Item Q08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 21,2005
Division :County Administrator
Bulk Item: Yes X No
Department: County Administrator
Staff Contact Person: Tom Willi
AGENDA ITEM WORDING: Approval of Contracts with Professional Firefighters of Monroe
County, International Association of Firefighters, Local 3909 for Unit 1, covering Emergency
Medical Technician, Paramedic, Firefighter/EMT, Firefighter/Paramedic, and Airport Rescue
Firefighter and for Unit 2, covering Battalion Chief, Shift Captain/Airport Rescue Firefighter,
and Fire Rescue Captain.
ITEM BACKGROUND: On March 3 I, 2000, the Public Employees Relations Commission certified
the Monroe County Professional Firefighters, Local 3909, IAFF as the exclusive bargaining
representative for the employees in the above-referenced units.
PREVIOUS RELEVANT BOCC ACTION: Board implemented step-plan in October 2004 for
members covered by these contracts.
CONTRACT/AGREEMENT CHANGES: First Contract
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
BUDGETED: Yes -X- No_
COST TO COUNTY:
SOURCE OF FUNDS:
j
REVENUE PRODUCING: Yes _ No:;L AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
(Tetmas J. Willi)
DOCUMENT A TION:
, /
Included -L
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2iDS
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THIS COLLECTIVELY BARGAINED AGREEMENT is entered into by the
2 Board of County Commissioners of Monroe County, Florida (hereinafter
3 "County" or "Employer") and the Professional Firefighters of Monroe
4 County, International Association of Firefighters, Local 3909 (hereinafter
5 "Union"," Employee Organization", "Organization", or "Bargaining Agent")
6 pursuant to the authority of Part II, Chapter 447, Florida Statutes; and
7 hereafter this Agreement may be referred to as the "Unit One Agreement."
8
9 ARTICLE 1: INTRODUCTORY MATTERS.
10
11 1.1 Puroose. The purpose of this Agreement is to set forth terms and
12 conditions of employment of the public employees Union and for the operation
13 of the Fire/Rescue Services provided by the County. Further, it is the intent of
14 this Agreement to promote effective protection of the residents of and visitors
15 to Monroe County; to provide for the safety of the employee in the performance
16 of his or her duties; to insure the economy in the operation of the Fire/Rescue
17 Services; to provide for the cleanliness, maintenance, and proper care of
18 equipment; to establish procedures for the fair and peaceful adjustment of
19 differences between the employee or Union and the County that may arise from
20 time to time; and to promulgate rules and regulations for ethical conduct in
21 business and relations between the employees, the Union, and the County.
22 Finally, it is the intent of this Agreement to provide for a great degree of
23 harmony and understanding between the County, the employee, and the Union.
24 1.2 Recognition and Certification of Union; Management Rights.
25 1.2.1 Union Selection and Reauest. The Union is the employee
26 organization which has been selected by a majority of the Fire/Rescue Services
27 employees of the County for purposes of collective bargaining with the County
28 and, in accordance with Section 447.307(1)(a), Florida Statutes, the Union has
29 requested the County to recognize the Union as the bargaining agent for the
30 said employees.
1.2.2 Union Recognition. The County is satisfied as to the majority
status of the Union and the appropriateness of the proposed unit in accordance
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with Section 447.307(1)(a), Florida Statutes
1.2.3 Certification. The Florida Public Employees Relations Commission
("PERC") has reviewed the petition of the Union for certification, has determined
the appropriateness of the unit, and has certified the Union as the exclusive
representative of all employees in the unit. A copy of the certification
documentation is attached to this Agreement as Exhibit A.
1.2.4 Unit Determination. The unit covered by this Agreement has
been determined to include County employee positions of Emergency Medical
Technician ("EMT"), Paramedic, Firefighter/EMT,
Firefighter/Paramedic, and Airport Rescue Firefighter. For convenience
to the Union and County, this unit may be referred to as Unit One or Unit 1.
1.2.5 Exclusive Manaqement Rights. Section 447.209, Florida
Statutes, provides the County with the authority to determine unilaterally the
purpose of each of its constituent departments and divisions, set standards of
services to be offered to the public, and exercise control and discretion over its
organization and operations. The County also has the right to direct its
employees, take disciplinary action for proper cause, and relieve employees
from duty because of lack of work or for other legitimate reasons. In matters
not covered specifically by language within this Agreement, the County shall
have the right to make decisions in such areas on a unilateral basis, and such
decisions shall not be subject to any grievance procedure, except as to whether
a specific matter is a management right, or as otherwise provided by Florida
law. The below enumerated rights of management are not all-inclusive, but
indicate the type of matters or rights which belongs to or is inherent to
management. Any of the rights, powers, and authority the County had prior to
entering into this Agreement are retained by the County except as expressly
provided for in this Agreement. Without limiting the generality of the foregoing,
the term "rights of Management" as used or referred to in this Agreement
include (1) the determination of policy and procedures, including the right to
manage the affairs of the fire/rescue services; (2) the right to determine the
starting and quitting time and the number of hours and shifts to be worked,
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including the need for overtime work, subject only to contrary provisions of this
Agreement; (3) the right to establish, change, or modify work schedules,
subject only to contrary provisions of this Agreement; staffing of equipment and
apparatus; amount and types of equipment; and placement and location of
equipment; (4) the right to direct the members of the unit, including the right
to hire, suspend, demote, promote, transfer, discipline, and discharge any unit
member for just cause; (5) the right to temporarily assign unit members to
other duties within the County's fire/rescue operations; (6) the organizational
structure of the fire/rescue operations in the County, including the right to
organize and reorganize in any manner in which the County chooses, including
the size of operations, the determination of job classifications and ranks based
upon other duties assigned; (7) the determination of the safety, health, and
property protection measures for the fire/rescue services; (8) the allocation and
assignment of work to unit members; (9) the determination of policy affecting
the selection and training of new employees and the on-going training,
certification, and cross-certification of unit members; (10) the scheduling of
operations; (11) the establishment, amendment, and enforcement of
fire/rescue operations rules, regulations, policies, procedures, and orders; (12)
the transfer of work from one position to another within the unit; (13) the
introduction of new, improved, or different methods and techniques of
operations or a change in existing methods or techniques; (14) the placing of
secondary services temporarily; maintenance; or other work with outside
contractors or other agencies of the county, any municipality within the county,
or state or federal agencies; (15) the determination of the number of ranks and
number of personnel within the unit; (16) the determination of the quantity and
amount of supervision to be provided to unit members; (17) the transfer of any
unit member from one area, shift, work schedule, or facility to another; and
(18) the right to direct any person not covered by this Agreement to perform
any task or assignment.
1.2.6 Notice of Exercise of Management Ric;lhts. The County agrees
that prior to unilaterally exercising any of its management rights detailed in
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Section 1.2.5 which will directly affect the unit=s operations, the County will, in
non-emergency situations, provide written notification to the Union President
either by U.S. Postal Service Mail, certified or return receipt requested; in
person by hand-delivery; or by electronic mail with confirmation of receipt as
may be provided by the electronic mail software application. Non-emergency
written notification shall be given at least twenty (20) days prior to the effective
date of the management right to be exercised as identified in the notification.
In emergency situations, notice shall be given as soon as practicable and in
such form as may be reasonable under the circumstances.
1.2.7 Failure of Notification. In regards to exercising its rights
detailed in Section 1.2.5 and Section 1.2.6, the County and Union agree that
failure to give the written notice will not, in and of itself, provide the basis for
an unfair labor practice claim to be filed with PERC or become the basis for the
filing and processing of a grievance.
1.2.8 Non-Waiver; Non-Exclusivitv. The provision of any notice
pursuant to Sections 1.2.5 and Section 1.2.6 shall not be deemed to be a
waiver of any rights or prerogatives of the County to which the County is
entitled pursuant to federal, state, and local statutes, laws, ordinances,
regulations, rules, or case law. Should the County fail to exercise any of its
lawful rights from time to time, such failure shall not be, nor shall such failure
be deemed to be, a waiver to exercise such right or rights in the future, and it
is specifically agreed by the Union and the County that any right or function of
the County not specifically relinquished or altered by this Agreement is reserved
to the County. Further, the Union and County agree that the rights,
responsibilities, and prerogatives inherent in, or legally provided to, the County
and the County Administrator cannot be subject to any grievance or arbitration
proceedings except as may be specifically provided for in this Agreement.
1.3 Non-Discrimination.
1.3.1 Non-Discrimination Agreement. The County and Union agree
that both oppose discrimination or retaliation on account of, and neither shall
discriminate nor retaliate against any employee or Union member on account
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of, race, color, creed, gender, national origin, marital status, gender
orientation, sexual preference, age, religion, union activity, handicap or
disability except as may be permitted or allowed as a bona fide occupational
qualification under federal or state law.
1.3.2 Discrimination/Retaliation Not Grievable. While the County
and Union agree that unlawful discrimination and unlawful retaliation have no
place in the County's workforce, federal and state laws provide specialized
protections, procedures and remedies for such misconduct. Therefore, claims
that the County or the Union engaged in unlawful discrimination or unlawful
retaliation shall exclusively be processed through the statutory, administrative
and judicial procedures that exist to entertain and resolve such claims.
Therefore, any such c1aim(s) is not subject to the grievance/arbitration
procedure of this Agreement.
