the Union within ten (10) calendar days after receipt of the City Manager's response under Step 3 of Section 6.2, or the last day for such a response, whichever first occurs. The submission to the arbitrator shall be based exclusively on the written grievance as submitted in Steps 1, 2 and 3 of the grievance procedure and shall include a copy of this Agreement. Section 6.4: Selection and Cost of Arbitrator. As soon after the request for arbitration is served as is conveniently possible, the parties shall meet or confer by telephone in order to select an arbitrator to hear and decide the grievance. If the parties are unable to agree to an arbitrator, the matter will be referred to the arbitrator as provided in Section 6.9. Subject to Section 6.5, the arbitrator selected shall decide the dispute and such decision shall be final and binding on the parties and the employees. The expenses of the arbitrator shall be borne by the loser; and, each party shall be responsible for its own attorneys' fees, any court 40749 11 15 reporting services it wishes to use, and the wages of employees, whether they be witnesses, potential witnesses, representatives, or grievant, it utilizes in any arbitration . proceeding. Section 6.5: Authority of Arbitrator. The jurisdiction of the arbitrator is limited and confined to determining whether there has been a violation of the express terms of this Agreement. The arbitrator shall in no way alter, amend, or modify the terms of this Agreement. The arbitrator shall not award any monetary relief to any employee who has not filed and processed a grievance signed by the employee and filed and processed in a timely manner. In the event the City should voluntarily agree to arbitrate an employee disciplinary grievance filed under the City PRR Grievance Procedure, the Arbitrator shall not substitute his/her judgment for that of management as to the penalty imposed, shall require the employee to prove by clear and convincing evidence that he/she did not engage in the conduct for which he/she was disciplined and in the event of a back pay award shall reduce the award by all periods when the employee was unavailable or unable to work, periods when the employee did not make all reasonable efforts-to obtain other employment, all worker's compensation and/or unemployment compensation received and all earnings from whatever source received during the period. Section 6.6: Time Limits. The time limits set forth in Sections 6.2 and 6.3 are to be considered of the essence of the grievance and arbitration procedure and failure of the employee or the Union to meet any time limit set forth therein shall be irrebuttable and conclusively deemed to constitute waiver of the grievance and acceptance of the City's position. The 40749_11 16 time limits in Sections 6.2 and 6.3 may be extended in writing by mutual consent of the parties. Section 6.7: Burden of Proof. The party referring the matter to arbitration shall have the burden of proving a violation of the contract by clear and convincing evidence. Section 6.8: Precedent. In order to encourage prompt resolution of grievances, agreements and compromises of grievances made under Sections 6.2 and 6.3 shall not be cited by either party as precedent in any subsequent arbitration proceeding without the consent of the other party. Section 6.9: Arbitrators. A. Within ten (10) business days from receipt of such notice, the parties shall jointly request a list of nine (9) qualified arbitrators from the Federal Mediation and Conciliation Service. The Union and the City will alternately eliminate one at a time from said list of names of persons not acceptable until only one remains, and this person will be the arbitrator. The City and the Union will alternate in the right to first strike names in successive arbitrations. B. As promptly as possible after the arbitrator has been selected, he should conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the employee or employees aggrieved, the City and the Union in writing. It shall be the obligation of the arbitrator to make his best effort to rule within twenty-one (21) 40749_I 1 17 08/20/99 11:27 C 003 business days after the hearing. The expense of the arbitration, including fees and expenses of the arbitrator, shall be paid by the losing party. Each party shall be exclusively responsible for compensating its own representatives and witnesses. Section 6.10: Grievances by Non-Union Member. When the Union refuses to process a grievance for an employee because of the employee's non-membership in the Union, the employee shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance unless the law requires otherwise, in which event, the employee shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations, of the Union under this Article and any other Article that may apply to his/her grievance. Section 6.11: General. A. There