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HomeMy WebLinkAboutItem 02 Approval of Ratification of the Ocoee Professional Firefighters Union, I.A.F.F. Local 3623 Collective Bargaining Agreements with the CityMeeting Date: September 19, 2023 Item #: 2 Contact Name: Craig Shadrix Department Director: Craig Shadrix Contact Number: Ext. 6434 City Manager: Robert Frank Subject: Approval of Ratification of the Ocoee Professional Firefighters Union, I.A.F.F. Local 3623 Collective Bargaining Agreements with the City. (Assistant City Manager Shadrix) Background Summary: The Ocoee Professional Firefighters Union, I.A.F.F. Local 3623 and the City have reached a tentative agreement on the Collective Bargaining Agreement covering Fiscal Year 23-24. This agreement, which covers Firefighters, Engineers, and Fire Lieutenants, must be ratified by both the fire -rescue bargaining unit employees and the City Commission to be effective. The fire -rescue bargaining unit employees have voted to ratify the Collective Bargaining Agreement. The City Commission is being requested to ratify the Collective Bargaining Agreement as well. Issue: The City Commission is required to vote on whether to ratify the Collective Bargaining Agreement that was ratified by the fire -rescue bargaining unit employees. The Commission is prohibited from amending any of the terms of the Collective Bargaining Agreement. Recommendations: It is the recommendation of staff that the Honorable Mayor and City Commissioners vote to ratify and approve the Collective Bargaining Agreement. Attachments: 1. Final Draft Contract 2023-2026 Financial Impacts: The contract provides for an industry -based competitive adjustment for the first year, whereby each member was placed on a matrix based on time in grade and overall, to address compression and discrepancies within and among subgroups of members. Therefore, the first -year wage increases vary percentage -wise. Unit members will receive a flat 3% increase for years 2 and 3 of the contract. Additionally, the contract provides for a career progression program that incentivizes education and training, as well as an increase of the paramedic incentive increase to $10,000 for years 2 and 3 of the contract. These fiscal impacts are accounted for in the proposed fiscal year 23/24 budget. Type of Item: Consent City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761 Page 15 of 193 () C, () (? ( XQ R 111111:1011111 kT1:1:y-AR1ey-A1u I I► LCM-ATCR14:4 M I:U U IAFF, LOCAL 3623 =1 CITY OF OCOEE Fiscal Years 2023-2024, 2024-2025, and 2025-2026 Fire Collective Bargaining Agreement 2023-2026 Page 17 of 193 TABLE OF CONTENTS ARTICLE I: RECOGNITION AND INTENT OF AGREEMENT Section1.1 Parties........................................................................................... 1 Section 1.2 Recognition................................................................................... 1 Section 1.3 Entire Agreement.......................................................................... 1 Section 1.4 Effect of Laws and Ordinances..................................................... 2 Section1.5 Purpose......................................................................................... 2 ARTICLE II: DECLARATION OF PRINCIPLES Section 2.1 Union Activities.............................................................................. 3 Section 2.2 Non-Discrimination........................................................................ 3 ARTICLE III: UNION SECURITY AND CHECKOFF Section3.1 Dues.............................................................................................. 4 Section3.2 Amount.......................................................................................... 4 Section 3.3 Remittance....................................................................................4 Section 3.4 Recourse....................................................................................... 5 Section3.5 Minimum Pay................................................................................ 5 Section 3.6 Withdrawal.................................................................................... 5 Section3.7 Indemnity...................................................................................... 5 ARTICLE IV: UNION BUSINESS Section 4.1 Representation and Notice............................................................ 6 Section 4.2 Activities........................................................................................ 6 Section4.3 Time.............................................................................................. 7 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 and E-mail............................................................ 9 Section 4.9 Information.......................................................................9 ARTICLE V: MANAGEMENT RIGHTS Section 5.1 Functions of Management............................................................. 11 Section 5.2 Operations and Direction of Work Force ....................................... 11 Section 5.3 Restrictions Under this Agreement ................................................ 11 Section5.4 Waiver........................................................................................... 11 Section 5.5 Emergencies................................................................................. 12 Section 5.6 Job Duties..................................................................................... 12 ARTICLE VI: GRIEVANCE AND ARBITRATION Section 6.1 Grievance...................................................................................... 13 Section 6.2 Grievance Procedure.................................................................... 13 Section 6.3 Arbitration...................................................................................... 16 Section 6.4 Grievances by Non -Union Member ............................................... 17 i Fire Collective Bargaining Agreement 2023-2026 Page 18 of 193 Section6.5 General......................................................................................... 17 Section 6.6 Time Off/Pay................................................................................. 18 ARTICLE VII: PROMOTION Section 7.1 Promotion Eligibility List and Promotion ........................................ 19 Section 7.2 Application of City PRR................................................................. 21 Section 7.3 Union Representation................................................................... 22 ARTICLE VIII: VOTING........................................................................................ 23 ARTICLE IX: SPECIAL MEETINGS................................................................... 24 ARTICLE X: NON-BARBAINING UNIT EMPLOYEES ..................................... 25 ARTICLE XI: INSURANCE AND PENSION Section 11.1 Insurance...................................................................................... 26 Section11.2 Pension......................................................................................... 26 Section 11.3 Pension Multiplier.......................................................................... 27 ARTICLE XII: STRIKES...................................................................................... 28 ARTICLE XIII: Time Trades Section 13.1 Application.................................................................................... 29 Section13.2 Payback........................................................................................ 29 Section 13.3 Authorization................................................................................. 29 Section 13.4 Emergencies................................................................................. 30 Section 13.5 Qualifications................................................................................. 30 Section 13.6 Definition........................................................................................ 30 ARTICLE XIV: HOLIDAYS Section 14.1 Days Observed............................................................................. 31 Section 14.2 Eligibility for Holiday Pay............................................................... 31 ARTICLE XV: PAID TIME OFF Section 15.1 Eligibility........................................................................................33 Section 15.2 Accrual of Leave........................................................................... 33 Section15.3 PRR.............................................................................................. 34 Section 15.4 PTO per Shift................................................................................. 34 ARTICLE XVI: USE OF PERSONAL VEHICLES ................................................. 37 ARTICLE XVIL HOURS OF WORK AND WORK SCHEDULE Section 17.1 Basic Work Schedule.................................................................... 38 Section 17.2 Overtime....................................................................................... 38 Section 17.3 Assignment of Overtime................................................................ 39 Section 17.4 Shift and Non -Shift Overtime........................................................ 43 Fire Collective Bargaining Agreement 2023-2026 Page 19 of 193 Section 17.5: Compensatory Time Off......................................................44 ARTICLE XVIII: LIGHT DUTY Section 18.1 Compensation ............................................................................... 45 Section 18.2 Determination ................................................................................ 45 F-an I v4w*Xm soon "jT-ATej:&j Section 19.1 Pay Increases ............................................................................... 46 Section 19.2 Paramedic Incentive Pay .............................................................. 47 Section 19.3 Other Incentive Pay ....................................................................... 47 Section 19.4 Starting Pay .................................................................................. 48 ARTICLE XX: UNIFORMS AND EQUIPMENT Section 20.1 Uniforms ........................................................................................ 50 Section 20.2 Initial Issue .................................................................................... 50 Section 20.3 Replacement ................................................................................. 51 Section 20.4 Maintenance ................................................................................. 53 Section20.5 Changes ........................................................................................ 53 ARTICLE XXI: PROBATIONARY PERIOD Section 21.1 Initial Probationary Period ............................................................. 54 Section 21.2 Promotional Probation ................................................................... 54 Section 21.3 Grievances .................................................................................... 54 Section 21.4 Transfers and Waiving Probation .................................................. 