1.3.3 Investigation of Complaint of Discrimination. The County and
Union agree that any allegation of discrimination against the County or the
Union that is received by the County shall be investigated and resolved in
accordance with the County=s internal administrative procedures and the
County shall additionally have the right to forward any allegation of
discrimination to any appropriate state or federal agency as the County may
deem appropriate.
1.4 No Strike, No Lockout.
1.4.1 Injunctive Relief. The County and Union agree that the County
is responsible for and engaged in activities which are the basis for the health
and welfare of the general public and any violation of this section 1.4 could give
rise to irreparable damage to the County and the public at large. Accordingly,
the Union agrees that in the event any violation of this section 1.4 should occur
or be apparently imminent, the County shall be entitled to seek immediate
injunctive relief in a court of competent jurisdiction without notice to the Union.
1.4.2 No Strikes. The Union agrees that there shall be no strikes as
that term is defined in Florida Statutes, and that there shall be no work
stoppage, work slowdowns, boycotts, picket lines or picketing in support of a
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work stoppage or work slowdown, nor will there be a concerted failure or
refusal to perform work assigned by the County or appropriate superior
employees or individuals designated by the County. The County shall have the
right to pursue any and all legal and equitable remedies in the event of a strike.
1.4.3 No Support By Union. The Union agrees that it shall not
support, condone, encourage, authorize, sanction, or ratify any violation of sub-
section 1.4.2 above. The County agrees that the Union shall not be held liable
for any violation of section 1.4 if it is reasonably shown that neither the Union
nor any Union officer supported, condoned, encouraged, authorized,
sanctioned, or ratified such action. In the event any Union officer becomes
aware of any activity, whether verbal or physical, which is intended or may be
reasonably be construed to be instigating a strike, work stoppage, work
slowdown, boycott, picketing, or other activity in violation of this Agreement,
that officer shall immediately attempt to discourage such activity and shall
immediately notify the appropriate managerial authority of such action.
1.4.4 No Lockout. The County agrees that it shall not authorize,
promote, condone, institute, or engage in any lockout of Union members.
ARTICLE 2: DEFINITIONS
For the purpose of this Agreement, the following terms shall have the
meanings as set forth, unless the context specifically provides otherwise:
2.1 Administrative Proceeding, for purposes of disciplinary proceedings,
means any nonjudicial hearing which may result in the recommendation,
approval, or order of disciplinary action against, or suspension or discharge of,
a firefighter.
2.2 Advanced life support means treatment of life threatening medical
emergencies through the use of techniques such as endotracheal intubation, the
administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and
cardiac defibrillation by a qualified person pursuant to the rules of the Florida
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Department of Health.
~ Advanced life support service means any emergency medical transport
or nontransport service which uses advanced life support techniques.
2.4 Air Ambulance means any fixed-wing or rotary-wing aircraft used for, or
intended to be used for, air transportation of sick or injured persons requiring
or likely to require medical attention during transport.
1:.5. Ambulance means any privately or publicly owned land or water vehicle
that is designed, constructed, reconstructed, maintained, equipped, or operated
for, and is used for, or intended to be used for, land or water transportation of
sick or injured persons requiring or likely to require medical attention during
transport. The term also includes Aemergency medical services vehicle,@
U ARFF means Airport Rescue Firefighter.
2.7 Basic life support means treatment of medical emergencies by a
qualified person through the use of techniques such as patient assessment,
cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance,
bandaging, administration of oxygen, application of medical antishock trousers,
administration of a subcutaneous injection using a premeasured autoinjector of
epinephrine to a person suffering an anaphylactic reaction, and other
techniques described in the Emergency Medical Technician Basic Training
Course Curriculum of the United States Department of Transportation. The term
"basic life supportU also includes other techniques which have been approved
and are performed under conditions specified by rules of the Florida Department
of Health.
2.8 Basic life support service means any emergency medical service which
uses only basic life support techniques.
1..J! Bargaining unit or Unit means the employees represented by the
Professional Firefighters of Monroe County, International Association of
Firefighters, Local 3909.
2.10 Bumping Rights means the right of an employee covered by this
Agreement to displace an employee of lower senioritYI covered by this
Agreement, from a position covered by this Agreement, but only in accordance
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with the terms and conditions of this Agreement.
2.11 Chief executive officer, as generally defined in Section 447.203, Florida
Statutes, shall mean the County Administrator.
2.12 Classification seniority shall mean the length of time of full-time
employment within a particular job classification, as measured from the date of
regular hire status to the classification or date of permanent promotion to the
classification.
2.13 Continuous service, as required for advancement within salary ranges
and for other purposes specified under this Agreement, means employment by
the County on a probationary, regular, or acting appointment basis without
break or interruption/ and shall be interpreted in accordance with the County=s
policies and procedures.
2.14 County means the political entity known as Monroe County/ and includes
the Board of County Commissioners, the County Fire Chief/ the County
Administrator, and employees and agents of Monroe County. County also
means the geographical area of the State of Florida encompassed within the
boundaries set forth in Section 7.44, Florida Statutes.
2.15 Court means any county court or state circuit court in Florida and any
federal court in Florida having subpoena powers and exercising such power
upon a unit member as a result of action or involvement in/ or observance of, a
situation while in the member=s capacity as a county employee.
2.16 Department seniority shall mean the length of time of full-time regular
employment with the County, calculated from the last hire date.
2.17 Emergency means a circumstance requiring immediate action; a
sudden, unexpected happening; an unforeseen occurrence or condition.
2.18 Emergency Medical Services means the activities or services to
prevent or treat a sudden critical illness or injury and to provide emergency
medical care and prehospital emergency medical transportation to sick/ injured/
or otherwise incapacitated persons.
2.19 Emergency medical services vehicle means an ambulance.
2.20 Emergency medical technician means a person who is certified by the
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Florida Department of Health to perform basic life support.
2.21 Employee means a member of the bargaining unit, unless the context
specifically requires a different meaning.
2.22 Employee organization means Professional Firefighters of Monroe
County, Local 3909, International Association of Firefighters.
2.23 Employer means Monroe County, Florida.
2.24 Fire Apparatus, also referred to as Engine Apparatus or Engine means a
vehicle of 10/000 Ib (4540 kg) or greater gross vehicle weight rating (CVWR)
used for fire suppression or support/ in accordance with the definitions and
standards in National Fire Protection Association Standard 1901.
2.25 Firefighter means any person employed by Monroe County and whose
primary responsibility is the prevention and extinguishment of fires, and the
protection and saving of life and property. The term includes Afirefighter
employee@ as defined in Section 633.802(3), Florida Statutes, and Afirefighter@
as defined in Section 112.81(1), Florida Statutes, and Section 633.30(1)/
Florida Statutes.
2.2~ Florida Firefighters Occupational Safety and Health Act, or FFOSHA
means the provisions of Sections 633.801 through 633.821, Florida Statutes.
2.27 Formal Investigation means the process of investigation ordered by
supervisory personnel, after the supervisory personnel have previously
determined that the firefighter shall be reprimanded, suspended, or removed,
during which the questioning of the firefighter is conducted for the purpose of
gathering evidence of misconduct.
2.28 Grievance means a complaint, dispute, or controversy in which it is
claimed that the Union, the County, or a County employee has failed in an
obligation under this Agreement, which involves the meaning, interpretation, or
application of this Agreement, and where the grievant, the Union or the County
believes that rules have been misapplied or violated.
2.29 HOliday means a day, beginning at 12:01 A,M. and ending twenty-four
(24) hours later, which the County has recognized in its", ordinances,
resolutions, policies and procedures as a day on which most county offices are
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usually closed. The County recognizes the following days to be holidays: New
Year=s Day, Presidents Day, Martin Luther King=s Birthday, Good Friday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day, Thanksgiving Friday, Christmas Day.
2.30 Informal Inquiry means a meeting by supervisory or management
personnel with a firefighter about whom an allegation of misconduct has come
to the attention of such supervisory or management personnel, the purpose of
which meeting is to mediate a complaint or discuss the facts to determine
whether a formal investigation should be commenced.
2.31 Interrogation means the questioning of a firefighter by an employing
agency in connection with a formal investigation or an administrative
proceeding but not shall not include arbitration or civil service proceedings.
Questioning pursuant to an informal inquiry shall not be deemed to be an
interrogation.
2.32 Ladder Truck Apparatus or Ladder Truck means any fire apparatus
equipped with a power operated ladder, tower, platform, or articulating device
whose primary purpose is to provide firefighters with access to levels of height
beyond the reach of manually-raised ladders.
~ Legislative body, as generally defined in Section 447.203, Florida
Statutes, means the Board of County Commissioners of Monroe County.
2.34 Membership dues deduction means the amount established by the
Union to be paid on a monthly basis by Union members as and for the privilege
of belonging to the Union, and which amount has been agreed by the Union
member to be deducted by the County from the Union member=s salary and
wages and paid by the County directly to the Union. Such deductions shall not
include initiation fees, special assessments, or other charges which may be
imposed from time to time by the Union.
2.35 Mutual aid agreement means a written agreement between two or
more entities whereby the signing parties agree to lend aid to one another
under conditions specified in the agreement and as sanctioned by the County.
2.36 Paramedic means a person who is certified by the Florida Department of
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Health to perform basic and advanced life support.
