HomeMy WebLinkAbout11-15-11 Emergency Item - Approval of Three Year Collective Barganing Agreement Center of Good Ll
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AGENDA ITEM COVER SHEET
Meeting Date: 11/15/11
Item # 'C.YY r5encv Ir
Reviewed By:
Contact Name: Gene Williford Department Director: - � ��
Contact Number: 1032 City Manager: / //
Subject: Approval of the 3 year Collective Bargaining Agreement between the City and IAFF.
Background Summary:
This Collective Bargaining Agreement governs the terms and conditions of employment for Fire Department
Employees covered under the IAFF Union.
Issue:
The previous Collective Bargaining Agreement with the IAFF ended September 30, 2011.
Recommendations
Staff respectfully recommends the Commission adopt the Collective Bargaining Agreement.
Attachments:
Attachments include the entire Collective Bargaining Agreement document.
Financial Impact:
The salary increase for Fiscal Year 2011/2012 will be 3% on April 1, 2012, which is the 3% returned by the
IAFF last year. In addition, they will receive 2.5% in Fiscal Years 2012/2013 and 2013/2014 respectively.
The incentive pay and other increase will come from the Fire Department's overall budget.
Type of Item:
❑ Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
❑ Ordinance Second Reading ❑ Public Hearing
❑ Resolution ❑ Regular Agenda
❑ Commission Approval
❑ Discussion & Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ❑ N/A
Reviewed by Finance Dept. ❑ N/A
Reviewed by ( ) ❑ N/A
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
IAFF, LOCAL 3623
AND
CITY OF OCOEE
Effective Dates: October 1, 2011 to September 30, 2014
TABLE OF CONTENTS
ARTICLE I: RECOGNITION AND INTENT OF AGREEMENT
Section 1.1 Parties 1
Section 1.2 Recognition 1
Section 1.3 Entire Agreement 1
Section 1.4 Effect of Laws and Ordinances 1
Section 1.5 Purpose 2
ARTICLE II: DECLARATION OF PRINCIPLES
Section 2.1 Union Activities 3
Section 2.2 Non - Discrimination 3
ARTICLE III: UNION SECURITY AND CHECKOFF
Section 3.1 Dues 4
Section 3.2 Amount 4
Section 3.3 Remittance 4
Section 3.4 Recourse 5
Section 3.5 Minimum Pay 5
Section 3.6 Withdrawal 5
Section 3.7 Indemnity 5
ARTICLE IV: UNION BUSINESS
Section 4.1 Representation and Notice 6
Section 4.2 Activities 6
Section 4.3 Time 6
Section 4.4 Visitation 7
Section 4.5 Solicitation and Distribution 7
Section 4.6 Time -Off Without Loss of Pay 8
Section 4.7 Bulletin Boards and E -mail 8
ARTICLE V: MANAGEMENT RIGHTS
Section 5.1 Functions of Management 9
Section 5.2 Operations and Direction of Work Force 9
Section 5.3 Examples of Management Rights 9
Section 5.4 Restrictions Under this Agreement 12
Section 5.5 Waiver 12
Section 5.6 Emergencies 12
Section 5.7 Job Duties 13
ARTICLE VI: GRIEVANCE AND ARBITRATION
Section 6.1 Grievance 14
Section 6.2 Grievance Procedure 14
Section 6.3 Mediation and Arbitration 16
Section 6.4 Selection and Cost of Arbitrator 17
Section 6.5 Authority of Arbitrator 17
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Section 6.6 Time Limits 18
Section 6.7 Burden of Proof 18
Section 6.8 Precedent 18
Section 6.9 Arbitrators 18
Section 6.10 Grievances by Non -Union Member 19
Section 6.11 General 19
Section 6.12 Time Off /Pay 20
Section 6.13 Limitations 20
ARTICLE VII: PROMOTION
Section 7.1 Promotion Eligibility List and Promotion 21
Section 7.2 Application of City PRR 23
ARTICLE VIII: VOTING 24
ARTICLE IX: SPECIAL MEETINGS 25
ARTICLE X: NON - BARBAINING UNIT EMPLOYEES 26
ARTICLE XI: INSURANCE AND PENSION
Section 11.1 Insurance 27
Section 11.2 Pension 27
Section 11.3 Pension Multiplier 27
Section 11.4 VEBA — Other Post - Employment Benefits 27
ARTICLE XII: STRIKES 28
ARTICLE XIII: SHIFT SWAPS
Section 13.1 Application 29
Section 13.2 Payback 29
Section 13.3 Authorization 29
Section 13.4 Emergencies 29
Section 13.5 Qualifications 29
ARTICLE XIV: HOLIDAYS
Section 14.1 Days Observed 30
Section 14.2 Eligibility for Holiday Pay 30
ARTICLE XV: PAID TIME OFF
Section 15.1 Eligibility 32
Section 15.2 Accrual of Leave 32
Section 15.3 Charging Leave 33
Section 15.4 PRR 33
Section 15.5 33
Section 15.6 33
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ARTICLE XVI: USE OF PERSONAL VEHICLES 34
ARTICLE XVII: HOURS OF WORK AND WORK SCHEDULE
Section 17.1 Basic Work Schedule 35
Section 17.2 Overtime 35
Section 17.3 Assignment of Overtime 36
ARTICLE XVIII: LIGHT DUTY
Section 18.1 38
Section 18.2 38
ARTICLE XIX: WAGES
Section 19.1 Step Plan 39
Section 19.2 Step Plan Implementation 39
Section 19.3 Maximum of Step Plan 39
Section 19.4 Paramedic Incentive Pay 40
ARTICLE XX: UNIFORMS AND EQUIPMENT
Section 20.1 Uniforms 41
Section 20.2 Initial Issue 41
Section 20.3 Replacement 41
Section 20.4 Maintenance 43
Section 20.5 Changes 43
ARTICLE XXI: PROBATIONARY PERIOD
Section 21.1 Initial Probationary Period 44
Section 21.2 Promotional Probation 44
Section 21.3 Grievances 44
Section 21.4 Transfers and Waiving Probation 44
ARTICLE XXII: REDUCED ACTIVITY PERIOD
Section 22.1 46
Section 22.2 Activity 46
Section 22.3 Good Health Activities 46
Section 22.4 Emergencies 46
Section 22.5 Contact Sports 47
ARTICLE XXIII: CONTIINUOUS EMPLOYMENT
Section 23.1 Definition 48
Section 23.2 Benefits 48
Section 23.3 Loss of Continuous Service 48
Section 23.4 Paid Time Off 49
Section 23.5 Floaters 49
Section 23.6 Layoff and Recall 49
ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT 50
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ARTICLE XXV: SAFETY, HEALTH AND PHYSICAL FITNESS
Section 25.1 General 51
Section 25.2 Equipment 51
Section 25.3 Medical Examinations 52
Section 25.4 Cooperation 54
Section 25.5 54
ARTICLE XXVI: WORKING OUT OF CLASSIFICATION 55
ARTICLE XXVII: EDUCATION 56
ARTICLE XXVIII: DURATION 57
RATIFICATION: 58
APPENDIX: PAY PLAN 59
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ARTICLE I: RECOGNITION AND INTENT
Section 1.1: Parties.
