A
Collective Bargaining Agreement Between
Matlacha/Pine
and
Fire Fighters & Paramedics
Local 1826
Effective Through September
30th, 2012
TABLE
OF CONTENTS
ARTICLE PAGE
1 Preamble----------------------------------------------------------------------- 3
2 Recognition-------------------------------------------------------------------- 4
3 Strike
Prohibition, Work Requirement and Discrimination--------------- 5
4 Management Rights-------------------------------------------------------- 6-7
5
6 Rules & Regulations---------------------------------------------------------- 9
7 Union Business-------------------------------------------------------------- 10
7A Union
Business Time Donation Sheet------------------------------------- 11
8 Dues Deduction ------------------------------------------------------------- 12
8A Dues
Deduction Authorization Sheet-------------------------------------- 13
9 Grievance Procedure---------------------------------------------------- 14-15
10 Reduction of Personnel----------------------------------------------------- 16
11 Workers Compensation----------------------------------------------------- 17
12 Sick Leave--------------------------------------------------------------- 18-20
13 Leave of Absence / Bereavement---------------------------------------- 21
14 Jury Duty, Subpoenas, Time to
Vote-------------------------------------- 22
15 Vacation/Annual Leave---------------------------------------------------- 23
16 Holidays---------------------------------------------------------------------- 24
17 Hours of Work /
Overtime-----------------------------------------------25-26
18 Uniforms & Equipment------------------------------------------------- 27-28
19 Trading of Time------------------------------------------------------------- 29
20 Education--------------------------------------------------------------------- 30
21 Incentive Pay------------------------------------------------------------ 31-33
22 Retirement Plan------------------------------------------------------------- 34
23 Employee Insurance-------------------------------------------------------- 35
24 Discipline &
Discharge------------------------------------------------- 36-37
25 Military Leave--------------------------------------------------------------- 38
26 Station Facilities------------------------------------------------------------- 39
27 Prevailing Rights------------------------------------------------------------- 40
28 General Provisions---------------------------------------------------------- 41
29 Physicals------------------------------------------------------------------ 42-43
30 Pagers------------------------------------------------------------------------ 44
31 Wages-------------------------------------------------------------------- 45-48
32 Alcohol & Drug Testing---------------------------------------------------- 49
33 Promotions / Acting out of Classification----------------------------- 50-51
34 Duration---------------------------------------------------------------------- 52
35 Minimum Manning-----------------------------------------------------------53
36 Entire Agreement ----------------------------------------------------------- 54
37 Ratification------------------------------------------------------------------ 55
ARTICLE 1 PREAMBLE
1.1 In accordance with Chapter 447, Part II of the Florida Statutes, this agreement is entered into by and between Matlacha/Pine Island Fire Control District (hereinafter, the district) and the Southwest Florida Professional Fire Fighters, Local 1826, International Association of Fire Fighters, Inc. (hereinafter, the union).
1.2 The
purpose of this agreement is to promote and maintain harmonious and cooperative
relationships between the District and its employees, both individually as well
as collectively through the Union; to foster safety in the work place; to
provide an orderly and peaceful means for resolving differences which arise
concerning the interpretation or application of this agreement; and to set
forth herein the basic and entire agreement between the parties in the
determination of wages, hours, and terms and conditions of employment.
1.3
This
agreement is intended to promote the best interest, of the public, District
and employees by
providing the highest level
of fire protection, prevention, suppression, education, and medical
services consistent with rescue services that the
district currently provides to the citizens within
the district in the most
professional, efficient and cost-effective manner possible, based on available
resources.
ARTICLE 2 RECOGNITION
2.1 The District hereby
recognizes the union as the exclusive bargaining agent for employees of the
district as certified by the Florida Public Employees Relations Commission in
Case No. RC-99-034, Certification #1272, September 30, 1999.
The appropriate bargaining
unit is comprised as follows:
INCLUDED: All regular and
probationary full time employees of the Matlacha/Pine Island Fire Control
District in the following classifications: Firefighter, Engineer, Captain, Fire
Safety Inspector, and Fire Mechanic.
EXCLUDED: Fire Chief, Deputy Fire Chief, Administrative Assistant, and Secretary.
2.2 The
2.3 The
Union may display a certificate of 100% membership in an area of public view,
in each station of the District, so long as the
2.4 The
Union DVP will have the opportunity to send information to Union employees by
submitting all copies of the information to the District for enclosure with the
employees pay checks. Distribution of paychecks will not be delayed to
accomplish this request.
2.5
All employees will serve one
(1) year of probation. These
Employees will be “At Will” and be held to the Standards as stated in the
District’s Administrative Guidelines.
2.6
New Employees may have the period of probation
extended one time, for an additional six (6)
months as
shall be determined by the
ARTICLE 3
STRIKE PROHIBITION, WORK
REQUIREMENTS AND DISCRIMINATION
3.1 The union and bargaining unit members do
not assert and will not assert or advocate any right to engage in any work
stoppage, slow down or strike, or to withhold services or otherwise hinder the
District’s operations. Each employee
shall comply with this Article and the strike prohibition of Section 447.505,
Fla. Statutes and the Constitution of the State of
3.2 In justice and fairness to the District, and all persons who are served by it, all employees shall report to work on time, not leave early unless authorized, be prompt in reporting to their assigned duties, and faithfully perform their duties.
3.3 Neither
the District nor the union shall discriminate against any employee covered by
this Agreement because of union membership or non-membership, or for any reason
not contrary to law.
3.4 The
District shall not discriminate between bargaining unit employees and
non-bargaining unit employees in areas of discipline.
ARTICLE 4 MANAGEMENT
RIGHTS
4.1 The
union recognizes the Fire
4.2 Management
rights include, but are not limited to, the following:
a) to
direct all operations of the district;
b) to
establish and modify reasonable work rules,
schedules of work, and administrative procedures and guidelines as may be
needed in the best interest of the District.
c) to hire, promote, transfer, schedule and assign employees to positions within the district’s organization;
d) to
suspend, demote, discharge or otherwise discipline employees, for just cause. Just cause shall include, but not be limited
to conduct described in Article 24, Paragraph 8 (24-8) of this agreement. Nothing contained herein shall preclude the
e) to relieve employees from their duties because of lack of work or for any other legitimate reasons;
f) to
maintain efficiency of fire and rescue operations;
g) to
take whatever action is necessary to comply with federal, state, and local
laws;
h) to
introduce new and improved methods or facilities;
i) to
change existing methods or facilities;
j) to determine the kinds and amounts of operational services to be performed, and the number of personnel classifications required to perform such services;
k) to
contract for goods and services other than those provided by bargaining unit
employees;
l) to determine the methods, means, and personnel by and through which operations are to be conducted;
m) to take whatever action is necessary to carry out the functions of the District in situations of emergency;
n) to promote, hire or appoint such
personnel as may be deemed necessary to fulfill management or supervisory
functions required for proper operations;
o) to make such adjustments as may be
deemed necessary to the budgeted
expenditures incurred or agreed to, so as to maintain a sound financial profile
of tax revenues received and disbursed;
p) to
hire civilians to perform duties which do not require a certified fire fighter.