2.37 Pay Period means a two-week period commencing at 12:01 A.M.
Sunday through 12:00 Midnight Saturday.
2.38 PERC means the Florida Public Employees Relations Commission.
~ Picketing means attendance by one or more Union members outside of
a County facility or worksite during, and in support of, (1) a strike, work
stoppage or work slowdown, or (2) in connection with a concerted failure or
refusal to perform work lawfully assigned to Union members, when such
attendance is designed, intended, or has the effect of harassing, coercing, or
intimidating any County employee to refuse to perform lawfully assigned duties
or to take a course of action in violation of this Agreement or any federal, state,
or local law.
2.40 Pumper, also referred to as Engine, means a piece of fire apparatus
with a permanently mounted fire pump that has a rated discharge capacity of
750 gpm (2850 L/min) or greater, water tank, and hose body as defined in
National Fire Protection Association Standard 1901.
2.41 Rescue Apparatus or Rescue Vehicle means any vehicle whose
primary function is to carry equipment and manpower designed to facilitate the
rescue of trapped or endangered persons from unusual circumstances, including
automobile accidents, cave-ins, fires, building collapses, and other serious
bodily injury or life-threatening situations.
2.42 Shift means a period commencing at 8:00 A.M. and ending twenty-four
hours later at 8:00 A.M.
2.43 Strike shall have the same definition as that contained in Section
447.203, Florida Statutes.
2.44 Supplemental Compensation means the compensation to be paid to
firefighters pursuant to the provisions of Section 633.382, Florida Statutes.
2.45 Temporarily, for purposes of Section 1.2,5, means a period of time not
to exceed nine months, unless otherwise agreed to in writing by the County and
the Union,
2.46 Vacancy means an open position resulting from the creation of a new
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position, voluntary or involuntary termination, retirement, death, promotion, or
demotion. A vacancy is not created as a result of a reduction in force,
temporary assignment or transfer, or temporary appointment.
2.47 Volunteer means a person who, of his or her own free will, provides
goods or services to Monroe County government without receiving monetary or
material compensation from Monroe County. The recruitment and use of
volunteers will be generally pursuant to the provisions of Sections 125.9501
through 125.9506, Florida Statutes.
2.48 Week means a consecutive period of seven days, the first day of which
commences on Sunday at 12:01 A.M. and the last day of which ends on the
following Saturday at 12:00 Midnight.
2.49 Workdays means Monday through Friday, excluding holidays, except
where otherwise specifically defined in this Agreement.
2.50 Work Cycle means the 27-day period used for purposes of calculating
and crediting or paying overtime in accordance with the general principles of
the Fair Labor Standards Act.
2.51 Workweek means, for salary purposes, seven consecutive days,
commencing on Sunday at 12:01 A.M. and ending the following Saturday at
12:00 Midnight.
ARTICLE 3: UNION RIGHTS AND RESPONSIBILITIES
3.1 Dues and Uniform Assessments. Section 447.303, Florida Statutes,
gives the right to the Union to have its dues and uniform assessments deducted
and collected by the County from the salaries of those employees who authorize
the deduction of said dues and assessments. re are no un rm
u this
3.1.1 Dues and Assessment Deductions. The County agrees to
deduct from the each unit member=s bi-weekly salary the dues and uniform
assessments for which (1) the amounts have been certified in writing to be
current and correct by the Treasurer of the Union and (2) which amounts have
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been specifically authorized in writing by the unit member to be deducted.
Deductions shall be taken from the the bi-weekly salary of the member which is
two pay periods after receipt of the deduction authorization, and shall be
deducted from each pay period thereafter.
1 3.1.2 Discontinuance of Deduction. The unit member may elect to
2 revoke his or her authorization to deduct union dues and assessments from his
3 or her salary. The County shall cease to make such deductions during the pay
4 period which is thirty (30) days immediately after receipt of the revocation in
5 writing from the unit member. The County shall continue the deductions only
6 so long as the employee has enough net salary after all other deductions to
7 cover such deductions, and the County shall not be held responsible for a
8 refund to the employee if the employee has duplicated a deduction by direct
9 payment to the Union. The County shall have no liability to the employee or
10 the Union for the dues and uniform assessments deducted from the employee=s
11 salary.
12 3.1.3 County Not Involved in Collection of Fines. Penalties, or
13 Special Assessments. The County, as a public employer, is expressly
14 prohibited by Section 447.303, Florida Statutes, from being involved in the
15 collection of any fine, penalty or special assessment charged against a unit
16 member.
17 3.1.4 Remittance To Union. The County shall remit to the Union by
18 County check or warrant the total amount of union dues and uniform
19 assessments deducted by the County from the unit members= salaries. Such
20 remittance shall be forwarded to the Union at the same time as employee
21 salary checks or warrants are sent to County employees. In lieu of receiving a
22 check, the Union can elect to have the County make a direct deposit in a Union-
23 specified institutional account within the geographical limits of Monroe County
24 and with an institution with which the County has a current direct deposit
25 agreement.
26 3.1.5 County's Costs. The Union and County agree that the County
27 shall receive an annual rs ( 0) on r r
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as County!s reasonable costs for deductions
2 made from unit members! salaries.
3 3.1.6 Current Unit Member Roster. The Union shall have the
4 responsibility for keeping the County informed on a timely basis of those
5 employees of the County who are unit members and from whose salaries
6 deductions are to be made.
7 3.1.7 Union to Indemnify and Hold County Harmless. The Union
8 agrees to indemnify and hold the County harmless against any and all claims,
9 suits or other forms of liability arising out of the deduction from an employee=s
10 salary any Union dues or uniform assessments. The Union assumes full
II responsibility for the disposition of the deduction once it has been remitted by
12 the County and received by the Union.
3.1.8 Reliaious Exemptions. If an employee objects to deductions on
bona fide religious tenets or teachings of a church or religious body of which
such employee is a member, the employee may inform the County and the
Union of the objection. The employee and the Union will establish a satisfactory
arrangement for distribution of an amount of money equivalent to the dues and
uniform assessments to a non-religious charity by the employee.
3.2 Rights of Members and Non-Members.
3.2.1 No County Discrimination. The Union and County agree that
any employee is free to join and assist the Union without fear of retaliation of
any kind. No County officer, employee, representative, or agent shall interfere
with, restrain, coerce or intimidate an employee in the exercise of the
employee=s right to join or refrain from joining the Union. No County officer or
supervisor shall discriminate against any employee with regard to employment,
or the terms and conditions of employment (including but not limited to
promotions) because the employee has formed, joined, or chosen to be
represented by the Union or because the employee has given testimony or
taken part in any grievance procedure or other hearing, negotiation or any
other form of legal activity on behalf of the Union.
3.2.2 No Union Interference. The Union and County agree that all
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employees shall have the same right to refrain from membership in the Union.
The Union agrees that it will not interfere with, coerce, or intimidate any
employee into joining the Union and that every employee has the right to
choose of his or her own free will whether he or she will or will not join the
Union. The Union further agrees that there will be no interference with the free
right of any employee or member of the public to enter and leave work sites
and property of the County unmolested, unthreatened, and unintimidated.
3.2.3 Claims of Discrimination or Interference. Any claim of
discrimination or interference in violation of Section 3.2.1 or 3.2.2 shall be
asserted exclusively through the Florida Public Employees Relations
Commission, and through the grievance-arbitration procedures of this
Agreement.
3.3 Union Business.
3.3.1 Union Business Meetings. Employees elected or appointed to
represent the Union shall be allowed to use County facilities to conduct regular
and special business meetings of the Union. The use of such facilities shall be
coordinated with, and approved by, the County Fire Chief. Such meetings shall
be scheduled at times and locations which will not unduly interfere with the
County=s fire/rescue operations or result in a violation of the minimum staffing
requirements of any fire/rescue facility. Attendance at the meetings by the
Union representatives who are on duty shall be at no loss of pay for the Union
representative during the actual time of attendance and for travel time to and
from the meeting. The time spent by all on-duty Union members traveling to,
from, and attending Union business meetings shall be deducted from the Union
pool hours provided for in Section 3.5.
3.3.2 Union Representative for Grievance. Any unit member
desiring to file a grievance pursuant to this Agreement, shall have the right to
meet with one (1) Union representative to discuss the member=s potential
grievance. The County agrees to permit the member and the Union
representative to meet briefly during work hours concerning a potential
grievance, provided the member and Union representative have the permission
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of each=s immediate supervisor, and further provided that the meeting does not
disrupt or interfere with current fire/rescue operations or result in less than
minimum staffing. The Union agrees that this privilege shall not be utilized to
prepare formal grievances during work hours but is to be used to simply and
briefly consult with the member and/or a supervisor in order to avoid the
necessity of processing a formal grievance or to consult with the member to set
an appointment for after working hours to prepare a legitimate grievance.
3.3.3 National and State Association Mee~ing~.
3.3.3.1 National Meetinqs. The County agrees that members of
the bargaining unit shall be allowed to attend one nationally recognized
professional association related to the fire/rescue services professions during
the County=s fiscal year. The time spent by a unit member away from the
member=s regularly scheduled duties while traveling to, from, and attending
such meetings shall be deducted from the Union pool hours provided for in
Section 3.5.