54 ARTICLE XXII: REDUCED ACTIVITY PERIOD Section22.1 Hours ............................................................................................ 56 Section22.2 Activity ........................................................................................... 56 Section 22.3 Emergencies ................................................................................. 56 Section 22.4 Contact Sports .............................................................................. 56 Section 22.5 Adverse Weather Protocol ............................................................ 56 ARTICLE XXIII: CONTIINUOUS EMPLOYMENT Section 23.1 PTO Vacation Picks ...................................................................... 57 Section 23.2 Layoff and Recall .......................................................................... 57 Section 23.3 Shift and Station Vacancies ...................................................58 Section 23.4 Mutual Consent Transfers .....................................................59 ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT ................................. 60 ARTICLE XXV: SAFETY, HEALTH AND PHYSICAL FITNESS Section25.1 General ......................................................................................... 61 Section 25.2 Equipment ..................................................................................... 61 Section 25.3 Medical Examinations ................................................................... 62 Section 25.4 Cooperation .................................................................................. 63 Fire Collective Bargaining Agreement 2023-2026 Page 20 of 193 ARTICLE XXVI: WORKING OUT OF CLASSIFICATION Section 26.1 Out of Class Pay ........................................................................... 65 Section 26.2 Floaters ......................................................................................... 65 ARTICLE XXVII: EDUCATION Section27.1 ....................................................................................... 66 Section27.2 ....................................................................................... 66 ARTICLE XXVIII: VEBA — OTHER POST -EMPLOYMENT BENEFITS Section 28.1 VEBA Contributions ...................................................................... 68 Section 28.2 Annual Physical Program .............................................................. 68 ARTICLE XXVIX: DURATION ................................................................................... 70 RATIFICATION: ...................................................................................................... 71 APPENDIX A: PAY CHART ................................................................................. 72 APPENDIX B: GRIEVANCE FORM ..................................................................... 76 iv Fire Collective Bargaining Agreement 2023-2026 Page 21 of 193 ARTICLE 1: 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 full-time employees in the units certified by the Public Employees Relations Commission (PERC) certification number 1136 and number 1350. The following positions are currentiv included in the PERC certification: 1. All full and reqular part-time certified Firefighters and Enqineers 2. All Full time Fire Lieutenants and Fire Inspectors Section 1.3: Entire Agreement. This Agreement 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. I Fire Collective Bargaining Agreement 2023-2026 Page 22 of 193 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. 2 Fire Collective Bargaining Agreement 2023-2026 Page 23 of 193 ARTICLE II: DECLARATION OF PRINCIPLES 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, political affiliation, 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. C. There shall be no discrimination against any employee covered by this Agreement because of membership, non -membership or office held in the Union. 3 Fire Collective Bargaining Agreement 2023-2026 Page 24 of 193 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. With written instructions provided by the Union and a written authorization from the employee acceptable to the City, the City will direct deposit Union members' dues to the Union's account, provided the Union pays the same administrative cost for direct deposits that each non -charitable organization are charged for direct deposit by the 4 Fire Collective Bargaining Agreement 2023-2026 Page 25 of 193 City. Direct deposits will cease upon written notice, next payroll following written notice from the employee of same. 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. 5 Fire Collective Bargaining Agreement 2023-2026 Page 26 of 193 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 President's absence. The City is not required to deal with anyone as a representative of the Union except its President or, in his/her absence, his/her designee identified by the Union President in writing. 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 on 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. Fire Collective Bargaining Agreement 2023-2026 Page 27 of 193 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. 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 prior to 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 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 any such visit, the Business Agent shall not interfere with the work or the operations of the Department. Fire Collective Bargaining Agreement 2023-2026 Page 28 of 193 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 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, reduced activity, 1-hour new hire orientation, 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") or this Agreement, 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 or designee plus one (1) CBA Committee member (or as many members as agreed upon by the City Manager or his/her designee) shall not lose any pay for the work hours spent participating in such contract negotiations. Members of the union bargaining team may not accept an overtime assignment during an already scheduled negotiation time; named committee members will be granted exemption upon notification to the Battalion Chief. W Fire Collective Bargaining Agreement 2023-2026 Page 29 of 193 Section 4.7: Bulletin Boards and E-mail. 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 or transmitted to bargaining unit members via e-mail regarding Union business will be submitted to the Chief or his/her designee 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 or his/her designee may be immediately removed by the City. 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. Section 4.8 New Hire Orientation A. During the scheduling of a new hire orientation session, a one -hour time frame will be scheduled during the final week of orientation to allow a representative from the Union, on their own time, to discuss the articles of the Current CBA. This meeting will be scheduled by Fire Administration. Section 4.9 Information A. The City shall make available to the Union a copy of all current or subsequently amended written SOP's, GO's, City PRRs and other rules, regulations and policies applicable to bargaining unit employees. 0 Fire Collective Bargaining Agreement 2023-2026 Page 30 of 193 B. The Human Resources Department shall provide the Union a copy of the names and salary of bargaining unit members, upon written request of the Union, but not more than twice a year. C. The City shall provide the Union with anticipated adjustments, amendments to, amendments of, and proposed new regulations concerning any and all matters stipulated in subsection A. above, in order that the Union may give comment and/or recommendations on the subject within fourteen (14) calendar days from the date received. Failure to respond in fourteen calendar days shall be considered as non -contested. Any impact on wage, hours, or terms and conditions of employment shall be the subject of bargaining prior to implementation. 10 Fire Collective Bargaining Agreement 2023-2026 Page 31 of 193 ARTICLE V: MANAGEMENT RIGHTS Section 5.1: Functions of Manaqement. 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: Restrictions Under this Aqreement. 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. Section 5.4: Waiver. The City's failure to exercise any function or right hereby reserved to it, or its exercising of 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. 11 Fire Collective Bargaining Agreement 2023-2026 Page 32 of 193 Section 5.5: 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. However, the processing of grievances shall be suspended only until regular business is resumed by the City. All bargaining unit employees are considered essential employees for purposes of declared emergencies. Section 5.6: 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. 12 Fire Collective Bargaining Agreement 2023-2026 Page 33 of 193 ARTICLE VI: GRIEVANCE, MEDIATION AND ARBITRATION Section 6.1: Grievance. A grievance is defined as a difference between the City and any bargaining unit member or the Union involving an alleged violation or misapplication of a specific provision of this Agreement. As such, grievances are limited to claims which are dependent for resolution exclusively upon interpretation or application of one or more express provisions of this Agreement. No grievance will or need be entertained or processed which does not meet this definition, is not presented in the manner described herein, and/or is not filed in a manner provided herein within the time limit prescribed herein. 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 be subject to this Article. The parties agree that bargaining unit employees will be disciplined for just cause only. Section 6.2: Grievance Procedure. Whenever a grievance as specified in Section 6.1 arises between the City and the unit members or the Union, the matter will be handled in accordance with the following procedure. The term "days" as used in this Article shall refer to calendar days. Within five (5) days after the act or occurrence which gives rise to the grievance, or the unit member knew or should have known of such act or occurrence, whichever first occurs, the unit member may meet to discuss 13 Fire Collective Bargaining Agreement 2023-2026 Page 34 of 193 the grievance with the unit member's immediate supervisor in an attempt to resolve same. Step 1: If the grievance is not settled in the informal procedure, noted above, or if the grievant decides to proceed with a formal grievance, the grievance must be reduced to writing and signed by the unit member, within ten (10) days after the occurrence which gave rise to the grievance, or the unit member knew or should have known of such act or occurrence, and presented to the unit member's Battalion Chief. 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. A copy of the grievance form is hereby adopted and placed in the appendices. The Battalion Chief, will respond in writing within ten (10) days after receipt of the grievance. Step 2: If the grievance is not settled in Step 1, within ten (10) days of receipt of the Battalion Chief's response in Step 1, the grievant or Union may file the grievance, with the Fire Chief. Within ten (10) days of delivery of the written Step 2 grievance, the Fire Chief, or his designee, shall meet to discuss the grievance with the grievant and/or Union representative. 