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Home My WebLink AboutItem #15 Approval of 3 Year Collective Bargaining Agreement between City and IAFF AGENDA ITEM COVER SHEET Meeting Date: 02/07/06 Item # 15 Contact Name: Contact Number: James Carnicella 1032 ReWewedB~ ~ D~partment Director: .' ,. ;;r~ -:It . City Manager: 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 30,2005. Recommendations Staff recommends the Commission adopt the Collective Bargaining Agreement. Attachments: Attachments include the entire document and a summary of the significant changes from the previous agreement. Financial Impact: $60,681.00 from Contingency that was already budgeted for Fire Department salary changes and $3,454.00 additional for a total cost of$64,135.00 (total amount should come from Contingency). Type of Item: o Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution ~ Commission Approval o Discussion & Direction For Clerk's Deaf Use: o Consent Agenda o Public Hearing ~ Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) o N/A o N/A o N/A Three year Agreement - 10/1/05 to 9/30/08 Significant changes to the Collective Bargaining Agreement 2005 - 2008 Article 7 Promotion - Increased the promotional qualification requirements for Engineer and Lieutenant - Established testing schedule Article 9 Special Meetings - Established meeting format between Human Resources, Fire Management and the Union to discuss current events. Article 13 Shift Swaps - Increased the pay-back time from 28 days to 90 days Article 14 Holidays - Eliminated "Floating Holiday" and included the time into the PTO accruals. - Changed "Observed Holidays" to actual holiday dates. Article IS Paid Time Off (PTO) - Eliminated "Mandatory Vacation Time" in lieu of "Buy Back of Hours" Article 18 Light Duty - Eliminated "Off Duty Injury" light duty. Article 19 Wages - Instituted step plan - 15 steps with approximately 3% increase between steps & 3% COLA for each of the remaining two years. - Step increase based on "Operational" review, rather than "Above Operational". - Paramedic pay remains status quo with are-opener. Article 20 Uniforms - Replacement allowance increased from $200 to $300 for rank and file, from $250 to $350 for inspectors. Article 21 Probationary Period - 6 month probationary period and no work to a higher classification - Requirements for departmental transfers increased - Departmental transfers will start at the entry level salary Article 23 Continuous Employment - Paid Time Off will be chosen by employees with the most time in position, rather than overall time with the City. - Light duty and permanent vacancies will not count against the 3 off per shift rule. Article 24 Personal Property Replacement - Wristwatch replacement increased from $30 to $50. Article 2') Safety and Health - City will select vendor for annual physicals, RDV being exclusive. - Tobacco free workplace Article 26 Working Out of Class - Flat rate of payment over 12 hours of continuous work Firefighter to Engineer $15 per shift Engineer to Lieutenant $20 per shift Lieutenant to Battalion Chief $25 per shift The City and the Ocoee Fire Department maintained the ability to operate the department without changing any S.O.P.s, pension benefits, disciplinary procedures with no re~openers (except, if the City decides to do (ALS) Advanced Life Support functions). CONFIDENTIAL - Not subject to public disclosure under Florida Statute 447.605(1) and/or (3) relating to collective bargaining. COLLECTIVE BARGAINING AGREEMENT BETWEEN IAFF, LOCAL 3623 AND CITY OF OCOEE Effective Dates: October 1,2005 to September 30,2008 ARTICLE I: Section 1.1 Section 1.2 Section 1.3 Section 1.4 Section 1.5 TABLE OF CONTENTS RECOGNITION AND INTENT OF AGREEMENT Parties .. ....... .......... .......... ....................... ..... ......... .................... ..... 1 Recognition................................................................................... 1 Entire Agreement.... ................................ ..... ....... ............. ........ ...... 1 Effect of Laws and Ordinances...................................................... 1 Pu rpose . ... . . . ... . .. .... . . ............. .... . .. .. ... .. ..... . ..... ... .............. ... ............ 2 ARTICLE II: DECLARATION OF PRINCIPLES Section 2.1 Union Activities.............................................................................. 3 Section 2.2 Non-Discrimination........................................................................ 3 ARTICLE III: Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 ARTICLE IV: Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 ARTICLE V: Section 5.1 Section 5.2 Section 5.3 Section 5.4 Section 5.5 Section 5.6 Section 5.7 ARTICLE VI: Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 UNION SECURITY AND CHECKOFF Dues.............................................................................................. 4 Amou nt .......................................................................................... 4 Remittance.................................................................................... 4 Recourse....................................................................................... 5 Minimum Pay..... ........ .................... ... ... .... ......... ......... .... ....... ... ......5 Withd rawal..................................................................................... 5 I nd em n ity ........... .. . ........ . ............... . .. . .. . . .. . ........ . ... .. . .. .. ........... . . . ... .. 5 UNION BUSINESS Representation and Notice............................................................ 6 Activities........................................................................................ 6 Time .............. ................................................... ........ ............. ........ 6 Visitation........................................................................................ 7 Solicitation and Distribution........................................................... 