3.3.3.2 State Meetinqs. The County agrees that members of the
bargaining unit shall be allowed to attend one Florida state recognized
professional association related to the fire/rescue services professions during
the County=s fiscal year. The representatives shall be entitled to
reimbursement for travel, meals, and lodging in accordance with County policies
and procedures. The time spent by a unit member away from the member=s
regularly scheduled duties while traveling to, from, and attending such
meetings shall be deducted from the Union pool hours provided for in Section
3.5.
3.4 Collective Bargaining Leave For Union Neaotiatina Team. The
County and Union agree that the Union Negotiating Team shall consist of three
(3) members (Aregular negotiating team@), selected by the Union, The Union
may designate up to three (3) additional members (Aadditional negotiating
team@) to provide representation during negotiations, but such additional
members representation at, and involvement in negotiations, shall not be at the
expense of the County. The time spent by a regular negotiating team unit
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member away from the member=s regularly scheduled duties while traveling to,
from, and attending such negotiations shall be deducted from the Union pool
hours provided for in Section 3.5,
3.5 Union Pool Hours.
3.5.1Allocation of Hours. In each fiscal year covered by this
Agreement, the County shall allocate a number of hours to be used by unit
members to attend national and state association meetings, collective
bargaining sessions, and other Union-related activities. A total of two hundred
forty (240) hours is allocated by the County for use during the first fiscal year
of this Agreement; a total of three hundred twenty (320) hours is allocated by
the County for use during the second fiscal year of this Agreement; and a total
of four hundred eighty (480) hours is allocated by the County for use during the
third fiscal year of this Agreement.
3.5.2 Use and Forfeiture of Hours. Only actual hours approved by the
County Fire Chief for use prior to September 30th of a fiscal year shall be
counted against the allocated hours for that fiscal year. Hours not approved
and used shall be forfeited and not carried forward for use in any subsequent
fiscal year.
3.5.3 Reauest For Use of Union Pool Hours. Request for use of Union
pool hours shall be submitted in writing on a form to be provided by the
County, The unit member requesting to use Union pool hours shall obtain
written approval from the Union president, vice-president, or secretary prior to
submitting the request to the County Fire Chief. Such approval shall be
indicated on the request form. One form shall be submitted for each Union
member for each pay period in which Union pool hours are to be used.
3.5.4Submitting Reauests. Request forms shall be submitted to the
County Fire Chief so as to be received by the County Fire Chief at least seventy-
two (72) hours prior to the date and time the Union member is requesting to be
relieved from operational duties in order to use Union pool hours. Request
forms which are not complete when submitted to the County Fire Chief shall be
returned to the Union member without further review or action by the County
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Fire Chief.
3.5.5 Responsibility of County Fire Chief. The County Fire Chief shall
be responsible for tracking and monitoring availability and use of Union pool
hours, and for final approval of Union member requests for use of Union Pool
hours. Requests for use of Union pool hours which are disapproved by the
County Fire Chief may be appealed by the Union member, and such appeal shall
be considered and processed as a grievance under the applicable provisions of
this Agreement.
3.5 Names of Union Representatives. The Union shall
provide to the County Fire Chief a written list of the names, duty locations,
addresses, and telephone numbers of the Union officers and negotiating team
members, both regular and supplemental, within fifteen (15) days of the
effective date of this Agreement, and shall update the list in writing within
(15) days of any change.
3.6 Bulletin Boards. The Union shall have the right to install and maintain at
the Union=s cost a bulletin board at each County facility to which Union
members are assigned to perform services. The size, composition, and location
of the bulletin boards shall be mutually agreed to by the Union and the County.
Posted materials shall be subject to review and approval by the County Fire
Chief; shall contain on its face the legible name of the person responsible for
placing the material on the bulletin board; shall not contain anything of a
derogatory or adverse nature concerning the County or its employees or
agents, or contain anything which is in violation of this Agreement; and all
materials shall be dated and bear the signature of the Union president or his or
her designated representative. Materials placed on a bulletin board in violation
of this section shall subject the employee to disciplinary proceedings.
3.7 Printing and Distribution of Agreement. The County will, at no cost to
the Union, print one copy of this Agreement for distribution to each facility at
which employees covered by this Agreement are assigned for duty; one original
copy to the Union; and one copy to each library facility in Monroe County.
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ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES.
4.1 DisciDlinary Standard. The County and Union agree that no employee
who has attained career status with the County shall be discharged, demoted,
or otherwise disciplined in a manner which would result in a loss of pay, except
for just cause.
4.2 Probationary Period. All new and newly-promoted employees shall
serve a probationary period. The probationary period shall be considered the
last step in the selection or promotion process, and the purpose of the
probationary period is to allow management to observe and appraise the
conduct, performance, attitude, adaptability and job knowledge of the employee
and to assist the County in determining the qualifications of the employee for
the position to which the employee has been assigned or promoted.
4.3 Duration of Probation. The probationary period for new employees and
newly-promoted employees shall be twelve (12) months. The probationary
period may be extended (a) for unsatisfactory performance or (b) if the
employee has been absent from his or her regularly assigned duties for a total
of four hundred eighty (480) hours or more due to any cause except in-service
training authorized by the County. Extended probationary periods shall be not
less than three (3) months nor more than twelve (12) months. The
determination of whether the probationary period for any employee should be
extended shall be at the sole discretion of the County, and such determination
shall not be grievable.
4.4 Rejection of Probationary Emplovee. Any employee who is in
probationary status as a new employee may be dismissed from employment
without cause or explanation, without right of appeal, and without recourse to
the grievance procedures established by this Agreement. Any employee who is
in probationary status as a newly-promoted employee may be demoted to the
clasSification held immediately prior to the promotion, and such demotion shall
be without cause or explanation, without right of appeal, without recourse to
the grievance-arbitration procedures established by this Agreement, and
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without recourse to Career Service Act procedures.
4.5 Proposed Discipline and Pre-Determination Hearing. Any proposed
discipline of a non-probationary employee subject to this Agreement which
would result in a suspension without pay, termination of employment,
demotion, or a reduction in base salary, shall require a pre-determination
hearing. The pre-determination hearing shall be held and conducted in
accordance with the provisions of the Monroe County Policies And Procedures,
Section 9.11, provided such procedures are consistent with the following
provisions:
4.5.1 Procedure. Whenever a firefighter is subjected to an
interrogation, such interrogation shall be conducted as follows.
4.5.1.1 Location. The interrogation shall take place at the facility
where the investigating officer is assigned, or at the facility which has
jurisdiction over the place where the incident under investigation allegedly
occurred, as designated by the investigating officer.
4.5.1.2 Written Notice. No firefighter shall be subjected to
interrogation without first receiving written notice of sufficient detail of the
investigation in order to reasonably apprise the firefighter of the nature of the
investigation. The firefighter shall be informed beforehand of the names of all
com plai na nts.
4.5.1.3 Time. All interrogations shall be conducted at a
reasonable time of day, preferably when the firefighter is on duty, unless the
importance of the interrogation or investigation is of such a nature that
immediate action is required.
4.5.1.4 Persons Present. The firefighter under investigation
shall be informed of the name, rank, and unit or command of the officer in
charge of the investigation, the interrogators, and all persons present during
any interrogation.
4.5.1.5 Sessions. Interrogation sessions shall be of reasonable
duration and the firefighter shall be permitted reasonable periods for rest and
personal necessities.
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4.5.1.6 Conejuct. The firefighter being interrogated shall not be
subjected to offensive language or offered any incentive as an inducement to
answer any questions.
4.5.1.7 Record. A complete record of any interrogation shall be
made, and if a transcript of such interrogation is made, the firefighter under
investigation shall be entitled to a copy without charge. Such record may be
electronically recorded.
4.5.1.8 Reoresentation. An employee or officer of the County
may represent the County, and the Union may represent any member of the
bargaining unit desiring such representation in any proceeding in which an
interrogation is to take place. The presence of a representative of the Union
during interrogations shall be permitted if the bargaining unit member to be
interrogated so requests.
4.5.2 Apolication. The procedures in 4.5.1 shall be applicable only to a
formal investigation of a bargaining unit member and shall not apply to an
informal inquiry involving the member.
4.6 Emerqencv SusDension or Transfer. In a situation where the County
Administrator or his or her designee reasonably determines that an emergency
exists which could be harmful to the health, safety, or welfare of any person,
and that an employee should be temporarily suspended from duty to
a ninety () term or transferred to another duty assignment
pending scheduling a pre-determination hearing, the County Administrator or
his or her designee shall immediately notify the Union president and the
employee of such determination, and shall immediately document that
determination in writing to the employee and provide the Union president with a
copy.
ARTICLE 5: GRIEVANCE PROCEDURE
5.1 PurDose. Grievance procedures are provided to (a) promote improved
employer-employee relations by establishing procedures for resolution of issues
for which appeal or hearing is not provided for elsewhere in this Agreement; (b)
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afford employees, individually or through the Uniont a systematic means of
obtaining further considerations of problems after every other reasonable effort
to resolve them through discussion has failed; (c) provide for settlement of
issues as near as possible to the point of origin; and (d) to provide that issues
shall be heard and settled as informally as possible. Any complaintt grievance
or dispute arising under and during the term of this Agreement involving
questions of the interpretation or application of any provision of this Agreement
shall be processed through the grievance-arbitration procedure of this
Agreement, except that claims of unlawful discrimination or retaliation shall not
be processed through this grievance-arbitration procedure. In addition, the
Union, on behalf of bargaining unit memberst expressly waives the right of any
bargaining unit member to utilize the procedures of the Career Service Council
Act concerning any matter covered by this Agreement, including but not limited
to claims of improper disciplinary actions and adverse actions such as transfers,
demotionst suspensions or terminations. Bargaining unit members must submit
any such disputes to the grievance-arbitration procedure hereint with the
exception of claims of unlawful discrimination or unlawful retaliationt which
must be submitted through procedures established by laws prohibiting
discrimination or retaliation in employment.