Civilians performing these duties, which are not included in Article 2.1 shall
not be subjected to this agreement.
ARTICLE 5 UNION RIGHTS
5.1 Members of the bargaining unit shall have the right to: either join the
union, or not join the union. They shall also have the right to engage in
lawful concerted activities for the purpose of collective bargaining
negotiations; to express or communicate to management any view, grievance,
complaint or opinion, related to the conditions of compensation and terms of
employment of public employees for their betterment, all free from restraint,
coercion, discrimination or reprisal.
5.2 Nothing
shall abridge the right of any duly authorized representative of the union to
present views of the Union on issues that affect the welfare of its members or the District as long as it is clearly presented as
the view of the union and not necessarily the view of the District to the
District’s elected officials.
ARTICLE 6 RULES AND REGULATIONS
6.1 The
6.2 The District agrees to furnish each new
employee and all current members of the bargaining unit, with copies of each of
the following:
A. Matlacha/Pine Island Fire
Control District Guidelines.
B.
Matlacha/Pine
C. Where there is any conflict
between the referenced Guidelines and this Agreement, this
Agreement shall control
6.3 The employer agrees to conduct
all disciplinary actions and disciplinary investigations
in accordance with Florida Statutes 112.80 (Fire Fighter's
6.4
All Memos and Standard Administrative
Guidelines in operation on the effective date of this agreement shall remain in
full force and effect if not specifically in conflict with any Article or
Section of this Agreement.
6.5 In
an effort to avert grievances and Unfair Labor Practice charges, in this
regard, the District
shall provide a copy of any proposed
new rules, regulations, Standard Administrative Guidelines
or changes in existing ones, and
memos implementing revisions to the above to the
for review at least 5
business days prior (when at all possible) to the implementation date. A copy
shall then be available for employees at each station for review/reference. If
the department is unable to contact the DVP it shall contact the main union
office for purposes of meeting this section.
6.6 When leaving their employment from the
District, employees should give a minimum of (2) two
weeks notice in writing.
6.7 Hair and facial hair
shall be clean, neat and trimmed. Facial
hair that interferes with the face
piece seal on District air packs shall
be prohibited.
6.8 There will be no smoking or use of
tobacco products in any enclosed indoor workplaces of the
District buildings, facilities, or
vehicles. On duty employees are not to
use any tobacco products
when any member of the general
public is present. At each station an
area outside the building
will be designated as a tobacco
area.
6.9 Employees shall do their banking on
Fridays only unless altered by holidays.
Paychecks will be
issued on Fridays in accordance with the District’s
regular pay schedule. Paychecks will be
available by 9:00 A.M. on such Fridays.
6.10
Each station will be allowed to go to the store once per day as
determined by Management
to get items for lunch or dinner. The store must be within the District.
ARTICLE
7 UNION
BUSINESS
7.1 The
District agrees to allow the union to hold its meetings at a Matlacha/Pine Island
Fire Control District Station in the meeting room at a mutually agreed time and
date.
7.2 Three
(3) members of the "Union negotiating team" shall be allowed to
attend all negotiating meetings which shall be mutually set by the District and
the union.
7.3 The
District agrees to allow all "Union Officers" on
duty to attend union meetings at the station, providing proper manning is met
without having to call in additional personnel.
7.4 The
District agrees to allow all "Union members" to donate one (1) hour
increments of vacation time and put it towards a union time bank for use for
union official functions while on duty.
This donation of time shall be accomplished during the month of January
each year. If a DVP leaving on union
business causes the need for overtime, sufficient hours donated to the union
time bank shall be converted for department use to pay for the overtime cost
incurred. Unused time shall roll
over to the next calendar year.
7.5 All
union members should fill out the form 7A on the next page, authorization to
deduct vacation hours from one’s accumulated time.
7.6 The
District agrees to provide a copy of the Matlacha/Pine Island Fire Control
District monthly fire commission meeting minutes (monthly) to the DVP at
printing or as soon thereafter as possible.
7.7 The district
shall not be held responsible for compliance with article 7.4.
7-A.1 I
hereby authorize the district to deduct ________ hours (1 hour increments) from
my vacation time to be placed in the union time bank for official union
functions. Please turn in this form to
the Matlacha/Pine Island Fire Control District union DVP during January of each
year.
_____________________________ ______________
Signature Date
_____________________________
Print
Name
ARTICLE 8 DUES DEDUCTION
8.1 The
District shall deduct, without charge, from the pay of all Union members who
authorize such deduction, the monthly dues payable to the union.
8.2 Payroll
deduction shall be accomplished each pay period of each month, not to exceed 52
deductions in a calendar year. The amount deducted will be determined by
dividing the annual amount, as certified by the Southwest Florida Professional
Fire Fighters & Paramedics Secretary/Treasurer by 52.
8.3 Employees
desiring the dues deduction shall authorize it by completing an appropriate
form prescribed by the District and included in Article 8A.
8.4 Employee’s
dues shall be mailed to the union office once each month with a roster
indicating each employee’s amount deducted.
A union employee list shall be provided to the union, sorted
alphabetically.
I hereby authorize the Matlacha/Pine Island Fire Department, or it’s agents, to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 1826/I.A.F.F. Inc., said local union. This authorization is revocable by a notice in writing to the Matlacha/Pine Island Fire Department.
I hereby waive all rights and claims for said monies
so deducted and transmitted in accordance with this authorization, further and
separately, relieve the Matlacha/Pine Island Fire Department and any agent,
from liability therefore.
NAME_____________________________ DATE____________
SOCIAL SECURITY
NUMBER_____________________________________
EMPLOYEE
SIGNATURE_________________________________________
I hereby authorize the Matlacha/Pine Island Fire
Department, or it’s agents, to stop deducting from my earnings, the regular
monthly dues (uniform in dollar amount) in the amount certified by the
Treasurer of Local 1826/I.A.F.F. Inc., said local union. This authorization is
revocable by a notice in writing to the Matlacha/Pine Island Fire Department.
I hereby waive all rights and claims for said moneys
so deducted and transmitted in accordance with this authorization and, further
and separately, relieve the Matlacha/Pine Island Fire Department and any agent,
from liability therefore.
NAME_____________________________ DATE____________
SOCIAL SECURITY
NUMBER_____________________________________
EMPLOYEE SIGNATURE_________________________________________
ARTICLE 9 GRIEVANCE
PROCEDURE
9.1 In a mutual effort to
provide harmonious working relations between the parties to this Agreement, it
is agreed to and understood by both parties that there shall be a procedure for
the resolution of grievances between the parties arising from any alleged
violation of this Agreement.
9.2 Definition. For the purpose of this Agreement, a grievance is defined as an alleged violation of a specific written provision of this agreement, which involves the meaning, interpretation or application of this agreement.