7 Time-Off Without Loss of Pay....................... .... ...... ................. ......8 Bulletin Boards and E-mail............................................................ 8 MANAGEMENT RIGHTS Functions of Management .............................................................9 Operations and Direction of Work Force ....................................... 9 Examples of Management Rights.................................................. 9 Restrictions Under this Agreement................................................ 12 Waiver........................................................................................... 12 Emergencies................................................................................. 12 Job Duties..................................................................................... 13 GRIEVANCE AND ARBITRATION Grievance...................................................................................... 14 Grievance Procedure.. ................... ............. ........ ................. .......... 14 Mediation and Arbitration............................... ...................... .......... 16 Selection and Cost of Arbitrator..................................................... 17 Authority of Arbitrator........ ............. ..... .... .... ...... ...... ............. .......... 17 Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 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 ARTICLE XII: STRI KES ....................................................................................... 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 Increments....... ............................................. ....... .......... ................29 Section 13.6 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 ARTICLE XVI: USE OF PERSONAL VEHICLES ................................................. 34 Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 ii 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 Section 17.4 PRR............................................................................................... 37 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.................................................................. 40 Section 19.4 Paramedic Incentive Pay............................................................... 40 Section 19.5 PRR.. ........................ ............................... .......... ........... ............ ..... 40 ARTICLE XX: UNIFORMS AND EQUIPMENT Section 20.1 Uniforms........................................................................................ 42 Section 20.2 Initial Issue ........ .............. ........ ............ ............. ........... ............ ...... 42 Section 20.3 Replacement................................................................................. 42 Section 20.4 Maintenance.................................................................................. 44 Section 20.5 Changes.... ..... ................................. ..... ............. ........... .................44 ARTICLE XXI: PROBATIONARY PERIOD Section 21.1 Initial Probationary Period .............................................................45 Section 21.2 Promotional Probation...................................................................45 Section 21.3 Grievances ............. .................. ............... ..... ................ ........... ...... 45 Section 21.4 Transfers and Waiving Probation ..................................................45 ARTICLE XXII: REDUCED ACTIVITY PERIOD Section 22.1 ...................................................................................................... 47 Section 22.2 Activity........................................................................................... 47 Section 22.3 Good Health Activities...................................................................4 7 Section 22.4 Emergencies................................................................................. 47 Section 22.5 Contact Sports.................... ..... ......... ..................... ............ .............48 ARTICLE XXIII: CONTIINUOUS EMPLOYMENT Section 23.1 Definition ............. ................ ................ ......... ................... ....... .......49 Section 23.2 Benefits......................................................................................... 49 Section 23.3 Loss of Continuous Service........................................................... 49 Section 23.4 Paid Time Off ................................................................................50 Section 23.5 Floaters......................................................................................... 50 Section 23.6 Layoff and Recall........................................................................... 50 ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT.................................. 51 Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 iii ARTICLE XXV: SAFETY, HEALTH AND PHYSICAL FITNESS Section 25.1 General.......................................................................................... 52 Section 25.2 Equipment..................................................................................... 52 Section 25.3 Medical Examinations.................................................................... 53 Section 25.4 Cooperation................................................................................... 54 ARTICLE XXVI: WORKING OUT OF CLASSIFICATION .......................................55 ARTICLE XXVII: EDUCATION................................................................................. 56 ARTICLE XXVIII: DURATION ......... ................ ............. ................ ........... ...... ............57 APPENDIX: PAY PLAN .......... .......... ..................... .... .......... .................. ........... 59 Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 iv 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: Recoanition. 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 Aareement. 