14 Fire Collective Bargaining Agreement 2023-2026 Page 35 of 193 The Chief or his designee shall respond in writing within ten (10) calendar days after the meeting. Step 3: If the grievance is not resolved in Step 2, the grievant may file the grievance with the City Manager within ten (10) days after receipt of the Step 2 response. The City Manager, or his designee, shall hold a meeting with the grievant and Union to discuss the grievance within ten (10) days after receipt of the grievance. The City Manager, or his designee, shall respond, in writing, within ten (10) days after the meeting 6.2:1 Failure of the City to respond at any step shall allow the grievant to proceed to the next step within the time limits just as if the City had denied the grievance in writing on the last day an answer was due. The unit member grievant shall be entitled to be present at any meeting held under Step 2 or Step 3. 6.2:2 When bringing a grievance in its name, the Union may file at either Step 2 or Step 3 depending on the circumstances surrounding the grievance. 6.2:3 When denying a grievance, in whole or in part, management's response shall contain the specific reason(s) for denial. Generic denials such as," the grievance has no merit" or "the grievance is denied," shall not be sufficient. All grievance responses originating at Steps 2 and 3 shall be forwarded to the grievant and the Union. 6.2:4 All disciplinary matters involving unpaid suspension, demotion, or termination may be appealed through the grievance process. 6.2:5 The parties may extend any of the time limits in this Article upon mutual written agreement. 15 Fire Collective Bargaining Agreement 2023-2026 Page 36 of 193 Section 6.3: Arbitration. If the grievance is not resolved through above steps, the grievance may be submitted to binding arbitration by the Union. Arbitration proceedings must be initiated by serving of a written request for arbitration by the Union within ten (10) days after the City Manager's response. Submission to the arbitrator shall be based exclusively on the written grievance as submitted in Steps 1, 2 and 3 of the grievance procedure. The arbitrator selected shall decide the dispute by using the preponderance of evidence standard and such decision shall be final and binding on the parties. The expenses of the arbitrator shall be borne equally by the parties; and, each party shall be responsible for its own attorneys' fees, any court reporting services it wishes to use, and the wages of unit members, whether they be witnesses, potential witnesses, representatives, or grievant, it utilizes in any arbitration proceeding. However, it is agreed, that should unit members be on duty during the procedure, the unit members shall suffer no loss of pay or benefits. 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 time limits may be extended in writing by mutual consent of the parties. A. Within ten (10) calendar days from receipt of the notice of the intent to invoke arbitration, the Union shall request a list of nine (9) arbitrators from the Federal Mediation and Conciliation Service, all of whom must reside in the State of Florida. The Union shall supply the City with a copy of the list of arbitrators. The Union and the City 16 Fire Collective Bargaining Agreement 2023-2026 Page 37 of 193 will alternately eliminate one at a time from said list of names of persons until only one remains, and that 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 unit member(s) 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) business days after the hearing. Section 6.4: Grievances by Non -Union Member. When the Union refuses to process a grievance for a unit member because of the unit member's non -membership in the Union, the unit member 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 unit member 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 grievance. The unit member will not be entitled to any other grievance process. Section 6.5: General. A. 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, except terminations. 17 Fire Collective Bargaining Agreement 2023-2026 Page 38 of 193 Section 6.6: Time Off/Pay. Step 1 of the grievance procedure shall be carried out during the unit member's work hours at a time and place designated by the Chief based on operational needs, and the unit member shall lose no pay. The City shall determine when Steps 2 and 3 shall be processed, and if the Step or Steps, including Arbitration, are processed during their scheduled working hours, neither the Union Representative nor the grievant shall lose pay. Unit member witnesses, other than grievant, whom the City Manager may at his option choose to interview 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 unit member 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 management's opinion work requirements will allow such absence. 18 Fire Collective Bargaining Agreement 2023-2026 Page 39 of 193 ARTICLE VII: PROMOTION Section 7.1: Promotion Eliqibilitv List and Promotion. A. 1. 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 in the month of June on even numbered years and all Engineer exams will be given in the month of June on odd numbered years. The lists for each position will be in effect until the next test is completed in the month of June. If the list is exhausted new examinations will be given earlier as determined by the Chief in order to facilitate operational needs. An exhausted list includes no member remaining on the list or personnel on the list that declined the promotion. Only employees whose last two (2) annual job performance evaluations were "Meets Expectations" 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 — 1 . Three (3) years with the Ocoee Fire department 2. Must be a relief Engineer for one (1) year 3. Possession of a Driver/Operator certificate of completion from an accredited institution 4. Completion of Company Officer (40 hours) and Tactics and Strategy 1 (40 hours) 5. Fire Officer I State of Florida Certification • An A.S. degree in Fire Science can be substituted for Company Officer and Tactics and Strategy I. Lieutenant 1. Five (5) years with the Ocoee Fire Department 2. Currently holds the rank of Engineer for one (1) year 3. Completion of Fire Officer 11 State of Florida Certification 4 An AS degree or higher 19 Fire Collective Bargaining Agreement 2023-2026 Page 40 of 193 **Degree requirements effective September 30, 2026. 2. 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. 3. Employees who wish to be placed on the promotion list must notify the Chief in writing not less than thirty (30) days of the first test given for the year for the position. Promotional candidates that are on the duty before the scheduled promotional testing process shall be given time off without a loss in pay from 1900- 0700. 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 Chief's recommendation and determine same. The Chief shall set the minimum standard for other practical testing. C. The promotional eligibility list will be comprised of the candidates who have the minimum passing test score. One-half point for each year of continuous service as an Ocoee Fire Department employee (1/2 X years) will be added to the candidate's passing score to establish the final rank order eligibility list. D. 1. Employees with more than one written warning or more severe discipline, or who are on a last chance agreement making them ineligible for promotion, within one year prior to the last date for applying for the tests shall not be eligible to apply. 2. Employees who apply for the test who receive more than one written warning or more severe discipline, or who are placed on a last chance agreement 20 Fire Collective Bargaining Agreement 2023-2026 Page 41 of 193 making them ineligible for promotion, within one year prior to the date of the test shall not be eligible to test. 3. Employees who are on the eligibility list who receive more than one written warning or more severe discipline, or who are placed on a last chance agreement making them ineligible for promotion, within one year after they were placed on the eligibility list shall not be eligible for promotion until they have received no disciplinary action for three hundred sixty-five (365) days, after the latest action. E. Vacancies will be filled from the rank and order off the promotional list within 30 business days, if possible, in descending order from top to bottom. If the vacancy is not filled from the existing list as provided above, the Chief may fill the vacancy as he deems fit, provided he may not fill the position with a non -employee or employee who does not take and pass the same test as given all eligible employees who apply to take the test. F. Any firefighter promoted to engineer will receive the minimum of the engineer pay range or a 5% pay increase, whichever is greater, effective the date of promotion. Any employee that is promoted from engineer to lieutenant will receive the minimum of the lieutenant pay range or a 7% pay increase, whichever is greater. G. Employees who are promoted to Engineer or Lieutenant and transfer to a different shift, may elect to retain already scheduled PTO on the closest dates to their original PTO selection. Section 7.2: Application of City PRR. City Personnel Rules and Regulations shall not apply to Article VI1. 21 Fire Collective Bargaining Agreement 2023-2026 Page 42 of 193 Section 7.3: Union Representation. All promotional exams will allow a union representative of the union's choice, provided that the representative is not on duty (unless they elect to use PTO) and is not involved in the promotional process, present during written test, practical test, scenario - based evaluation and accumulation of all test scores for a combined total score for each promotional candidate in accordance with the Fire Department's Policies & Procedures on Union representation during testing. When a candidate is testing for position of lieutenant a lieutenant will be present. When a candidate is testing for engineer, an engineer will be present. The city will include a 3rd party peer or representative from a testing agency during the interview process. 22 Fire Collective Bargaining Agreement 2023-2026 Page 43 of 193 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. 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. 23 Fire Collective Bargaining Agreement 2023-2026 Page 44 of 193 ARTICLE IX: SPECIAL MEETINGS The City (Two members of Fire Department management and one member of the Human Resource Department) and the two Union officers shall meet and confer on matters of interest upon the request of either party. Such special meetings shall be held on a date and at a time and place mutually agreeable to the parties with a minimum of four a year. Ten days prior to the meeting an agenda of all topics to be discussed shall be furnished to all. The Union shall have the right, at these 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 a substitution for the grievance procedure or the right to collective bargaining under the Public Employees Relations Act. 24 Fire Collective Bargaining Agreement 2023-2026 Page 45 of 193 ARTICLE X: NON -BARGAINING UNIT EMPLOYEES The City may use non -bargaining unit employees to perform non -emergency work when the City determines it is operationally required so long as bargaining unit members are utilized for emergency work when outside fire department personnel are requested for manpower. The City reserves the right to hire up to three reserves to supplement emergency and non -emergency operations so long as it does not replace any position necessary to maintain minimum staffing levels and the reservist meet and maintain the same qualifications as bargaining members. 