This Agreement (hereinafter "Agreement," "CBA" or "Contract ") is entered into by
and between the City of Ocoee (hereinafter, "Employer ") and the City of Ocoee
Professional Firefighters Union, I.A.F.F. Local #3623 (hereinafter, "the Union ").
Section 1.2: Recognition.
The City hereby recognizes the Union as the exclusive bargaining representative
for all regular full -time employees in the units certified by the Public Employees Relations
Commission certification in Case No. RC -96 -008 and Case No. RC- 2001 -037.
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.
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.
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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.
ARTICLE II: DECLARATION OF PRINCIPALS
Section 2.1: Union Activities.
City employees shall have the right to be represented by an employee organization
of their own choosing or to refrain from doing so in accordance with Florida Statutes
Chapter 447.
Section 2.2: Non - Discrimination.
A. There shall be no illegal discrimination against any employee in examination,
training, promotion, retention, or any other personnel action because of race, color, creed,
sex, sexual status, religion, age, national origin, marital status, or legally recognized
disability.
B. Employees with a legally recognized disability, who are otherwise qualified,
will be provided reasonable accommodation as determined by the City to fulfill the
essential functions of their job so long as such accommodation does not constitute an
undue hardship to the City.
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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 organizations are charged for direct deposit by the City. Direct
deposits will cease upon written notice, next payroll following written notice from the
employee of same.
Fire Contract Proposal Nov 14 2011 (3) (2) 7
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.
Fire Contract Proposal Nov 14 2011 (3) (2) 8
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 her /her
absence, his /her designee. The City will deal with only one (1) representative of the Union
with respect to each matter or grievance raised.
Section 4.2: Activities.
The Union President, or his designee, shall carry out their activities 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.
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.
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Section 4.4: Visitation.
The Chief, or his /her designee, shall permit one authorized non - employee Business
Agent of the Union reasonable access to the Fire Stations to handle grievances arising
under this Agreement after 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, which will normally be the ranking officer on duty at the station at
the time, before coming into any working area, and may, at the option of the Chief, or
his /her designee, be accompanied by a managerial employee in the event the Union agent
needs to visit a particular area of a station. The Business Agent will not in any way
interfere with the work of employees or the operations of the Department. If, during a visit,
the Business Agent wishes to have a private conversation with an employee, the Chief, or
his /her designee, will allow the same consistent with his /her determination of operational
needs. If the Union Business Agent needs access prior to 5:00 p.m., he shall obtain
permission from the Chief, or his /her designee, which permission will not be denied
unreasonably. During any such visit, the Business Agent shall not interfere with the work
or the operations of the Department.
Section 4.5: Solicitation and Distribution.
Except as modified by this Agreement, the Union, its members, agents,
representatives and all persons acting on its behalf, including the Employer's employees
covered by this Agreement, are strictly prohibited by law and this Agreement from
soliciting any of the Employer's employees, for Union purposes, during the work time of
any employee involved, and from distributing Union literature in any work area at any time.
Fire Contract Proposal Nov 14 2011 (3) (2) 10
It is understood and agreed that any employee who violates either of these prohibitions is
subject to discipline. ( "Work time" is any time, exclusive of breaks or mealtime during the
hours of a shift.)
Section 4.6: Time -Off Without Loss of Pay.
With respect to disciplinary proceedings under the City Personnel Rules and
Regulations (hereinafter "PRR "), bargaining unit employees who participate in such
proceeding, including an employee representative of the employee, if any, shall be treated
the same as all other City employees with respect to time off and pay. With respect to
contract negotiations between the Union and the City Manager, the Union President shall
not lose any pay for the work hours spent participating in such contract negotiations.
Section 4.7: Bulletin Boards 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 for review beforehand, and that materials which are derogatory,
abrasive, abusive, or critical about any person, or City policy, practice, employees or
officials are intemperate in language and /or are not related to legitimate Union business,
or which are factually inaccurate, will not be approved and if posted without advance
approval of the Chief. The bulletin board may not be used for any political purpose or to
support or oppose any political candidate or issue; provided however, it may be used for
internal elections held by the Union among its membership.
Fire Contract Proposal Nov 14 2011 (3) (2) 11
ARTICLE V: MANAGEMENT RIGHTS
Section 5.1: Functions of Management.
It is the function of management to determine and direct the policies, mode and
method of providing its services without any interference in the management and conduct
of the City's operations on the part of the Union or any of its representatives.
Section 5.2: Operations and Direction of Work Force.
The City shall continue to exercise the exclusive right to take any action it deems
necessary or appropriate in the management of its operations and the direction of its work
force. The City expressly reserves all rights, powers and authority customarily exercised
by management, and functions which the City has not expressly modified or delegated by
express provisions of this Agreement.
that thc City has the sole and exclusive right cxccpt as specifically provided for in this
Agreement, to manage and direct any and all of its operations. Accordingly, the City
specifically, but not by way of limitation, reserves thc sole and exclusive right to:
1. Exercise complete and unhampered control to manage, direct and totally
supervise all cmployccs of tho,�he City.
2. Takc whatever action may be necessary to carry out the mi° „ion and
responsibility of thc City in unusual and /or emergency situations.
3. Schedule and c -sign work, including overtime, to employees and determine
thc size and composition of the work force.
Fire Contract Proposal Nov 14 2011 (3) (2) 12
proccdure, materials, facilities, and equipment to bc used, and to introduce
new or improved cervices, maintenance procedures, materials, facilities, and
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6. Promote and /or otherwise establish the criteria and /or proccdure for
promotions, and to determine thc number, grade, and types of positions, in
any pay plan which is or may be developed by the City.
7. Fire, demote, suspcnd or otherwise discipline.
8. pro dies and standards to evaluate City cmploycc's job performance
and to evaluate them.
• .
10. Rchirc employccs.
11. Maintain the efficiency of thc operations of all departments of the City.
12. Determine thc allocation and content of job classifications and determine all
training paramctcrs for all City positions, including persons to bc trained and
cxtent and frcqucncy of training.
13. Formulatc, amend, revise and implement policy, rulcs and regulations, and
require employees to observe and obey thc City's policics, rulcs and
regulations.
Fire Contract Proposal Nov 14 2011 (3) (2) 13
14. Determine the number, location and operation of all departments and
divisions thcrcof.
15. Institute any bonus or work incentivc plan.
Agreement shall commence, c ..c, continue, rcducc or incr asc operations.
18. To determine thc starting and quitting time . • : • - • . - - • e - e :-
worked
19. To incr asc or deer ace thc number of jobs or employees.
20. To change materials, procesccs, products, service, equipment, production,
shifts and work schedules, and mcthods of operation.
21. To a °sign work and cquipment.
24. To contract and /or subcontract any existing or futurc work when good
busincsc judgment makcs such action advisable.
basis.
26. To dctcrminc job content.
27. To establish thc standards of conduct and work of employees.
28. -- - ----- -- - -- - - - - -... -- ;. _ - -'' -- -'.
to cxcrcisc these Fig- his and powers inc : - • - • - - e, - - - _ • - - • e
Fire Contract Proposal Nov 14 2011 (3) (2) 14
orderly and cfficicnt operation: of the City; provided, such changes do not
alter the specific provisions of this Agreement.