9.3 Nothing in this
Agreement shall be construed to prevent any employee from presenting, at any
time, his/her own grievance in person or by legal counsel, to the DISTRICT and
having such grievances adjusted without the intervention of the bargaining
agent; provided the adjustment is not inconsistent with the terms of this
Agreement and if the UNION has been given reasonable opportunity to be present
at any meeting called.
9.4 Every effort will be
made by the parties to settle all grievances as soon as possible. The time
limits set forth shall be strictly complied with, and can only be extended by
mutual agreement of the parties in writing.
. a.)
The UNION will not be required to process grievances for employees who are not
members of the
9.5 All grievances, as outlined above must be in writing and must contain the following
information:
a) Article and Section of the Agreement alleged to have been
violated;
b) A full statement of the grievance, giving facts, dates and times
of events, and specific violation with the remedy or adjustment desired;
c)
Signature of aggrieved employee and date signed.
9.6 Grievances shall be
processed in accordance with the following procedures. If the resolution sought
by the grievant is not attained or a mutual agreement (in writing) is not
reached, the DISTRICT will be responsible for submitting the grievance to the
next step. The
STEP 1: A. Upon receipt of written grievance, the grievant shall be
given the chance to discuss his/her
grievance orally with his/her captain
within (7) seven business days of the alleged violation
and or the time the employee gained
knowledge of the alleged violation of the contract. The
captain shall attempt to adjust the
grievance with the aggrieved employee.
And shall notify
Deputy
adjustment or resolution.
B. If the complaint is not resolved within (7)
seven business days in Step 1.A, the aggrieved
Employee and the Union representative
will present the grievance in writing to the Deputy
ARTICLE 9 GRIEVANCE PROCEDURE
STEP 2: The Fire
9.7 If a grievance, as
defined in this Article, has not been satisfactorily resolved within the
grievance procedures, the
9.8 The
parties affected shall request the Federal Mediation and Conciliation Service
to submit a panel of five (5) arbitrators.
Arbitrators shall be selected from such panel by alternately striking
names from this list (the district shall strike first) until the last name is
reached. The striking of names will take no longer than ten (10) business days
from receipt of said panel.
9.9 Limitations on the
powers of Arbitrator are as follows:
a) The
Arbitrator shall not have the power to add to, subtract from, modify, or alter
the terms of this Agreement.
9.10 There shall be no appeal
from the Arbitrator's decision; it shall be final and binding on the UNION and
on all bargaining unit employees and on the DISTRICT; provided, however, that
the Arbitrator's decision is not outside or beyond the scope of the
Arbitrator's jurisdiction or violates the Florida Arbitration Code.
9.11 The Arbitrator will divide the cost of the arbitration services between the parties equally. Each side desiring a transcript will pay for it. Expenses for witnesses shall be borne by the party calling said witnesses.
9.12 Both the Inspector and
Mechanic shall substitute the Deputy
ARTICLE l0 REDUCTION OF PERSONNEL
10.1 In
case of a personnel reduction within one or more job classifications, the
reduction shall be determined by seniority within Matlacha/Pine Island Fire Control District. Reduction of
personnel shall be implemented only after the district and the union meet to
discuss all other possible financial solutions. However, any final decision as
to the reduction of personnel will be the right of the District based on
business necessity. Reduction of
personnel will start with the lowest job classification, and shall be by
seniority within that particular classification. The first classification shall
be Fire Fighter (non-certified).
10.2 No new
employee shall be hired until the laid-off employee has been given the
opportunity to return to work.
10.3 In the
event the recalled employee does not report back to work within ten (10)
calendar days after receiving notification, the District will recall the next
senior employee.
10.4 In the
event the list of laid-off employees is exhausted, or if no recalled employees
report back to work within ten (10) calendar days after receiving notification,
the District may hire a new employee to fill the vacancy.
10.5 The
notification in 10.3 shall be by certified mail (return receipt requested) to
the employee's last known address as it appears in the personnel records.
10.6 In the
event a current full time position becomes vacant, the said vacancy will only
be filled with a full-time employee. The district is permitted to utilize
existing volunteers to provide adequate on duty manning levels for a period not
to exceed 45 calendar days. The district shall only use state certified fire
fighters and implement this procedure when there is a financial burden.
10.7 The
District agrees not to enter into any agreement with any private Fire
Protection agency at any time during the existence of this agreement.
10.8 The
District currently has a written policy regarding the use of
volunteer personnel. This policy will remain in effect.
11.1 If
an employee is injured in the line of duty, he/she must notify the chief or
his/her designee, and file for Workers Compensation under Florida Statute
within 24 hours when possible. The department shall implement the workers comp
employee insurance policy to assist the employee in receiving at least the
minimum net pay.
11.2 Light
Duty will be available after the employee receives a letter from the District’s
Worker’s Compensation Carrier’s designated physician approving the employee for
light duty providing light duty is available within the Matlacha/Pine Island Fire Control District.
ARTICLE 12 SICK LEAVE
12.1 Sick Leave
Shift employees in the bargaining unit shall accrue 12 hours of sick leave per month. 40 hour per week employees in the bargaining unit shall accrue 8 hours of sick leave per month. Sick leave may be accumulated up to a maximum of 720 hours for shift personnel and 480 hours for 40 hour per week employees. Sick leave shall be charged on an hour for hour basis.
12.2(a) Approved Uses of Sick
Leave
Sick leave may only be
utilized for employee sickness, sickness in the employee's immediate family,
necessary medical and dental appointments, injury, disability, pregnancy, for
quarantine by health authorities or as approved by the
12.2(b) An employee requesting sick leave beyond the time limitations
set forth in section 12.5, shall provide a Doctor’s certificate to the
12.2(c) Abuse
of Sick Leave
Abuse of sick leave benefits shall
be grounds for immediate disciplinary action including but not limited to
dismissal. For the purpose of this article, disciplinary action shall refer to
Group Two Offenses in the Administrative Guidelines. Examples of Abuse of Sick
Leave include a pattern of calling in sick on pre-scheduled overtime; excessive
use of sick leave without a proof of illness slip; and/or a pattern of usage
before vacation or overtime, (before or after) during that pay period,
weekends, trade time, holidays, birthdays, etc.
12.3 Immediate Family
For purposes of this
Article, Immediate Family is defined as a spouse, child, father, mother, foster
child or any financially dependent relative living in the employee's household,
or any person of which the employee is the legal guardian.
12.4 Notification of Absence
Notification of
absence due to illness or injury shall be given to the Officer in charge as
early as possible. However, all employees must provide at least one (1) hour advance notice of their inability to report for
duty due to illness / injury. Calls should be minimized between the hours of
2200 - 0530 hrs
12.5 Excused and Unexcused Sick Leave Requirements
Each Fifty-six (56) hour per week employee shall be granted three (3) unexcused instances of sick leave per calendar year. Each Forty (40) hour per week employee shall be granted three (3) unexcused instances of sick leave per calendar year. For employees absences thereafter, the employee must present a medical certificate at the employee’s expense during their first shift back to work. An unexcused absence shall be defined as a return to work from an off duty sickness or injury without presenting a Doctor's certificate. A Doctor's certificate shall also be required of any employee returning to work after the use of two (2) or more consecutive shifts/days of sick leave. If the department can show a pattern or practice of sick leave use / abuse, it may require the employee to be seen by the district’s physician for the purpose of confirming said illness / injury. The district shall be responsible for payment of examination.
