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HomeMy WebLinkAboutItem #06 Approval of the Three-Year Collective Bargaining Agreement between the City of Ocoee and the City of Ocoee Professional Firefighters Union, I.A.F.F. Local 3623 11§. 0.4.4P ocoee florida AGENDA ITEM COVER SHEET Meeting Date: December 01, 2015 Item # �p Reviewed By: Contact Name: Craig Shadrix Department Director: Contact Number: 3111 City Manager: Subject: Approval of the Three-year Collective Bargaining Agreement be een the City of Ocoee and the City of Ocoee Professional Firefighters Union, I.A.F.F. Local 3623 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, 2014. Recommendations: Staff respectfully recommends the Commission adopt the Collective Bargaining Agreement. Attachments: Attachments include the entire Collective Bargaining Agreement document, and a summary of highlighted changes. Financial Impact: Effective upon ratification through September 30, 2017, all bargaining unit members shall receive the same percentage increase to their base rate of pay as the general employees of the City; however, .5% of that amount shall be contributed to the member's VEBA account. For FY 14/15, unit members employed on October 1, 2014, shall receive a lump sum amount following ratification of 2.4%. Type of Item: (please mark with an `5c') Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X 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 40.4v Summary of changes to the CBA between IAFF and City of Ocoee OCOPE? florida Mayor John Grogan Article VI - Grievance— complete section is new, some areas same Commissioners Vacant District 1 Article VII - Promotion 7.1 Clarified how long list was good for testing. Must be relief Engineer for one Rosemary Wilsen District 2 year before eligible to test for Engineer. Must be Engineer for 3 years before eligible to test for Lieutenant. Rusty Johnson F. Changed pay increases upon promotion. Left same for current list,but changed District 3 Engineer from 7% to 5% after June 2015. Changed Lieutenant increase from 10% Joel F.Keller to 7% after June 2016. District 4 G. Added any employees expected to receive an adjustment during this contract will receive the adjustment and then the promotional pay grade increase. City Manager Robert D.Frank Article IX—Special Meetings Added another member representing the Fire department management. Added minimum of four meetings a year and 10 days before the meeting have an agenda available on all topics to all parties. Article X: Non-Bargaining Unit Employees Added may hire up to three part-time reserve firefighters. Article XI— Insurance & Pension 11.2 Pension. Adjusted CAP from 91%to 87.5% and 7 year vesting. Article XIII—Time Trades (renamed from Shift swaps) 13.2 Payback. Changed from 120 days to pay back to one year and can accrue up to 10 time trades. 13.6 Definition. Defined a time trade. Article XV—Paid time off 15.5 PTO per shift. Allow up to three during vacation picks. After that, one of the three off must use comp time. Article XVII—Hours of Work and Work Schedule 17.2 Overtime. C. Member has option to convert half-time to comp time instead of receiving pay. 17.3 Assignment of Overtime. The City may use part-time/reserves to fill overtime or other assignments for non-emergency assignments. If employee is on the unavailable list then they cannot be called in for overtime. City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 Phone: (407) 905-3100 • www.ocoee.org Article XIX—Wages Vk$4 19.1 Pay increases. Will receive same percentage as general employees for next 2 years. Members employed on 10/1/14 will receive a one-time lump sum O C O P Q payment of 2.4% f l o r i d a 19.4 Additional Compensation (Me Too Clause) was removed and replaced with Starting Pay. Establishes the starting pay for firefighters as $36,900.24 and for Mayor fire inspectors as $40,687.66. John Grogan Commissioners Article XX—Uniforms Vacant District 1 Changed what class uniform to be worn and initial issue. Clarified attire for fire inspectors. Rosemary Wilsen District 2 Article XXIII- Continuous Employment Rusty Johnson 23.1 Vacation Picks (renamed from Paid Time Off) Clarified according to District 3 seniority and if pick returned the next rank in seniority can choose. Joel F.Keller District 4 Article XXIV: Personal Property Replacement Clarified language regarding prescription eyeglasses. Contact lenses not included. City Manager Robert D.Frank Article XXVI—Working out of Classification Changed rates for ride-up pay. Reduced as follows Firefighter working as Engineer—reduced from $30 to $25 Engineer working as Lieutenant—reduced from $55 to $50 Lieutenant working as Battalion Chief—reduced from $150 to $100 Also gave option to receive comp time instead of pay as follows Firefighter working as Engineer—3 hours Engineer working as Lieutenant—4 hours Lieutenant working as Battalion Chief—7 hours City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 Phone: (407) 905-3100 •www.ocoee.org -.4/01111 Ocoee COLLECTIVE BARGAINING AGREEMENT BETWEEN IAFF, LOCAL 3623 AND CITY OF OCOEE Effective Dates: October 1, 2014 to September 30, 2017 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 5 Section 3.2 Amount 5 Section 3.3 Remittance 5 Section 3.4 Recourse 6 Section 3.5 Minimum Pay 6 Section 3.6 Withdrawal 6 Section 3.7 Indemnity 6 ARTICLE IV: UNION BUSINESS Section 4.1 Representation and Notice 7 Section 4.2 Activities 7 Section 4.3 Time 7 Section 4.4 Visitation 8 Section 4.5 Solicitation and Distribution 8 Section 4.6 Time-Off Without Loss of Pay 9 Section 4.7 Bulletin Boards and E-mail 9 ARTICLE V: MANAGEMENT RIGHTS Section 5.1 Functions of Management 11 Section 5.2 Operations and Direction of Work Force 11 Section 5.3 Restrictions Under this Agreement 11 Section 5.4 Waiver 11 Section 5.5 Emergencies 12 Section 5.6 Job Duties 12 ARTICLE VI: GRIEVANCE AND ARBITRATION Section 6.1 Grievance 13 Section 6.2 Grievance Procedure 13 Section 6.3 Arbitration 15 Section 6.4 Grievances by Non-Union Member 16 Section 6.5 General 17 