shall be no class grievances and each grievance shall be arbitrated in a separate proceeding unless the parties mutually agree otherwise. B. The filing of a grievance shall in no way interfere with the right of the City to proceed to carry out its management responsibilities, subject to the final resolution of the grievance..4The employee and the Union shall abide by the management decision involved in any grievance prior to and during the time the grievance has been filed and being finally resolved. Section 6.12: Time OftWay. Step 1 of the grievance procedure shall be carried out during the employee's work hours at a time and place designated by the Chief based on operational needs. and the employee shall lose no pay. The City shall determine when Steps 2. 3 and 4 ao749 a 18 08/26/99 11:28 42 Z004 shall be processed, and if the Step or Steps are processed during their scheduled working hours, neither the employee, Union President nor the grievant shall lose pay. Employee witnesses, other than grievant, whom the City Manager may at his option choose to interview under shall lose no pay if interviewed during their working hours, and if interviewed after or before such hours, shall be paid for such time as if they were performing other work for the City. Otherwise, the City shall not be responsible to pay any employee representative, officer or agent of the Union for any time spent processing grievance matters, but will allow one such person plus the grievant per grievance reasonable time off without pay for said activities upon reasonable prior notice if in managements opinion work requirements will allow such absence. ♦PN9 lu 19 ARTICLE VII PROMOTION Section 7.1: Promotion Eligibility List and Promotion. A. This Article is promulgated to establish procedures to be followed in the selection of departmental personnel for promotion to the ranks of Lieutenant and Engineer. All Lieutenant examinations will be given on even numbered years and all Engineer exams will be given on odd numbered years. The lists for each position will be established for the two-year period, or if the list is exhausted, new examinations will be given earlier as determined by the Chief. Only employees whose last two (2) annual job performance evaluations were "above operational" or better and whom the Chief determines meet the minimum qualifications in the job description for the position, will be eligible to take the test and they must have combat experience as provided below: Engineer— Two years of which one must be with the Ocoee Fire Department. Combat Lieutenant — Four years of which two must be with the Ocoee Fire Department. Combat means work on shift. Further, to be considered for Combat Lieutenant, the employee must be on the engineer eligibility list. The Chief will publish the minimum qualifications as set -forth in the job description and of the study references on the City bulletin board at each station not less than ninety (90) days in advance of the examinations. B. The Chief shall recommend the contents of the test and the minimum passing score for each position to the City Manager, who shall consider the Chiefs recommendation and determine same. C. The promotional eligibility list will be comprised of the candidates who have the minimum passing test score. 40749_11 20 D. Among employees on the promotional eligibility list for a particular position, subject to paragraph E below, selection will be made based on the eligible .. employee with the highest number of points as follows: 1. The score on the tests — actual tests scores. 2. The average total points for annual average JPRs job performance evaluations as an employee of the City based on the overall evaluation. (Superior Operational — 5 points) (Above Operational — 4 points) (Operational — 3 points) (Below Operational — 0 points) (Unfit --1 points) 3. One point for each full year of continuous service in the position immediately below the one in which the vacancy exists. (-1 x years) 4. One-half point for each full year of continuous service as a City Employee. (- 1/2 x years) TOTAL SCORE In the event of a tie, the employee with the most years, months and days of continuous service with the City shall be awarded the j.ob. E. If the vacancy is not filled as provided above, the Chief may fill the vacancy as he deems fit provided he may not fill the position with a non-employee who does not take and pass the same test as given all eligible employees who apply to take the test. Section 7.2: Application of City PRR. City Personnel Rules and Regulations Sections 6.03 A, B, E, F and G shall not apply to promotions covered by Section 7.1 above. 