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. 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 2 ARTICLE II: DECLARATION OF PRINCIPALS Section 2.1: Union Activities. City employees shall have the right to be represented by an employee organization of their own choosing or to refrain from doing so in accordance with Florida Statutes Chapter 447. Section 2.2: Non-Discrimination. A. There shall be no illegal discrimination against any employee in examination, training, promotion, retention, or any other personnel action because of race, color, creed, sex, sexual status, religion, age, national origin, marital status, or legally recognized disability. B. Employees with a legally recognized disability, who are otherwise qualified, will be provided reasonable accommodation as determined by the City to fulfill the essential functions of their job so long as such accommodation does not constitute an undue hardship to the City. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 3 ARTICLE III: UNION SECURITY AND CHECKOFF Section 3.1: Dues. The Employer will deduct bi-weekly Union dues from the paychecks of those Unit employees who authorize such deduction in writing in the manner allowed by law. Deductions will begin the second pay period after the Employer receives such written authorization. No deduction shall be allowed for payment of initiation fees, assessment or fines. Section 3.2: Amount. The Union will notify the City Director of Human Resources (hereinafter "HRD") as to the amount of dues. This notice must state the biweekly amount in dollars and cents for each individual member. Such notification will be certified to the HRD in writing over the signature of an authorized officer of the Union at least thirty (30) calendar days in advance of the effective date of such change. The City shall charge the deduction as soon as practically consistent with its normal bookkeeping procedures, but no less than thirty (30) days after the change is certified to the HRD, so long as the certification is legally sufficient. Section 3.3: Remittance. 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 CBA as amended last 11-07-05 Clean (3) (2).7.20.05 4 Section 3.4: Recourse. If there is an amount deducted in excess of what is authorized by the employee, the City will reimburse the employee provided a timely grievance is filed if the excess deduction was made as a result of a mistake by the City; otherwise, the employee shall have recourse only against the Union. Section 3.5: Minimum Pay. No deduction shall be made from the pay of any payroll period in which the employee's net earnings for that payroll period, after other authorized or legally required deductions, are less than the amount of dues to be checked off. Section 3.6: Withdrawal. Any member can stop payroll deduction by giving written notice to the Public Employer and the Union. The Employer shall stop the deductions thirty (30) days after receipt of written notice from the employee. Section 3.7: Indemnitv. 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 CBA as amended last 11-07-05 Clean (3) (2).7.20.05 5 ARTICLE IV: UNION BUSINESS Section 4.1: Representation and Notice. The Union shall be represented by its President. The Union shall notify the HRD in writing of the names of its President, as well as any designated substitute for the President to serve as the Union representative in the 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, hislher designee. The City will deal with only one (1) representative of the Union with respect to each matter or grievance raised. Section 4.2: Activities. The Union President, or his designee, shall carry out their activities in behalf of the Union, including investigating or settling grievances, after 5:00 p.m., except in cases of emergencies the Union President, or his/her designee, with prior permission from the Chief, or his designee, may engage in such activities prior to 5:00 p.m., so long as there is no interference with the work activities of employees or the mission of the Department. When the Union President, or his/her designee, is engaging in such activities while on duty, there shall be no loss of pay. When the Union President, or hislher 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 6 Section 4.4: Visitation. The Chief, or hislher designee, shall permit one authorized non-employee Business Agent of the Union reasonable access to the Fire Stations to handle grievances arising under this Agreement after 5:00 p.m., provided that such visits do not disrupt routine operations as determined by the Chief, or hislher 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 hislher 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 Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 7 any time. It is understood and agreed that any employee who violates either of these prohibitions is subject to discipline. ('Work time" is any time, exclusive of breaks or mealtime during the hours of a shift.) Section 4.6: Time-Off Without Loss of Pay. With respect to disciplinary proceedings under the City Personnel Rules and Regulations (hereinafter "PRR"), bargaining unit employees who participate in such proceeding, including an employee representative of the employee, if any, shall be treated the same as all other City employees with respect to time off and pay. With respect to contract negotiations between the Union and the City Manager, the Union President shall not lose any pay for the work hours spent participating in such contract negotiations. Section 4.7: Bulletin Boards 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 andlor 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 CBA as amended last 11-07-05 Clean (3) (2).7.20.05 8 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: Examples of ManaQement RiQhts. The Union and the employees covered under this Agreement recognize and agree that the City has the sole and exclusive right except as specifically provided for in this Agreement, to manage and direct any and all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the sole and exclusive right to: 1. Exercise complete and unhampered control to manage, direct and totally supervise all employees of the City. 2. Take whatever action may be necessary to carry out the mission and responsibility of the City in unusual and/or emergency situations. 