4 • Fire Collective Bargaining Agreement 2014-2017 I I Section 6.6 Time Off/Pay 17 ARTICLE VII: PROMOTION Section 7.1 Promotion Eligibility List and Promotion 19 Section 7.2 Application of City PRR 21 Section 7.3 Union Representation 21 ARTICLE VIII: VOTING 23 ARTICLE IX: SPECIAL MEETINGS 25 ARTICLE X: NON-BARBAINING UNIT EMPLOYEES 27 ARTICLE XI: INSURANCE AND PENSION Section 11.1 Insurance 29 Section 11.2 Pension 29 Section 11.3 Pension Multiplier 30 Section 11.4 VEBA— Other Post-Employment Benefits 30 ARTICLE XII: STRIKES 33 ARTICLE XIII: Time Trades Section 13.1 Application 35 Section 13.2 Payback 35 Section 13.3 Authorization 35 Section 13.4 Emergencies 35 Section 13.5 Qualifications 35 Section 13.6 Definition 36 ARTICLE XIV: HOLIDAYS Section 14.1 Days Observed 37 Section 14.2 Eligibility for Holiday Pay 37 ARTICLE XV: PAID TIME OFF Section 15.1 Eligibility 39 Section 15.2 Accrual of Leave 39 Section 15.3 PRR 40 Section 15.4 PTO per Shift 40 ARTICLE XVI: USE OF PERSONAL VEHICLES 41 ARTICLE XVII: HOURS OF WORK AND WORK SCHEDULE Section 17.1 Basic Work Schedule 43 Section 17.2 Overtime 43 Section 17.3 Assignment of Overtime 44 4 • Fire Collective Bargaining Agreement 2014-2017 III Section 17.4 Compensatory Time Off 47 ARTICLE XVIII: LIGHT DUTY Section 18.1 Compensation 49 Section 18.2 Determination 49 ARTICLE XIX: WAGES Section 19.1 Pay Increases 51 Section 19.2 Paramedic Incentive Pay 51 Section 19.3 Other Incentive Pay 51 Section 19.4 Starting Pay 51 ARTICLE XX: UNIFORMS AND EQUIPMENT Section 20.1 Uniforms 53 Section 20.2 Initial Issue 53 Section 20.3 Replacement 54 Section 20.4 Maintenance 54 Section 20.5 Changes 55 ARTICLE XXI: PROBATIONARY PERIOD Section 21.1 Initial Probationary Period 57 Section 21.2 Promotional Probation 57 Section 21.3 Grievances 57 Section 21.4 Transfers and Waiving Probation 57 ARTICLE XXII: REDUCED ACTIVITY PERIOD Section 22.1 Hours 59 Section 22.2 Activity 59 Section 22.3 Good Health Activities 59 Section 22.4 Emergencies 59 Section 22.5 Contact Sports 60 Section 22.6 Adverse Weather Protocol 60 ARTICLE XXIII: CONTIINUOUS EMPLOYMENT Section 23.1 Vacation Picks 61 Section 23.2 Floaters 61 Section 23.3 Layoff and Recall 61 ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT 63 ARTICLE XXV: SAFETY, HEALTH AND PHYSICAL FITNESS Section 25.1 General 65 Section 25.2 Equipment 65 Section 25.3 Medical Examinations 66 Section 25.4 Cooperation 66 ARTICLE XXVI: WORKING OUT OF CLASSIFICATION 69 4 • Fire Collective Bargaining Agreement 2014-2017 iv ARTICLE XXVII: EDUCATION 71 ARTICLE XXVIII: DURATION 73 RATIFICATION: 74 APPENDIX: GRIEVANCE FORM 75 • • Fire Collective Bargaining Agreement 2014-2017 V 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. • • Fire Collective Bargaining Agreement 2014-2017 1 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. 4 • Fire Collective Bargaining Agreement 2014-2017 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. 4 • Fire Collective Bargaining Agreement 2014-2017 3 4 • Fire Collective Bargaining Agreement 2014-2017 4 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. 4 • Fire Collective Bargaining Agreement 2014-2017 5 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. 4 • Fire Collective Bargaining Agreement 2014-2017 6 ARTICLE IV: UNION BUSINESS Section 4.1: Representation and Notice. The Union shall be represented by its President. The Union shall notify the HRD in writing of the names of its President, as well as any designated substitute for the President to serve as the Union representative in the President's absence. The City is not required to deal with anyone as a representative of the Union except its President or, in his/her absence, his/her designee and in written form. 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. 4 • Fire Collective Bargaining Agreement 2014-2017 7 Section 4.4: Visitation. The Chief, or his/her designee, shall permit one authorized non-employee Business Agent of the Union reasonable access to the Fire Stations to handle grievances arising under this Agreement prior to 5:00 p.m., provided that such visits do not disrupt routine operations as determined by the Chief, or his/her designee. The Business Agent designed to have access to the Department shall first obtain the permission from the Chief, or his designee, 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 Collective Bargaining Agreement 2014-2017 8 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. 4 • Fire Collective Bargaining Agreement 2014-2017 9 • • Fire Collective Bargaining Agreement 2014-2017 10 ARTICLE V: MANAGEMENT RIGHTS Section 5.1: Functions of Management. It is the function of management to determine and direct the policies, mode and method of providing its services without any interference in the management and conduct of the City's operations on the part of the Union or any of its representatives. Section 5.2: Operations and Direction of Work Force. The City shall continue to exercise the exclusive right to take any action it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, powers and authority customarily exercised by management, and functions which the City has not expressly modified or delegated by express provisions of this Agreement. Section 5.3: 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 5.4: 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. • • Fire Collective Bargaining Agreement 2014-2017 11 Section 5.5: Emergencies. If, in the sole discretion of the City Manager, it is determined that a civil emergency condition exists, including but not limited to riots, civil disorders, hurricane conditions or other catastrophes, the provisions of this Agreement may be suspended by the City Manager during the time of the declared emergency, except for monetary provisions. Section 5.6: Job Duties. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described and employees, at the discretion of management, may be required to perform other duties not specifically contained in their job description. • • Fire Collective Bargaining Agreement 2014-2017 12 ARTICLE VI: GRIEVANCE, MEDIATION AND ARBITRATION Section 6.1: Grievance. A grievance is defined as a difference between the City and any bargaining unit member or the Union involving an alleged violation or misapplication of a specific provision of this Agreement. When an Article or Section in this contract references or incorporates the City Personnel Rules and Regulations (PRR) a claimed violation, misapplication or misinterpretation of the PRR shall be subject to this Article. However, unless this CBA provides otherwise, the Union retains its right to negotiate over the impact of SOP's to the extent that such actions impact wages, hours or terms and conditions of employment. Section 6.2: Grievance Procedure. Whenever a grievance as specified in Section 6.1 arises between the City and the unit members or the Union, the matter will be handled in accordance with the following procedure. The term "days" as used in this Article shall refer to calendar days. Within five (5) days after the act or occurrence which gives rise to the grievance, or the unit member knew or should have known of such act or occurrence, whichever first occurs, the unit member may meet to discuss the grievance with the unit member's immediate supervisor in an attempt to resolve same. Step 1: If the grievance is not settled in the informal procedure, noted above, or if the grievant decides to proceed with a formal grievance, the grievance must be reduced to writing and signed by the unit member, within ten (10) days after the occurrence which gave rise to the grievance, or the unit member knew or should have known of such act or occurrence, and • • Fire Collective Bargaining Agreement 2014-2017 13 presented to the unit member's Battalion Chief. The written grievance must include: a. A statement of grievance and a summary of the facts on which the grievance is based. b. The remedy requested. A copy of the grievance form is hereby adopted and placed in the appendices. The Battalion Chief, will respond in writing within ten (10) days after receipt of the grievance. Step 2: If the grievance is not settled in Step 1, within five (5) days of receipt of the Battalion Chief's response in Step 1, the grievant or Union may file the grievance, with the Fire Chief. Within ten (10) days of delivery of the written Step 2 grievance, the Fire Chief, or his designee, shall meet to discuss the grievance with the grievant and/or Union representative. The Chief or his designee shall respond in writing within ten (10) calendar days after the meeting. Step 3: If the grievance is not resolved in Step 2, the grievant may file the grievance with the City Manager within ten (10) days after receipt of the Step 2 response. The City Manager shall hold a meeting with the grievant and Union to discuss the grievance within ten (10) days after receipt of the grievance. The City Manager shall respond, in writing, within ten (10) days after the meeting • • Fire Collective Bargaining Agreement 2014-2017 14 6.2:1 Failure of the City to respond at any step shall allow the grievant to proceed to the next step within the time limits just as if the City had denied the grievance in writing on the last day an answer was due. The unit member grievant shall be entitled to be present at any meeting held under Step 2 or Step 3. 6.2:2 When bringing a grievance in its name, the Union may file at either Step 2 or Step 3 depending on the circumstances surrounding the grievance. 6.2:3 When denying a grievance, in whole or in part, management's response shall contain the specific reason(s) for denial. Generic denials such as," the grievance has no merit" or "the grievance is denied," shall not be sufficient. All grievance responses originating at Steps 2 and 3 shall be forwarded to the grievant and the Union. 6.2:4 All grievances for disciplinary matters involving unpaid suspension or termination may be appealed through the grievance process. Section 6.3: Arbitration. If the grievance is not resolved through above steps, the grievance may be submitted to binding arbitration by the Union. Arbitration proceedings must be initiated by serving of a written request for arbitration by the Union within ten (10) days after the City Manager's response. Submission to the arbitrator shall be based exclusively on the written grievance as submitted in Steps 1, 2 and 3 of the grievance procedure. The arbitrator selected shall decide the dispute by using the preponderance of evidence standard and such decision shall be final and binding on the parties. The expenses of the arbitrator shall be borne equally by the parties; and, each party shall be responsible for its own attorneys' fees, any court reporting services it wishes to use, and the wages of unit members, whether they be witnesses, potential witnesses, 4 • Fire Collective Bargaining Agreement 2014-2017 15 representatives, or grievant, it utilizes in any arbitration proceeding. However, it is agreed, that should unit members be on duty during the procedure, the unit members shall suffer no loss of pay or benefits. The jurisdiction of the arbitrator is limited and confined to determining whether there has been a violation of the express terms of this Agreement. The arbitrator shall in no way alter, amend, or modify the terms of this Agreement. The time limits may be extended in writing by mutual consent of the parties. A. Within ten (10) calendar days from receipt of the notice of the intent to invoke arbitration, the Union shall request a list of nine (9) arbitrators from the Federal Mediation and Conciliation Service, all of whom must reside in the State of Florida. The Union shall supply the City with a copy of the list of arbitrators. The Union and the City will alternately eliminate one at a time from said list of names of persons until only one remains, and that person will be the arbitrator. The City and the Union will alternate in the right to first strike names in successive arbitrations. B. As promptly as possible after the arbitrator has been selected, he should conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the unit member(s) aggrieved, the City and the Union in writing. It shall be the obligation of the arbitrator to make his best effort to rule within twenty-one (21) business days after the hearing. Section 6.4: Grievances by Non-Union Member. When the Union refuses to process a grievance for a unit member because of the unit member's non-membership in the Union, the unit member shall have the right to process a grievance under this Agreement, but cannot require arbitration of the grievance 4 • Fire Collective Bargaining Agreement 2014-2017 16 unless the law requires otherwise, in which event, the unit member shall have all the rights and assume all the burdens, limitations and obligations, including financial obligations, of the Union under this Article and any other Article that may apply to his grievance. The unit member will not be entitled to any other grievance process. Section 6.5: General. A. Each grievance shall be arbitrated in a separate proceeding unless the parties mutually agree otherwise. B. The filing of a grievance shall in no way interfere with the right of the City to proceed to carry out its management responsibilities, subject to the final resolution of the grievance, except terminations. Section 6.6: Time Off/Pay. Step 1 of the grievance procedure shall be carried out during the unit member's work hours at a time and place designated by the Chief based on operational needs, and the unit member shall lose no pay. The City shall determine when Steps 2 and 3 shall be processed, and if the Step or Steps, including Arbitration, are processed during their scheduled working hours, neither the Union Representative nor the grievant shall lose pay. Unit member witnesses, other than grievant, whom the City Manager may at his option choose to interview shall lose no pay if interviewed during their working hours, and if interviewed after or before such hours, shall be paid for such time as if they were performing other work for the City. Otherwise, the City shall not be responsible to pay any unit member representative, officer or agent of the Union for any time spent processing grievance matters, but will allow one such person plus the grievant per grievance • • Fire Collective Bargaining Agreement 2014-2017 17 reasonable time off without pay for said activities upon reasonable prior notice if in management's opinion work requirements will allow such absence. 4 • Fire Collective Bargaining Agreement 2014-2017 18 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 until the next test is completed in the month of June. If the list is exhausted new examinations will be given earlier as determined by the Chief in order to facilitate operational needs. 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, must be a relief Engineer for one year, 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 for three years. 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. 4 • Fire Collective Bargaining Agreement 2014-2017 19 B. The Chief shall recommend the contents of the test and the minimum passing score for each position to the City Manager, who shall consider the Chief's recommendation and determine same. The Chief shall set the minimum standard for other practical testing. C. The promotional eligibility list will be comprised of the candidates who have the minimum passing test score. One-half point for each year of continuous service as an Ocoee Fire Department employee (1/2 X years) will be added to the candidate's passing score to establish the final rank order eligibility list. D. 1. Employees with more than one written warning 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. 2. Employees who are on the eligibility list who received 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 from the existing list as provided above, the Chief may fill the vacancy as he deems fit, provided he may not fill the position with a non- employee or employee who does not take and pass the same test as given all eligible employees who apply to take the test. F. Any firefighter promoted to engineer after June 2015 will receive a 5% pay increase, effective the date of promotion. 4 • Fire Collective Bargaining Agreement 2014-2017 20 Any employee that is promoted from engineer to lieutenant that is on the current list before June 2016 shall receive a 10% pay increase, effective the date of the promotion. Any engineer promoted to lieutenant after June 2016 will receive a 7% pay increase. G. Any employee expected to receive an adjustment over this three year period, and is promoted during that time, shall receive his/her entire adjustment amount and then the promotional pay grade increase 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 allow 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 testing for position of lieutenant a lieutenant will be present. When a candidate is testing for engineer an engineer will be present. 4 • Fire Collective Bargaining Agreement 2014-2017 21 4 • Fire Collective Bargaining Agreement 2014-2017 22 ARTICLE VIII: VOTING Employees, who are on duty on an election day, will be allowed to take time off without loss of pay to vote on City Property or at other polling places within the City. The time they take off to vote will be determined by the Chief. All other employees shall vote on their own time — by absentee ballot or as otherwise permitted by law. If an employee who is not scheduled to work on an election day whose voting precinct is not in the City of Ocoee is called into work so that he/she cannot vote on his/her own time, the Chief shall make operational arrangements for the employee to vote without loss of pay. • • Fire Collective Bargaining Agreement 2014-2017 23 • • Fire Collective Bargaining Agreement 2014-2017 24 ARTICLE IX: SPECIAL MEETINGS The City (Two members of Fire Department management and one member of the Human Resource Department) and the two Union officers shall meet and confer on matters of interest upon the request of either party. Such special meetings shall