40749 n 21 ARTICLE VIII VOTING Employees who are on duty on an election day, will be allowed to take time off without loss of pay to vote on City Property or at other polling places within the City. The time they take off to vote will be determined by the Chief. All other employees shall vote on their own time — by absentee ballot or as otherwise permitted by law; provided, if an employee who is not scheduled to work on an election day whose voting precinct is not in the City of Ocoee is called into work so that he/she cannot vote on his/her own time, the Chief shall make operational arrangements for the employee to vote without loss of pay. 40749_11 22 ARTICLE IX SPECIAL MEETINGS The City and the Union shall meet and confer on matters of mutual interest upon the request of either but not more often than once a quarter, unless both parties agree to meet more often. Such special meetings shall be held on a date and at a time and place mutually agreeable to the parties. The Union shall have the right, at these special meetings, to recommend to the Management, corrections of any inequities known to the Union; however, the City shall not be obliged to take any action based on such recommendations. Meetings held under this Section shall not be considered collective bargaining under the Public Employees Relations Act. 40749_II 23 ARTICLE X NON-BARGAINING UNIT EMPLOYEES The City may use non-bargaining unit employees to perform nonemergency work when the City determines it is operationally efficient to do so and emergency work so long as qualified employees are utilized for emergency work. 40749_n 24 ARTICLE XI INSURANCE During the life of this Agreement, the City shall provide the same health, medical, and dental insurance under the same terms and conditions for bargaining unit employees and their dependants that it provides for the City's non-bargaining unit, non- exempt employees and their dependents. arose ii 25 ARTICLE XII STRIKES The Union and bargaining unit members shall not promote, sponsor, engage in, or condone any work stoppage, boycott, slow-down, strike, disruption of City operations, picketing or other withholding of limitation of services for any reasons and shall abide with F.S. §447.505. 40749_II 26 ARTICLE XIII SHIFT SWAPS Section 13.1. Application: Shift swaps shall be submitted forty-eight (48) hours prior to the shift swap sought and must be approved in advance by the Chief, or his/her designee. Section 13.2. Payback: All pay back will be within twenty-eight (28) days of the shift swap. Section 13.3. Authorization: The appropriate form must be completed and signed by each employee and their respective supervisor before the shift swap can be made. Section 13.4. Emergencies: The only exception to the Section 13.1 Application, will be in the case of an emergency. Section 13.5. Increments: Shift swaps will not be approved in increments of less than a full twenty-four (24) hour shift unless, in his discretion, the Chief, or his designate, agrees otherwise. Section 13.6. Qualifications: Employees must shift swap with employees in the same classification or an employee qualified to work in that classification. Note: The form will be part of the SOP. 40749_11 27 ARTICLE XIV: HOLIDAYS Section 14.1: Days Observed. A. When a holiday falls on Saturday or Sunday, the Friday preceding or Monday following shall be designated a substitute holiday and observed as the official holiday. B. The observed holidays are: January 1 New Year's Day January —Third Monday Martin Luther King, Jr. Day May— Last Monday Memorial Day July 4 Independence Day September— First Monday Labor Day November— Fourth Thursday Thanksgiving Day November— Fourth Friday Day After Thanksgiving December Day before or After Christmas Day, as determined by City Commission December 25 Christmas Day One (1) Shift personal leave for Fire Department Section 7(k) Schedule Employees per fiscal year. C. The City Manager will determine which departments or operations will be closed in observance of the holiday Section 14.2: Eligibility for Holiday Pay. A. All holiday earned must be taken as time off or paid on the same day that it is earned. B. An employee must be on an approved leave for or work the normal schedule of hours, on the regularly scheduled working day immediately prior to and immediately following a holiday, in order to qualify for the holiday time or pay. Absences not approved in advance, including sick call in" may not be approved depending on whether the employee" 40749_11 28 excuse and verification of the reason for the absence are acceptable to management, which, may at its option, require a doctor's excuse as well as any other evidence it deems necessary. C. Holiday Pay. 1. Full-time non-exempt employees, on a 24/48 schedule in the Fire Department shall be twelve (12) hours at their straight time hourly rate. 2. Part-time employees who are assigned a regular schedule of more than three (3) 24/48 hour shifts but less than seven (7) in the [twenty-one (21) day work period], shall receive six (6) hours at their regular hourly rate provided they meet the requirements