Section 5.4: Restrictions Under this Agreement.
The City reserves and retains fully and completely any and all management rights,
prerogatives and privileges except to the extent that such rights, prerogatives and
privileges are specifically limited by some express provision of this Agreement.
Section 5.5: Waiver.
The City's failure to exercise any function or right hereby reserved to it, or its
exercising any function or right in a particular way, shall not be deemed a waiver of this
right to exercise such function or right, nor preclude the City from exercising the same in
some other way not in conflict with the express provisions of this Agreement.
Section 5.6: Emergencies.
If, in the sole discretion of the City Manager, it is determined that a civil emergency
condition exists, including but not limited to riots, civil disorders, hurricane conditions or
other catastrophes, the provisions of this Agreement may be suspended by the City
Manager during the time of the declared emergency, except for monetary provisions.
Section 5.7: Job Duties.
It is understood by the parties that every incidental duty connected with operations
enumerated in job descriptions is not always specifically described and employees, at the
discretion of management, may be required to perform other duties not specifically
contained in their job description.
Fire Contract Proposal Nov 14 2011 (3) (2) 15
ARTICLE VI: GRIEVANCE AND ARBITRATION
Section 6.1: Grievance.
A grievance is defined as a difference between the City and any employee or the
Union involving an alleged violation or misapplication of a specific provision of this
Agreement. The definition of a grievance shall be strictly construed and no other matter
shall be subject to resolution under this Article without the written agreement of the City
and the Union. Whcn an Article or Section in this contract references or incorporates the
City Personnel Rules and Regulations (PRR) a claimed violation, misapplication or
misinterpretation of the PRR shall not be subjcct to this Article but may be grieved undcr
- - _ _ _ - - - .. The union, or any member of the bargaining unit may file a
grievance concerning the meaning, application, and /or interpretation of the specific articles
of this agreement, PRR's, or any disciplinary action when a question of "just cause" exists.
Such grievance will be processed as outlined in section 6.2.
Section 6.2: Grievance Procedure.
Whenever a grievance arises between the City and the employees or the Union, the
matter will be handled in accordance with the following procedure.
Step 1: Within seven (7) calendar days after the act or occurrence which
gives rise to the grievance, or the employee knew or should have known of such act
or occurrence, whichever first occurs, the employee shall meet to discuss the
grievance with the employee's immediate supervisor in an attempt to resolve same.
Step 2: If the grievance is not settled in Step 1 above, the grievance must
be reduced to writing and signed by the employee and presented to the Chief, or
his /her designee, within ten (10) calendar days of the act or occurrence which gives
Fire Contract Proposal Nov 14 2011 (3) (2) 16
rise to the grievance, or when the employee knew or should have known of such
act or occurrence, whichever first occurs, regardless of whether the meeting in Step
1 was held. The written grievance must include:
a. A signed statement of grievance and a summary of the facts on which the
grievance is based.
b. The remedy requested.
c. The Article and Section of the agreement, PRR, SOP or disciplinary action
which grievant claims has been violated.
d. A statement of the facts which arc claimed to constitute a violation of the
Agreement
Within ten (10) calendar days of presentation of the written, signed grievance, the
Chief, or his /her designee, and the Union President, and his /her designee, shall meet
and /or discuss the grievance. The Chief, or his /her designee, will respond in writing within
ten (10) calendar days of the meeting and /or discussion.
Step 3: If the grievance is not settled in Step 2 above, within ten (10)
calendar days of receipt of the Chief's response in Step 2, the Union shall notify the
City Human Resources Director in writing of its appeal of the grievance to Step 3.
Within ten (10) calendar days of delivery of the written notice of appeal to Step 3,
the City Manager, or his /her designee, shall meet and /or discuss the grievance with
the Union Business Agent and /or the Union President. The City Manager shall
respond in writing within ten (10) calendar days after the meeting or discussion.
The City Manager can extend the time limits for the meeting and decision in this
Step but must do so in writing within that ten (10) days.
Failure of the parties to meet to discuss the grievance within the time provided in
Steps 1, 2, and 3 of the grievance procedure or failure of the City to respond at any step
Fire Contract Proposal Nov 14 2011 (3) (2) 17
shall be deemed a denial of the grievance and require the Union 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. - • . - - • - - . - - se*: - - - - - - - - - - -
other administrative or judicial procccding. The employee grievant shall be entitled to be
present at any meeting held under Step 2 or Step 3.
Section 6.3: Mediation and Arbitration.
A. Mediation. Within ten (10) calendar days of receipt of the decision of the City
Manager, or the last day for said decision, whichever first occurs, the Union may invoke
mandatory mediation of the dispute. If mediation is invoked, the parties shall meet or
confer by telephone to select a mediator. If the parties are unable to select a mediator, the
City shall obtain a list of five (5) mediators from the American Arbitration Accociation
Federal Mediation and Conciliation Services (FMCS) and supply a copy of that list to the
Union. If the parties are unable to select a mediator from the list, the mediator shall be
selected by the alternate striking of mediators by the parties. The parties shall flip a coin
to determine which party strikes first. The mediator selected shall meet with the parties
and may meet separately with each party in an attempt to resolve the grievance. The cost
of mediation shall be borne equally by the parties. The mediation shall be held within thirty
(30) days of the selection of the mediator, unless the parties mutually agree otherwise.
B. Arbitration. Failure of the Union to invoke mediation shall constitute an
abandonment of the grievance and acceptance of the City's position. If the grievance is
not resolved through mediation under subsection A above, the grievance may be
Fire Contract Proposal Nov 14 2011 (3) (2) 18
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) calendar days after
the mediation meeting referred to in subsection A above. Submission to the arbitrator
shall be based exclusively on the written grievance as submitted in Steps 1, 2 and 3 of the
grievance procedure and shall include a copy of this Agreement.
Section 6.4: Selection and Cost of Arbitrator.
As soon as the request for arbitration is served as is conveniently possible, the
parties shall meet or confer by telephone in order to select an arbitrator to hear and decide
the grievance. If the parties are unable to agree to an arbitrator, the matter will be referred
to the arbitrator as provided in Section 6.9. Subject to Section 6.5, the arbitrator selected
shall decide the dispute and such decision shall be final and binding on the parties and the
employees. The expenses of the arbitrator shall be borne 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 employees, whether they be witnesses, potential
witnesses, representatives, or grievant, it utilizes in any arbitration proceeding.
Section 6.5: Authority of Arbitrator.
The jurisdiction of the arbitrator is limited and confined to determining whether there
has been a violation of the express terms of this Agreement. The arbitrator shall in no way
alter, amend, or modify the terms of this Agreement. The arbitrator shall not award any
monetary relief to any employee who has not filed and processed a grievance signed by
the employee and filed and processed in a timely manner. In the event the City should
voluntarily agree to arbitrate an employee disciplinary grievance, it shall notify the Union
after the grievance has been placed in writing in accordance with the City PRR, and upon
Fire Contract Proposal Nov 14 2011 (3) (2) 19
such notice, the grievance shall be handled in accordance with this Article, provided, the
arbitrator shall have no power to substitute his judgment for that of the City as to the
penalty imposed so long as he finds under the City PRR that the City had just cause for
disciplinary action.