be held on a date and at a time and place mutually agreeable to the parties with a minimum of four a year. Ten days prior to the meeting an agenda of all topics to be discussed shall be furnished to all. The Union shall have the right, at these meetings, to recommend to the Management, corrections of any inequities known to the Union; however, the City shall not be obliged to take any action based on such recommendations. Meetings held under this Section shall not be considered a substitution for the grievance procedure or the right to collective bargaining under the Public Employees Relations Act. 4 • Fire Collective Bargaining Agreement 2014-2017 25 4 Fire Collective Bargaining Agreement 2014-2017 26 ARTICLE X: NON-BARGAINING UNIT EMPLOYEES The City may use non-bargaining unit employees to perform non-emergency work when the City determines it is operationally required so long as bargaining unit members are utilized for emergency work when outside fire department personnel are requested for manpower. The City reserves the right to hire up to three reserves to supplement emergency and non-emergency operations so long as it does not replace any position necessary to maintain minimum staffing levels and the reservist meet and maintain the same qualifications as bargaining members. 4 • Fire Collective Bargaining Agreement 2014-2017 27 4 • Fire Collective Bargaining Agreement 2014-2017 28 ARTICLE XI: INSURANCE AND PENSION Section 11.1: Insurance. During the term of this Agreement, the City shall provide the same health, medical, dental insurance, and short/long term disability under the same terms and conditions for bargaining unit employees and their dependants that it provides for the City's non- bargaining unit, non-exempt employees and their dependents. During the term of this agreement should the City decide to change premiums, co-pays, co-insurance and/or provide incentive programs, the bargaining unit employees will be required to participate as all other non-bargaining unit employees. Bargaining Unit Members that fail to show up for a scheduled appointment at the health center shall pay a scheduled $25.00 charge. Section 11.2: Pension. All bargaining unit positions and employees in those positions, covered by this Agreement, shall be covered by the FS Chapter 175 Plan as established by the City of Ocoee provided they meet the eligibility requirements of same. The City and the Union mutually agree that employees hired after September 30, 2015 shall be subject to the following changes: A. To CAP the percentage of pension multiplier to 3.25% B. To CAP the percentage of pension entitlement to 81.25% C. Will be required to have a minimum of seven (7) years of service with the city in order to be vested. The City agrees to contribute no less than 12% of the fire unit member's payroll to the Pension Fund during the term of this agreement. The bargaining unit members' pension contribution shall be 8% of pensionable earnings. 4 • Fire Collective Bargaining Agreement 2014-2017 29 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, 2012 may elect to either have their account credited with interest at the rate of 2% per annum or credited or debited with an investment return or loss approximately equal to the other assets in the Fund. One change is election is permitted. The parties mutually agree that the total amount of accumulated excess Chapter 175 premium tax monies held in reserve on the effective date of this Agreement shall be applied to reduce the unfunded actuarial accrued liability of the Chapter 175 Plan. The Parties further mutually agree that future excess Chapter 175 premium tax monies shall be used to reduce the unfunded actuarial accrued liability of the Chapter 175 Plan as long as such liability exists, and thereafter shall be applied to reduce the City's annual required contribution to the Chapter 175 Plan. Section 11.3: Pension Multiplier. The City and the Union agree that the pension multiplier will remain at 3.5% for employees hired before September 30, 2015. Section 11.4: VEBA— Other Post-Employment Benefits. The parties agree to participate in a Voluntary Employee Benefits Association — VEBA. • • Fire Collective Bargaining Agreement 2014-2017 30 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 remaining 15% will be paid to the employee. The employee 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, to the employees VEBA account. In addition 12 hours of paid time will be contributed to the employees VEBA account the first payroll after October 1 of each year instead of increasing the Floating Holiday time. Unit members shall be credited 12 hours of paid time to their VEBA account for FY 14/15 if employed by October 1, 2014 upon ratification. 4 • Fire Collective Bargaining Agreement 2014-2017 31 4 Fire Collective Bargaining Agreement 2014-2017 32 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. 4 • Fire Collective Bargaining Agreement 2014-2017 33 4 • Fire Collective Bargaining Agreement 2014-2017 34 ARTICLE XIII: TIME TRADES Section 13.1: Application. Time Trades shall be submitted sixty (60) hours prior to the beginning of the time trade sought and must be approved in advance by the Chief, or his/her designee. Section 13.2: Payback. Employees have up to (1) year from the date of the initial time trade date to payback a time trade. Failure to pay back a time trade after this year has passed will result in the forfeiture of his obligation. Employees will only be able to accrual a maximum of ten (10)time trades. Section 13.3: Authorization. The appropriate form must be completed and signed by each employee and their respective supervisor before the time trade will be approved. The privilege of trading time may be revoked at any time for abuse of the privilege. 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 Collective Bargaining Agreement 2014-2017 35 Section 13.6: Definition. A time trade is defined as (1) one event or trade, no matter how many hours are involved up to (24) hours. Any time trade up to (24) hours will count as (1) one time trade in regards to the maximum of(10) time trades allowed for accrual. No permanent time trades allowed. 