of Section 14.2(B) above. These employees shall not be afforded the one (1) shift personal holiday referred to in Section 14.1(B) above. D. When a non-exempt employee on a 24/48 hour schedule within the Fire Department works on a scheduled holiday, the employee shall receive holiday pay, if he/she meets the eligibility requirements, plus time and one half (1 1/2) his/her straight time rate.E. When an employee is scheduled to work on a holiday but fails to do so, the employee will not receive holiday pay even if the employee is otherwise eligible for holiday pay. F. The one (1) shift personal Holiday is to allow the employee a nondesignated holiday for personal use which shall be scheduled as far in advance as possible, but not less than one (1) shift in advance unless the reason for the one (1) shift personal holiday was unknown and is an 40749 11 29 emergency. The City retains the right to approve or deny an employee's request for the one (1) shift personal holiday consistent with the City's operational needs. G. The one (1) shift personal Holidays shall not be accrued or taken in hourly increments. H. The one (1) shift personal Holidays must be used within the fiscal year. Employees failing to use their one (1) shift Holiday within the year will forfeit same. 40749_11 30 ARTICLE XV PERSONAL LEAVE Section 15.1: Eligibility. A. Only full-time employees will be allowed to accrue paid personal leave. B. Full-time employees shall earn leave during their initial probationary period but shall not be permitted to take same during the initial six (6) months of employment unless authorized by the City Manager. Personal leave not taken by a full-time employee who does not successfully complete the initial probationary period shall be paid upon termination of employment. Section 15.2: Accrual of Leave. A. Full-time employees earn personal leave as follows: One through five years of service - 6.78 hours bi-weekly (176.28 hours per year) Six through fifteen years of service - 8.31 hours bi-weekly (216.06 hours per year) Sixteen years + - 9.85 hours bi-weekly (256.10 hours per year) B. A full-time employee can accrue up to 360 hours of personal leave. In all cases, employees must take a minimum of 80 hours personal leave combined (sick and vacation) each fiscal year. To the extent the employee did not take 80 hours personal leave combined (sick and vacation), up to 80 hours will be automatically deducted from the employee's personal leave bank on September 30 each year unless the employee was absent during the fiscal year, thirty (30) or more days for verified sickness or injury. 40749_11 31 C. All personal leave over 360 hours on September 30 shall be reimbursed to the employee in the first pay period in December of each calendar year. D. An employee who does not use any personal leave within his/her year of service for sick leave, shall receive two (2) additional personal leave days to be added to his/her personal leave accrual. Section 15.3: Charging Leave. Personal leave time for employees in the Fire Department on a Section 7(k) schedule will be charged at 66.67% of the time taken off from the employee's shift. Section 15.4: PRR. The other rules and conditions with respect to personal leave are as set forth in the PRR. 40749_11 32 ARTICLE XVI USE OF PERSONAL VEHICLES When employees are required by management to use their own vehicles for City business, including transferring to a station other than the one to which the one they were assigned to report, they shall be entitled to be paid mileage under the same terms and conditions as other City employees, as provided in Section 10 of the PRR. 40749_11 33 ARTICLE XVII HOURS OF WORK AND WORK SCHEDULE Section 17.1: Basic Work Schedule. A. The basic work schedule shall be twenty-four (24) hour shifts on and forty- eight (48) hours off with a starting time of 7:00 a.m. and the regular work period shall be one hundred fifty nine (159) hours in a twenty-one (21) day period for employees on a Section 7(k) schedule. The City agrees not to change the starting or ending time for the regular work schedule, except, in the case of a temporary emergency, without notice to the Union and upon a requestion for negotiations. Absent mutual agreement, any dispute arising under this Section will be resolved under the Ha. Stat. 447, impasse resolution process. B. Lunch Periods are scheduled at the discretion of the Chief, or the Chief designee. Section 17.2: Overtime. A. Non-exempt employees are to report all hours worked. Non-exempt employees should not begin work before the beginning of their schedule or after the end of their schedule without permission; however, if they do perform work before or beyond their schedule, they are to report it as hours worked on their time sheet or record. Overtime will be authorized or directed only when it is in the interest of the City and is the