3. Schedule and assign work, including overtime, to employees and determine the size and composition of the work force. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 9 4. Determine the services to be provided to the public, and the maintenance procedure, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities, and equipment. 5. Hire and/or otherwise determine the criteria and standards of selection for employment. 6. Promote and/or otherwise establish the criteria and/or procedure for promotions, and to determine the number, grade, and types of positions, in any pay plan which is or may be developed by the City. 7. Fire, demote, suspend or otherwise discipline. 8. Set procedures and standards to evaluate City employee's job performance and to evaluate them. 9. Layoff and/or relieve employees from duty due to budgetary constraints, or other operational reason. 10. Rehire employees. 11. Maintain the efficiency of the operations of all departments of the City. 12. Determine the allocation and content of job classifications and determine all training parameters for all City positions, including persons to be trained and extent and frequency of training. 13. Formulate, amend, revise and implement policy, rules and regulations, and require employees to observe and obey the City's policies, rules and regulations. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 10 14. Determine the number, location and operation of all departments and divisions thereof. 15. Institute any bonus or work incentive plan. 16. Control the use of equipment and property of the City. 17 . To determine whether all of any part of the operations covered by this Agreement shall commence, cease, continue, reduce or increase operations. 18. To determine the starting and quitting time and the number of hours to be worked. 19. To increase or decrease the number of jobs or employees. 20. To change materials, processes, products, service, equipment, production, shifts and work schedules, and methods of operation. 21. To assign work and equipment. 22. To assign or reassign shifts, create or abolish shifts, and rotate shifts. 23. To determine and change standards of fitness of employees to perform work. 24. To contract and/or subcontract any existing or future work when good business judgment makes such action advisable. 25. To transfer employees from job to job, either on a permanent or temporary basis. 26. To determine job content. 27. To establish the standards of conduct and work of employees. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 II 28. To determine the qualifications of employees; and to have complete authority to exercise those rights and powers incidental thereto, including the right to alter or vary past practices as the City may determine to be necessary for the orderly and efficient operations of the City; provided, such changes do not alter the specific provisions of this Agreement. Section 5.4: Restrictions Under this Aareement. 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: Emeraencies. 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 12 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 CBA as amended last 11-07-05 Clean (3) (2).7.20.05 13 ARTICLE VI: GRIEVANCE AND ARBITRATION Section 6.1: Grievance. A grievance is defined as a difference between the City and any employee or the Union involving an alleged violation or misapplication of a specific provision of this Agreement. The definition of a grievance shall be strictly construed and no other matter shall be subject to resolution under this Article without the written agreement of the City and the Union. When an Article or Section in this contract references or incorporates the City Personnel Rules and Regulations (PRR) a claimed violation, misapplication or misinterpretation of the PRR shall not be subject to this Article but may be grieved under Section 16 of the PRR. Section 6.2: Grievance Procedure. Whenever a grievance arises between the City and the employees or the Union, the matter will be handled in accordance with the following procedure. Step 1: Within seven (7) calendar days after the act or occurrence which gives rise to the grievance, or the employee knew or should have known of such act or occurrence, whichever first occurs, the employee shall meet to discuss the grievance with the employee's immediate supervisor in an attempt to resolve same. Step 2: If the grievance is not settled in Step 1 above, the grievance must be reduced to writing and signed by the employee and presented to the Chief, or his/her designee, within ten (10) calendar days of the act or occurrence which gives rise to the grievance, or when the employee knew or should have known of Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 14 such act or occurrence, whichever first occurs, regardless of whether the meeting in Step 1 was held. The written grievance must include: a. A statement of grievance and a summary of the facts on which the grievance is based. b. The remedy requested. c. The Article and Section of the agreement which grievant claims has been violated. d. A statement of the facts which are claimed to constitute a violation of the Agreement. Within ten (10) calendar days of presentation of the written, signed grievance, the Chief, or his/her designee, and the Union President, and his/her designee, shall meet and/or discuss the grievance. The Chief, or his/her designee, will respond in writing within ten (10) calendar days of the meeting and/or discussion. Step 3: If the grievance is not settled in Step 2 above, within ten (10) calendar days of receipt of the Chief's response in Step 2, the Union shall notify the City in writing of its appeal of the grievance to Step 3. Within ten (10) calendar