4 • Fire Collective Bargaining Agreement 2014-2017 36 ARTICLE XIV: 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 Section 14.2: Eligibility for Holiday Pay. A. An employee must be on an approved paid leave or work the normal schedule of hours, on the regularly scheduled working day immediately prior to and immediately following a holiday, in order to qualify for the holiday time or pay. B. 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 or 12 hours of comp time. C. 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 'A) his/her straight time rate or 18 hours of comp time. D. 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. • • Fire Collective Bargaining Agreement 2014-2017 37 Fire Collective Bargaining Agreement 2014-2017 38 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 approved by the Fire Chief. Paid time off not taken by a full-time employee who does not successfully complete the first six (6) months of the initial probationary period, including resigning, shall not be paid any accrued hours upon termination of employment. C. Any employee within the initial one-year probationary period of time that calls off work and cannot show an emergency reason for calling off may be subject to a written warning for failure to report to work as scheduled. Section 15.2: Accrual of Leave. 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 1st each year and only after the employee has worked for the City for one year. Bargaining unit members employed as of October 1, 2014 shall be credited 24 hours of paid time off for FY 14/15. 4 • Fire Collective Bargaining Agreement 2014-2017 39 A. Full-time employees earn Paid Time Off(P.T.O.) as follows: One through five years of service - 10.62 hours bi-weekly (276.16 hours per year) Six through ten years of service - 13.39 hours bi-weekly (348.18 hours per year) Eleven years 4- 15.23 hours bi-weekly (396.00 hours per year) B. A full-time employee can only accrue up to 580 hours of paid time off. Section 15.3: PRR. The other rules and conditions with respect to paid time off are as set forth in the PRR. However, any employee requesting time off shall request no less than 8 hours or 4 hours comp time minimum, except for approved educational purposes. Section 15.4: PTO per Shift. Three (3) rank and file employees will be allowed off. Only Light duty absences (which occur for only work related injuries), and permanent vacancies will not count toward the shift PTO for rank and file employees. Light duty absences required by a healthcare provider for pregnancy will count toward the shift vacancies. • • Fire Collective Bargaining Agreement 2014-2017 40 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. 4 • Fire Collective Bargaining Agreement 2014-2017 41 4 • Fire Collective Bargaining Agreement 2014-2017 42 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 Fl. 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. • • 43 Fire Collective Bargaining Agreement 2014-2017 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. The member has an option to receive the half-time as pay or convert to comp time which would also include paramedic incentive. Pay is currently computed at 9 hours times half the member's rate of pay. Compensatory time will be converted at 9 hours times one-half or 4.5 hours of time added the member's compensatory bank. In addition, if the member is a paramedic, the incentive rate of pay will be converted to one hour of comp time for every 9 hours of half time. D. For the purposes of overtime computation, PTO not approved in advance of 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. • • Fire Collective Bargaining Agreement 2014-2017 44 Section 17.3: Assignment of Overtime. When the Battalion Chief or his/her designee determines there is a need to schedule personnel for scheduled overtime, the following procedure will apply. Basically, a classification for classification replacement will be utilized, unless otherwise directed by management. All combat personnel will be placed in one of the three following categories according to their current rank and/or EMS licensure: Lieutenant, Engineer, and Firefighter. Example 1: If three (3) personnel are on PTO and FF calls in sick, the Battalion Chief will reference the FF overtime list to hire his/her replacement. This process will repeat itself accordingly for all three (3) 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 either list that the individual was scheduled to ride up in. Example 3: If three (3) personnel are on PTO and a FF is on light duty or a vacancy, the Battalion Chief will reference the FF overtime list to hire his/her replacement. This process will repeat itself accordingly for all three (3) lists. The current overtime lists will be maintained by the Battalion Chief in their office. These lists will cycle through all personnel, year to year, and continue reverting back. Personnel contacted for the scheduled overtime assignment will have the opportunity to either accept or refuse the assignment. If the assignment is accepted and that person works eight (8) or more hours that person will be placed on the bottom of the list. When a scheduled overtime phone call results in a voicemail, answering machine or a "no answer", said individual will be placed at the bottom of the list. 4 • Fire Collective Bargaining Agreement 2014-2017 45 When hiring overtime for the next shift, the Battalion Chief will make one attempt at contacting the emergency callout number. That will constitute a contact and that person will be placed on the bottom of the list. When hiring overtime that is more than one shift away, the Battalion Chief will wait five minutes and then move on to the next person and follow the above procedure. If after following the procedure outline above, no employee that management considers qualified accepts the overtime, the Battalion Chief will assign overtime as he/she deems appropriate. If no employee accepts overtime, the least senior employee in the needed classification on the off-going or on-going shift will be held to work overtime. When overtime is forced, based on classification, the forced overtime will be rotated through all members in that classification on that particular shift, to ensure the same member is not continually forced to work the overtime assignment. However, overtime cannot be mandatory if the employee is on list as unavailable at time of overtime. A fire inspector and/or training Lieutenant may be used for the assignment of overtime as agreed upon in the SOP. The procedure, hours and qualifications will be incorporated in this SOP. 