Section 6.6: Time Limits.
The time limits set forth in Sections 6.2 and 6.3 are to be considered of the essence
of the grievance and arbitration procedure and failure of the employee or the Union to
meet any time limit set forth therein shall be irrebuttable and conclusively deemed to
constitute waiver of the grievance and acceptance of the City's position. The time limits in
Sections 6.2 and 6.3 may be extended in writing by mutual consent of the parties.
Section 6.7: Burden of Proof.
The party referring the matter to arbitration shall have the burden of proving a
violation of the contract by a preponderance of the evidence.
Section 6.8: Precedent.
In order to encourage prompt resolution of grievances, agreements and
compromises of grievances made under Sections 6.2 and 6.3 shall not be cited by either
party as precedent in any subsequent arbitration proceeding without the consent of the
other party.
Section 6.9: Arbitrators.
A. Within ten (10) calendar days from receipt of the notice of the intent to invoke
arbitration, if the parties are unable to agree to an arbitrator to decide the dispute, the
Union shall obtain a list of seven (7) arbitrators from the Federal Mediation and
Conciliation Service, all of whom must reside in the State of Florida. The Union shall
Fire Contract Proposal Nov 14 2011 (3) (2) 20
supply the City with a copy of the list of arbitrators. The Union and the City 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 employee or employees aggrieved, the City and the
Union in writing. It shall be the obligation of the arbitrator to make his best effort to rule
within twenty -one (21) business days after the hearing.
Section 6.10: Grievances by Non -Union Member.
When the Union refuses to process a grievance for an employee because of the
employee's non - membership in the Union, the employee shall have the right to process a
grievance under this Agreement, but cannot require arbitration of the grievance unless the
law requires otherwise, in which event, the employee shall have all the rights and assume
all the burdens, limitations and obligations, including financial obligations, of the Union
under this Article and any other Article that may apply to his /her grievance.
Section 6.11: General.
A. Therc shall be no class gricvanccs and Bach grievance shall be arbitratcd in
- . _ _ - . . - -. . . • - - - ._ - - - _ . __ -- - -- - . Any grievance that
affects more than one (1) bargaining union member shall be considered and arbitrated as
one (1) grievance.
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
Fire Contract Proposal Nov 14 2011 (3) (2) 21
grievance. The employee and the Union shall abide by the management decision involved
in any grievance prior to and during the time the grievance has been filed and being finally
resolved.
C. Either party that looses any part of the grievance shall pay the entire cost of
the Arbitration proceedings.
Section 6.12: Time Off /Pay.
Step 1 of the grievance procedure shall be carried out during the employee's work
hours at a time and place designated by the Chief based on operational needs, and the
employee shall lose no pay. The City shall determine when Steps 2, 3 and 4 shall be
processed, and if the Step or Steps are processed during their scheduled working hours,
neither the employee, Union President or his designee, nor the grievant shall lose pay.
Employee witnesses, other than grievant, whom the City Manager may at his option
choose to interview under shall lose no pay if interviewed during their working hours, and if
interviewed after or before such hours, shall be paid for such time as if they were
performing other work for the City. Otherwise, the City shall not be responsible to pay any
employee representative, officer or agent of the Union for any time spent processing
grievance matters, but will allow one such person plus the grievant per grievance
reasonable time off without pay for said activities upon reasonable prior notice if in
management's opinion work requirements will allow such absence.
Section 6.13: Limitations.
Violations of Sections 2.2 shall not be subject to this Article VI unless mutually
agreed by the Parties.
Fire Contract Proposal Nov 14 2011 (3) (2) 22
Section 6.14: Reimbursement
Any grievance regarding Article 17.2 & 17.3 resolved in the favor of the Union at
Step 3 of the grievance procedure. shall include any lost compensation to the grievant. if a
direct loss is found by the City Manager.
Section 6.15
Any bargaining unit member charged with a criminal offense shall be placed on
leave with pay and must use his /her •aid time off for two 2 weeks while the Cit
concludes an investigation. If the employee has no paid time off, then the time off would
be unpaid. The City shall proceed with administrative action any time after the expiration
of the above two week time period.
ARTICLE VII: PROMOTION
Section 7.1: Promotion Eligibility 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 established for the two -year
period. If the list is exhausted new examinations will be given earlier as determined
by the Chief in order to facilitate operational needs. Only employees whose last
two (2) annual job performance evaluations were "above operational" or better and
whom the Chief determines meet the minimum qualifications in the job description
for the position will be eligible to take the test and they must have combat
experience as provided below:
Fire Contract Proposal Nov 14 2011 (3) (2) 23
Engineer — Three years with the Ocoee Fire Department, possession of a
Driver /Operator certificate of completion from an accredited institution, completion
of Company Officer (40 hours) and Tactics and Strategy I & II (80 hours) or an A.S.
degree in Fire Science.
Lieutenant — Five years with the Ocoee Fire Department, completion of Fire Officer
I and /or an A.S. degree in Fire Science, and hold the rank of Engineer.
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.
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 a more than one written warning er more severe that is
discipline such as (i.e. more than one written warning, suspension and /or demotion
and /or rejection of probation) within one year prior to the last date for applying for
the tests shall not be eligible to apply.
Fire Contract Proposal Nov 14 2011 (3) (2) 24
2. Employees who are on the eligibility list who received a more than one
written warning or more severe discipline after they were placed on the eligibility list
shall not be considered for promotion until they have received no disciplinary action
for three hundred sixty -five (365) days, after the latest action.
E. If the vacancy is not filled as provided above, the Chief may fill the vacancy
as he deems fit. provided he may not fill the position with a non - employee or employee
who does not take and pass the same test as given all eligible employees who apply to
take the test.
F. Whcn a firefighter is promoted to engineer the employee will be placed in the
new pay gradc and one step Icss than whcn thcy wcrc a F.F.
H. Whcn an cmploycc is promoted within ninety (90) days of thcir step
incr „e, the employee shall receive thcir duc step incr . - - :--e
gradc increase.
Any employee expected to receive an adjustment over this three year period,
F. Any Employee that is promoted from firefighter to engineer shall receive 7%
pay increase. effective the date of the promotion.
Any employee that is promoted from engineer to lieutenant shall receive a
10% pay increase, effective the date of the promotion.
Any COLA raise will have no bearing effect on promotional raises.
Section 7.2: Application of City PRR.
City Personnel Rules and Regulations shall not apply to Article VII.
Section 7.3: Union Representation.
All promotional exams will have a union representative of the unions choice, that 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. When a candidate is testin• for •osition of lieutenant a lieutenant
will be present. When a candidate is testing for engineer an engineer will be present.
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. p- rovided 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.