ARTICLE 12 SICK
LEAVE
12.6 When Accumulated Sick Leave is expended
When an employee's term of illness exceeds his/her accumulated sick leave, he/she may use his/her accumulated vacation time, rather than applying for leave without pay.
12.7
Sick leave and Line of duty death payment
(a) Payment for accumulated sick leave: Employees who leave the
department with fifteen (15) years of continuous service will be
eligible for payment for
100% of their accumulated sick leave and 50% after 10 years of
continuous service. Such
amount will be paid directly to the eligible employee or the last stated
beneficiary on file
with the district. Employees who
leave the District between the beginning of their sixth
year to the end of their ninth year shall be eligible to receive payment
in the amount of
25% of their accumulated sick
leave.
(b)(1) Sick Leave:
Forfeiture: If an employee leaves his or
her employment, or is terminated prior
to five (5) years of continuous service, then the accumulated sick leave shall
be forfeited. Employees who leave the
District between the beginning of their sixth year to the end of their ninth
year shall be eligible to receive payment in the amount of 25% of their
accumulated sick leave.
(b)(2) Sick Leave Payment In the Event of
Disability: However, if an employee has
to leave the fire service due to a permanent disability certified as such by a
physician that arose or occurred during the course and scope of his or her on
the job duties and responsibilities, then such employee will be eligible for
100% of his or her sick leave time.
(c)(1) Line of Duty Death
Payment: An employee who dies in the
line of duty, the estate and or
beneficiary of the employee shall be eligible to receive 100% of his or her
sick leave time.
(c)(2)
The District shall also provide the estate with a separate thirty (30) days of
sick leave payment in Honor of the individual’s service to the District.
12.8
After an employee has accrued at least 30 shift days of sick leave, the
employee may
elect to request the District to pay him or her for any such excess time at the
employee’s then current hourly rate. Payment shall be made on said
employee’s
anniversary date.
12.9 After an employee has accrued sick leave maximum in accordance with 12.1, (720 hours and 480 hours) the employee may elect to request the District to convert any such excess time on said employee’s anniversary date in accordance to the conversion as follows:
Hours Used Shift Hours Converted
24 96 hours sick to 48 hours vacation (4 for 2)
48 48 hours sick to 24 hours vacation (2 for 1)
Hours Used Admin Hours Converted
8 32 hours sick to 16 hours vacation (4 for 2)
16 16 hours sick to 8 hours vacation (2 for 1)
ARTICLE 12 SICK
LEAVE
"SAMPLE"
(Minimum Information Required)
DOCTOR'S CERTIFICATION OF ILLNESS/INJURY
Employee Name:
is my patient and was under my care.
Print Doctor's Name
_____________________________________
Doctor or authorized Medical Assistant Signature
______________________________________
ARTICLE 13 LEAVE OF ABSENCE /
BEREAVEMENT
Bereavement Pay
13.1
Bereavement
leave, shall be granted to a full-time employee, with pay, as a result of a
death in the employee’s family (which shall be understood for example, the following persons: husband,
wife, father, mother, brother, sister, son, daughter, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, grandfather, grandmother, aunt,
uncle, niece, nephew, grandchildren, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, foster child, or guardian). Employees shall
be provided a maximum of forty eight (48) work hours off for funeral attendance
or other bereavement.
Without
Pay
13.2 Leave
of absence, without pay, may be granted to a full time employee. All written
requests for leave of absence must be submitted to the
13.3
If the time during which an employee is on leave with pay exceeds the
amount allotted in 13.1 the exceeding time shall not count toward eligibility
for raises or pension time.
Leave with Pay
13.4
All written requests for leave of absence must be submitted to the
13.5
If the time during which an employee is on leave with pay exceeds the
amount allotted in 13.4 the exceeding time shall not count toward eligibility
for raises or pension time.
ARTICLE 14 JURY DUTY, SUBPOENAS AND TIME TO VOTE
14.1 Any
employee receiving a subpoena for jury duty shall be given full pay for the
time he/she serves while on duty. It is agreed that members of the district
shall not be excused from duty for the remainder of the duty shift. In any case
the employee shall be released, two (2) hours prior to the time required to
report for jury duty, and will report directly to the station after the
completion of jury duty.
14.2 Any employee subpoenaed to appear for a
deposition in court or at any attorney's office while off-duty for any
job-related reason bearing on the performance of his/her employment duties
shall be paid at one and one-half times his/her hourly rate
for such time, plus one (1) hour for travel.
The employee shall be entitled to the witness fee on or off duty.
14.3 Employees
serving on jury duty, while on duty, shall give the District any jury duty fees
received.
14.4 Employees
subpoenaed for a work related case shall notify the District
of such subpoena as soon as possible.
14.5
Employees subpoenaed for a work related case
shall be dressed in the appropriate uniform.
ARTICLE 15 VACATION/ANNUAL LEAVE
15.1 All
non-probation, full time employees are entitled to use vacation leave.
15.2 SCHEDULE FOR VACATION
ACCRUAL RATE
ANNUAL LEAVE ANNUAL LEAVE
LENGTH OF. 56 HR. 40 HR.
SERVICE WORKWEEK WORKWEEK
1-5 years 120 80
6-10 years 216 144
11-15 years 264 192
Over 15 years 288 220
15.3 Vacation leave shall be
issued on the employee’s anniversary day. All employees will be charged on an
hour-for-hour basis for time used as vacation.
15.4 Regular employees who are terminated, resign, or retire, shall be paid for any accrued vacation earned but not taken to the date of termination, resignation or retirement.
15.5 Employees may accrue and
carry over a total of no more than one (1) year’s worth of unused vacation time based upon the employee’s
length of service. Employees must use one half (1/2) of their yearly
vacation leave as time off from work. Any remaining unused vacation time
at the end of the year shall be paid out to the employee at the employee’s then
current hourly rate. Vacation leave may be used as sick leave only if the
individual’s sick leave has been exhausted.
15.6 All
requests for vacation leave must be approved by the employee's supervisor in
writing before it is actually taken
15.7 No
employee shall be granted annual leave unless the time granted shall have
already accrued or will accrue prior to the start of the vacation.
15.8 No pre paid vacations will be allowed at this time
15.9 Employees shall select shift vacation time by seniority in department. Vacation time selection shall be accomplished in October of the preceding year. Vacation requests that encompass a holiday will have its availability rotated through the remaining shift personnel before a shift member that has previously utilized it for vacation may be permitted to use it again.
15.10 Request for vacation must be
submitted ten (10) working days in advance for forty hour
(40) personnel and five (5) shift
days for fifty-six (56) hour personnel to guarantee
approval. If shift
request is made within less than 5 shift days mandatory overtime will
not be used. All shift
request must be made within 72 hours
ARTICLE 16 HOLIDAYS
16.1
All 56 hour employees will receive pay of 12 hours for each holiday
recognized.