most practicable and economical way of meeting workloads or deadlines. B. All non-exempt hourly employees, except employees on a Section 7(k) schedule in the Fire Department, shall be paid time and one-half their 40749_n 34 regular hourly rate of pay for all hours in excess of forty (40) in a work week. C. Non-exempt employees in the Fire Department will receive overtime pay in accordance with the Fair Labor Standards Act for all hours worked in excess of one hundred fifty-nine (159) hours in a twenty-one (21) day work cycle. D. For the purposes of overtime computation, sick leave, jury duty, annual military leave and other absences from duty, whether paid or not, shall not be considered as time worked, provided, however, paid holidays and paid personal leave used for a scheduled vacation shall be considered for employees on a Section 7(k) schedule as up to sixteen (16) hours worked. E. Employees shall be required to work overtime when assigned unless excused by supervision. An employee desiring to be excused from overtime work assignments for good and sufficient reasons shall submit a request to the immediate supervisor. Section 17.3: Assignment of Overtime. Overtime will be assigned in accordance with Departmental SOPs. Section 17.4: PRR. Other policies and guidelines with respect to hours of work and overtime are as set forth in the PRR. 40749_I 1 35 ARTICLE XVIII LIGHT DUTY Section 18.1. Light Duty shall be handled in accordance with the City PRR, provided, if the City assigns an employee light duty in a position not on a 24/48 schedule, the employee will be paid one and four tenths (1.4) times the employee's regular hourly rate but only for hours actually worked; provided, however, unless otherwise required by law, the total earned or received from all sources, including STD, LTD, personal leave and worker's compensation, will not be more than the employee's regular pay for the normal 56 hour workweek, and to the extent necessary to effectuate said limitation, the benefits referred to above shall be reduced. Section 18.2. Light duty shall be performed within the Ocoee Fire Department if the Chief determines it is available. If the Chief determines it is not available, light duty shall be performed wherever assigned by the City. 40749_11 36 09/07/99 12:34 TY Z003 ARTICLE XIX WAGES Section 19.1: Wage Rates. The wage rates for bargaining unit employees effective October 1, 1999 shall be increased by five percent (5%) and they shall also receive a cost of living adjustment of two percent (2%). Section 19.2 Merit Increases. Bargaining unit employees shall be eligible for up to a four percent (4%) wage increase effective on their anniversary date, provided the employee evaluation is "above operational" or better; provided, a merit increase will not take an employee's rate above the maximum provided for his/her pay grade in Appendix 'A". Section 19.3 Re-Opener. Either party may re-open this Article XIX with written notice delivered to the other on or before July 1, 2000. In the event of said re-opening, the remainder of this contract shall remain in full force and effect as provided in Article XXVIII — Duration; and in the event the parties do not reach agreement with respect to this Article XIX, it shall be resolved pursuant to the impasse resolution procedure provided in F.S. Chapter 447. 40149 t«2) 37 09/07/99 12:34 t _ ___. _ ®004__ 9-07-1999 9:2dAM FROM CITY OF OCOEE 4076568504 P. 1 1 1 1 CITY OF OCOEE, 112 HEIR HI-WEEKLY, SALARY SCHEDULE FIS YEAR 99-00 PIREPI ETERS/ENGINEERS Arpendix "A' PAY GRADE tINIMDM MAXYMUM Firef+hter Grade 10 1 10 18.9106 13 .3576 1997.99 1,496.05 25;947.74 38, 897.30 Engigeer Grade 12 12 19 .6235 14.7269 1;.100.28 1.649 .41 281607.28 42,884 .66 • • I 1 ARTICLE XX UNIFORMS AND EQUIPMENT Section 20.1: Uniforms. Employees shall wear uniforms as determined by the Chief. When a uniform is required, no other clothing except underwear shall be worn without permission of the Chief. Section 20.2: Initial Issue. New employees will be issued the following clothing to be selected by the Chief. 1 Pair of boots 2 Blue Dress shirts, short sleeve 2 Blue Dress Shirts, long sleeve 1 Tie 3 Pants 6 T-shirts 2 Pairs of Gym Shorts 2 Pairs of Sweat Pants 1 Pair of Uniform Shoes/Boots 1 Badge 2 Sets of Collar Brass 2 Name Tags 2 Time-of-Service Tags 1 Rain Coat 1 Winter Coat 1 Belt 1 Set of approved Bunker Gear Section 20.3: Replacement. Except for boots, one pair of which will be provided to each employee in November of each year by the City, the City will replace the items in Section 20.2 above when needed based on normal wear and tear at no cost to the employee. However, the employee shall be responsible to replace same when lost or damaged due to the employee's negligence. ama9 ri 38 Section 20.4: Maintenance. Employee shall be responsible for repair and maintenance of the Uniform and all items