days of delivery of the written notice of appeal to Step 3, the City Manager, or hislher 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. Failure of the parties to meet to discuss the grievance within the time provided in Steps 1, 2, and 3 of the grievance procedure or failure of the City to respond at any step shall be deemed a denial of the grievance and require the Union to proceed to the next Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 15 step within the time limits just as if the City had denied the grievance in writing on the last day an answer was due. Failure of the City to respond or to explain its response at any step shall not in any way restrict the City's rights to raise any issue or present any evidence it deems appropriate in support of its position in any subsequent arbitration or other administrative or judicial proceeding. The employee grievant shall be entitled to be present at any meeting held under Step 2 or Step 3. Section 6.3: 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 Association 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 submitted to binding arbitration by the Union. Arbitration proceedings must be initiated Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 16 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 Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 17 the City PRR, and upon 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 discipl1nary 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 Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 18 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 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 grievanc8f. 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. There shall be no class grievances and each grievance shall be arbitrated in a separate proceeding unless the parties mutually agree otherwise. B. The filing of a grievance shall in no way interfere with the right of the City to proceed to carry out its management responsibilities, subject to the final resolution of the grievance. The employee and the Union shall abide by the management decision Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 19 involved in any grievance prior to and during the time the grievance has been filed and being finally resolved. 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 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 CBA as amended last 11-07-05 Clean (3) (2).7.20.05 20 ARTICLE VII: PROMOTION Section 7.1: Promotion Eliaibilitv 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: 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). Lieutenant - Five years with the Ocoee Fire Department, completion of Fire Officer I and/or an AS. 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 21 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 written warning or more severe discipline within one year prior to the last date for applying for the tests shall not be eligible to apply. 2. Employees who are on the eligibility list who received a 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. 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. When a firefighter is promoted to driver/engineer the employee will be placed in the new pay-grade and one step less than when they were a F.F. G. When a driver/engineer is promoted to lieutenant the employee will be placed in the new pay-grade and three steps less than when they were a D.lE. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 22 Section 7.2: Application of City PRR. City Personnel Rules and Regulations shall not apply to Article VII. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 23 ARTICLE VIII: VOTING Employees, who are on duty on an election day, will be allowed to take time off without loss of pay to vote on City Property or at other polling places within the City. The time they take off to vote will be determined by the Chief. All other employees shall vote on their own time - by absentee ballot or as otherwise permitted by law; provided, if an employee who is not scheduled to work on an election day whose voting precinct is not in the City of Ocoee is called into work so that he/she cannot vote on his/her own time, the Chief shall make operational arrangements for the employee to vote without loss of pay. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 24 ARTICLE IX: SPECIAL MEETINGS The City (Fire Department management and the Human Resource Department Director) and the Union shall me~t and confer on matters of mutual interest upon the request of either but not more often than once a quarter, unless both parties agree to meet more often. Such special meetings shall be held on a date and at a time and place mutually agreeable to the parties. The Union shall have the right, at these special meetings, to recommend to the Management, corrections of any inequities known to the Union; however, the City shall not be obliged to take any action based on such recommendations. Meetings held under this Section shall not be considered collective bargaining under the Public Employees Relations Act. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 25 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 CBA as amended last 11-07-05 Clean (3) (2).7.20.05 26 ARTICLE XI: INSURANCE AND PENSION Section 11.1: Insurance. During the life of this Agreement, the City shall provide the same health, medical, and dental insurance under the same terms and conditions for bargaining unit employees and their dependants that it provides for the City's non-bargaining unit, non- exempt employees and their dependents. Should the City decide to increase the amount of the employee's contribution or change the level of health, medical and dental insurance, the City will advise the Union in writing. 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 the City of Ocoee provided they meet the eligibility requirements of same. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 27 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. 9447.505. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 28 ARTICLE XIII: SHIFT SWAPS Section 13.1: Application. Shift swaps shall be submitted forty-eight (48) hours prior to the shift swap sought and must be approved in advance by the Chief, or his/her designee. Section 13.2: Payback. All pay back will be within ninety (90) days of the shift swap. Section 13.3: Authorization. The appropriate form must be completed and signed by each employee and their respective supervisor before the shift swap can be made. Section 13.4: Emeraencies. The only exception to the Section 13.1: Application, will be in the case of an emergency. Section 13.5: Increments. Shift swaps will not be approved in increments of less than four (4) hours unless, in his discretion, the Chief, or his designate, agrees otherwise. Section 13.6: Qualifications. Employees must shift swap with employees in the same classification or an employee qualified to work in that classification. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 29 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 New Year's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day B. The City Manager will determine which departments or operations will be closed in observance of the holiday. Section 14.2: EIiQibility for Holiday Pay. A All holiday earned must be taken as time off or paid on the same day that it is earned. B. An employee must be on an approved leave for or work the normal schedule of hours, on the regularly scheduled working day immediately prior to and immediately following a holiday, in order to qualify for the holiday time or pay. Absences not approved in advance, including sick call in" may not be approved depending on whether the employee" excuse and verification of the reason for the absence are acceptable to management, which, may at its option, require a doctor's excuse as well as any other evidence it deems necessary. C. Holidav 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 30 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 ~) his/her straight time rate. E. When an employee is scheduled to work on a holiday but fails to do so, the employee will not receive holiday pay even if the employee is otherwise eligible for holiday pay. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 31 ARTICLE XV: PAID TIME OFF Section 15.1: Eliaibility. 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 by the Department Director and 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. 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 st 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 hours bi-weekly (264.16 hours per year) Six through fifteen years of service - 12.93 hours bi-weekly (336.18 hours per year) Sixteen years + 14.77 hours bi-weekly (384.00 hours per year) Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 32 B. A full-time employee can only accrue up to 540 hours of paid time off. Section 15.3: Charaina Leave. Paid time off leave for employees will be charged at hour for hour of the time taken off from the employee's shift. Section 15.4: PRR. The other rules and conditions with respect to paid time off are as set forth in the PRR. There is no mandatory requirement to use leave and no buy-out provision for bargaining unit members. Section 15.5: Up to three (3) ra!1k and file employees will be allowed to use paid time off leave per shift. Light duty absences and permanent vacancies will not count toward the shift vacancies. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 33 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 34 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 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 35 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. D. For the purposes of overtime computation, sick leave, jury duty, annual military leave and other absences from duty, whether paid or not, shall not be considered as time worked, provided, however, paid holidays and paid personal leave used for a scheduled vacation shall be considered for employees on a Section 7(k) schedule as up to 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. Section 17.3: Assianment of Overtime. Overtime will be assigned in accordance with Departmental SOPs. In the event the City wishes to change said SOPs, it will notify the Union in writing. Upon written request by the Union to bargain over the proposed changes received by the Chief within ten (10) calendar days after receipt of the notice of the proposed change, the parties shall negotiate over the changes. If no agreement is reached within thirty (30) calendar days after the first negotiating meeting, the City shall have the right to institute the Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 36 proposed changes; however, the Union shall have the right to submit the dispute with regard to the proposed changes to the statutory impasse resolution procedure found in Florida Statute Chapter 447. Section 17.4: PRR. Other policies and guidelines with respect to hours of work and overtime are as set forth in the PRR. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 37 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, however, unless otherwise required by law, the total earned or received from all sources, including STD, L TD, 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 38 ARTICLE XIX: WAGES Section 19.1: Step Plan. The step pay plan ranges for the period beginning October 10, 2005 through September 30, 2008 are set forth in Appendix "A" for rank and file employees, firefighter through lieutenant. Pay grade 10= firefighter, pay grade 12= driver engineer, pay grade 14= lieutenant. Pay grades 11 (ff/p) , 13( de/p) and 15(1t/p) illustrate the 5% differential for those employees paid paramedic incentive. The step pay plan consists of 15 steps and begins at $34,100. Appendix "A" contains the increases agreed upon for FY06/07 and FY07/08. This step pay plan shall cease September 30, 2008 unless the parties agree on a successor agreement. Section 19.2: Step Plan Implementation. 