25 Fire Collective Bargaining Agreement 2023-2026 Page 46 of 193 G► . \ i G\ G \_1 9\ O l Section 11.1: Insurance. During the term of this Agreement, the City shall provide the same health, medical, dental insurance, and short/long term disability under the same terms and conditions for bargaining unit employees and their dependents that it provides for the City's non -bargaining unit, non-exempt employees and their dependents. During the term of this agreement should the City decide to change premiums, co -pays, co- insurance and/or provide incentive programs, the bargaining unit employees will be required to participate as all other non -bargaining unit employees. Bargaining Unit Members that fail to show up for a scheduled appointment at the health center shall pay a scheduled $25.00 charge unless the bargaining unit member is unable to arrive on time due to an emergency call or other Department operational need. Section 11.2: Pension. All bargaining unit positions and employees in those positions, covered by this Agreement, shall be covered by the FS Chapter 175 Plan as established by the City of Ocoee provided, they meet the eligibility requirements of same. The Pension Ordinance shall be amended, effective upon the date of the amendment, to provide that the minimum in -line of duty disability benefit shall be increased from no less than 42% to no less than 55% of Average Final Compensation. The City agrees to contribute no less than 12% of the fire unit member's payroll to the Pension Fund during the term of this agreement. The bargaining unit members' pension contribution shall be 8% of pensionable earnings. 26 Fire Collective Bargaining Agreement 2023-2026 Page 47 of 193 Accrued paid time off at separation will not count toward final average compensation for pension benefits. For purposes of Pension calculation, the employee shall receive monetary credit as part of their final average compensation for up to 300 hours of overtime as per State Statute. Members who enter the Deferred Retirement Option Plan (D.R.O.P) may elect to either have their account credited with interest at the rate of 2% per annum or credited with the actual net rate of return of the fund, but not less than 0%. One change is election is permitted. D.R.O.P shall be up to but may not exceed 8 years provided the required impact study is fiscally neutral with respect to the City's plan expenses. The Parties mutually agree and consent that effective October 1, 2021, the Chapter 175 base premium tax revenues (i.e., $282,130.75) and the Chapter 175 additional premium tax revenues (i.e., Chapter 175 premium tax monies received in excess of $282,130.75) shall be allocated in accordance with the statutory default in Section 175.351, Florida Statutes, except that the City's 50% of the additional premium tax revenues shall be used to reduce the unfunded actuarial accrued liability of the Chapter 175 Plan as long as such liability exists, and thereafter shall be applied to reduce the City's annual required contribution to the Chapter 175 Plan. Section 11.3: Pension Multiplier. The City and the Union agree that the pension multiplier will remain at 3.5% for employees hired before September 30, 2015 and 3.25% for employees hired on or after September 30, 2015. 27 Fire Collective Bargaining Agreement 2023-2026 Page 48 of 193 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. 2s Fire Collective Bargaining Agreement 2023-2026 Page 49 of 193 ARTICLE XIII: TIME TRADES Section 13.1: Application. Time Trades shall be submitted sixty (62) hours prior to the beginning of the time trade sought and must be approved in advance by the on -duty Battalion Chief. Section 13.2: Pavback. Employees shall not trade time in exchange for financial or other forms of compensation and shall have up to (1) year from the date of the initial time trade date to payback a time trade. Failure to pay back a time trade within the one (1) year timeframe will result in the suspension of time trade rights for the following 12 months absent circumstances beyond the employee's control. Employees will only be able to accrue a maximum often (10) time trades. Under no circumstances will the department be responsible for the payback of time trades. Section 13.3: Authorization. Employees shall be responsible for utilizing the electronic scheduling program to submit the time trade request to the on -duty Battalion Chief for approval. It is the employees' responsibility to ensure that their time swap has been approved. The Battalion Chief may deny time swap request due to departmental needs, staffing, or time trade violations resulting in suspension of time trade rights or discipline. The privilege of trading time may be suspended or revoked at any time for abuse of the privilege. 29 Fire Collective Bargaining Agreement 2023-2026 Page 50 of 193 Section 13.4: Emerqencies. The only exception to the Section 13.1: Application will be in the case of an emergency, and with permission of the Chief or designee. An emergency is defined as: a. A serious, unexpected, and often dangerous situation requiring immediate action, or b. A serious medical condition requiring immediate action. Section 13.5: Qualifications. Employees can only time trade with employees qualified to work in the same classification. EMT's can normally only time trade with EMT's and Paramedics can only time trade with Paramedics. If staffing allows for the day, EMTs shall be permitted to time trade with paramedics if this does not create an overtime need at the time the time trade request is submitted. If the employee that was scheduled to time trade is moved to a ride up position, that employee shall receive ride up pay. Section 13.6: Definition. A time trade is defined as any exchange of time during a shift, no matter how many hours are involved. Any consecutive time traded on a shift will count as one (1) time trade in regards to the maximum of (10) time trades allowed for accrual. No permanent or standing time trades are allowed. 30 Fire Collective Bargaining Agreement 2023-2026 Page 51 of 193 ARTICLE XIV: HOLIDAYS Section 14.1: Days Observed. A. The observed holidays are: January 1 January — Third Monday May — Last Monday July 4 September — First Monday November — Fourth Thursday November — Fourth Friday December - 24 December 25 Section 14.2: Eliqibilitv for Holidav Pay. A. Eligibility New Year's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day An employee must be on an approved paid leave 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. a) Bargaining unit employees on a 24/48 schedule shall be paid an additional eighteen (18) hours at their straight time hourly rate or 18 hours of comp time for each of the above holidays. 31 Fire Collective Bargaining Agreement 2023-2026 Page 52 of 193 b) When a bargaining unit employee on a 24/48-hour schedule works on a scheduled holiday, the employee shall receive 18 hours of holiday pay, if he/she meets the eligibility requirements, in addition to the time and one half (1.5) his/her straight time rate for all hours worked on the holiday. c) When a bargaining unit employee picks up overtime or works forced overtime on a holiday, he/she will receive 2 times their straight time rate of pay for all hours worked, in addition to the 18 hours of holiday pay. d) When a bargaining unit employee is out on scheduled PTO, Comp Time, Family Medical Leave Act, Domestic Sexual Violence leave, or the use of leave donation on a holiday, he/she will receive the 18 hours of holiday pay and PTO will be paid at their straight time rate. e) When an employee is scheduled to work on a holiday, but fails to do so, other than scheduled PTO, Comp Time, Family Medical Leave Act, Domestic Sexual Violence leave, or the use of leave donation, the employee will not receive the 18 hours of holiday pay. 32 Fire Collective Bargaining Agreement 2023-2026 Page 53 of 193 ARTICLE XV: PAID TIME OFF Section 15.1: Eligibilitif. A. Only full-time employees and full-time probationary employees will be allowed to accrue paid time off (PTO). B. Full-time probationary employees shall accrue paid time off during their initial probationary period but shall not be permitted to take same during the initial six (6) months of employment unless approved by the Fire Chief. Paid time off not taken by a full-time employee who does not successfully complete the first six (6) months of the initial probationary period, including resigning, shall not be paid any accrued hours upon termination of employment. C. Any employee within the initial one-year probationary period of time that calls off work and cannot show an emergency reason for calling off may be subject to a written warning for failure to report to work as scheduled. Section 15.2: Accrual of Leave. Each employee shall receive an additional 24 hours of paid time off added to their accruals after October 1 st each year of this Agreement and only after the employee has worked for the City for one year. A. Full-time employees earn Paid Time Off (P.T.O.) based on hours worked as follows: One through five years of service - 9.4821 %hours bi-weekly (276.16 hours per year) 33 Fire Collective Bargaining Agreement 2023-2026 Page 54 of 193 Six through ten years of service - 11.9554% hours bi-weekly (348.18 hours per year) Eleven years + 13.5982% hours bi-weekly (396.00 hours per year) The formula is based on a total of 2912 hours worked annually, then multiplying that number by .94821, which results in the yearly accrual. The amount reflected on each paycheck will alternate based on the inclusion of a short week versus a long week; and therefore, the accrual will vary. However, the total annual amount will equal 276.16 hours. B. A full-time employee can only accrue up to 580 hours of paid time off. Section 15.3: PRR. The other rules and conditions with respect to paid time off are as set forth in the PRR. However, any employee requesting time off shall request no less than 8 hours or 4 hours comp time minimum, except for approved educational purposes. Section 15A PTO per Shift. No more than four (4) bargaining unit employees will be allowed off each shift. What does and does not count towards the maximum number of rank and file allowed off is listed below. 