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. 4 • Fire Collective Bargaining Agreement 2014-2017 46 The maximum number of compensatory time-off hours accumulated may not exceed 120 total hours. The employee may request compensatory time off in accordance with the other time off provisions within this Agreement. All hours accumulated and not used by the employee by September 30 of each year, shall be contributed to that employees VEBA account. The City can offer comp time for any overtime assignment offered that is not a shift assignment unless it is mandatory for the assignment, then the bargaining unit member has the option to receive the overtime. When a unit member who is a paramedic elects to be paid for compensatory time their rate of pay shall include the paramedic incentive. • • Fire Collective Bargaining Agreement 2014-2017 47 4 • Fire Collective Bargaining Agreement 2014-2017 48 ARTICLE XVIII: LIGHT DUTY Section 18.1: Compensation. A. 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. B. Light duty absences required by a healthcare provider for pregnancy will count toward the shift vacancies. Section 18.2: Determination Light duty shall be performed within the Ocoee Fire Department if the Chief determines it is available. If the Chief determines it is not available, light duty shall be performed wherever assigned by the City. Light duty shall neither be automatically provided within the stations nor as a 24 hour shift and shall be at the sole discretion of the Chief. • • Fire Collective Bargaining Agreement 2014-2017 49 4 • Fire Collective Bargaining Agreement 2014-2017 50 ARTICLE XIX: WAGES Section 19.1: Pay Increases. Effective upon ratification through September 30, 2017, all bargaining unit members shall receive the same percentage increase to their base rate of pay as the general employees of the City, however .5% of that amount shall be contributed to the member's VEBA account. For FY 14/15, unit members employed on October 1, 2014, shall receive a lump sum amount following ratification of 2.4%. Section 19.2: 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. This incentive will begin after probation and Orange County Protocol tested and passed. No other wage increases shall be provided through the term of this agreement. Section 19.3: Other Incentive Pay A. The City agrees to pay 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/FTO, $1000.00 per year (max of 2 per shift) with one being a paramedic. The Fire Department shall post the requirements for preceptors/FTO. Section 19.4: Starting Pay The starting salary for new firefighters will be $36,900.24 per year. The starting salary for new Fire Inspectors will be $40,687.66 per year. • • Fire Collective Bargaining Agreement 2014-2017 51 4 • Fire Collective Bargaining Agreement 2014-2017 52 ARTICLE XX: UNIFORMS AND EQUIPMENT Section 20.1: Uniforms. Uniform classes are described in SOP's. Class A to be worn on official duties (i.e. Funerals) Class B (short sleeve dress shirt and pants) to be worn for day to day operations including all PR events, company inspections and station tours Class C may be worn during reduced activity period Class D to be worn after 8pm Section 20.2: Initial Issue. A. New firefighters will be issued the following clothing. . 2 Blue Dress shirt, short sleeve 1 Blue Dress shirt, long sleeve 1 Tie 4 Pant— plain blue, Class A/B 2 Pants—BDU 6 T-Shirts 2 Gym shorts 1 Sweat pants 2 Sweat shirts 1 Pair Uniform shoes/boots 1 Badge 1 Sets collar brass 1 Name tags 1 Time of Service tags 1 Raincoat 1 Winter coat 1 Baseball Cap 1 Belt 1 Complete set of approved Bunker Gear B. Fire inspectors while conducting required building and property inspections, 40 hours per week day shift, with the approval of the fire chief, may be allowed to wear appropriate fire department golf shirts. During PR events, station tours and any business meetings conducted at City Hall or any other professional setting, appropriate Class B attire must be worn or as required by the Chief. • Fire Collective Bargaining Agreement 2014-2017 53 Section 20.3: Replacement. All employees who have at least one (1) year of continuous service shall be credited with a one time clothing/shoe allowance by October 31st of each year to be used for uniform replacement of Class A-D in the following amount: Shift bargaining unit employees -- $450.00 Amounts credited that are not used by September 1st of the year or upon the cessation of employment shall revert back 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 Tag 2 White Dress shirts, short sleeve 1 White Dress shirt, long sleeve 6 T-shirts 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. • • 54 Fire Collective Bargaining Agreement 2014-2017 Section 20.5: Changes. Any changes shall be paid using the clothing/shoe allowance unless changes are made by management. If made by management, then items will be exchanged item for item. • • Fire Collective Bargaining Agreement 2014-2017 55 4 • Fire Collective Bargaining Agreement 2014-2017 56 ARTICLE XXI: PROBATIONARY PERIOD Section 21.1: Initial Probationary Period. The initial probationary period for new employees, accumulation of benefits, continuous service credit, participation in benefits, disciplinary actions and continued employment for bargaining unit employees shall be the same as for all other non-exempt