issued to them for their use by the City, and shall come to work in clean, neat and undamaged cloths, including undamaged uniforms and other cloths. Section 20.5: Changes. The City shall establish and may from time to time unilaterally change the procedures and arrangements for furnishing shoes at its discretion. The Chief may also eliminate or substitute other similar items for those set forth in Section 20.2 above (for example, embroidered instead of a metal badge). The Union and the employees agree to abide by such procedures and arrangements established by the City. 40749_I1 39 ARTICLE XXI PROBATIONARY PERIOD Section 21.1 Initial Probationary Period. The initial probationary period for new employees, accumulation of benefits, continuous service credit, participation in benefits, disciplinary actions and continued employment for bargaining unit employees shall be the same as for all other nonexempt City employees, unless otherwise specifically provided in this Article. Section 21.2: Promotional Probation. Employees promoted to a higher rank shall serve the same probationary period under the same conditions as other nonexempt City employees. Section 21.3: Grievances. Unless specifically provided in this Agreement, employees who have not successfully completed their initial probationary period under Section 21.1 shall not have access to Article VI. 40749_II 40 ARTICLE XXII REDUCED ACTIVITY PERIOD Section 22.1: Subject to operational needs, there shall be a period of reduced activity on each shift which should normally run from 1700 to 0700. Section 22.2 Activity: During the reduced activity period, on-duty employees shall be in Class A, B or C uniform and be ready to respond immediately to calls in the uniform determined by SOP or the shift commander. After 1700, the on-duty crew shall complete the station duties for the day not yet completed before the reduced activity period, as well as other duties which the Chief, or his/her designee, determines are necessary to be completed before the end of the shift. Section 22.3 Good Health Activities. Unless assigned to other duties during the reduced activity period, each employee shah engage in a minimum of one (1) hour each shift in walking, running, jogging or other approved activities. Such activities shall be conducted at the station or at a location designated by the Chief, or his/her designee, so the employee will be immediately available for duty during such activity. Section 22.4 Emergencies. Hurricanes, riots, floods or emergencies that demand extended tours of duty or recall duty will permit use of beds at the discretion of the shift commander. Section 22.5 Contact Sports. There shall be no contact sports while on duty at anytime, including but not limited to basketball, football or soccer unless specifically approved by the Chief, or his/her designee. 40749_II 41 ARTICLE XXIII CONTINUOUS EMPLOYMENT. Section 23.1. Definition. Continuous employment shall be both on a City-wide ("CCE") and as a member of the Ocoee Fire Department ("FDCE") and shall commence from the employee's initial date of hire with the City and as a member of the Ocoee Fire Department, respectively. It shall continue until broken as provided in Section 23.3 below. When two or more employees start work in the Ocoee Fire Department on the same day, their FDCE shall be based on their position on the new hire eligibility list. Section 23.2 Benefits. The earning or accrual of benefits shall be based on the CCE as provided in the City PRR unless a particular benefit, benefit plan or this grievance specifically provides otherwise. Section 23.3. Loss of Continuous Service. CCE and FDCE shall be loss upon the happening of one or more of the following events: A. Resignation. B. Termination in accordance with the City PRR. C. Retirement. D. Receiving an authorized leave of absence. E. Lay-off for more than six (6) continuous months. In addition, FDCE will also be lost if an employee is promoted or is transferred to a position outside the Ocoee Fire Department, but if into another position within the Orlando Fire Department, the FDCE shall continue to accrue. 40749_11 42 Section 23.4 Personal Leave. When one (1) or more bargaining unit employees seeks to use personal leave for vacation under the City PRR, the employee with the most FDCE will be given preference unless the Chief, or his designee, determines such a preference in a particular instance will interfere with Departmental operations. Section 23.5 Layoff and Recall. Layoff and recall shall be in accordance with the City PRR. 40749_11 43 ARTICLE XXIV PERSONAL PROPERTY REPLACEMENT The City agrees to reimburse employees the cost of replacing or repairing prescription eyeglasses but not contact lenses and wristwatches lost, destroyed or damaged in the line of duty unless caused by the negligence of the employee subject to the following conditions: 1. The maximum reimbursement for prescription eyeglasses shall be $150.00, and for wristwatches shall be $30.00. 