2. 10/01/2008 to 09/30/2011 MOU-ClarificationDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DA TE: May 11, 2011
TO: Fire Chief James Callahan
Fire - Rescue Department
ATTN.• Darice Hayes
FROM: Pamela G. Hanc ck D C.
At the April 20, 2011, Board of County Commissioner's meeting the Board granted
approval of a Memorandum of Agreement between Monroe County and the Professional
Firefighters of Monroe County, International Association of Firefighters, Local 3909, clarifying
paragraph 8.4 of the collective bargaining agreement (CBA) currently in force, relating to the
level pay plan method and authorized the Fire Chief to execute the agreement.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please do not hesitate to contact this office.
cc: County Attorney via e -mail
Finance
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MEMORANDUM OF AGREEMENT
Between
MONROE COUNTY, FLORIDA
And
Professional Firefighters of Monroe County,
International Association of Firefighters, Local 3909
WHEREAS, Paragraph 8.4 of the collective bargaining agreement ( "CBA ")
currently in force between Monroe County, Florida (the "County ") and Professional
Firefighters of Monroe County, International Association of Firefighters, Local 3909
( "IAFF ") (collectively, the "Parties ") specifies that base salary for bargaining group
members "should be compensated in a level method ", but otherwise contains no
specifics; and
WHEREAS, the Parties have attempted to implement the language in Paragraph
8.4 through a plan whereby bargaining unit members are paid in a way that equalizes
their base salary ( "Level Pay Plan "); and
WHEREAS, the Parties agree that they need to clarify the Level Pay Plan in
order to provide additional details; and
WHEREAS, the Parties also desire to address some problems with the Level Pay
Plan that have arisen, as a result of which certain bargaining unit members from time to
time have had too many or too few banked hours;
WHEREAS, it is the intention of the Parties that the Level Pay Plan comport with
the Fair Labor Standards Act ( "FLSA "), including but not limited to §7(f) of the FLSA;
and
WHEREAS, it is also the intention of the Parties that the Level Pay Plan comport
with Article VII, Section 10 of the Florida Constitution, which states that a local
subdivision may not use its credit to advance a personal interest.
NOW THEREFORE, the Parties agree as follows:
1. The term "Level Pay Plan" shall mean a method of deferring compensable
hours for members of the bargaining unit from bi- weekly pay periods with higher
regularly scheduled work hours, to pay periods with lower regularly scheduled work
hours, so that the employee will receive a consistent regular base salary for all bi-
weekly pay periods.
2. The Level Pay Plan is applicable only to shift personnel, i.e., members of
IAFF bargaining units 1 and 2 with work hours that fluctuate from one bi- weekly pay
period to the next ( "Covered Employees ") because they are assigned to work a 24/48
schedule as defined in Section 9.2.1 of the collective bargaining agreement. This level
pay plan is not applicable to other members of the bargaining unit who are not shift
personnel.
3. All Covered Employees will be compensated for 100 hours per pay period
based upon their hourly rate of pay, defined as annual salary divided by 2,595 hours.
a. Whenever a Covered Employee has worked more than 100
regularly scheduled hours in a single bi- weekly pay period, the Covered
Employee will be compensated for 100 regular hours for that bi- weekly period,
and will have the additional hours of positive regular compensable time added to
a bank of hours ( "Banked Hours "), which shall be carried over to the subsequent
pay period. By way of explanation, if a Covered Employee has worked 120
hours in the pay period, the Covered Employee would be compensated for 100
hours, and 20 hours would be added to "Banked Hours" on the paystub.
b. Whenever a Covered Employee has worked less than 100 hours in
a single bi- weekly pay period, the Covered Employee will be compensated for
100 regular hours in that bi- weekly period and will have the difference between
actual number of regularly scheduled hours and 100 hours deducted from his or
her Banked Hours. By way of explanation, if a Covered Employee has worked
72 hours in the pay period, the Covered Employee would be compensated for
100 hours and 28 hours would be deducted from Banked Hours on the paystub.
C. Banked Hours are cumulative and will be rolled over from one pay
period to the next.
4. It is the objective of the Parties that the Banked Hours of any Covered
Employee shall not exceed -20 or +20 hours. To achieve this objective, the Parties
agree to the following rules:
a. In any pay period in which the Banked Hours of a Covered
Employee exceed -20 hours, in the following pay period, a maximum of 4 Banked
Hours will be deducted and credited back to the County and actual hours paid in
the pay period will be reduced by a maximum of 4 hours. By way of example, if a
Covered Employee has a total of -22 Banked Hours in a pay period, in the
following pay period, two (2) hours will be credited back to the County and actual
hours paid in the following pay period will be 98. If the Covered Employee has a
total of -30 Banked Hours in a pay period, 4 hours will be deducted and credited
back to the County and the Employee will be paid for 96 hours in the following
pay period.
b. In any pay period in which the Banked Hours of a Covered
Employee exceed +20 hours, in the following pay period, a maximum of four (4)
2
Banked Hours will be paid to the Covered Employee and reflected in the Banked
Hours. By way of example, if the Covered Employee has +23 hours in a pay
period, then in the following pay period, 3 hours will be deducted from the
Banked Hours and paid to the employee.
C. In addition, whenever a holiday as defined in Section 2.29 of the
collective bargaining agreement falls in a pay period in which the Covered
Employee has Banked Hours that exceed -20 hours, and the Covered Employee
is entitled to compensation for the holiday as defined in the collective bargaining
agreement, a maximum of eight (8) hours shall be credited to the Covered
Employee's Banked Hours and the Covered Employee will forfeit the pay
associated with those hours.
d. With respect to paragraphs (4)(a), (b), and (c), in no event will the
hours deducted or paid out exceed the number necessary to get the Covered
Employee to -20 hours, in the case of negative Banked Hours, or +20, in the
case of positive Banked Hours.
5. The County shall incur no obligation, monetary or otherwise, if it is legally
prohibited from implementing or maintain such a procedure.
6. It is clearly understood by both the County and the IAFF, on behalf of its
members, that negative Banked Hours are regarded as a loan or cash advance to be
repaid either by offset against future. In cases in which the Covered Employee at time
of separation has negative Banked Hours, all negative Banked Hours must be repaid no
later than the time of the final paycheck through an offset against any combination of
the following, at the election of the County: (a) compensable earnings; and /or
(b) payout of annual leave and sick leave to which the Covered Employee would be
entitled.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the last date and year written below.
For: Professional Firefighters of Monroe
County, International Association of
Firefighters, Loca09
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By: Jfson Brandt
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For: Monroe County Board of County
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