34 Fire Collective Bargaining Agreement 2023-2026 Page 55 of 193 A. What DOES NOT COUNT toward the maximum number of employees allowed off each shift: Light Duty (LD) due to work related injuries or pregnancy Permanent Vacancies Leave with Pay (LWP) approved by the Fire Chief for the benefit of the department. Bereavement Leave (BL) Jury Duty (JD) Court Leave related to City business Military Leave (ML) as required by state statute up to 240 hours Depositions/Subpoena related to City business B. What DOES COUNT toward the maximum number of employees allowed off each shift: Paid Time Off (PTO) vacation picks Comp Time Leave without Pay (LWOP) Family Medical Leave Act (FMLA) Domestic/sexual violence leave Use of leave donation All PTO requests and PTO cancellation requests must be submitted (and approved) in writing to the Battalion Chief prior to 62 hours (1700 hrs on current shift) 35 Fire Collective Bargaining Agreement 2023-2026 Page 56 of 193 before the next scheduled on -coming shift. Any deviation from this is subject to approval by the Fire Chief or designee. 36 Fire Collective Bargaining Agreement 2023-2026 Page 57 of 193 ARTICLE XVI: USE OF PERSONAL VEHICLES When employees are required by management to use their own vehicles for City business, e.g., transferring from station to station after the start of their shift, 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. Employees shall utilize the department provided electronic travel forms for submission to their Battalion Chief for approval, and are required to submit the forms on the same day as their travel. 37 Fire Collective Bargaining Agreement 2023-2026 Page 58 of 193 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. 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 request from the Union made within ten (10) calendar days after notice of the schedule change, the parties shall meet and negotiate the impact of same. Absent mutual agreement, any dispute arising under this Section will be resolved under the FI. St. 447, impasse resolution process. B. Paid Lunch Periods are scheduled pursuant to Department Policies and Procedures. c. The basic work schedule for new hire orientation will be determined by the Chief. New employees will have their pay converted so as to not lose any pay during the orientation period. 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. Non-exempt bargaining unit employees will receive overtime pay in accordance with the Fair Labor Standards Act for all hours worked in excess of one 38 Fire Collective Bargaining Agreement 2023-2026 Page 59 of 193 hundred six (106) hours in a fourteen (14) day work cycle. The member has an option to receive the half-time for built-in overtime (i.e., the regularly scheduled hours worked in excess of 106 hours each work cycle) as pay or convert to comp time. Bargaining unit members will also accrue overtime on the short week of the pay period. C. For the purposes of overtime computation, PTO not approved in advance of 62 hours, 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 approved in advance or 62 hours shall be considered for employees on a Section 7(k) schedule as up to twenty-four (24) hours worked. D. 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 on -duty Battalion Chief, in advance of 62 hours. Section 17.3: Assignment of Overtime. When the Battalion Chief or his/her designee determines there is a need to schedule personnel for scheduled overtime, the following procedure will apply. All combat personnel will be placed in one of the three following classifications according to their current rank and/or EMS licensure: Lieutenant, Engineer, and Firefighter. Example 1 (Unscheduled PTO): If four (4) personnel are on PTO and an employee uses unscheduled PTO generating overtime, the Battalion Chief will utilize the overtime list to hire a replacement based on the classification of the employee using 39 Fire Collective Bargaining Agreement 2023-2026 Page 60 of 193 unscheduled PTO. If no employee in the appropriate classification accepts the overtime, the Battalion Chief will follow the procedure through each available list. If all attempts are exhausted without filling the overtime, the Battalion Chief will utilize the forced overtime list to hire a replacement based on the classification of the employee using unscheduled • Example 2 (Unscheduled PTO for Out of Grade Position): If an employee is scheduled to ride out of grade and uses unscheduled PTO generating overtime, the Battalion Chief will hire overtime off the list for the position in which the employee was scheduled to ride up. If no employees in the appropriate classification accept the overtime, the Battalion Chief will follow the procedure through each available list. If all attempts are exhausted without filling the overtime, the Battalion Chief will utilize the forced overtime list for the position the employee was scheduled to ride up in. Example 3 (Vacancv): If four (4) personnel are on PTO and there is a vacancy that generates overtime, the Battalion Chief will hire for overtime to fill the highest-ranking position based on personnel on PTO. If no overtime is accepted by employees in that position, the process will repeat itself accordingly through the other list, if positions are available. If no employees accept the overtime, then the Battalion Chief will ride employees up out of grade and utilize the firefighters' forced overtime list. Example 4: The below example will apply to overtime created by the following situations: • Light Duty due to work related (Worker's Comp) injuries and pregnancy • Leave with Pay (LWP) approved by the Fire Chief for the benefit of the Department • Bereavement Leave (BL) • Jury Duty (JD) • Court Leave related to City business 40 Fire Collective Bargaining Agreement 2023-2026 Page 61 of 193 • Military Leave (ML) • Depositions/Subpoena related to City business If four (4) personnel are on PTO, and there is a need for overtime due to any of the reasons listed above, the Battalion Chief will hire based on a classification -for - classification replacement, unless otherwise directed by management. If no overtime is accepted by employees in the classification causing the overtime, the process will repeat itself accordingly through the other lists if positions are available. If no employees accept the overtime, then the Battalion Chief will ride employees up out of grade and utilize the firefighter's forced overtime list. Example 5: The below example will apply to overtime created by the following situations: • Paid Time Off (PTO) vacation picks • Comp Time • Leave without Pay (LWOP) • Family Medical Leave Act (FMLA) • Domestic/sexual violence leave • Use of leave donation • Light Duty absences required by a healthcare provider for pregnancy If four (4) personnel are on PTO and there is a need for overtime due to any of the reasons listed above, the Battalion Chief will hire for overtime to fill the highest-ranking position based on personnel on PTO. If no overtime is accepted by employees in that position, the process will repeat itself accordingly through the other list, if positions are available. If no employees accept the overtime, then the Battalion Chief will ride employees up out of grade and utilize the firefighters' forced overtime list. Example 6 (Combination of Time Off): If there is a need to hire overtime due to any combination of leave identified in the previous examples (PTO, Unscheduled PTO, Vacancy, or any leave identified in example 4 & 5, etc.), the Battalion Chief will hire for 41 Fire Collective Bargaining Agreement 2023-2026 Page 62 of 193 overtime to fill the highest-ranking position based on personnel based off of personnel utilizing the examples above. If no overtime is accepted by employees in that position, the process will repeat itself accordingly through the other list, if positions are available. If no employees accept the overtime, then the Battalion Chief will ride employees up out of grade and utilize the firefighters' forced overtime list. The current overtime lists will be maintained by the Battalion Chief utilizing the department electronic scheduling system. These lists will cycle through all personnel, year to year, and continue reverting back. Personnel contacted for the scheduled overtime assignment will have the opportunity to either accept or refuse the assignment. If the assignment is accepted and that person works eight (8) or more hours that person will be placed on the bottom of the list. When a scheduled overtime phone call results in a voicemail, answering machine or a "no answer", said individual will be placed at the bottom of the list. When hiring overtime for the next shift, the Battalion Chief will make one attempt at contacting the emergency callout number. That will constitute a contact and that person will be placed on the bottom of the list. When hiring overtime that is more than twenty-four (24) hours from the start of the shift, the Battalion Chief will wait five minutes and then move on to the next person and follow the above procedure. If after following the procedure outline above, no employee that management considers qualified accepts the overtime, the Battalion Chief will assign overtime as he/she deems appropriate. 42 Fire Collective Bargaining Agreement 2023-2026 Page 63 of 193 If no employee accepts overtime forced overtime will be utilized. The least senior employee in the needed classification on the off -going or on -going shift will be held to work overtime. Further, when overtime is forced, based on classification, the forced overtime will be rotated through all members in that classification on that particular shift, to ensure the same member is not continually forced to work the overtime assignment. When overtime is forced, bargaining unit members will be paid for a minimum of three (3) hours, Personnel working greater than three (3) (hours of forced overtime in a 24-hour period will be moved to the bottom of the forced overtime list. Personnel working less than three (3) hours will remain in their current position on the forced overtime list. However, overtime cannot be mandatory if the employee is on list as unavailable at time of overtime. Section 17A Shift and Non -Shift Overtime. Overtime necessitated by a regular shift vacancy, or because of the Department placing an additional unit or apparatus in service either for a full or partial shift (e.g., boat, tanker, brush truck, peak rescue unit, engine, etc.), shall be considered "shift overtime." Overtime necessitated by projects or other assignments for which the bargaining unit member is not assigned to a unit or apparatus shall be considered "non -shift overtime." Shift overtime necessitated by the Department placing an additional unit or apparatus in service shall be subject to the provisions of Sections 17.2 and 17.3, except as follows. For units or apparatus that do not require an Engineer and/or a Lieutenant, the overtime will be offered first to the Firefighters, then to the Engineers, and then to the Lieutenants, and forced or mandatory overtime shall be assigned in the same order. For units or 43 Fire Collective Bargaining Agreement 2023-2026 Page 64 of 193 apparatus that require an Engineer and/or a Lieutenant, the overtime will be offered, and where necessary forced or mandated, position by position. For overtime assignments worked that are not "shift assignments," the City and the Union agree the bargaining unit members shall not be subject to forced or mandatory overtime. Bargaining unit members shall have the option to defer the payment of overtime for assignments worked that are not shift assignments by selecting compensatory time off in lieu of payment for the time worked. Section 17.5: Compensatory Time Off. The maximum number of compensatory time -off hours accumulated may not exceed 120 total hours. The employee may request compensatory time off in accordance with the other time off provisions within this Agreement. All hours accumulated and not used by the employee by September 30 of each year, shall be contributed to that employees VEBA account. When a unit member who is a paramedic elects to be paid for compensatory time their rate of pay shall include the paramedic incentive. Members may elect to change to receive overtime or comp time one (1) time each quarter. Any change must be submitted by the end of the first pay period of each quarter, (Jan, April, July and October). 