1. Each employee shall be placed on the step plan in Appendix "B" beginning October 1 0, 2005 as agreed upon by the parties. All employees shall receive retroactivity from their present FY04/05 rate until the first pay period where the new rates are included for FY05/06. Each employee shall be moved one step in their grade in Appendix "B" after October 1 and through September 30, 2006, upon their evaluation date and only if the evaluation score was operational. Any retroactive amount shall be paid from October 10, 2005. 2. On October 1, 2006 Appendix "B" shall be increased by 3% across the step plan for all bargaining unit positions. Each employee shall be moved one step in their grade in Appendix "B" from October 1, 2006 through September 30, 2007, upon their evaluation date and only if the evaluation score is operational. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 39 3. On October 1, 2007 Appendix "8" shall be increased by 3% across the step plan for all bargaining unit positions. Each employee shall be moved one step in their grade in Appendix "B" from October 1, 2007 through September 30, 2008, upon their evaluation date and only if the evaluation score is operational. Section 19.3: Maximum of Step Plan. Any employee who reaches the maximum step within their pay grade shall remain at that step in grade during the period of this Agreement. An employee at the maximum step shall only receive an increase in their rate of pay when the step changes as the Appendix is amended as stated above. Section 19.4: Paramedic Incentive Pay. Employees presently paid paramedic incentive pay shall be placed on the step Plan as agreed by the parties. Those employees shall move within their respective pay grades as described above. In the event the City determines the Ocoee Fire Department will operate as an advanced life support department (ALS), then this Agreement provides in this section (19.3) to re-open negotiations regarding the pay plan as it relates to the paramedic incentive(s). Should the parties fail to agree on rates of pay/incentives for paramedics, then the City may implement its last and best offer, the Union shall retain the right to proceed under FI. St. 447. Section 19.5: PRR. Article XIX (19) constitutes the entire wage article for the period of this Agreement. No other wage entitlements or other considerations provided non- bargaining unit positions nor any other entitlements, etc. under the PRR's shall apply to Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 40 members of this bargaining unit. Longevity payments shall end after the 2005 payment is made subsequent to the ratification of this Agreement. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 41 ARTICLE XX: UNIFORMS AND EOillPMENT Section 20.1: Uniforms. Employees shall wear uniforms as determined by the Chief. When a uniform is required, no other clothing except underwear shall be worn without permission of the Chief. Section 20.2: Initial Issue. New employees will be issued the following clothing to be selected by the Chief. 1 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 shirts 2 Gym shorts 2 Sweat pants 2 Sweat shirts 1 Pair Uniform shoes/boots 1 Badge 2 Sets collar brass 2 Name tags 2 Time of Service tags 1 Raincoat 1 Winter coat 1 Belt 1 Complete set of approved Bunker Gear Section 20.3: Replacement. A. Subject to paragraph C below, employees shall be responsible to maintain in good serviceable condition the initial issue provided in Section 20.2 above or to replace same. B. The Chief shall notify employees of acceptable vendors from whom employees may obtain replacements. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 42 1. The City will not replace the items listed in Section 20.2 except those items identified in subparagraph 2 below, however emp,loyees may replace said items from 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. However, the employee shall be responsible to replace same when lost or damaged due to the employee's negligence. The employee shall present the item to be replaced for determination by the Chief as to whether it is no longer serviceable unless, the Chief determines that the item was lost or destroyed through no fault of the employee. C. All employees who have at least one (1) year of continuous service as of October 1 of the 2005, 2006 and 2007 shall be credited with a vendor/vendors selected by the City a one time clothing/shoe allowance by October 31st of each year in the following amounts: Fire Inspector -- $350.00 All other Bargaining unit employees -- $300.00 The employee may draw on the allowance at the approved vendor. Amounts credited that are not used by September 30th 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 43 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. Section 20.5: Chanaes. The City shall establish and may from time to time unilaterally change the procedures and arrangements for furnishing shoes at its discretion. The Chief may also eliminate or substitute other similar items for those set forth in Section 20.2 above (for example, embroidered instead of a metal badge). The Union and the employees agree to abide by such procedures and arrangements established by the City. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 44 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 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 CBA as amended last 11-07-05 Clean (3) (2).7.20.05 45 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 CBA as amended last 11-07-05 Clean (3) (2).7.20.05 46 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. 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: Emeraencies. 