5.2 Exclusive Proceeding. A grievant initiating and utilizing the procedures
set forth in this Article is precluded by law from availing himself or herself of
any procedures or remedies provided through any unfair labor procedure or the
County=s career service law.
5.3 Initiation of Grievance. All grievances initiated under this Agreement
shall be in writing and shall, as a minimumt contain (i) a statement, as
complete as possible under the circumstances, of the grievance and the facts
upon which it is based, including the dates, times, locations, names of
witnessest and other information appropriate to the grievance; (ii) the section
or sections of this Agreement claimed by the grievant to have been violated;
and (iii) the remedy or corrective action requested by the grievant. If a
grievance form has been adopted by the County, that form shall be utilized in
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initiating and submitting a grievance.
5.4 Grievance Steps. The County and Union agree that all grievances should
be dealt with promptly and efficiently, and every reasonable effort must be
made to settle a grievance as close to the source as possible.
5.4.1 SteD One. Within fifteen (15) calendar days of the incident being
grieved, the Union or the affected employee may, in the presence of a Union
representative, submit a grievance in writing through the Union to the
employee=s immediate supervisor.
5.4.1.1 Immediate Supervisor. The original copy of the
completed form shall be delivered to the employee=s immediate supervisor, and
a copy shall be delivered to the Union representative. The immediate
supervisor shall attempt to resolve the grievance at that time by attempting to
fully discuss the matter with the employee in a fair and equitable manner and in
accordance with the established policy of the County. The immediate
supervisor=s decision shall be rendered in writing within seven (7) work days of
receipt of the grievance.
5.4.1.2 Agreed Resolution. If the employee agrees with the
decision of the immediate supervisor, he or she or the Union shall sign the
Grievance Form acknowledging his or her agreement, and the original, signed
form shall be submitted to the Human Resources Director for placement with
the employees employment records. No further action on the part of the
County shall be required.
5.4.1.3 No Resolution. If the employee does not agree with the
decision of the immediate supervisor, he or she or the Union shall sign the
original Grievance Form acknowledging his or her disagreement and
immediately notify the Union in writing. The original, signed form shall be
submitted by the employee to the Fire Chief within seven (7) work days of the
decision of the immediate supervisor.
5.4.2 SteD Two. The Fire Chief or authorized agent shall make such
inquiry concerning the grievance as he or she shall deem appropriate, and shall
render a written decision within seven (7) work days of receipt of the
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immediate supervisor=s decision.
5.4.2.1 Agreed Resolution. If the employee agrees with
the decision of the Fire Chief or Fire Chief=s authorized agent, he or she shall
sign the Grievance Form acknowledging his or her agreement, and the original,
signed form shall be submitted to the Human Resources Director for placement
with the employees employment records. No further action on the part of the
County shall be required.
5.4.2.2 No Resolution. If the employee does not agree
with the decision of the Fire Chief or the authorized agent, he or she shall sign
the original Grievance Form acknowledging his or her disagreement, and
immediately notify the Union in writing. The original, signed form shall be
submitted by the employee to the County Administrator within seven (7) work
days of the decision by the Fire Chief or authorized agent.
5.4.3 SteD Three. The County Administrator or his or her
authorized agent shall make such inquiry concerning the grievance as he or she
shall deem appropriate, and shall render a written decision within ten (10) work
days of receipt of the Fire Chief=s, or Fire Chief=s authorized agent=s, decision.
5.4.3.1 Aareed Resolution. If the employee agrees with
the decision of the County Administrator, he or she shall sign the Grievance
Form acknowledging his or her agreement, and the original, signed form shall
be submitted to the Human Resources Director for placement with the
employees employment records. No further action on the part of the County
shall be required.
5.4.3.2 No Resolution. If the employee does not agree
with the decision of the County Administrator or his or her authorized agent,
the employee shall sign the original Grievance Form acknowledging his or her
disagreement, and the original, signed form shall be submitted by the employee
to the Human Resources Director within seven (7) work days from the date of
the decision by the County Administrator or his or her authorized agent. The
employee shall also submit a copy of the Grievance form to the Union, and the
Union may initiate proceedings with the Federal Mediation and Conciliation
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Services (FMCS) as provided for in Section 5.11 of this Article.
5.5 Immediate Dispute Resolution. If a dispute involves the interpretation
or application of this Agreement that has an imminent, substantial effect on the
Union itself or upon five (5) or more Union members, either the County or the
Union may request waiver of Step 1 and Step 2 in the grievance procedure,
whereupon both the County and Union will proceed to immediate discussions at
Step 3. Such discussions shall commence within twenty-four (24) hours, during
a work week, after notification to the other party and shall continue for not
more than seven (7) work days. If the dispute is not resolved during this time
frame, the Union may initiate proceedings with the Federal Mediation and
Conciliation Services (FMCS) as provided in Section 5.11 of this Article.
5.6 Extension of Time. At any stage during the grievance process, the
County and the Union may mutually agree to extend the time limits specified in
the grievance procedure. In computing time limits under this Article,
Saturdays, Sundays, and Holidays shall not be counted. For purposes of this
Article, the Term "working days" or Awork day@ is defined as Monday through
Friday, and each day thereof.
5.7 Timeliness. Unless otherwise mutually agreed to in writing by the County
and the Union, a grievance not advanced to the next step in the grievance
procedure shall be deemed to have been permanently withdrawn and as having
been settled on the basis of the decision most recently given. Failure of the
County=s representative to answer within the time limit set forth in any step of
the procedure, unless an extension of time has been mutually agreed to in
writing by the Union and the County, will entitle the grievant to proceed to the
next step.
5.a Consolidation of Grievances. Either the County or the Union may
consolidate at any step grievances on similar issues or disputes.
5.9 Employee=s Representative. The County and Union agree that nothing
in this Agreement shall be construed to prevent any public employee from
presenting, at any time, his or her own grievance in person to the County and
having such grievance resolved without the intervention of the Union, provided
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that the resolution is not inconsistent with the provisions of this Agreement.
The Union will be given reasonable opportunity to have a representative
present, for observation purposes only, at any meeting called for the resolution
of the grievance. No grievant shall have the right to initiate proceedings with
the Federal Mediation and Conciliation Services, as this right is reserved
exclusively to the Union.
5.10 Grievance Not To Be Heard Outside Of Procedures. The Union and
County agree that no County Commissioner nor the County Administrator shall
be approached, contacted, notified either verbally or in writing, or otherwise
apprised of the pendency of a grievance by the grievant, Union officer, Union
member, or employee covered by the Union as bargaining agent, when the
purpose is to have the County Commissioner or the County Administrator
intervene in the grievance proceeding at any level. Upon due proof of a
violation of this provision, the individual or individuals determined to have
committed the violation shall be disciplined. Nothing in this Section 5.10 shall
be interpreted, applied, or deemed to be applied in such a way as to interfere
with, limit, or otherwise abridge any employee=s right to freedom of speech as
such right is defined or interpreted by the federal or Florida constitution or
federal or state law.
5.11 Federal Mediation And Conciliation Service Arl}itration (FMCS).
5.11.1 Intent To Proceed. The determination to proceed under this
Section shall be only by the Union or the County. Within seven (7) working
days after the decision by the County Administrator or his designee as provided
for in Section 5.4,3.2, or pursuant to Section 5.5, either the County or the
Union shall announce its intention to proceed to arbitration by providing the
other party with a copy of the FMCS Form requesting appointment of
arbitrators.
5.11.2 Selection of Arbitrator. Selection of an arbitrator will take
place according to the rules and procedures of the Federal Mediation and
Conciliation Service. As promptly as possible after the arbitrator has been
selected, the arbitrator shall conduct a hearing between the parties and
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consider the subject matter of the grievance. The arbitrator will be requested to
serve his decision upon the County and the Union within 30 days of the close of
the hearing.
5.11.3 Payment of Exoenses. The expenses of the arbitrator shall be
paid by the party losing the award. If a grievance presents more than one (1)
issue, or if the arbitrator splits an award between the parties, the arbitrator in
the award shall decide the division of the arbitrator's fee.
5.11.4 Partv=s Costs. Each party shall be exclusively responsible for
compensating its own representative(s) and witnesses. If a court reporter or
verbatim record of the proceeding is desired, and the County and the Union do
not otherwise agree in writing, the expenses of the reporter and the cost of the
transcript shall be paid by the party requesting such reporter or transcript.
5.11.5 Limitation on Arbitrator. The power and authority of the
arbitrator shall be strictly limited to determination and interpretation of the
express terms of this Agreement, and the arbitrator shall not have the power to
add to, subtract from, modify, or alter the express terms of this Agreement.
The decision of the arbitrator is final and binding on both parties. No decision of
any arbitrator or of the county in one instance shall create a basis for
retroactive adjustments with reference to any prior occurrences not a part of
the grievance, unless otherwise agreed by both parties.