44 Fire Collective Bargaining Agreement 2023-2026 Page 65 of 193 ARTICLE XVIII: LIGHT DUTY Section 18.1: Compensation. Light Duty shall be provided, only for work related injuries and when required by a healthcare provider for pregnancy. 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, as if they were still on a 24/48 schedule however, unless otherwise required by law, the total earned or received from all sources, including STD, LTD, paid time off 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. Light Duty, if assigned, will begin as and when determined by the Chief. Section 18.2: Determination 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. Light duty shall neither be automatically provided within the stations nor as a 24-hour shift and shall be at the sole discretion of the Chief. 45 Fire Collective Bargaining Agreement 2023-2026 Page 66 of 193 ARTICLE XIX: WAGES Section 19.1: Pay Increases. Pay increases for Fiscal Years 2023/24, 2024/25 and 2025/26, effective upon ratification of this Agreement by both parties, shall be as follows: 1. For Fiscal Year 2023/24, effective upon ratification of this agreement by both parties, bargaining unit employees shall receive base wage increases on October 2, 2023 as reflected in Appendix A hereto. These increases shall not be applied retroactively. Bargaining unit members will have their pay adjusted according to the Industry Based Competitive Adjustment Scale to reflect years in grade. 2. For Fiscal Year 2024/25, effective upon ratification of this agreement by both parties, bargaining unit employees shall receive 3% base wage increases on October 14, 2024 as reflected in Appendix A hereto. These increases shall not be applied retroactively. 3. For Fiscal Year 2025/26 bargaining unit employees shall receive 3% base wage increases on October 13, 2025 as reflected in Appendix A hereto. 4. To be eligible for these pay increases, the employee must be employed with the City in a bargaining unit position as of the date of ratification of this Agreement by both parties. 5. No other wage increases shall be provided through the term of this Agreement. 46 Fire Collective Bargaining Agreement 2023-2026 Page 67 of 193 Section 19.2: Paramedic Incentive Pay. A. All bargaining unit employees who were hired as a paramedic or hired as an EMT with the requirement to become a paramedic shall be required to maintain their State of Florida paramedic license and Orange County Medical Director's certification (Letter of Affirmation) for the duration of employment. Such employees who lose their State paramedic license or their Orange County Medical Director's certification may be terminated from employment. B. Effective Fiscal Year 2023/24, personnel that possess and maintain a Certified Orange County Paramedic certification shall receive an hourly rate increase ($ 3.2624 per hour) equal to $9,500.14. This incentive will begin after probation and Orange County Protocol tested and passed. C. Effective Fiscal Year 2024/25, personnel that possess and maintains a Certified Orange County Paramedic certification shall receive an hourly rate increase ($3.4341 per hour) equal to $10,000.12. This incentive will begin after probation and Orange County Protocol tested and passed. No other wage increases shall be provided through the term of this agreement. Section 19.3: Other Incentive Pav A. The City agrees to pay employees $500.00 per year that are fluent in the Spanish or Creole language. 47 Fire Collective Bargaining Agreement 2023-2026 Page 68 of 193 B. The City agrees to pay up to 6 employees as Department FTOs $1000.00 per year (prorated if the employee works less than the entire year as an FTO). C. The City agrees to pay employees approved as Department Paramedic Preceptors $1.00 per hour for all hours worked while precepting an assigned student. D. The Fire Department shall post the requirements for EMS Preceptors/FTOs. The Fire Chief shall select qualified EMS Preceptors/FTO's as needed to meet department needs. Employees shall be compensated on a bi-weekly basis during the period selected and operating in these roles. E. The City agrees to pay paramedics an additional $1.00 per hour for each hour worked while assigned on a rescue, and EMTs an additional $0.50 per hour for each hour worked while assigned to a rescue. To be eligible for the additional amounts, the employee has to work 4 or more hours of the shift on the rescue. F. Bargaining unit employees will be compensated for meeting requirements as outlined in the Career Tracking Incentive Program, also included in Appendix A Section 19.4: Startinq Pav Effective upon ratification of this Agreement by both parties, the following minimum and maximum rates will apply: 48 Fire Collective Bargaining Agreement 2023-2026 Page 69 of 193 FY23/24 FY 24/25 FY 25/26 Firefighter Rates Minimum Maximum Minimum Maximum Minimum Maximum 16.2223 25.3014 16.7090 26.0604 17.2103 26.8422 1,816.90 2,833.76 1,871.41 2,918.76 1,927.55 3,006.33 47,239.40 73,677.68 48,656.66 75,887.76 50,116.30 78,164.58 Engineer Rates Minimum Maximum Minimum Maximum Minimum Maximum 17.6850 27.5824 18.2156 28.4099 18.7621 29.2622 1,980.72 3,089.23 2,040.15 3,181.91 2,101.36 3,277.37 51,498.72 80,319.98 53,043.90 82,729.66 54,635.36 85,211.62 Lieutenant Rates Minimum Maximum Minimum Maximum Minimum Maximum 21.3866 33.3557 22.0282 34.3564 22.6890 35.3871 2,395.30 3,735.84 2,467.16 3,847.92 2,541.17 3,963.36 62,277.80 97,131.84 64,146.16 100,045.92 66,070.42 103,047.36 49 Fire Collective Bargaining Agreement 2023-2026 Page 70 of 193 ARTICLE XX: UNIFORMS AND EQUIPMENT Section 20.1: Uniforms. Uniform classes are described in Department Policies and Procedures. Class A to be worn on official duties (i.e. Funerals) Class B (short sleeve dress shirt and pants) to be worn for day-to-day operations including all PR events, company inspections and station tours Class C may be worn during reduced activity period Class D to be worn after 8pm Section 20.2: Initial Issue. A. New firefighters will be issued the following clothing: 2 Blue Dress shirt, short sleeve 1 Blue Dress shirt, long sleeve 1 Tie 2 Pant — plain blue, Class A/B 4 Pants —BDU 6 T-Shirts 2 Gym shorts 1 Sweat pants 2 Sweat shirts 1 Pair Uniform shoes/boots 1 Badge 50 Fire Collective Bargaining Agreement 2023-2026 Page 71 of 193 1 Sets collar brass 1 Name tags 1 Time of Service tags 1 Raincoat 1 Winter coat 1 Baseball Cap 1 Belt 1 Complete set of approved Bunker Gear Any other uniforms or equipment provided for in Department Policies and Procedures B. Certified Firefighters/Fire inspectors while conducting required building and property inspections, 40 hours per week day shift, with the approval of the fire chief, may be allowed to wear appropriate fire department golf shirts. During PR events, station tours and any business meetings conducted at City Hall or any other professional setting, appropriate Class B attire must be worn or as required by the Chief. Section 20.3: Replacement. All employees who have at least one (1) year of continuous service shall be credited with a one-time clothing/shoe allowance by October 31 st of each year to be used for uniform replacement of Class A-D in the following amount: Shift bargaining unit employees -- $ 600.00 Amounts credited that are not used by September 1 st of the year or upon the cessation of employment shall revert back to the City. 51 Fire Collective Bargaining Agreement 2023-2026 Page 72 of 193 Upon completion of a new hires first probationary period, the employee shall receive a prorated uniform allotment in the amount of $50.00 per month until the end of the current fiscal year. Example: bargaining unit member completes his/her probationary period on May 1 st, they will receive the uniform allotment on June 1 st in the amount of $50.00 and continue until the end of the fiscal year (June, July, August, and September). Employee will be awarded the full amount uniform allowance in October, on schedule with all bargaining unit members. All uniform items required upon promotion will be issued at no cost to the employee. FF to Engineer: 1 Badge Engineer to Lieutenant: 1 Badge 1 Set Collar Brass 1 Name Tag 2 White Dress shirts, short sleeve 1 White Dress shirt, long sleeve 6 T-shirts 52 Fire Collective Bargaining Agreement 2023-2026 Page 73 of 193 Section 20.4: Maintenance. Employees 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 clothes, including undamaged uniforms and other clothes. If uniforms are soiled or damaged during an emergency scene, items shall be replaced at no charge by approval of the Fire Chief or his/her designee. Section 20.5: Chanqes. Any changes shall be paid using the clothing/shoe allowance unless changes are made by management. If made by management, then items will be exchanged item for item. 53 Fire Collective Bargaining Agreement 2023-2026 Page 74 of 193 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 non-exempt non -bargaining City employees, unless otherwise specifically provided in this Article. Section 21.2: Promotional Probation. Employees promoted to a higher rank shall serve a six (6) month probationary period. After the successful completion of the Ride -Up task book, employees will be allowed to work a higher classification. Section 21.3: Grievances. Unless specifically provided in this Agreement, employees who have not successfully completed their initial new -hire probationary period under Section 21.1 shall not have access to Article VI for purposes of discipline, termination, or separation from employment. Section 21.4: Transfers and Waivinq Probation. To be considered for a transfer into or the employment in the position of Firefighter, including engineer and lieutenant positions, from within or from outside the OFD the following shall be required: A. An application must be filed during the period of the annual advertisement. B. The applicant must be determined by the Chief to meet all of the minimum qualifications established by the Department, CBA and City. 54 Fire Collective Bargaining Agreement 2023-2026 Page 75 of 193 C. If determined to meet all the minimum qualifications, the applicant must pass all written, practical and other tests established by the Department with the passing grade established by the Chief. D. If an employee, the applicant's last job performance evaluation must have been "above operational, Meets Expectations" or better and none of the applicant's last three (3) job performance evaluations were "Below operational/Needs Improvement". E. If an employee, not have had a written warning or more severe discipline in the last twelve (12) months prior to applying. F. Persons hired or employees transferred into the Fire Department shall be required to successfully complete the Departmental probationary period during which time they shall serve at the will and pleasure of the Chief as employees of the City as well as in their position in the Fire Department. Any City employee transferring to a position covered by this bargaining unit within the Ocoee Fire Department from any other division/department shall start at the entry rate of pay, according to the prevailing pay plan. 55 Fire Collective Bargaining Agreement 2023-2026 Page 76 of 193 ARTICLE XXII: REDUCED ACTIVITY PERIOD Section 22.1: Hours. Subject to operational needs, there shall be a period of reduced activity on each shift which should normally run from 1700 to 0630. Section 22.2: Activitv. 