Fire Contract Proposal Nov 14 2011 (3) (2) 26
ARTICLE IX: SPECIAL MEETINGS
The City (One member of Fire Department management and the one member of
the Human Resource Department Director) and the 2 Union officers shall meet and confer
on matters of mutual interest upon the request of either party s. • _ e - - • - - - . -
a quarter, unlesc both parties agrec to mcct more often. Such special meetings shall be
held on a date and at a time and place mutually agreeable to the parties. The Union shall
have the right, at these special meetings, to recommend to the Management, corrections
of any inequities known to the Union; however, the City shall not be obliged to take any
action based on such recommendations. Meetings held under this Section shall not be
considered a substitution for the grievance procedure or the right to collective bargaining
under the Public Employees Relations Act.
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 employees
are utilized for emergency work when outside fire department personnel are_requested for
manpower emergencies. -
Fire Contract Proposal Nov 14 2011 (3) (2) 27
ARTICLE XI: INSURANCE AND PENSION
Section 11.1: Insurance.
During the life term of this Agreement, the City shall provide the same health,
medical, and dental insurance, and short /long term disability under the same terms and
conditions for bargaining unit employees and their dependants that it provides for the
City's non - bargaining unit, non - exempt employees and their dependents. Should thc City
medical and dental insurancc, thc City will advise the Union in writing. 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 partici.ate
as all other non - bargaining unit employees. Bargaining Unit Members that fail to show up
for a scheduled a• *ointment at the health center shall •a a scheduled '.25.00 charge.
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. All employees shall
increase their •ension contribution from 7.6% to 8.0% of •ension wages.
Effective October 1, 2011 the Pension Ordinance shall be amended to CAP the
percentage of pension entitlement to 91.0% maximum entitlement for any employees hired
after October 1, 2011.
The Cit a.rees to contribute no less than 12% of the fire unit member's .a roll to
the Pension Fund during the term of this agreement.
Fire Contract Proposal Nov 14 2011 (3) (2) 28
Accrued paid time off at separation will not count toward final average
compensation for pension benefits, effective October 1, 2012.
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.) after October
1, 2011 shall receive a maximum of 2% interest on their D.R.O.P. account contributions.
During the term of this agreement the City and the Union agree that any funds
received under F.S. Chapter 175 (Insurance Premiums) shall be deposited into the
Pension Fund to defray the increased costs of new benefits purchased prior to October 1,
2011.
Section 11.3: Pension Multiplier.
The parties City and the Union agree that the pension multiplier will be increascd to
remain at 3.5% for the term of this agreement. from the prescnt 3.0% if the City
will be Octobcr 1, 2008. The parties also agrec that the prccent $200.00 stipend for
- ' -- •• -• - - ' - - a e - !I
Fire Contract Proposal Nov 14 2011 (3) (2) 29
Section 11.4: VEBA — Other Post - Employment Benefits.
VEBA.
The parties agree to participate in a Voluntary Employee Benefits Association —
VEBA.
The City will enter into an arrangement with a company to create the VEBA and the
City will be the plan sponsor.
Union members will contribute .5% of any annual pay increase starting October 1.
2012 to a VEBA account that will be managed by the City. The employees will have the
opportunity annually in the month of September to sell back 20% of their paid time off
accrual for cash, however. 5% of the 20% will be placed in the VEBA account. The
remainin• 15% will be •aid to the em • to ee. The em • to ee must have a minimum of 60
hours to participate in this program. Any bargaining unit employee who terminates.
resigns retires or otherwise leaves employment with the City, must contribute 25% of the
accrued time off paid to any such employee upon leaving employment, to the employees
VEBA account. In addition 12 hours of paid time will be contributed to the employees
VEBA account the first pa roll after October 1 of each ear instead of increasin. the
Floating Holiday time.
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.
Fire Contract Proposal Nov 14 2011 (3) (2) 30
ARTICLE XIII: SHIFT SWAPS
Section 13.1: Application.
Shift swaps shall be submitted sixty (60) hours prior to the beginning of the to the
shift swap sought and must be approved in advance by the Chief, or his /her designee, in
writing.
Section 13.2: Payback.
All pay back will be within one hundred twenty (120) days of the shift swap.
Employees shall not be entitled to working out of classification compensation.
Section 13.3: Authorization.
The appropriate form must be completed and signed by each employee and their
respective supervisor before the shift swap can be made.
Section 13.4: Emergencies.
The only exception to the Section 13.1: Application, will be in the case of an
emergency.
Section 13.5: Qualifications.
Employees must shift swap with employees qualified to work in that classification.
If staffing allows for the day, EMTs shall be permitted to shift swap with paramedics,
if this does not create an overtime need at the time the shift swap request is submitted.
If the employee that was scheduled to swap is moved to a ride up position, that
employee shall receive ride up pay.
Fire Contract Proposal Nov 14 2011 (3) (2) 31
ARTICLE XIIIV: HOLIDAYS
Section 14.1: Days Observed.
A. The observed holidays are:
January 1 New Year's Day
January — Third Monday Martin Luther King, Jr. Day
May — Last Monday Memorial Day
July 4 Independence Day
September — First Monday Labor Day
November — Fourth Thursday Thanksgiving Day
November — Fourth Friday Day After Thanksgiving
December - 24 Christmas Eve
December 25 Christmas Day
B. The City Managcr will determinc which departments or operations will be
closed in observance of the holiday.
Section 14.2: Eligibility for Holiday Pay.
A. - -- -_ ._- - -- ••- - - -- - - •- -_ -
is-earned.
B. A. An employee must be on an approved aaid leave for or work the normal
schedule of hours, on the regularly scheduled working day immediately prior to and
immediately following a holiday, in order to qualify for the holiday time or pay. Absences
not approved in advance, including any sick "call in" may not be approved depending on
whether the employees' excuse and verification of the reason for the absence are
acceptable to management, which, may at its option, require a doctor's excuse
documentation as well as any other evidence it deems necessary.
Fire Contract Proposal Nov 14 2011 (3) (2) 32
C. Holiday Pay.
Full -time non - exempt employees, on a 24/48 schedule in the Fire
Department shall be twelve (12) hours at their straight time hourly rate.
D. When a non - exempt employee on a 24/48 hour schedule within the Fire
Department works on a scheduled holiday, the employee shall receive holiday pay, if
he /she meets the eligibility requirements, plus time and one half (1 1 /2) his /her straight time
rate.
E. When an employee is scheduled to work on a holiday but fails to do so, other
than pre - arranged pto, the employee will not receive the 12 hours of holiday pay. even if
ARTICLE XV: PAID TIME OFF
Section 15.1: Eligibility.
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 recommended approved by the Fire Chief arid- authorized
by the City Manager. 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.
Fire Contract Proposal Nov 14 2011 (3) (2) 33
C. Any employee within the initial one -year probationary period of time that
calls off work for any reason and either has no advanced written approval or cannot
secure a shift swap or 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.
Effective the second pay period after ratification of the Collective Bargaining
Agreement by the bargaining unit and the City Council: Each employee shall receive an
additional 24 hours of paid time off added to their accruals after October 1 each year and
only after the employee has worked for the City for one year.
A. Full -time employees earn Paid Time Off (P.T.O.) as follows:
One through five years of service -
10.16 10.62 hours bi- weekly
(264.16 276.16 hours per year)
Six through ten years of service -
12.93 13.39 hours bi- weekly
(3368 348.18 hours per year)
Eleven years +
14.77 15.23 hours bi- weekly
(384.00 396.00 hours per year)
B. A full -time employee can only accrue up to 548 580 hours of paid time off.
Section 15.3: Charging Leave.