5.11.6 Limitation on Back Wages. All awards for back wages shall be
limited to the amount of wages, and seniority that the grievant
otherwise would have earned from the County, less any unemployment
compensation and other sums received either directly or indirectly through the
County during the period for which back pay was awarded.
ARTICLE 6: SENIORITY. LAYOFFS. RECALL.
6.1 Seniority Aoolication. Classification seniority shall be used for
determining station assignments, as appropriate and consistent with the
County=s management rights. Department seniority shall be used for resolving
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all other issues concerning seniority, as appropriate and consistent with the
County=s management rights.
6.2 Seniority Determination. Classification seniority for employees within
the same classification or rank shall be based upon the individual employee=s
last date of permanent hire. Department seniority for employees having the
same date of permanent hire shall be based upon the longer time in
classification, e.g. when two or more employees have the same last date of
permanent hire! their relative seniority shall be determined first by their time in
the highest attained classification or rank, and if this factor is equal for the
employees involved, then their relative seniority shall be determined by lot.
6.3 Loss of Seniority. An employee shall lose his or her status as an
employee and his or her classification seniority, rank, and department seniority
if:
6.3.1 Resi9ns or Quits. The employee resigns or quits.
6.3.2 Discharged. The employee is discharged for just cause.
6.3.3 Retirement. The employee retires and ceases to perform any
services for the County. Enrolling into the Florida Deferred Retirement Option
Plan (DROP) shall not be considered a retirement.
6.3.4 Lay Off. The employee has been laid off for a period of time equal
to his or her department seniority at the time of the employee=s layoff, or one
(1) year, whichever is the lesser period of time.
6.3.5 Absence.
6.4 Lavoffs.
6.4.1 Order of Lavoffs. At such time or times as the County may
determine it is necessary to reduce the work force of the employees
represented by the Union, the layoff of employees shall occur in the following
order and in accordance with department seniority:
6.4.1.1 First Level. Temporary! part-time, trainee! and seasonal
employees shall be the first level of staffing to be laid off.
6.4.1.2 Second Level. Probationary hires and non-permanent
full-time employees shall be the second level of staffing to be laid off.
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6.4.1.3 Third Level. Full-time permanent employees shall be the
third level of staffing to be laid off.
6.4.2 Permanent Emplovee Lavoffs.
6.4.2.1 Basis. Permanent employees shall be laid off on the basis
of their seniority classification within the classification or rank.
6.4.2.2 Management Right. Classifications or ranks to be
reduced in number of employees through layoffs shall be determined by the
County in the exercise of its management rights.
6.4.3 ABumoing@ Rights.
6.4.3.1 Within Department. Employees who are represented by
the Union and who are properly laid off shall not have bumping rights to any
other department or division of the County.
6.4.3.2 Union Positions Exclusive. Employees who are laid off
from any other department or division of the County shall not have bumping
rights to any position represented by the Union.
6.4.3.3 Ranking Order. For purposes of bumping rights w in
of employees covered by this Agreement h IS first
em ployee ouL
6.4.3.4 Bumpina Down. When an employee above the rank or
classification of Airport Rescue Firefighter is notified he or she is to be laid off,
he or she shall have the right to bump down to the next lower rank. If the
employee elects to bump down, the least senior employee in seniority
classification in the next lowest rank shall either be laid off or have the right to
bump down, and this procedure shall be followed on down until the least senior
employee in seniority classification has been reached, and this person shall be
laid off.
6.4.4 Notice of Lavoffs. Upon the determination of the intent to
reorganize staffing levels resulting in one or more employee layoffs, the County
Administrator shall advise the Union president of the determination in writing as
soon as practicaL Any employee identified to be laid off shall be notified in
writing of the reason or reasons for the layoff and the effective date of the
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layoff. Such written notice shall be given to the employee at least (60)
days prior to the effective date of the layoff. The notice shall be considered
delivered as of the day it is hand-delivered to the employee or as of the day it is
placed in the United States Mail, postage prepaid, and addressed to the
employee""s address as shown current in the employee""s personnel file.
6.4.5 Recall. The County shall establish a (2) year rehire list when
any layoff occurs. Such list shall contain the name and classification or rank of
the employees who were laid off, with the names listed in order of seniority
within the classification or rank. No person who is not on the rehire list may be
hired until the rehire list is exhausted.
6.4.6 Rehire. When rehire occurs, the County shall reflll the job within
each classification or rank with the qualified individual who is next on the recall
seniority list. Should no qualified individual on the rehire list accept the rehire
offer, the County shall be free to hire any qualified individual in accordance with
County hiring policies. Rehire notices shall be sent by certified mail, return
receipt request, to the listed employee, allowing seven (7) calendar days after
receipt for acceptance or rejection of the rehire offer.
6.4.7 Rehire Qualifications. Any person laid off and subsequently
rehired within six months of the date of layoff shall be considered to be qualified
for the classification or rank to which rehired, provided any certification for the
position required by the State of Florida is in full force and effect. Individuals
who are rehired after six months of layoff shall be required to successfully pass
a position-related medical examination and show compliance with all State of
Florida certification requirements.
ARTICLE 7: CERTIFICATION~ STANDARDS~ AND TRAINING
7.1 Firefighters. The County=s goal is to employ individuals to perform
firefighting duties who possess a current, valid minimum standards certificate of
compliance issued to that individual in accordance with the provisions of Section
633.34 and Section 633.35, Florida Statutes, and applicable provisions of the
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Florida Administrative Code.
7.1.1 Firefi9hter Trainees. The County may, on a case by case basis,
temporarily employ an individual to perform firefighting duties who does not
possess the minimum standards certificate of compliance. Such individual shall
be classified as a Atrainee@, and shall be paid a base salary equal to ninety
percent (900/0) of the base salary of an entry-level firefighterjEMT.
7.1.2 Temoorarv Employment. A trainee shall be temporarily
employed for a period not to exceed one year. During temporary employment,
the County may, but is not obligated to, provide the opportunity for the trainee
to attend a minimum standards firefighting academy at the County=s expense.
Upon obtaining the minimum standards certificate of compliance, the trainee
shall become a regular employee, shall be paid at the base salary rate of an
entry-level Firefighter/EMT, and shall begin the probationary period of
employment.
7.1.3 Termination of Emolovment. The employment of a trainee who
fails to receive the minimum standards certificate of compliance shall not be
continued beyond the one-year period.
7.1.4 Repavment Agreement. Individuals for whom the County
provides the opportunity to attend a minimum standards firefighting academy
at the County=s expense shall be required to enter into a repayment
agreement. The terms and conditions of the repayment agreement shall be
substantially in the form attached to this Agreement as EXHIBIT B.
7.1.5 Continuinq Certification Trainina. The County shall provide
those training nities, both on-duty and off-duty, that are sufficient to
maintain those firefighting and S skills certification as minimally required by
the State of Florida and Monroe County.
7.2 Emergencv Medical Technician (EMT) Certification. Individuals
employed by Monroe County on a temporary or regular basis to perform
firefighting duties shall possess certification by the State of Florida as an
Emergency Medical Technician pursuant to the provisions of Chapter 401,
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DRAFT -12/08/05 -12:36 p.m.
Florida Statutes, and applicable Florida Administrative Code rules. The County
shall provide those training hours, both on-duty and off-duty, that are sufficient
to maintain EMT skills certification as minimally required by the State of Florida
and Monroe County,
7.3 Paramedics. The County=s ultimate goal is to provide professional fire
rescue services through the employment of firefighters who are also certified by
the State of Florida as a paramedic pursuant to the provisions of Chapter 401,
Florida Statutes, and applicable Florida Administrative Code rules,
7.3.1 Paramedic Trainees. The County may, on a case by case basis,
temporarily employ an individual to perform firefighting duties who does not
possess certification as a Paramedic. Such individual shall be classified as a
Atrainee@, and shall be paid a base salary equal to ninety percent (900/0) of the
base salary of an entry-level Firefighter/Paramedic.
7.3.2 Temporary Emoloyment. A trainee shall be temporarily
employed for a period not to exceed one year, During temporary employment,
the County may, but is not obligated to, provide the opportunity for the trainee
to attend Paramedic training at the County=s expense. Upon obtaining
certification as a Paramedic, the trainee shall become a regular employee, shall
be paid at the base salary rate of an entry-level Firefighter/Paramedic, and shall
begin the probationary period of employment.
7.3.3 Termination of Emoloyment. The employment of a trainee who
fails to receive certification as a Paramedic shall not be continued beyond the
one-year period.
7.3.4 Reoayment Agreement. Individuals for whom the County
provides the opportunity obtain certification as a Paramedic at the County=s
expense shall be required to enter into a repayment agreement. The terms and
conditions of the repayment agreement shall be substantially in the form
attached to this Agreement as EXHIBIT B.
7.3.5Continuing Certification Trainina. The County shall provide
those training hours, both on-duty and off-duty, that are sufficient to maintain
those paramedic and firefighting skills as minimally required by the State of
32
DRAFT -12/08/05 -12:36 p.m.
Florida and Monroe County.
7.4 Initial Paramedic Certification For Firefighter/EMT Employees.
7.4.1 Eligibilitv. At the discretion of the County, non-probationary
regular Unit members may be provided the opportunity to become certified
under Florida law as a paramedic.