non-bargaining City employees, unless otherwise specifically provided in this Article. Section 21.2: Promotional Probation. Employees promoted to a higher rank shall serve a six (6) month probationary period. During this six (6) month period the employee will not be allowed to work a higher classification. Section 21.3: Grievances. Unless specifically provided in this Agreement, employees who have not successfully completed their initial 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, including engineer and lieutenant positions, from within or from outside the OFD the following shall be required: A. An application must be filed during the period of the annual advertisement. B. The applicant must be determined by the Chief to meet all of the minimum qualifications established by the Department and City. 4 • Fire Collective Bargaining Agreement 2014-2017 57 C. If determined to meet all the minimum qualifications, the applicant must pass all written, practical and other tests established by the Department with the passing grade established by the Chief. D. If an employee, the applicant's last job performance evaluation must have been "above operational" 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. 4 • Fire Collective Bargaining Agreement 2014-2017 58 4 Fire Collective Bargaining Agreement 2014-2017 59 ARTICLE XXII: REDUCED ACTIVITY PERIOD Section 22.1: Hours. Subject to operational needs, there shall be a period of reduced activity on each shift which should normally run from 1700 to 0630. Section 22.2: 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 , 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 Battalion Chief. • • Fire Collective Bargaining Agreement 2014-2017 60 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. • • Fire Collective Bargaining Agreement 2014-2017 61 ARTICLE XXIII: CONTINUOUS EMPLOYMENT Section 23.1: Vacation Picks. When one (1) or more bargaining unit employees seeks to use paid time off leave for vacation under the City PRR, the employee with the most time in each position will be given preference unless the Chief, or his designee, determines such a preference in a particular instance will interfere with Departmental operations. Vacations (initial picks) shall be picked according to rank in seniority, no more than five (5) consecutive shifts and not more than ten (10) shifts in a calendar year. Three (3) rank and file employees are allowed off at initial vacation picks. Lieutenant 1st pick Engineer 2nd pick Firefighter 3rd pick Section 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. A unit member, not on probation, will be assigned to float. If a bargaining unit member is on the promotion list, that they are given the option to ride up. Section 23.3: Layoff and Recall. Layoff and recall shall be in accordance with the City PRR. 4 • Fire Collective Bargaining Agreement 2014-2017 62 4 • Fire Collective Bargaining Agreement 2014-2017 63 ARTICLE XXIV: PERSONAL PROPERTY REPLACEMENT The City agrees to reimburse employees the cost of replacing or repairing wristwatches and prescription eyeglasses, but not contact lenses, destroyed or damaged in the line of duty unless caused by the negligence of the employee subject to the following conditions: 1. The maximum reimbursement for prescription eyeglasses shall be $150.00 and for wristwatches shall be $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 Collective Bargaining Agreement 2014-2017 64 • • 65 Fire Collective Bargaining Agreement 2014-2017 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: 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. 4 • Fire Collective Bargaining Agreement 2014-2017 66 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 every 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. 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. C. Present incentives will cease and future incentives will be based on City wide plans and subject to Health care plan for all other non-bargaining unit employees. • • Fire Collective Bargaining Agreement 2014-2017 67 D. Physicals 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 shall be performed yearly; 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. 4 • Fire Collective Bargaining Agreement 2014-2017 68 4 Fire Collective Bargaining Agreement 2014-2017 69 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, as long as they work at least 3 hours of continuous work in the higher classification. Compensation for working out of classification will be as follows: Firefighter working as an Engineer: $25.00 per shift Engineer working as a Lieutenant: $50.00 per shift Lieutenant working as a Battalion Chief: $100.00 per shift Or can choose to receive Firefighter working as an Engineer: 3 hours comp time per shift Engineer working as a Lieutenant: 4 hours comp time per shift Lieutenant working as a Battalion Chief: 7 hours comp time 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. 4 • Fire Collective Bargaining Agreement 2014-2017 70 • • Fire Collective Bargaining Agreement 2014-2017 71 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 guidelines and any changes deemed necessary by the Education Committee. 4 • Fire Collective Bargaining Agreement 2014-2017 72 Fire Collective Bargaining Agreement 2014-2017 73 ARTICLE XXVIII: DURATION This contract shall remain in full force and effect through midnight September 30, 2017, 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, 2017 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 Collective Bargaining Agreement 2014-2017 74 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 Collective Bargaining Agreement 2014-2017 75 O c o e e CITY OF OCOEE FIRE DEPARTMENT • GRIEVANCE FORM Date: Name of Grievant: Date of alleged event: Specific Article(s) and paragraphs allegedly violated: Statement of facts pertaining to or giving rise to alleged grievance: Specific relief requested: Signature of Union President Signature of Grievant: IAFF-Local 3623 4 City of Ocoee Fire Department 563 S. Bluford Ave Ocoee, FL 34761 (407)905-3140