16.2 All
40-hour employees shall receive the day off with pay for each holiday. The day
off shall coincide with that of management and staff of the Matlacha/Pine Island
Fire Control District.
16.3
The following are the recognized holidays for this Agreement.
New Years Day January 1
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First
Monday in September
Veterans Day November 11th
Thanksgiving Day Fourth Thursday in November
Columbus Day Second Monday in October
Presidents Day Third Monday in February
Christmas Day December 25
Martin Luther King Day As designated
ARTICLE 17 HOURS OF WORK/OVERTIME
17.1 HOURS OF WORK - WORK SHIFT
The existing Matlacha/Pine Island Fire Control District daily agenda
shall remain in force and unchanged during the course of this agreement during
normal situations. Should it be necessary in view of emergencies or urgent
situations to establish schedules departing from the normal, the DISTRICT will
give advanced notice to all affected employees, as soon as possible. Bargaining
unit personnel will be considered in a ready state after 1600 hours on normal
workdays. For designated holidays and weekends the bargaining unit will be
considered in a state of ready after noon.
17.2 HOURS OF WORK - WORK SCHEDULE
All hours shall be counted as hours worked in regards to FLSA. The
schedule is such that an employee who is scheduled to work one 24-hour shift on
and then shall have two consecutive days off.
17.3 No more than 72 consecutive hours may be
worked without a 12-hour break.
The 72 consecutive hours must
start the day before your regular shift.
If trade time is involved in
the 72 consecutive hours, the trade time must occur on
the day before your regular
shift.
72 consecutive hours may not
be worked if the individual has been involved in
working a major fire or
incident. Safety is the primary concern, the Chief and the
Captain on duty may
collaborate on this decision.
OVERTIME
17.4 Overtime
for employees in the bargaining unit shall be defined as all hours worked in
excess of their normal shift, not excluding the FLSA 3 hours from 53 to 56
hours per week.
17.5 Overtime hours worked
shall be paid at one and one half times the employee’s hourly pay rate.
17.6 Employees
held over beyond their normal work shift shall accumulate hours worked in one
quarter (1/4) hour increments rounded up, this time not being considered called
back time.
17.7 Employees
called back to work shall receive a minimum of 2 hours pay.
17.8 Employees
called to work earlier than normally scheduled, however in conjunction with a
scheduled workday, shall be paid in increments of one-quarter (1/4) hour
rounded.
OVERTIME
SCHEDULING
17.9 Scheduling of overtime is based on seniority and amount of overtime scheduled for the time period beginning October 1st and ending September 30th each fiscal year.
ARTICLE 17 HOURS OF WORK/OVERTIME
17.10
The senior employee of the same rank needed with the least amount of
hours scheduled will be called first.
Overtime will be filled in this manner; from the employee with the most
amount of seniority in position and the least amount of overtime scheduled to
the employee with the least amount of time in position and the most amount of
overtime scheduled.
17.11
Overtime positions shall be filled rank for rank, unless no one is
available. Overtime shall be filled by
the next lower rank and so on, until the position is filled. If necessary the overtime shall even be
filled by the next higher-ranking position.
17.12
Overtime will be scheduled by contacting employees on the department
paging system for short notice overtime,
and the department paging system and department email for any overtime other than short notice. For overtime that is other than short
notice and scheduled
in advance, the Captain shall designate a cutoff time by which a member of the
needed rank shall respond. The members shall have two (2) shift days (six
calendar days) from the date/time of the page and email as a minimum time to
respond, by email or phone call, whether they want to accept the overtime.
Immediately after the cutoff time the Captain will fill the overtime in the
manner described in 17.9 through 17.12.
17.13
Overtime may be scheduled up to 3 months in advance, but the hours will
be added to the posted overtime list at the time of scheduling. All overtime (minimum of 1 hour increments)
will be added to the current list. A
shift member may accept a maximum of 2 consecutive overtime days before the list
automatically moves to the next employee.
This is only for consecutive days; if a member is first on the list and
has a considerable amount of hours available to work they may be scheduled to
fill these hours, so long as it does not exceed 2 consecutive 48-hour shifts.
SHORT
NOTICE OVERTIME SCHEDULING
17.14
Short notice
overtime is any overtime that is needed immediately or the next shift day.
The Captain will
fill short notice overtime first from members of the on duty shift. If no
member on duty accepts the overtime then the Captain will utilize the
department paging system to contact all personnel of the needed rank to fill
the overtime. For short notice overtime, personnel have one (1) hour to respond
to the page. After one (1) hour the Captain will fill the overtime in the
manner described in 17.9 through 17.12. An employee must accept or reject short
notice overtime immediately, in order for the position to be filled in a timely
manner.
17.15 If an employee
cancels vacation time that causes overtime, those scheduled overtime
hours will be deducted from the overtime list for that employee
immediately
ARTICLE 17 HOURS
OF WORK/OVERTIME
SCHEDULING MANDATORY
OVERTIME
17.16 The following conditions will cause
the need for mandatory overtime.
1.
Less than 9 qualified personnel available for duty at any time,
including the
following minimum position staffing levels.
i.
Less than 1 captain or qualified acting captain.
ii.
Less than 3 engineers and 1 qualified acting engineer.
iii.
4 or more firefighters.
17.17 Before an employee
is required to serve mandatory overtime, the following steps
must be taken:
1. All qualified personnel must be contacted or alpha paged.
2. Those eligible employees on vacation or sick leave will become eligible and must also be contacted.
3. Mandatory overtime can be
offered in 12-hour increments.
4. Mandatory overtime may not be used beyond 48
consecutive hours worked.
Mandatory overtime will be served on a
rotating basis, starting with the employee with
the least amount of seniority in that position.
17.18
a. Compensatory time will be optional for 40
hour employees and shall be accrued at
1-1/2 times the hours worked. The employee shall inform his captain or
chief if
the time shall be designated
as compensatory time or overtime when it is earned.
b. Request for compensatory time must be submitted ten
(10) working days in advance of such time.
In the event that request for compensatory time is submitted less than
ten (10) days in advance of such time, its approval shall be at the discretion
of the
ARTICLE 18 UNIFORMS AND EQUIPMENT
18.1 The
District shall furnish, in a timely manner, all new full time employees with a
uniform as set forth below. The listed
uniforms shall be clean and available at all times while on duty.
Four (4) Uniform Pants or a combination of a
minimum of 2 long pant and shorts.
One (1) Dress Uniform Pants
Two (2) Dress Uniform Shirts
Two (2) Gym
shorts
One (1)
Pair of long sweat pants and sweat shirt.
These may be worn after hours only, sweatshirt may also be worn for cold
weather.
One (1)
Winter Jacket
One (1) Badge
One (1) Name Tag
One (1)
Jumpsuit
One (1)
Ball cap
Five (5)
Tee shirts employee’s choice of long or short.
One (1)
Belt
One (1)
Black tie worn with dress uniform.