Paid time off leave for employees will be charged at hour for hour of the time taken
off from the employee's shift.
Fire Contract Proposal Nov 14 2011 (3) (2) 34
Section 15.4: PRR.
The other rules and conditions with respect to paid time off are as set forth in the
PRR. Thcrc is no mandatory rcquircmcnt to use !gave and no buy out provision for
bargaining unit membcrs. However, any employee requesting time off shall request no
less than 4 hours minimum, except for approved educational purposes.
Section 15.5: PTO Per Shift.
Three (3) rank and file employees will be allowed to use paid time off /comp time
leave per shift. Only Light duty absences (which occur for only work related injuries), and
FMLA absences and permanent vacancies will not count toward the shift vacancies.
ARTICLE XVI: USE OF PERSONAL VEHICLES
When employees are required -by management to use their own vehicles for City
business, transferring to a station other than the one to which the one they were assigned
to report they shall be entitled to be paid mileage under the same terms and conditions as
other City employees, as provided in Section 10 of the PRR.
ARTICLE XVII: HOURS OF WORK AND WORK SCHEDULE
Section 17.1: Basic Work Schedule.
A. The basic work schedule shall be twenty -four (24) hour shifts on and forty -
eight (48) hours off with a starting time of 7:00 a.m. and the regular work period shall be
one hundred fifty nine (159) hours in a twenty -one (21) day period for employees on a
Section 7(k) schedule. The City agrees not to change the starting or ending time for the
regular work schedule, except, in the case of a temporary emergency, without notice to the
Union and upon a 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
Fire Contract Proposal Nov 14 2011 (3) (2) 35
mutual agreement, any dispute arising under this Section will be resolved under the FI. St.
447, impasse resolution process.
B. Lunch Periods are scheduled at the discretion of the Chief, or the Chief
designee.
Section 17.2: Overtime.
A. Non - exempt employees are to report all hours worked. Non - exempt
employees should not begin work before the beginning of their schedule or after the end of
their schedule without permission; however, if they do perform work before or beyond their
schedule, they are to report it as hours worked on their time sheet or record. Overtime will
be authorized or directed only when it is in the interest of the City and is the most
practicable and economical way of meeting workloads or deadlines.
B. All non - exempt hourly employees, except employees on a Section 7(k)
schedule in the Fire Department, shall be paid time and one -half their regular hourly rate
of pay for all hours in excess of forty (40) in a work week.
C. Non - exempt employees in the Fire Department on a Section 7(k) schedule
will receive overtime pay in accordance with the Fair Labor Standards Act for all hours
worked in excess of one hundred fifty -nine (159) hours in a twenty -one (21) day work
cycle. Effective the first pay cycle of July 2002, hours of work between one hundred fifty -
nine (159) and one hundred sixty -eight (168) in a work cycle shall be paid at additional
half -time, while hours worked over one hundred sixty -eight (168) in a pay cycle shall be
paid at time and one -half on the same basis as in the past.
Fire Contract Proposal Nov 14 2011 (3) (2) 36
D. For the purposes of overtime computation, sick leave, PTO not approved in
advance of 48 60 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 shall be considered for
employees on a Section 7(k) schedule as up to twenty -four (24) hours worked.
E. Employees shall be required to work overtime when assigned unless
excused by supervision. An employee desiring to be excused from overtime work
assignments for good and sufficient reasons shall submit a request to the immediate
supervisor, in accordance with the overtime SOP.
Section 17.3: Assignment of Overtime.
Overtime will be assigned in accordance with Departmental SOPc. In thc event the
by thc Union to bargain over the proposed changer
_ - — • _ — _ e proposed changc, the parties shall
after the first negotiating mceting, thc City shall have the right to institutc thc proposed
changes; however, the Union shall have the right to submit thc dispute with regard to the
proposed changes to thc statutory impa -cc resolution procedure found in Florida Statute
Chapter 447.
When the Battalion Chief or his /her designee determines there is a need to
schedule personnel for scheduled overtime. the following procedure will a•pl .
Basically, a classification for classification replacement will be utilized, unless
otherwise directed by management. All combat personnel will be placed in one of the four
Fire Contract Proposal Nov 14 2011 (3) (2) 37
following categories according to their current rank and /or EMS licensure: Lieutenant,
Engineer, Firefighter /PM. and Firefighter /EMT -B.
Example 1: If three (3) personnel are on PTO and FF /PM calls in sick. the Battalion
Chief will reference the FF /PM overtime list to hire his /her replacement. This process will
repeat itself accordingly for all four (4) lists.
Example 2: If an individual is scheduled to ride out of grade and calls in sick.
generating overtime, the Battalion Chief will hire overtime off the list that the individual was
scheduled to ride up in.
Example 3: If three (3) personnel are on PTO and a FF /PM is on light duty or a
vacancy. the Battalion Chief will reference the FF /PM overtime list to hire his /her
replacement. This process will repeat itself accordingly for all four (4) lists.
The current overtime lists will be maintained by the Battalion Chief in their office.
and on the City of Ocoee 0:/ drive in a read only file. This list 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 hirin• overtime for the next shift the Battalion Chief will make one attempt at
contactin• the emer•enc callout number and leave a messa•e with the time of contact.
That will constitute a contact and that person will be placed on the bottom of the list.
Fire Contract Proposal Nov 14 2011 (3) (2) 38
When hiring overtime that is more than one shift away, the Battalion Chief will wait a few
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.
If no employee accepts overtime. the least senior employee in the needed
classification on the off -going shift will be held to work overtime.
When overtime is forced. based on classification. the forced overtime will be rotated
throu•h all members in that classification on that •articular shift to ensure the same
member is not continually forced to work the overtime assignment.
Section 17.4: Compensatory Time Off.
For overtime assignments worked that are not "shift assignments ", the City and the
Union agree the bargaining unit members shall have the option to defer the payment of
overtime by selecting compensatory time off in lieu of payment for the time worked.
The maximum number of compensatory time -off hours accumulated may not
exceed 72 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.
Fire Contract Proposal Nov 14 2011 (3) (2) 39
ARTICLE XVIII: LIGHT DUTY
Section 18.1:
Light Duty shall be provided, only for work related injuries and 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:
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.
ARTICLE XIX XVIII: WAGES
Section 19.1: Step Plan.
Effective April 1, 2012, all bargaining unit members shall receive a 3% increase to their
base rate of pay.
Fire Contract Proposal Nov 14 2011 (3) (2) 40
Effective October 1, 2012, all bargaining unit members shall receive a 2.5% increase to
their base rate of pay, however, .5% of that amount shall be contributed to the members
VEBA account.
Effective October 1, 2013, all bargaining unit members shall receive a 2.5% increase to
their base rate of pay, however, .5% of that amount shall be contributed to the members
VEBA account.
The step pay plan ranges for thc period beginning October 01, 2008 through
September 30, 2011 arc set forth in Appendix "A" for rank and file employees, firefighter
through lieutenant. Pay gradc 10 fircfightcr, pay gradc 12 engineer, pay grade 14
lieutenant. The step pay plan consists of 12 steps and begins at $36,176. Appcndix "A"
contains the incr ses agreed upon for FY09 /10 and FY10/11. This step pay plan shall
• . . - . .. .....