7.4.2Schedulina and Approval. The Unit member, the Union, and the
County Fire Chief shall jointly discuss and agree in writing concerning the
timing, conditions of attendance, and location of training to achieve Paramedic
certification. One condition shall include a Repayment Agreement in
substantially the form contained in Exhibit B. The certification training shall be
at the expense of the County.
ARTICLE 8: SALARIES AND SUPPLEMENTS
8.1 Base Salary. Base salaries and step increases for positions covered by
this Agreement are attached hereto as EXHIBIT C, and made a part of this
Agreement by reference.
10 yt
s H
Step increases are on rgain unit member's
an ry date.
8.2 State Mandated Educational SUDplement. In accordance with the
provisions of Section 633.382, Florida Statutes, and in accordance with the
provisions of Rules 69A-37.082 through 69A-37.089, Florida Administrative
Code, the County shall be responsible for, and shall pay, to eligible employees
the following amounts:
8.2.1 Associate Dearee. For employees holding an associate
degree, the sum of $50.00 per month, not to exceed a total of $600.00 per
calendar year.
8.2.2 Bachelor Degree. For employees holding a bachelor=s
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DRAFT - 12/08/05 - 12:36 p.m.
degree, the sum of $110.00 per month, not to exceed a total of $1,320.00 per
year.
S.2.3 Dual Degrees. If an employee holds both an associate
degree and a bachelor=s degree, the employee shall receive only the
supplement for the bachelor=s degree.
S.3 Eligibility For State Mandated Educational SUDDlement. Eligibility for
the state mandated supplement shall be determined in accordance Section
633.382, Florida Statutes, and in accordance with the provisions of Rules 69A-
37.082 through 69A-37.089, Florida Administrative Code.
Base Salary. roup base sa shauld be
compensated in a level method. Base salary should be divided by the
annual number af pay periods (26 currently). Overtime and other
special pay II be paid in accordance with County payroll procedures.
S.5 Hold-Over Time. Call Back Time. and Early Reoortina Time Salary
Suoplements.
8.5.1 Hold Over Time. AHold Over Time@ shall mean the work time
when an employee is required to work beyond the end of his or her regularly
scheduled work shift.
8.5.2 Call Back Time. ACal1 Back Time@ shall mean the time when,
after an employee has completed his or her normal shift and has departed the
work site without any expectation of returning to work before his or her next
regularly scheduled shift, the employee has been contacted to report for work
and does in fact report for work. Call Back Time shall commence when the
employee reports to the work site and shall end when the employee completes
the work and departs from the work site. Call Back Time shall consist of a
minimum of four hours of work.
S.s.3 Early Reoorting Time. AEarly Reporting Time@ shall mean the
time an employee is required to report to work, for a regularly scheduled work
shift, at a time earlier than the normal starting time for the regularly scheduled
work shift.
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DRAFT - 12/08/05-12:36 pan.
8.5.4 Compensation. Compensation for Hold Over Time, Call Back
Time, and Early Reporting Time shall be paid at the regular and overtime rates
in accordance with the calculation of the hours worked by the employee during
the regular work cycle.
lL.fi. Overtime Pay. Overtime Pay shall be calculated at the rate of one and
one-half times the regular hourly rate of pay. Overtime Pay shall be paid
for each hour worked in excess of two hundred four (204) hours during
the work cycle.
ILZ Flight Pay.
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35
DRAFT - 12/08/05 - 12:36 p.m.
ARTICLE 9: EMPLOYMENT BENEFITS
9.1. Apolicability. The benefits listed in this Article and elsewhere in this
Agreement apply only to full-time personnel unless expressly stated otherwise.
9.2. Annual (Vacation) Leave.
9.2.1 Employees whose normal duty assignments involve shift work
usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be
referred to as a A24/48 schedule@) shall earn annual leave while employed full-
time by the County.
9.2.2 An employee shall commence earning annual leave beginning with
the first day of work following employment or re-employment, provided an
entire pay period is worked.
9.2.3 An employee who has had a break in employment of 60 hours or
more shall earn annual leave, upon reinstatement or re-employment, at the
rate established for newly-hired employees.
9.2.4 An employee shall earn annual leave in accordance with the
following schedule:
9.2.4.1 During the 1st, 2nd, and 3rd years of employment, annual
leave shall be earned at the rate of five (5) hours per pay-period, with the total
number of hours earned not to exceed one hundred thirty (130) hours in a
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DRAFT -12/08/05 -12:36 p.m.
calendar year.
9.2.4.2 During the 4th through 10th years of employment, annual
leave shall be earned at the rate of six and one-quarter (6,25) hours per pay-
period, with the total number of hours earned not to exceed one hundred sixty-
two and one-half (162.5) hours in a calendar year.
9.2.4.3 During the 11th through 15th years of employment, annual
leave shall be earned at the rate of seven and one-half (7.5) hours per pay-
period, with the total number of hours earned not to exceed one hundred
ninety-five (195) hours in a calendar year.
9.2.4.4 During the 16th year of employment and for each year
thereafter, annual leave shall be earned at the rate of eight and three-quarters
(8.75) hours per pay-period, with the total number of hours earned not to
exceed two hundred twenty-seven and one-half (227.5) hours in a calendar
year.
9.2.5 The application, administration and interpretation of annual leave
benefits shall be in accordance with the applicable provisions of Monroe County
Administrative Procedures and any addenda thereto, as may be amended from
time to time. Any provision of the Administrative Procedures or any addenda
which is in direct conflict with any provision in this Agreement is superseded by
this Agreement to the extent of such conflict.
9.3. Sick Leave.
9.3.1 Employees whose normal duty assignments involve shift work
usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be
referred to as a A24/48 schedule@) shall earn sick leave while employed full-
time by the County.
9.3.2 An employee shall commence earning sick leave beginning with
the second pay period following employment or re-employment.
9.3.3 An employee who has had a break in employment of sixty (60)
hours or more shall earn sick leave, upon reinstatement or re-employment, at
the rate established for newly-hired employees.
9.3.4 An employee shall earn sick leave at the rate of five (5) hours per
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pay-period, with the total number of hours earned not to exceed one hundred
thirty (130) hours in a calendar year.
9.3.5 An employee who has an accrued an unused sick leave balance of
more than four hundred eighty (480) as of September 30th in any year shall
have the option to either:
9.3.5.1 Receive payment for hours accrued and unused in excess
of four hundred eighty (480) hours, multiplied by the employee=s then current
rate of pay as of September 30th of that year; provided, however, that the total
number of hours for which payment is received shall not exceed fifty-two (52)
in any year.
9.3.5.2 Elect to have the excess hours remain as accrued and
unused, provided the employee notifies the Personnel Office by September 1st
that the employee is foregoing payment for the excess hours.
9.3.6 An eligible employee may enroll in and receive the benefits of the
Monroe County Sick Leave Pool. Enrollment procedures and rules for the
operation of the Sick Leave Pool are found in Monroe County Administrative
Instruction 4702, as amended from time to time, and these procedures and
rules shall be used in the administration of the Sick Leave Pool program.
9.3.7 The application, administration and interpretation of sick leave
benefits shall be in accordance with the applicable provisions of Monroe County
Administrative Procedures and any addenda thereto, as may be amended from
time to time. Any provision of the Administrative Procedures or any addenda
which is in direct conflict with any provision in this Agreement is superseded by
this Agreement to the extent of such conflict.
9.4. Holidav Leave.
9.4.1 The County has recognized certain days to be holidays, during
which most County offices are normally closed. The County and Union agree
that the County=s firefighting and emergency rescue services are, and shall be,
available during holidays, and that some bargaining unit members will be
required to work during designated holiday periods.
9.4.2 The applicatio"n, administration and interpretation of hOliday leave
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DRAFT - 12/08/05 - 12:36 p.m.
benefits shall be in accordance with the applicable provisions of Monroe County
Personnel Policies and Procedures and any addenda thereto, as may be
amended from time to time. Any provision of the Personnel Policy and
Procedures or any addenda which is in direct conflict with any provision in this
Agreement is superseded by this Agreement to the extent of such conflict.
9.5. Uniform And Personal Gear; Maintenance. The County and Union
agree that certain uniform and protective equipment shall be supplied and/or
maintained by the County under the following terms and conditions:
9.5.1 Uniforms. Initial Issuance. The County agrees to issue to each
Unit member the following uniform items:
ITEM DESCRIPTION NUMBER ISSUED
Shirt, Long Sleeve, Blue, w/ Insignia Two
Shirt, Short Sleeve, Blue, w/lnsignia Two
Shirt, AT@, w/lnsignia Five
Suit, Jump, w/lnsignia One
Coat, Rain One
Jacket, w/lnsignia One
Pa nts Two
Shirt, Polo, Grey, w/lnsignia Two
Badge One
Name Tag One
Station Shoes/Boots One Pair
9.5.2 Uniforms. Replacement. Any uniform item which, as
determined by the County, has been destroyed, damaged beyond economical
repair, or which is otherwise unusable or unsightly due to wear and tear shall
be replaced by the County at the County=s expense.
9.5.3 Uniforms. Maintenance. The County agrees to provide at each
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DRAFT - 12/08/05 - 12:36 p.m.
work site a clothes washer and clothes dryer for use by Unit members to clean
and dry issued items of uniform clothing.