18.1(a) The
dress shirt and long pants shall be worn for school visits, official public
appearances,
inspections, and other events as designated by the
Black
shoes shall be worn with no stripes or reflective logos. They shall be kept polished in neat appearance
and must be securely fastened (zipped or tied).
The black shoes are the responsibility of each individual.
Only
District issued clothing and hats may be worn while on duty.
18.2 The
employees in the bargaining unit shall maintain uniforms through replacement of
up to (3) uniform pants or a combination of a minimum of 1 long pant and shorts,
(3) tee shirts and (1) ball cap per fiscal year provided by the District.
18.3 The
employee is responsible to wear these uniforms and report to work with them
being clean and neat in appearance. The wearing of the Jumpsuit in lieu of the
Uniform will be allowed for activities or times as designated by the District.
18.4 All
items provided by the District, remains the property of the District and are to
be used in accordance with the departmental work rules. Upon separation, all
items, other than those worn-out through normal use, must be returned (or paid
for) by the employee before their final paycheck will be issued.
18.5 The
District shall provide all necessary protective equipment to include the
following:
One (1)
Full set of Bunker Gear
One (1)
Head Sock
One (1)
Pair structural gloves
One (1)
Structural helmet
One (1) SCBA
mask
One (1)
Raincoat
ARTICLE 18 UNIFORMS AND EQUIPMENT
18.6 The District shall also provide either to the individual
employee or make available to each on duty employee the following equipment:
One (1) Flashlight
One (1) Pass Alarm Device
One (1) Pocket Mask or similar safety device
18.7 In
the event any issued articles are lost, stolen, or otherwise unusable, the
employee must notify the District immediately. The District shall determine the
cause of such shortage and, if not through negligence of the employee, the District
shall replace the item(s). However, if the shortage is due to the employee’s
negligence, the employee shall pay for replacement at a maximum of $25.00 per
pay period. Replacement of uniforms for any reason “unless damaged due to
emergency response” is limited by the fiscal year quantities established in
section 18.2 of this article, unless otherwise approved by the Fire
ARTICLE 19 TRADING TIME
19.1 A written substitute request must be
approved by the shift supervisor, if longer than 4 hours in duration. If the substitution is to be 4 hours or less
it shall not be required to comply with 19.3, but must be verbally approved by
the shift supervisor.
19.2 Trading of time will be on a rank for rank
basis, unless said member is qualified to work in an “acting capacity” or as
otherwise approved by the
19.3 All trade time should be submitted at least 24 hours prior to the date needed.
19.4
It is up to the employees of the department to
keep track of time owed by employees for whom they have worked.
19.5 The district is not liable
for one employee paying another employee time owed. Employees shall enter into these agreements
amongst themselves.
ARTICLE 20 EDUCATION
20.1 The Matlacha/Pine
20.2 This allotted
$800.00 shall be used to pay for tuition
and required course material, so long as the required course material is not in
the possession of the district for use by the employee. It may also be utilized
in paying the per diem, travel and lodging cost if the seminar/school is out of
the Lee/Collier or
20.3 If the
employee is attending a course for college credit, or has successfully
completed a seminar, the employee shall be reimbursed for said course
and material after he/she passes the course and submits the course grades and
or certificate to the district. If the employee does not pass said course
he/she is still eligible for reimbursement for course material when it is
turned into the
20.4(a) An employee
may transfer up to $400.00 of educational funding to another employee for
approved use.
20.4(b) Notwithstanding the provision of subsection
20.4(a) above, the
20.5 An employee
attending an approved class/course shall be reimbursed meals for the
appropriate city as defined in Florida Statutes, section 112.061. If the
employee utilizes his/her own vehicle for out of town district business
travel/class etc. the district shall reimburse the employee mileage cost as
defined in Florida Statutes, section 112.061.
20.6
Employees
will be responsible for repayment for any education and related cost paid by
the
district, as it relates to Article 20, if
the employee leaves within one year of the completion of said school. The
district may deduct this entire amount from the balance of pay still due the
employee at time of separation.
20.7(a) Each employee will receive an annual allocation of 48 education hours to be use for time off to
attend any classes as approved in Article 20.1.
20.7(b) An employee may transfer up to 24hrs of allotted education hours to another employee for approved use.
ARTICLE 21 INCENTIVE PAY
21.1 Employees within the bargaining unit shall be eligible to receive the following hourly incentives.
Line Personnel
EDUCATIONAL INCENTIVES JOB-RELATED
INCENTIVES
CERTIFICATION HOURLY TITLE HOURLY
EMT .55
EMT II .85 S.C.B.A.
Tech 1.05
Paramedic .80 Vol.
Coordinator 1.05
Instructor I .55 Boat
Coordinator 1.05
Instructor II .65 Bunker
Gear Coord. .55
Instructor III .75 Medical
Coordinator .50
Fire Officer I .55 C.P.R.
/ S.A.E.D. Instructor .30
Fire Officer II .80 Boat Trainer .30
Fire Inspector II .75
Fire Investigator I .55 Only the highest level attained paid in
Fire Investigator II .75 multi-level certifications: Instructor,
Certified Pump Operator .55 Officer, EMT, Inspector and Investigator.
Haz-Mat Tech. .55
Boat Trainer: Maximum of 2 per shift, which includes the coordinator.
Vol. And Boat Coordinators position will be
paid at a lesser amount (.70) if the
individual does not meet the qualifications
Unless specified incentives are available to all Members. SCBA Tech, Bunker Gear coordinator and medical coordinator will have 2 member positions, vol. and Boat coordinator will be 1 member positions
EDUCATIONAL INCENTIVES JOB-RELATED
INCENTIVES
CERTIFICATION HOURLY TITLE HOURLY
EMT .55
EMT II .85 S.C.B.A. Tech 1.05
Paramedic .80 Vol. Coordinator 1.05
Instructor I .55 Boat
Coordinator 1.05
Instructor II .65
Bunker
Gear Coord. .55
Instructor III .75 Medical
Coordinator .55
Fire Officer I .55 C.P.R.
/ S.A.E.D. .30
Fire Officer II .75 Boat
Personnel .30
Firefighter .55 Fire
Extinguisher Tech .30
Fire Investigator I .55
Fire Investigator II .75
Certified Pump Operator
.55
Haz-Mat Tech. .55
ARTICLE 21 INCENTIVE PAY
CERTIFICATION HOURLY
E.V.T. Fire Apparatus Tech. I .55
E.V.T. Fire Apparatus Tech. II .80
E.V.T. Fire Apparatus Master III 1.05
E.V.T. Ambulance Tech. I .55
E.V.T. Ambulance Tech. II .80
E.V.T. Ambulance Master III 1.05
A.S.E. Certification .35 each
21.2
Once an employee successfully completes one of the above stated courses
of education for the current job classification the employee shall submit proof
of said completion to the district. The employee’s hourly pay status shall be
changed on the start of the next pay cycle.
21.3
The department shall pass on to the employee any funds received from the
state for an approved degree
21.4
The qualifications for the Job-Related incentives listed
in 21.1 shall appear in Appendix “A”
21.5
In the event no bargaining unit employees apply or are
qualified for the Coordinator’s positions, the department may fill these
positions outside the bargaining unit.