1. Each employee shall bc placed on thc step plan in Appendix "B" beginning
April 1, 2009 as agreed upon by thc parties.
2. On October 1, 2009 Appendix "B" shall bc incrgased by 2% across the step
plan for all bargaining unit positions. Each employee shall bc moved one stcp in
• „ :„ _ el°
3. e• e se- e . A -- - - -- e. °• - • •- --
plan for all bargaining unit positions. Each employee shall bc moved one stcp in
their gradc in Appcndix "B" on October 1, 2010.
_. - -,
Fire Contract Proposal Nov 14 2011 (3) (2) 41
at that step in grade during thc period of this Agreement. An employee at thc maximum
Appendix is amcndcd as statcd abovc.
Section 19.4-1: Paramedic Incentive Pay.
Personnel that possess and maintain a Certified Orange County Paramedic
certification shall receive an hourly rate increase ($2.49 per hour) equal to $7,250.00.
No other wage increases shall be provided through the term of this agreement.
Section 19.2: Other Incentive Pay
A. The City agrees to pay up to four (4) employees $500.00 per year that are fluent
in the Spanish language.
B. The City agrees to pay up to 6 employees for EMS Preceptor. $1000.00 per
ear max of 2 •er shift . The Fire De•artment shall •ost the re.uirements for •rece•tors.
Section 19.3: Additional Compensation (Me Too Clause)
During the term of this agreement, any compensation above and beyond what the
City and the Union have agreed to within, paid to those employees covered by the police
bargaining unit, the City agrees to increase the compensation /benefits to the unit members
of the IAFF in an equal amount.
Compensation would include pay increases and /or any other benefits that indirectly
supplements income, i.e. paid time off, working out of class, education and other incentive
type compensation.
ARTICLE XX XIX: UNIFORMS AND EQUIPMENT
Fire Contract Proposal Nov 14 2011 (3) (2) 42
Section 20.1: Uniforms.
required, no other clothing except underwear shall be worn without permiscion of the
Chicf.
Uniform classes are described in SOP's as of October 1, 2010. Shorts will be
allowed from April 1 to October 31
Class A to be worn on official duties (i.e. Funerals)
Class B to be worn for PR events, company inspections, and station tours
Class C to be worn for day to day operations
Class D to be worn after 8pm
Section 20.2: Initial Issue.
New employees will be issued the following clothing to be selected by the Chief.
Shirts will be navy blue or grey in color. Complete Initial issue will be distributed within 30
days of hire or promotion.
1 Blue Dress shirt, short sleeve
1 Blue Dress shirt, long sleeve
1 Tie
2 Pant — plain blue, Class A
4 Pants — Black BDU
2 Pant — Black BDU shorts
6 T -Shirts
4 —Grey Polo shirt)
2 Gym shorts
2 1 Sweat pants
2 Sweat shirts
1 Pair Uniform shoes /boots
1 Badge
2 1 Sets collar brass
2 1 Name tags
2 1 Time of Service tags
1 Raincoat
1 Winter coat
1 Baseball Cap
1 Belt
Fire Contract Proposal Nov 14 2011 (3) (2) 43
1 Complete set of approved Bunker Gear
Section 20.3: Replacement.
A, Subject to paragraph C below, employees shall bc responsible to maintain in
: s e e - ' - - : - • •- • - • - • 1 . - - e - -
same
A. The Chief sh-all will notify employees of acceptable vendors from whom
employees may obtain replacements. An SOP will be available to all employee's on the
replacement procedure, current balance, products and current vendors available to
employees by October 31 of each year.
1. Thc City will not replace thc initial issuc items listed in Section 20.2
exccpt those items idcntified in subparagraph 2 below, however employees may
can replace said items from 20.2 with the applicable allowance in paragraph C
below.
2. The City will replace coats, pants and caps of the dress uniform, winter
coat, collar brass, bunker gear, badge, raincoat, name tag, tie, time in service tag
and other items required to be worn by the City but not listed in Section 20.2 at no
cost to the employee when based on normal wear and tear. Ho the e mp l oye e
shall bc responsible to replace same when lost or damaged duc to thc employee':
negligence. Thc employee shall present thc item to bc replaced for determination
by thc Chief as to whether it is no longer scrvicgable unless, the Chief determines
that thc item was lost or destroyed through no fault of thc employee.
C. All employees who have at least one (1) year of continuous service as-ef
e • e - - • - e I:, e e • - - • e e shall be credited with a vendor /vendors selected by
Fire Contract Proposal Nov 14 2011 (3) (2) 44
the City a one time clothing /shoe allowance by October 31 of each year in the following
amounts:
Shift bargaining unit employees -- $309 -O9 $350.00
Amounts credited that are not used by September 1 of the year or upon the
cessation of employment shall revert back to the City.
The employee may draw on the allowance at the approved vendor. Amounts
credited that are not used by September 30 of the year or upon the cessation of
employment shall revert to the City. 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 Taq
2 White Dress shirts, short sleeve
1 White Dress shirt. long sleeve
6 T -shirts
Section 20.4: Maintenance.
Fire Contract Proposal Nov 14 2011 (3) (2) 45
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.
Section 20.5: Changes.
Thc City shall establish and may from timc to timc unilaterally change thc
eliminate or substitute othcr similar items for those set forth in Section 20.2 above (for
example, embroidered instead of a metal badgc). Thc Union and thc employees agree to
abide by such procedures and arrangements established by thc City.
The City shall establish a Uniform Committee from Labor and Management to
review, modify and make changes in the uniform (i.e. color, style, material). The
Committee is made u• of two 2 members of Management, two members of the (2)
Union, and one (1) person chosen by the other four (4) members. Decision made by the
committee shall take effect within sixty (60) days or within a reasonable timeframe and
within budget constraints of 20.3.
ARTICLE XXI: PROBATIONARY PERIOD
Fire Contract Proposal Nov 14 2011 (3) (2) 46
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
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. During this six (6) month period the employee will not be required to work a higher
classification.
Section 21.3: Grievances.
Unless specifically provided in this Agreement, employees who have not
successfully completed their initial probationary period under Section 21.1 shall not have
access to Article VI.
Section 21.4: Transfers and Waiving Probation.
To be considered for a transfer into or the employment in the position of Firefighter
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 and City.
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.
Fire Contract Proposal Nov 14 2011 (3) (2) 47
D. If an employee, the applicant's last job performance evaluation must have
been "above operational" or better and none of the applicant's last three (3) job
performance evaluations were below "operational."
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.
Fire Contract Proposal Nov 14 2011 (3) (2) 48
ARTICLE XXII: REDUCED ACTIVITY PERIOD
Section 22.1:
Subject to operational needs, there shall be a period of reduced activity on each
shift which should normally run from 1700 to 0600 0630.
Section 22.2: Activity.
During the reduced activity period, on -duty employees shall be in Class A, B or C
uniform and be ready to respond immediately to calls in the uniform determined by SOP or
the shift commander. After 1700, the on -duty crew shall complete the station duties for the
day not yet completed before the reduced activity period, as well as other duties which the
Chief, or his /her designee, determines are necessary to be completed before the end of
the shift.