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 Department Policies and Procedures or the Battalion Chief. 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: Emerqencies. Hurricanes, riots, floods or emergencies that demand extended tours of duty or recall duty will permit use of beds at the discretion of the Battalion Chief. Section 22.4: Contact Sports. There shall be no contact sports while on duty at any time, including but not limited to basketball, football or soccer unless specifically approved by the Chief or his/her designee. Section 22.5: Adverse Weather Protocol. The City and the Union agree to follow the Department Policies and Procedures regarding adverse weather issues. 56 Fire Collective Bargaining Agreement 2023-2026 Page 77 of 193 ARTICLE XXIII: CONTINUOUS EMPLOYMENT Section 23.1: PTO Vacation Picks. When one (1) or more bargaining unit employees seeks to use paid time off leave for vacation under the City PRR, the employee with the most time in each position will be given preference unless the Chief, or his designee, determines such a preference in a particular instance will interfere with Departmental operations. Annual PTO Vacations (initial picks) shall be picked according to rank in seniority, with no more than five (5) consecutive shifts and not more than ten (10) shifts in a calendar year being selected. Four (4) bargaining unit employees are allowed off at initial annual PTO vacation pick selection. Lieutenant 1 St pick Engineer 2nd pick Firefighter 3rd pick Section 23.2: Lavoff and Recall. Layoff and recall shall be in accordance with the City PRR. 57 Fire Collective Bargaining Agreement 2023-2026 Page 78 of 193 Section 23.3: Shift and Station Vacancies 1. Employees who desire to transfer to different shifts and stations may submit a written request to the Fire Chief or his designee twice each year, once during the month of January and once during the month of July of each year. Such requests shall be limited to a primary and secondary pick. Requests that are made during the month of January shall remain in effect from February 1St through July 31 of that year. Requests that are made during the month of July shall remain in effect from August 1 through January 31 of the following year. 2. The Fire Chief shall consider employee transfer requests in filling shift and station vacancies caused by retirements, promotions, resignation, terminations, or demotions, other than those created by an employee filling a vacancy pursuant to a transfer request. If the Fire Chief does not select the most senior qualified requester for the vacancy, the Fire Chief shall provide the reasons for the decision in writing. 3. Employees who are transferred to different shifts at their request will forfeit already scheduled vacation/PTO selections. Employees who are transferred to different shifts as determined by management not pursuant to a request by the employee may elect to retain already scheduled vacation/PTO on the closest dates to their original vacation/PTO selections (e.g., an A -shift employee who selects PTO on July 1 st and later transfers to B-shift may take PTO on July 2nd). 58 Fire Collective Bargaining Agreement 2023-2026 Page 79 of 193 Section 23A Mutual Consent Transfers 1. Bargaining unit employees of equal rank and qualifications (as listed in the electronic scheduling system) may transfer across shifts, provided that such transfers are mutually agreed -to and are submitted in writing to the Fire Chief or his designee for approval. If the Fire Chief denies the mutual transfer request, he shall provide the reasons for the denial in writing. 2. To be eligible for mutual consent transfers, Firefighters must have a minimum of four (4) years of service; Engineers and Lieutenants must have a minimum of three (3) years of time in grade. 3. Notwithstanding the provisions of paragraph B.1 above, the Fire Chief may allow EMTs and Paramedics who meet all the other qualifications for the transfer to mutually transfer. 4. Employees can mutually transfer no more than once every three (3) years, calculated on a rolling three (3)-year basis. 59 Fire Collective Bargaining Agreement 2023-2026 Page 80 of 193 ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT The City agrees to reimburse employees the cost of replacing or repairing wristwatches and prescription eyeglasses, but not contact lenses, 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 $150.00. 2. The employee must make the claim during the shift on which the 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. ME Fire Collective Bargaining Agreement 2023-2026 Page 81 of 193 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. All new employees must be tobacco free for at least one year before initial employment. Additionally, all employees hired after October 1, 2005 must remain continually tobacco free (including no vaping or e-cigarettes) both on and off -duty in order to maintain continued employment with the City of Ocoee Fire Department. The Union recognizes the potential adverse impact of continued tobacco use on the grandfathered bargaining unit employees' benefits under the Florida firefighter cancer presumption law and the Florida Heart and Lung Bill. 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. 61 Fire Collective Bargaining Agreement 2023-2026 Page 82 of 193 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. The Union may consult with the City's safety representative and make recommendations in safety matters. Section 25.3: Medical Examinations. A. Medical examinations (Physicals) will be required for all employees every year and will be conducted by physicians selected by the City. The time necessary for the annual physicals shall be scheduled on -duty and will be considered as time worked. The City shall pay for all medical and psychological exams (if necessary for fitness for duty issues). Employees will be responsible for 50% of the cost of the physical for missed appointments except in cases of circumstances beyond their control, i.e. family or medical emergencies to be evaluated on a case -by -case basis. The union will be notified of the scheduled dates for physicals at least 30 days prior. Employees will be required to reschedule on their own time and without pay within 90 days. All medical examinations will include a test to determine the presence of illegal controlled substances. All employees will be tested for nicotine. Employees testing positive for nicotine that are not grandfathered will be given 6 months to become nicotine free. Failure to become nicotine free, will result in disciplinary action up to and including termination of employment. B. Any medical or psychological exam that results in the employee being considered as unfit for duty, shall be addressed using terms outlined in Article XV111: LIGHT DUTY. Should the employee provide qualified medical information to return to duty 62 Fire Collective Bargaining Agreement 2023-2026 Page 83 of 193 before the City believes the employee may return, and a final determination is made that the employee could have returned sooner, then the City shall return that portion of the paid time off used after the documentation was provided. C. Present incentives will cease and future incentives will be based on City wide plans and subject to Health care plan for all other non -bargaining unit employees. D. Annual physicals will include the following: Life Scan Wellness Centers Public Safety Physical Exam or comparable exam Public Safety Annual physical QuantiFERON (TB test) Chest x-ray (baseline and every 5 years) Refusal or failure to take a medical or psychological examination required by the City 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 herjob, 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 medical treatment prescribed shall be subject to disciplinary action up to and including termination. Section 25.5: Good Health Activities. Unless assigned to other duties, each employee shall 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. 63 Fire Collective Bargaining Agreement 2023-2026 Page 84 of 193 Concentration should be placed on warm-up exercises, to include stretching and flexing to prevent injuries. Exercise should also include aerobic strength training programs. Competitive and contact sports are not an approved form of exercise and are not permitted in the Department. 64 Fire Collective Bargaining Agreement 2023-2026 Page 85 of 193 ARTICLE XXVI: WORKING OUT OF CLASSIFICATION Section 26.1: Out of Class Pav Bargaining unit employees who work out of classification, in a higher classification, shall be paid a flat rate for the entire 24-hour shift, as long as they work at least 3 hours of continuous work in the higher classification. Compensation for working out of classification will be as follows: Firefighter working as an Engineer: Engineer working as a Lieutenant: Lieutenant working as a Battalion Chief: Or can choose to receive Firefighter working as an Engineer: Engineer working as a Lieutenant: Lieutenant working as a Battalion Chief: $25.00 per shift $50.00 per shift $100.00 per shift 3 hours comp time per shift 4 hours comp time per shift 7 hours comp time per shift If a bargaining unit member is on the promotion list, they shall be given the option to ride up. Bargaining unit members who have completed all required training and have been approved by Fire Administration to ride up out of class shall be used on their normally assigned shifts based on operational needs. The City and Union agree a list of lieutenants who wish to work out of class as a battalion chief, shall be used on a per shift rotating basis, when the department determines the need to fill the position. Section 26.2: Floaters. The Battalion Chief on duty will make the determination to float the necessary personnel to the station that requires the staffing 65 Fire Collective Bargaining Agreement 2023-2026 Page 86 of 193 ARTICLE XXVII: EDUCATION Section 27.1 The Education Incentive Program shall be a reimbursement plan and any courses and programs will be approved solely by the Chief and in accordance with the guidelines and any changes deemed necessary by the Education Committee. Section 27.2 A. Bargaining unit employees hired after October 1, 2020 who are required to attain licensure as a State of Florida certified Paramedic shall