21.6
Employees being paid for any of the incentives listed in
article 21 may be required by management to utilize them during normal work
shifts and if possible, during normal work hours. After hours utilization for certifications
such as CPR instructor, basic instructor and the like shall be kept to 3 times
or less per year for each incentive applicable. Employees desiring to work on
district function that require the use of any incentive shall be compensated at
time and one half their standard hourly rate if not on shift.
21.7
The qualifications for Hazardous Materials Technician
shall be as follows:
21.7.1
Meet or exceed OSHA 1910.120 (q)(6)(iii) A-I or NFPA
472, Chapter 4
21.7.2
24 hrs of continuing education in Hazardous Materials related
to these standards (Haz-Mat. Tech), annually
21.7.3
Classes are to be taught by a competent agency (ie,
21.8(a) An EMT II incentive
certification program shall be set up and implemented in accordance
with the attached
schedule. The hourly rate will be 0.85
cents per hour.
21.8(b) Employees who successfully
complete the EMT II program shall be paid retroactively to the
date they commenced
study under the program.
ARTICLE 21 INCENTIVE PAY
21.8(c) An employee failing
his/her initial advancement testing may retest at the first available
testing date after the initial testing but no later than sixty (60)
days. If the employee passes this
retest, the employee shall be paid retroactively to the date he or she
commenced study under the program. An
employee failing his/her second advancement testing shall have to retake and
complete the course program before retesting will be permitted. Retroactivity will be made effective as to
the date of the commencement of the retaken class.
21.8(d) The EMT II course will be
provided no more than twice per year as needed.
21.8(e) All
bargaining unit members, excluding mechanics and other non-shift
personnel, will strive to
complete the entire EMT II program; meeting
all of the requirements as defined by the Lee County Medical
Director. This shall include
phlebotomy training if the Lee County Medical Director determines it is
to be part of the
program. If such training is
determined to be part of the program, it must be passed to
receive the full EMT II certification
The remaining items set forth are included herein. The payment for this
program shall be separate from and in
addition to the educational supplement provided in Article 20. This program shall include paid time off if
so needed to complete its requirements, should the program not be conducted
in-house. EMT II classes will be
provided while on duty, rotating
stations or utilizing off duty overtime personnel so all on duty shift personnel can attend. If on duty training
cannot be obtained due to station location and
instructor availability, overtime will be paid for off duty attendance.
All bargaining unit members, exclusive of mechanics and other non-shift personnel,
shall be required to commence the program and shall strive to complete it.
21.9(a) Employees who earn an Associates degree shall
receive a $.50 per hour education incentive payment. Employees who earn a Bachelor’s Degree shall
receive a $1.00 per hour educational incentive payment. Employees shall be paid for one degree. Thus, if an Employee has earned an
Associate’s Degree and then earns a Bachelor Degree, the Employee will receive
incentive payment only for the Bachelor’s Degree, not both degrees.
21.9(b) To qualify under this incentive program, the
degree received must be certified by the State Fire College as an appropriate
degree for the fire services profession.
21.10 In the event that existing coordinator positions become open,
Qualified applicants for such positions will be selected based on senority in
the district.
21.11 The addition of (1) Bunker gear coordinator and (1) Medical
coordinator will require the selection of applicants based on senority in the
district.
ARTICLE 22 RETIREMENT
PLAN
22.1.1 On October 1st, 2001 the Matlacha/Pine Island Fire Control District entered into and participated in the Florida Retirement System, Chapter 121 for all new employees and those existing employees who desired to change from the then defined contribution retirement plan which is now known as “Profit Share plan. The employee’s time in the Florida Retirement system thus commenced October 1st, 2001, and did not include any service credit prior to that date.
22. 2 Existing employees who have remained in the department’s retirement plan shall have the department’s contribution mirror that of the Florida Retirement System, Chapter 121.
22.3 All new employees shall be entered into
the
ARTICLE 23
HEALTH, DENTAL, LIFE & SHORT TERM
DISABILITY INSURANCE
23.1 Employees
shall be provided with health and life insurance coverage after a one-month
period of employment. The district shall pay the employee’s coverage. The
health coverage for the employee’s dependents, as defined by the District’s
current carrier, shall be paid as described in 23.2.
23.2 Years of
Service % paid by district % paid by employee
0 up to 1 0 100
1 up to 3 75 25
3 and up 100 0
23.3 Employees shall be provided with a $
25,000 life insurance policy.
23.4 The district
shall have the right to change insurance carriers as it sees fit, but shall not
reduce the coverage’s or coverage levels.
ARTICLE 24 DISCIPLINE
AND DISCHARGE
24.1 The disciplinary actions of
the district consisting of: suspensions without pay, involuntary demotions, and
dismissals shall be subject to arbitration.
24.2 The district retains the
right to discipline any employee for just cause. An employee is not entitled to
any particular number of warnings prior to the imposition of discipline.
Discipline shall be progressive. The district shall follow the Fire Fighters “
24.3 In determining the
appropriateness of discipline, the district shall consider the seriousness and
frequency of offenses, the employee's work history, past discipline during the
previous sixteen months and any other factor relevant to fair and appropriate
discipline. Progressive discipline
should be applied unless circumstances require deviating. The district agrees
to discipline employees for just and proper cause.
24.4 Disciplinary actions older than sixteen
(16) months shall not be considered in determining the appropriateness of
discipline.
24.5 An employee shall have the right to an informal hearing prior to the imposition of discipline. At the hearing, the employee shall be informed of the following:
(a)
The employee's right to representation;
(b) The charges under consideration;
and
(c) The general facts that form the
basis of the disciplinary action.
24.6 An employee subject to
questioning regarding a disciplinary matter shall be informed of his right to
representation except when an employee is questioned at or immediately about
the time an incident occurs for the sole purpose of gathering informal facts.
24.7 For the purpose of this
Article, one (1) day is equal to twelve (12) hours for 56-hour members and (8)
hours for 40-hour per week members.
ARTICLE 24 DISCIPLINE
AND DISCHARGE
24.8 The following are some, but not all of the listed conducts or offenses prohibited along with the suggested
progressive discipline. The penalty for any district infraction shall always
consider progressive discipline if the district believes the employee can be
rehabilitated.
1. AWOL, 2 or fewer hours: 1st; written warning and no
pay for time missed, 2nd; written reprimand and no pay for time
missed, 3rd; 1 shift day off and no pay for time missed, 4th;
5 shift days off and no pay for time missed, 5th; dismissal.
2. AWOL, more than 2 hours: 1st; written reprimand and
no pay for time missed, 2nd; 1 shift off and no pay for time missed,
3rd; 5 shift days off and no pay for time missed, 4th;
dismissal.
3. Personal appearance: 1st;
written warning, 2nd; written reprimand, 3rd; 1 shift day
off, 4th; 3 shift days off, 5th; dismissal.
4. Gambling (when in violation of Florida
Statutes 849): 1st;
written reprimand, 2nd; 1 shift day off, 3rd; 3 shift
days off, 4th; dismissal.