Section 22.3: Good Health Activities.
Unless assigned to other duties during the reduced activity period, each employee
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. 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.
Section 22.4: Emergencies.
Hurricanes, riots, floods or emergencies that demand extended tours of duty or
recall duty will permit use of beds at the discretion of the shift commander Battalion Chief.
Fire Contract Proposal Nov 14 2011 (3) (2) 49
Section 22.5: Contact Sports.
There shall be no contact sports while on duty at anytime, including but not limited
to basketball, football or soccer unless specifically approved by the Chief or his /her
designee.
Section 22.6: Adverse Weather Protocol.
The City and the Union agree to follow the general protocols promulgated by
Orange County Fire Rescue regarding adverse weather issues.
_ _ . _ e _ _ 1 I • e 1
Section 23 4 • Def inition
the Ocoee Firc Department (FDCE) and shall commence from the employee's initial date
of hire with the City and as a member of the Ocoee Fire Departmcnt, respectively. It shall
start work in thc Ocoee Fire Dcpartment on thc same day, their FDCE shall be based on
Section 23.2: Benefits.
otherwise.
- - - '- - - e - -se •- • .se - •- - e-- - - - - •- e - -
events:
Fire Contract Proposal Nov 14 2011 (3) (2) 50
A. Resignation
B. Termination in accordance with thc City PRR.
C. Rctircmcnt.
E. Lay off for more than six (6) continuous months.
In addition, FDCE will also be lost if an employee is promotcd or is transferred to a
position outside thc Ococc Fire Dcpartment, but if into another position within thc Ocoee
Fire Dcpartment, thc FDCE shall continue to accrue.
Section 234 23.1: Paid Time Off.
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.
Vacations (initial picks) shall be picked according to rank and file, no more than five
5 consecutive shifts and not more than ten 10 shifts in a calendar ear.
Lieutenant 1 pick
Engineer 2 pick
Firefighter 3 pick
Section 23.5 23.2: Floaters.
The Battalion Chief on duty will make the determination to float the necessary
personnel to the station that requires the manpower, in order to meet operational needs.
Section 23T6 23.3: Layoff and Recall.
Layoff and recall shall be in accordance with the City PRR.
Fire Contract Proposal Nov 14 2011 (3) (2) 51
ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT
The City agrees to reimburse employees the cost of replacing or repairing
prescription eyeglasses but not contact lenses and wristwatches 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 $50.00.
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.
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. All new employees hired after October 1, 2005 must remain continually
Fire Contract Proposal Nov 14 2011 (3) (2) 52
tobacco free in order to maintain continued employment with the City of Ocoee Fire
Department.
Section 25.2: Equipment.
All protective devices, bunker gear and other equipment required to be worn or
used by the City, shall be provided by the City. Such protective devices, bunker gear and
equipment when provided, must be used. The Union agrees that neglect or failure by an
employee to obey safety regulations or to use or maintain the safety equipment furnished
by the City shall be basis for disciplinary action up to and including termination.
The fire station, all equipment and apparatus shall be maintained by employees in a
manner that will promote the elimination of accidents and make the workplace safer and
less likely to cause injuries. All employees are to report any and all unsafe conditions to
the Fire Chief whenever found, immediately.
The Union may consult with the City's safety representative and make
recommendations in safety matters.
Section 25.3: Medical Examinations.
A. Medical examinations will be required for all employees no le'c than
annually at least every other year and will be conducted by physicians selected by the
City. The time necessary for the physical 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). All physicals will be performed at the City of Ocoee
Employee Health Center or a facility chosen by the City if the Health Center is not
available. All medical examinations will include a test to determine the presence of illegal
controlled substances. Employees hired after October 2005 will be tested for nicotine.
Fire Contract Proposal Nov 14 2011 (3) (2) 53
B. Any medical or psychological exam that results in the employee being
considered as unfit for duty, shall require the employee to use paid time off until a
subsequent exam finds the employee fit for duty. Should the employee provide qualified
medical information to return to duty 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.
D. In ordcr to develop a comprehensive dis se management plan in
the -fo l i owi ng
- • •. e.-- '- e -- -- - se e , •. - - - .- -- .•
from CarcHcre to address any h Ith related risks, i.c. hypertension, blood sugar,
cholesterol, obesity, diabetes, etc.;
incentives:
9 11 _ • -e. _.
3. first co pay to a specialist physician referred by thc H Ith Center
H Ith Ccntcr on an annual basis.
•
• - - . e, _ e participate in thc program in a satisfactory manner will not
receive the incentives.
Fire Contract Proposal Nov 14 2011 (3) (2) 54
C. Present incentives will cease and future incentives will be based on City wide
plans and subject to Health care 'Ian for all other non- bar.ainin• unit em•lo ees.
D. Annual pPhysicals will include the following as determined by the Health
Center medical staff:
Vital signs including height, weight, blood pressure, temperature, pulse, PPD (TB
test) and chest x -ray if indicated by the physician;
Lab tests including Comprehensive Metabolic Panel, Lipid Panel, Uric Acid,
Phosphorous -Serum HIV and ALT -SGPT;
Audiometry;
Vision Screening;
Urine dip;
Respirator exam;
Resting (baseline) 12 lead EKG;
Stress EKG (upon advice of the City- appointed Doctor);
Hepatitis A & B shots, if necessary.
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 her job, the employee shall so advise
the Chief for evaluation. An employee who has had medical treatment prescribed in order
to resolve an actual or potential medical problem that affects or may affect the employee's
ability to perform his /her job who fails or refuses to follow the medical treatment prescribed
shall be subject to disciplinary action up to and including termination.
Section 25.5:
Partics agree to rc open this article within the three (3) ygar timc frame aftcr
October 1, 2008.
Fire Contract Proposal Nov 14 2011 (3) (2) 55
ARTICLE XXVI: WORKING OUT OF CLASSIFICATION
Bargaining unit employees who work out of classification, in a higher classification,
shall be paid a flat rate for the entire 24 hour shift after —1-2 3 hours of continuous work in
the higher classification. Compensation for working out of classification will be as follows:
Firefighter working as an Engineer: $25.00 $30.00 per shift
Engineer working as a Lieutenant: $4540 $55.00 per shift
Lieutenant working as a Battalion Chief: $g&08 $150.00 per shift
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 rotating basis, when the department determines
the need to fill the position.
ARTICLE XXVII: EDUCATION
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 PRR's
where applicable guidelines and any changes deemed necessary by the Education
Committee.
Fire Contract Proposal Nov 14 2011 (3) (2) 56
ARTICLE XXVIII: DURATION
This contract shall remain in full force and effect through midnight September 30,
20144, 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, 2014.4
International Association of Fire Robert Frank, City Manager
Fighters, Local 3623
By: Date:
Date:
Name Name
Date: Date:
Name Name
Date: Date:
Name Name: City of Ocoee, Mayor
Date: Date:
Fire Contract Proposal Nov 14 2011 (3) (2) 57
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
By: By:
Fire Contract Proposal Nov 14 2011 (3) (2) 58