2. The employee must make the claim during the shift on which the loss, destruction or damage occurred, and turn in the destroyed or damaged item. At its option, the City may elect to replace the item rather than reimburse the employee for same. 40749_11 44 ARTICLE XXV SAFETY, HEALTH AND PHYSICAL FITNESS Section 25.1 General. As part of its commitment to the safety, health and physical fitness of its employees, to provide a safe place for its employees to work, and to promote physical fitness for its employees, the City and the Union will cooperate in the continuing objective of eliminating accidents and health hazards. The City and the Union will cooperate in the enforcement of safety rules and regulations and shall promote sound safety practices for the protection of employees. The City further agrees to promote physical fitness by providing time, equipment and educational material, as it deems appropriate. Section 25.2 Equipment. All protective devices, bunker gear and other equipment required to be worn or used by the City, shall be provided by the City. Such protective devices, bunker gear and equipment when provided, must be used. The Union agrees that neglect or failure by an employee to obey safety regulations or to use or maintain the safety equipment furnished by the City shall be basis for disciplinary action up to and including termination. The fire station, all equipment and apparatus shall be maintained by employees in a manner that will promote the elimination of accidents and make the workplace safer and less likely to cause injuries. All employees are to report any and all unsafe conditions to the Fire Chief whenever found, immediately. 40749_11 45 The Union may consult with the City's safety representative and make recommendations in safety matters Section 25.3 Medical Examinations. Medical and mental examinations required by the City will be paid for by the City performed by a doctor selected and scheduled by the City. Scheduling of said examination will be during on duty hours at a time at the discretion of the City, and the results will become a part of the employee's permanent health record. Such physicals may include: 1. Medical History 2. Urine Multistix Test 3. Blood Chemical Profile (SMAC-24 Blood Test) 4. Weight and Height Recorded 5. Vision Screening 6. Blood Pressure and Pulse 7. Radiometric Testing 8. Pulmonary Function Test 9. Elector Cardiogram 10. Chest X-ray 11. Physical Exam 12. Stress EKG Refusal to take a medical or mental examination-when required will result in disciplinary action up to and including termination of employment. Section 25.4 Cooperation. When an employee has a health-related problem that affects or may affect his or her ability to perform the essential functions of his or her job, the employee shall so advise the Chief for evaluation. An employee who has had medical treatment prescribed in order to resolve an actual or potential medical problem that affects or may affect the employee's ability to perform his/her job who fails or refuses to follow the 40749_1 46 medical treatment prescribed shall be subject to disciplinary action up to and including termination. 4m4 11 47 ARTICLE XXVI WORKING OUT OF CLASSIFICATION Section 26.1. Bargaining unit employees who work out of classification shall be paid under the same policy as applicable to all other nonexempt employees of the City who work out of their classification, provided when they work in a higher classification they will be paid higher rate as provided in the PRR after three (3) consecutive shifts retroactive to the beginning of the assignment. 40749_I1 48 ARTICLE XXVII EDUCATION The current City of Ocoee educational policy, as written in the current PRR, Section 15.11, Educational Incentive Program, shall remain in effect during the term of this Agreement. 40749_I I 49 ARTICLE XXVIII DURATION This contract shall remain in full force and effect through midnight September 30, • 2001, and shall automatically renew itself for periods of one (1) year unless either party delivers to the other written notice of its intent to terminate or modify this contract not less than ninety (90) calendar days before September 30, 2001 , or not less than ninety (90) calendar days prior to September 30 in any year of an automatic extension under this Article. International Association of Fire Ellis Shapiro, City Manager Fighters, Local 3623 By: Joe Moy, President Date: Date: Name Name Date: Date: Name Name _ Date: Date: Name Name Date: Date: 40749 a 50 RATIFICATION This collective bargaining agreement was ratified by the parties on the dates set forth below: Date Ratified: Date Ratified: By: Joe Moy, President By: City Clerk International Association of Fire City of Ocoee Fighters, Local 3623 40749_II 51