5. Horseplay- when such activity contributes
to the ineffectiveness or injury of the employee, the public, another employee
or damage to property occurs: 1st; 1 shift off, 2nd;
3 shift days off, 3rd; dismissal.
6.
7. Unauthorized possession of weapons: 1st; 3 shifts off up to dismissal, 2nd;
dismissal.
8. Use of tobacco in unauthorized areas: 1st; written warning, 2nd; written
reprimand, 3rd; 1 shift off, 4th; 3 shifts off, 5th;
dismissal.
9. Fabricating, destroying, withholding or
falsifying evidence, documents or records:
1st; written
reprimand up to 1 shift day off, 2nd; 3 shifts off, 3rd;
dismissal.
10. Possession, use, being under the
influence of any improper substance,
whether drugs or alcohol, this conduct shall be read consistent with this
agreements Alcohol / Drug testing provisions as set forth in Article 32: 1st; 1 shift off and
completion of EAP program, 2nd; dismissal.
11. Endangering the health and safety of
others: 1st; written reprimand, 2nd;
1 shift off, 3rd; 3 shifts off, 4th; dismissal.
12. Stealing: 1st; written reprimand up to
dismissal, 2nd; dismissal.
13. Placed under arrest for any felony or a
misdemeanor relating to misleading of false statements: The district
shall have the right to suspend the employee with pay until the charges are
resolved.
14. Insubordination: 1st; written reprimand up to 1
shift off, 2nd; 1 to 3 shifts off, 3rd; 5 shifts off; 4th;
dismissal.
15. Sexual Harassment: 1st; written reprimand up to
dismissal, 2nd; 3 shift off up to dismissal, 3rd;
dismissal.
16. Conviction of a felony or misdemeanor
relating to misleading and/or false statements or pleading no contest to any
charge of a felony. It shall not matter whether or not the employee is formally
adjudicated guilty or there is a withholding of adjudication of guilt by the
court. Dismissal
ARTICLE 25 MILITARY
LEAVE
25.1 Employees
who are members of any Armed Forces Reserve shall be entitled to all rights as
stated in the Uniformed Services Employment and Reemployment Rights Act
(USERRA) of 1994, as amended, and applicable Florida Statutes pertaining to
the same.
ARTICLE 26 STATION FACILITIES
26.1 Living facilities shall be provided for those employees working, during their assigned shifts or tours of duty. Such facilities shall include: well-ventilated, air-conditioned and adequate sleeping quarters, showers, bathrooms, dining areas, study areas, kitchen, and lounge with color television.
26.2 At each station, one
of the above listed areas may serve one or more of the listed functions
described above.
26.3 In the
event it becomes necessary for the District to modify or change any of the
existing living facilities, it shall assure that the total living facilities of
each station shall not be reduced below the equivalent of those existing, as of
the effective date hereof.
26.4 Employees
shall keep fire station or stations and all their quarters in well-maintained
appearance.
26.5 All
24-hour employees will be furnished with full size lockers.
26.6 A Union
desk / file cabinet, at the expense of the
26.7 The
District shall, without cost to the employees, provide adequate and safe parking
facilities within reasonable distance of its owned or operated buildings and
facilities.
ARTICLE 27 PREVAILING
RIGHTS
27.1 All
rights, privileges, fringe benefits and working conditions enjoyed by the
employees shall remain in full force and unaffected, unless changed by mutual
consent in writing.
ARTICLE 28 GENERAL
PROVISIONS
28.1 Meetings
between parties: At reasonable request of either party, the
28.2 Line of
Duty Death: The District agrees to pay all medical and hospitalization
insurance coverage for the dependents of an employee who is killed in the line
of duty as outlined in Florida State Statutes, Chapter 112, Section l91.
28.3 The
District shall defend and hold harmless employees sued as a result of the
operations of the District, but only to the extent that the employee is
currently covered under the District's liability coverage.
28.4 Anniversary
Date: The anniversary date of an employee shall be determined from the first
day of his employment provided his employment is continuous. Adjustments shall
be made for temporary leaves of absence, that exceeds 6 (six) months granted
leave, unless otherwise provided herein. The employee returning from a leave of
absence shall have his or her Anniversary Date adjusted to reflect the amount
of time he was on leave.
28.5 If
any Article or section of this Agreement should be found invalid, unlawful, or
not enforceable, by reason of any existing or subsequently enacted legislation
or by judicial authority, all other articles and sections of this Agreement
shall remain in full force and effect for the duration of this agreement.
28.6 In the
event of invalidation of any Article or section, both the District and the
28.7 The
District will give notice to the
ARTICLE 29 ANNUAL
PHYSICAL EVALUATIONS
29.1 The
District shall provide all its employees with an annual physical evaluation
according to the guidelines and conditions set forth herein. In this regard, regular medical evaluations
will be coordinated by an MD or DO who agrees to follow the NFPA 1582
guidelines for Comprehensive Occupational Medical Programs and who is
accredited by the American Board of Medical Specialists or the American
Osteopathic Association. All or part of
the evaluation may be done by a private physician if all such information is
promptly forwarded to the Fire District’s designated MD or DO. The District’s Health and Safety Officer will
maintain active liaison with the designated MD or DO.
With the foregoing in mind, all
District employees will be evaluated according to the following schedules for
evaluation:
I. Basic Annual Evaluation
The basic evaluation will include the items listed
within this subsection.
History and physical exam
CBC and urinalysis
Chem 12 panel
Lipid panel
Vision screen
PAP smear (women)
Immunizations and Infectious disease screen per NFPA
1582(7.11)
Work place drug/alcohol testing as required by
will be undertaken and evaluated as part of the CBC and urinalysis
evaluation noted above.
II.
The following items will be provided every two years for evaluations.
Audiogram
Spirometry
EKG
III. Intermittent evaluations
PSA (men) annually above 40 years
Chest x-ray-Baseline and then every five years unless change in medical
status would
dictate otherwise
Mammograms (women)
Baseline (once) between 35 and 40 years
Every two years between 40 years and 50 years
Every year after 50 years
Cardiac stress testing - Treadmill with both EKG and ECHO or isotope
imaging
Less than 50 years if 2 or more risk factors present:
Abnormal lipids, high BP, smoking within last 3
years,
diabetes or family history (MI or sudden death in
first degree relative
After 50 years - Baseline study and then every 5 years if no change in
risk factors or symptoms
ARTICLE
29 ANNUAL
PHYSICAL EVALUATIONS
29.2 Basic Annual Evaluations scheduled
through the Districts Physician will be scheduled by
The
District. Any Employee requesting to use
an approved outside Physician shall be
responsible
for any scheduling.
29.3 Basic Annual Evaluations will be
scheduled to be completed while personnel are on duty.
If scheduling of Evaluations
necessitates/overtime will be paid for any off duty hours.
29.4 Intermittent
Evaluations will be scheduled to be completed while personnel are on duty.
If scheduling necessitates/ overtime will be
paid for any off duty hours.