be eligible to have their tuition paid for by the City through tuition reimbursement, pre -payment, or a combination of the two as determined by the City, subject to the following conditions. Tuition payment shall include in -state tuition, books, and other regular fees associated with the program, but shall exclude late fees, fines, and any other expenses. The City shall establish the procedures for requesting paramedic program tuition payment. A minimum of four (4) employees per fiscal year shall be approved for paramedic program tuition payment. The City may approve additional employees for paramedic program tuition payment if sufficient budgeted funding is available. B. Employees who have their tuition paid for by the City will be required to reimburse the City for the entire amount of all reimbursement received or pre -payment for the approved paramedic program if: (1) They separate from City employment for any reason, other than layoff due to organizational needs, prior to attaining initial licensure as a State of Florida certified Paramedic. Fire Collective Bargaining Agreement 2023-2026 Page 87 of 193 (2) They fail to obtain licensure as a State of Florida certified Paramedic or fail to successfully pass the Orange County Medical Director's protocol test to become a stand-alone paramedic within thirty-six (36) months of their initial hire. (3) They separate from City employment for any reason, other than layoff due to organizational needs, fail to maintain State of Florida paramedic certification, fail to maintain stand-alone paramedic status, or fail to remain in compliance with Orange County Medical Director's Office protocol requirements prior to completion of thirty-six (36) months of employment following their approval as a stand-alone paramedic by the Orange County Medical Director's Office. The City may make exceptions to this reimbursement at its sole discretion on a case -by - case basis. C. Employees shall be required to sign a tuition reimbursement agreement consistent with the above terms created by the City as a condition of receiving paramedic program tuition payment. 67 Fire Collective Bargaining Agreement 2023-2026 Page 88 of 193 ARTICLE XXVIII: VEBA — OTHER POST -EMPLOYMENT BENEFITS The parties agree to participate in a Voluntary Employee Benefits Association — Section 28.1: VEBA Contributions The VEBA contributions referred to in this Agreement shall be automatically deducted from the member each payday prior to the calculation of taxes. The monies shall be deposited in the member's account as directed by the member. In the event that the member has not determined what account the monies should be deposited to, the default will be that account/fund that is designated as a savings account. Section 28.2: Annual Phvsical Program A. Unit members participating in the City's Physical Assessment Program shall receive a contribution from the City of $300 per year for employees with single coverage and $600 per year for employees with family coverage paid into the member's VEBA account. Members are required to meet with the medical staff to review the results of the Physical Assessment testing. 1. The money will be placed in the active side of the VEBA for each qualified member. 2. The Health Reimbursement Account or HRA funded by the City to reimburse members with medical deductible expenses will be reduced by the amount listed above by the members respective coverage in January. B. The employees will have the opportunity annually in the month of September to sell back 20% of their paid time off accrual for cash at their standard hourly rate including paramedic incentive for those who qualify; however, 5% of the 20% will be Fire Collective Bargaining Agreement 2023-2026 Page 89 of 193 placed in the VEBA account. The remaining 15% will be paid to the employee. The employee must have a minimum of 60 hours to participate in this program. C. Any bargaining unit employee who terminates, resigns, retires or otherwise leaves employment with the City must contribute 25% of their accrued time off to their VEBA account. D. In addition, 12 hours of paid time will be contributed to the employee's VEBA account the first payroll after October 1 of each year through the term of the contract instead of increasing the Floating Holiday time. Fire Collective Bargaining Agreement 2023-2026 Page 90 of 193 ARTICLE XXVIII: DURATION This contract shall remain in full force and effect through midnight September 30, 2023 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, 2026. International Association of Fire Fighters, Local 3623 By: Date: Name Date: Name Date: Name Date: 70 City Manager Date: Fire Chief Date: Human Resources Director Date: Mayor Date: Fire Collective Bargaining Agreement 2023-2026 Page 91 of 193 RATIFICATION This collective bargaining agreement was ratified by the parties on the dates set forth below: Date Ratified: Date Approved: International Association of Fire City Clerk, City of Ocoee Fighters, Local 3623 71 Fire Collective Bargaining Agreement 2023-2026 Page 92 of 193 Position Base Salary 1 Ye ars 2 Years 3 Years 4 Years 5 Years 6 Years 7 Years 8 Years 9 Years Firefighter 16.2223 16.6279 17.0436 17.4697 17.9064 18.3541 18.813 19.2833 19.7654 20.2595 $ 47,239.34 $ 48,420.44 $ 49,630.96 S 50,871.77 $ 52,143.44 $ 53,447.14 $ 54,783.46 S 56,152.97 $ 57,556.84 $ 58,995.66 Position 10 Years 11 Years 12 Years 13 Years 14 Years 15 Years 16 Years 17 Years 18 Years 19 Years Firefighter 20.766 21.2852 21.8173 22.3627 22.9218 23.4948 24.0822 24.6843 25.3014 $ 60,470.59 $ 61,982.50 $ 63,531.98 $ 65,120.18 $ 66,748.28 $ 68,416.86 $ 70,127.37 S 71,880.68 $ 73,677.68 Position Base Salary 1 Years 2 Years 3 Years 4 Years 5 Years 6 Years 7 Years 8 Years Mars Engineer 17.685 18.1271 18.5803 19.0448 19.5209 20.0089 20.5091 21.0218 21.5473 22.086 $ 51,498.72 $ 52,786.24 $ 54,105.74 $ 55,458.52 S 56,844.84 $ 58,266.00 $ 59,722.52 S 61,215.44 $ 62,745.80 $ 64,314.38 Position 10 Years 11 Years 12 Years 13 Years 14 Years 15 Years 16 Years 17 Years 18 Years 19 Years Engineer 22.6382 23.2042 23.7843 24.3789 24.9884 25.6131 26.2534 26.9097 27.5824 $ 65,922.48 $ 67,570.62 $ 69,259.84 $ 70,991.44 S 72,766.20 $ 74,585.42 $ 76,449.88 S 78,361.14 $ 80,319.98 Position Base Salary 1 Years 2 Years 3 Years 4 Years 5 Years 6 Years 7 Years 8 Years 9 Years Lieutenant 21.3866 21.9213 22.4693 23.031 23.6068 24.197 24.8019 25.4219 26.0574 26.7088 LPosition $ 62,277.80 $ 63,834.94 $ 65,430.56 $ 67,066.22 $ 68,742.96 $ 70,461.56 $ 72,223.06 S 74,028.50 $ 75,879.18 $ 77,776.14 10 Years 11 Years 12 Years 13 Years 14 Years 15 Years 16 Years 17 Years 18 Years 19 Years Lieutenant 27.3765 28.0609 28.7624 29.4815 30.2185 30.974 31.7484 32.5421 33.3557 S 79,720.42 $ 81,713.32 $ 83,756.14 1 $ 85,850.18 $ 87,996.22 $ 90,196.34 $ 92,451.32 S 94,762.72 ( $ 97,131.84 N O N ro N O N 4- C a) v v on Q on c C m tw ru m v 4- 0 v v UL M O r v- O M O N 0) m 0- 13 m 0 A DDto 7,0 SASE PA)/ r Career prack, ng it7cel7f, s '/Vct/vrjVE POSIP/o/v gl-W�Ce/(t V P4 yAf4()tj/Vr $ 3�88 S8$ $6S,88 per (Per P orlocl)"�e77 6p,,p(, orlocl ) 1 Pay Porlod) ) $.36.per dour S-61 per holir 'N IrefIgh ter 1// .Engineer tt 4/eut,,,,,t It n jeperb" "F ut „.8-72per'bo4t, 73 ,Is 7-IA4A TED PAR-r, Fy 7C/PZ412SA/VrS 16 12 12 4 Page 94 Of 193 Fire Department Career Tracking Program Position Requirements Firefighter 11 > 1 year as a Firefighter • Firefighter Safety: Calling the May Day a Successful completion of the State of Florida Apparatus Operations and Fire Service Hydraulics class • A minimum of 40 hours of documented drive time $TBD per hour . ICS-100: Introduction to ICS for Operational First Responders • ICS 200: Basic NIMS ICS for Operational First Responders Flrefighter III 3 years as a Firefighter II • Valid "Class E" driver's license or an equivalent CDL Apparatus and Pump Operator Certificatlon for the State of Florida • 72 hours of seat time $TBD per hour Successful completion of the Ride up Engineer's Task book • Completion of four (4) hour Target Solutions Driver Safety training class • Completion of department's pumping and driving test • Eligible to submit request for Engineer ride -up consideration Engineer I • Promotional requirements as outlined In the CBA (Promotion %) • Selected by the Fire Chief for promotion Engineer 11 • z 1 year as an Engineer I • Florida Fire Officer 1-- Building Construction $TBD per hour Completion of the Ride up Lieutenant Task Book • Complete 72 hours seat time • Eligible to submit request for Lieutenant ride -up consideration - Engineer III . z 3 years as an Engineer 11 Successful completion of department -approved Incident Safety Officer Course $TBD per hour Successful completion of the Engineer III In-house training packet (See Attached) Lieutenant Promotional requirements as outlined In the CBA (Promotion %) Selected by the Fire Chief for promotion Lieutenant 11 $T6D per hour Lieutenant III $TBD per hour Revised 6/16/23 • 1 year as a Lieutenant I After 0610112023 AS Degree In Fire Science or Fire Officer 11 State of Florida Certification • ICS — 300 • FEMA IS-29 Public information Officer Completion of the Ride up Battalion Chief Task Book • Successful completion of a department -approved Incident Response Safety Course (Vector Solutions) • Eligible to submit request for Battalion Chief ride -up consideration • �_> 3 years as a Lieutenant II • Successful completion of Fire Officer 11 classes, task book, and state test or AS Degree In Fire Science Successful completion of the Lieutenant III in-house training packet (See Attached) PROGRAM HOURLY PAY EFFECTIVE: 74 Page 95 of 193 CITY OF OCOEE FIRE DEPARTMENT CAREER TRACKING PROGRAM IN House TRAINING REQUIREMENTS I Origination Date: June 18, 2023 Revision Date: Listed are the advanced trairdng requirements for each rank, which must be successfully completed, prior to a firefighter submitting a request to progress to Level III status. This document coincides with the Fire Department Career Tracking Program and satisfies the in-house training packet requirement for each rank. Engineer III 0 Command School — 40 hrs. a Florida State Emergency Response Plan (Required for F02) s ICS-300: IntermedialoAll-HazardNlMS ICS Review forExpanding Incidents (Q0464) • I8-230 fundamentals of Emergency Management (FEMA Self -study) • 18-240 Leadership & Influence (FEMA Self -study) Introduction to hire Behavior in. Single Family Dwelling (Q0368) • 'Vector Solutions: Leadership and Ethics Lieutenant III • ICS-400: Fundamentals Review for Command and General Staff (Q0466) • Instructor JI Certification • Florida State Certified - Incident Safety Officer • IS-321 Hurricane Mitigation. Basics (FEMA Self -study) IS-324 A Community Hurricane Preparedness (FEMA Self -study) • Principles of Building Construction (Q0751 - NFASelf-study) • Vector Solutions: NFPA 1021 Leadership as a Group Influence • Vector Solutions: NFPA 1021 Company -Level Training 75 Page 96 of 193 APPENDIX B CITY OF OCOEE FIRE DEPARTMENT GRIEVANCE FORM Name of Grievant: Date of alleged event: Specific Articles) and paragraphs allegedly violated: Statement of facts pertaining to or giving rise to alleged grievance: Specific relief requested: Signature of Union President IAFF-Local 3623 Date: Signature of Grievant: 76 Page 97 of 193