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 47 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 48 ARTICLE XXIII: CONTINUOUS EMPLOYMENT Section 23.1: Definition. Continuous employment shall be both on a City-wide (CCE) and as a member of the Ocoee Fire Department (FDCE) and shall commence from the employee's initial date of hire with the City and as a member of the Ocoee Fire Department, respectively. It shall continue until broken as provided in Section 23.3 below. When two or more employees start work in the Ocoee Fire Department on the same day, their FDCE shall be based on their position on the new hire eligibility list. Section 23.2: Benefits. The earning or accrual of benefits shall be based on the CCE as provided in the City PRR unless a particular benefit, benefit plan or this grievance specifically provides otherwise. Section 23.3: Loss of Continuous Service. CCE and FDCE shall be losses upon the happening of one or more of the following events: A. Resignation B. Termination in accordance with the City PRR. C. Retirement. D. Receiving an authorized leave of absence. E. Lay-off for more than six (6) continuous months. In addition, FDCE will also be lost if an employee is promoted or is transferred to a position outside the Ocoee Fire Department, but if into another position within the Ocoee Fire Department, the FDCE shall continue to accrue. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 49 Section 23.4: 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 shall be picked according to rank and file. Lieutenant Engineer Firefighter 1 st pick 2nd pick 3rd pick Section 23.5: 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 23.6: Layoff and Recall. Layoff and recall shall be in accordance with the City PRR. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 50 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 51 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 tobacco free in order to maintain continued employment with the City of Ocoee Fire Department. Section 25.2: Eauipment. 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 Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 52 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 less than annually 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. Other medical and psychological exams may also be required by the City to be conducted by a physician of the City's choosing. All medical examinations will include a test to determine the presence of illegal controlled substances. The City shall pay for all medical and psychological exams it requires to the extent not covered by the City group medical insurance plan. All physicals will be conducted at RDV Sportsplex on shift by crews or stations, when possible. B. Annual physicals will include: Vital signs including height, weight, blood pressure, temperature, pulse, PPD (TB test) and chest x-ray if indicated by the PPD; Lab tests including Comprehensive Metabolic Panel, Lipid Panel, Uric Acid, Phosphorous-Serum HIV and AL T-SGPT; Audiometry; Vision Screening; Urine dip; Respirator exam; Resting (baseline) 12 lead EKG; Stress EKG (upon advice of the City-appointed Doctor). 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 53 C. The City retains the right to select, approve and disapprove physicians and medical facilities under Sub Section A above, except: Should the City decide to withdraw approval of RDV, for cost containment, quality or other reasons, except in case of an emergency, it shall notify the Union in writing not less than forty-five (45) calendar days before withdrawal of approval and upon written request negotiate with the Union over the impact of said withdrawal. Any dispute shall be resolved in accordance with F.S. Chapter 447 and not under Article VI of this Agreement. 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 54 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 24 hour shift after 12 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: $15.00 per shift $20.00 per shift $25.00 per shift Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 55 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. Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 56 ARTICLE XXVIII: DURATION This contract shall remain in full force and effect through midnight September 30, 2008, 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, 2008. International Association of Fire Fighters, Local 3623 By: Date: Robert Frank, City Manager Date: Name Date: Name Date: Name Date: Name Date: Name Date: Name: City of Ocoee, Mayor Date: Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 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 Fighters, Local 3623 City Clerk, City of Ocoee By: By: Fire CBA as amended last 11-07-05 Clean (3) (2).7.20.05 58 CITY OF OCOEE PROPOSED SUMMARY OF POSITIONS BY PAY GRADE FOR FIRE BARGAINING UNIT PERSONNEL Fiscal Year 2005-2006 Job Title FLSA Pay Grade Minimum Market Maximum Firefighter N 10 34,100.00 42,600.00 53,127.00 Firefighter/Paramedic N 11 35,800.00 44,800.00 55,775.00 Driver Engineer N 12 37,600.00 47,000.00 58,576.00 Fire Inspector N 12 37,600.00 47,000.00 58,576.00 Driver Engineer/Paramedic N 13 38,600.00 48,200.00 60,142.00 Fire Lieutenant N 14 44,600.00 55,800.00 69,484.00 Fire L T /Paramedic N 15 46,900.00 58,600.00 73,068.00 Fiscal Year 2006-2007 Job Title FLSA Pay Grade Minimum Market Maximum Firefighter N 10 35,123.00 43,878.00 54,720.80 Firefighter/Paramedic N 11 36,874.00 46,144.00 57,448.30 Driver Engineer N 12 38,728.00 48,410.00 60,333.30 Fire Inspector N 12 38,728.00 48,410.00 60,333.30 Driver Engineer/Paramedic N 13 39,758.00 49,646.00 61,946.30 Fire Lieutenant N 14 45,938.00 57,474.00 71,568.50 Fire L T /Paramedic N 15 48,307.00 60,358.00 75,260.00 Fiscal Year 2007-2008 Job Title FLSA Pay Grade Minimum Market Maximum Firefighter N 10 36,176.69 45,194.34 56,362.42 Firefighter/Paramedic N 11 37,980.22 47,528.32 59,171.75 Driver Engineer N 12 39,889.84 49,862.30 62,143.30 Fire Inspector N 12 39,889.84 49,862.30 62,143.30 Driver Engineer/Paramedic N 13 40,950.74 51,135.38 63,804.69 Fire Lieutenant N 14 47,316.14 59,198.22 73,715.56 Fire L T /Paramedic N 15 49,756.21 62,168.74 77,517.80 Appendix "A" ~ ~ z z o z~ ~<~ ~~~ o~~ u~~ O~(J ~~~ O~Z ~~~ ~~~ 00< g::~ ~ ~ ~ ~ o ~ 1.0 = = N I II) = = N ~ = ~ ~ 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 r-- '<t C") '<t r--- \I") 00 O'\~ 0 N~ '<t 00 \0 ...... 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