9.5.4 Uniforms, Class A. At such time as the County adopts a Class A
(Formal) uniform for fire/rescue personnel, the County shall issue one Class A
uniform to each Unit member who has been a Unit member for three or more
consecutive yea rs of service.
9.5.4.1 The uniform shall be owned by the County, and upon
termination, other than retirement, from employment a Unit member shall
return the issued Class A uniform to the County, or shall pay to the County the
full cost of replacement of the uniform.
9.5.4.2 Any Unit member to whom a Class A uniform has been
issued, and who retires from service while still a Unit member, shall be entitled,
upon his or her request, to retain the Class A uniform as his or her property.
9.5.5 Footwear. ADDroved. The County shall have the right to
designate the type, model, and supplier of footwear (station shoes/boots) to be
worn by Unit members while performing services for the County. Only the
purchase of approved footwear shall entitle the Unit member to reimbursement
as provided below.
9.5.6 Footwear. Reimbursement. A Unit member shall be entitled to
reimbursement in an amount up to Three Hundred Dollars ($300.00) each odd-
numbered year for the purchase of approved footwear to be used by the Unit
member while performing services for the County. The Unit member shall
submit sales receipts in form suitable to the County showing the date, item
purchased, and total amount to be reimbursed, and reimbursement shall be
processed and payment made in accordance with the County=s usual practices
and procedures.
9.5.7 Footwear. Supplier Contract. In the event that the County
enters into an agreement with any entity to be a footwear supplier to the
County for purposes of providing footwear to Unit members, the procedures put
into place by the County pursuant to the contract shall be the approved method
for acquiring footwear by Unit members.
40
DRAFT - 12/08/05 - 12:36 p.m.
9.5.8 Personal Protective Gear. Issuance. The County agrees to
issue to each Unit member the following personal protective gear:
ITEM DESCRIPTION NUMBER ISSUED
Coat, Bunker One
Pants, Bunker One
Boots, Protective One Pair
Gloves, Protective One Pair
Hood, Fire Resistant One
Helmet, Fire One
Suspenders, Pants One Pair
Bag, Mask One
Mask, MSA, Complete One
Pack, AFanny@ One
Sleeves, Protective One Pair
Glasses, Safety One Pair
Shears, Trauma One Pair
9.5.9 Personal Protective Gear. Replacement. Any item of personal
protective gear which, as determined by the County, has been destroyed,
damaged beyond economical repair, or which is otherwise unusable or unsightly
due to wear and tear shall be replaced by the County at the County=s expense,
9.5.10 Personal Protective Gear. Maintenance. The County agrees
to clean and repair a Unit member=s items of personal protective gear at such
times as may be deemed necessary from time to time by appropriate
supervisory personnel.
9.6. Health And Medical Coverage. The County agrees to to Unit
members coverage under a Medical Insurance Plan, a Pharmaceutical Co-Pay
Plan, an Employee Assistance Plan, and make avai Unit mem rs a
41
DRAFT -12/08/05 -12:36 p.m.
Payroll Deduction Plan for Vision and Dental Services. These plans shall be
offered under the same terms, conditions, and limitations as offered to other
County employees, as amended or changed from time to time.
9.7. Life Insurance. The County agrees to provide life insurance coverage
for each Unit member in the amount of Twenty Thousand Dollars ($20,000.00)
at no premium cost to the Unit member. Such coverage shall be of the type
provided to other County employees and shall be with such underwriter or
underwriters as the County may select from time to time.
9.8. Phvsical/Medical Examinations
9.8.1 The County and Union agree that, among other considerations,
eligibility of bargaining unit employees to receive certain presumptions and
entitlements relative to communicable diseases, disability, and other benefits
requires a physical/medical examination of the employee had been conducted
prior to the occurrence of the event or condition upon which the presumption or
entitlement is based. Additionally, a physical/medical examination evincing
good physical condition is required by Section 633.34, Florida Statutes, as a
pre-condition of employment as a firefighter. The County and Union further
agree that physical/medical examinations for bargaining unit employees in
addition to Apost-offer, pre-employment@ physical/medical examinations is
warranted by the nature of the bargaining unit members"" duties.
9.8.2 Initial Phvsical/Medical Examination. The County agrees to
provide a post-offer of employment physical examination to an applicant to be
hired for a position included in the bargaining unit. The physical examination
shall be administered in accordance with applicable provisions of the Americans
with Disabilities Act (AADA@) and appropriate Monroe County Personnel Policies
and Procedures and addenda thereto. The cost of the physical examination
shall be paid for by the County, and the minimal scope, content and
documentation of the physical examination shall be in accordance with the
requirements of the Division of State Fire Marshal, Bureau of Fire Standards
and Training.
9.8.3 Periodic In-Service Physical/Medical Examination. The
42
DRAFT - 12/08/05 - 12:36 p.m..
County agrees to provide a physical/medical examination to each full-time
employee covered by this Agreement at such times and in such extent as
provided for in Section 2-41 Chapter 2, of Standard 1582 n of the
National Fire Protection Association, entitled Medical Requirements for
Firefighters and Information for Fire Department Physicians. The County will use
its good faith efforts to schedule the physical/medical examination for an
employee during the 30 days immediately prior to, or the 30 days immediately
after, the employee=s hire anniversary date; however, it shall also be the
responsibility of the employee to make appropriate notification to the County of
the need for the scheduling of the physical\medical examination. The failure of
the County to meet this general scheduling requirement for physical\medical
examinations shall not be subject to the grievance procedures provided for
elsewhere in this Agreement. The cost of the physical\medical examination
shall be paid for by the County. [lure of curre
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9.8.4 Special Incident Physical Examination. The County agrees to
provide a physical\medical examination to any full-time employee who has been
exposed to an infectious or contagious disease while in the performance of the
employee=s duties for the County. AdditionallYI the County agrees to provide a
physical\medical examination to a full-time employee who has been involved in
any incident while in the performance of the employee=s duties for the County
which, as generally and commonly recognized in the medical community, would
require a physical\medical examination. The performance of such
physical\medical examination shall be within a medically reasonable period of
time after the exposure or incident, and the cost of the physical\medical
examination shall be paid for by the County.
9.8.5 Fitness For Dutv Examinations. The County shall have the
right to require an employee to undergo a physical examination or mental
examination, or both, when it appears that the employee has exhibited an
43
DRAFT - 12/08/05 - 12:36 p.m.
action or conditions that are readily observable to a reasonable and prudent
person and which would lead such a person to reasonably believe that the
employee may not be able to fully perform his or her duties. The cost for the
examination or examinations shall be paid for by the County, the examination
or examinations shall be performed by the professional designated by the
County, and the results of the examination shall be reported in the manner
required by the County. If any applicable federal or state law shall require that
the employee who has been examined in accordance with this section provide
written consent for the release of the examination information to the County,
the employee shall provide such written consent conditioned upon the County
maintaining the confidentiality of the information received and the County shall
only release the information as required by federal or Florida law or by lawful
order issued by a court or administrative tribunal having competent authority to
issue such an order.
9.8.6 Documentation of Physical/Medical Examinations. For
physical/medical examinations administered in accordance with Sections .7.2
and .7.3 above, the documentation of the physical/medical examination shall be
provided to the County on Forms identified as Figure E-l, NFPA Physical Exam
Summary (2000 Edition) and Figure E-2{ NFPA Medical Examination Form (2000
Edition). The minimal requirements for reporting shall include a complete
medical history and general physical examination; urine drug screen for all
drugs identified by the County from time to time in accordance wIth state
; complete blood screen as identified by the County from time to time in
ance ; chemistry and lipid profile; audiogram, 12-lead
electrocardiogram with interpretation and report; chest x-ray, and treadmill
stress testi ng.
9.9. Firefighter Death Benefits
9.9.1 Florida Law. Section 112.191, Florida Statutes, requires the
County to provide certain benefits to a firefighter, the firefighter=s surviving
spouse, and any surviving children of a firefighter who dies, is killed, or suffers
a catastrophic injury under conditions specified in Section 112.191.
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DRAFT - 12/08/05 - 12:36 p.m.
9.9.2 Amounts. The amounts to be paid by the County under this law
range from $50,000 to $150,000 per firefighter, with such amounts subject to
adjustment as determined by the State Fire Marshal, and such payments shall
be in addition to any worker=s compensation and pension benefits.
Additionally, the County will pay the entire health insurance plan premium for
the firefighter and his or her spouse and children under the conditions specified
in Section 112.191.
9.9.3 Budgeting. The County agrees to budget each year for the
anticipated costs of providing the benefits under Section 112.191. The amount
of reserves, insurance expenses and other costs related to the benefits to be
provided shall be in such amounts to be solely determined in good faith by the
County. Additionally, the County shall have the right to provide for the
payment of these benefits through self-insurance, appropriate insuring policies,
or a combination thereof. The cost of any insurance premiums shall be paid by
the Cou nty.
9.9.4 Applicable Rules. The provisions of Section 9.8 shall be
administered consistent with the provisions contained in Rules 69A-64.001
through 69A-64.005, Florida Administrative Code.
9.10. Florida Retirement System Contributions.
9.10.1 Florida Law. All full-time employees of the County are required
to participate in the Florida Retirement System (FRS). Bargaining unit
members are classified as Aspecial risk@ employees under the FRS, which
requires the County to make contributions to the FRS on a higher percentage
basis than for regular members of the FRS,
9.10.2 Budgeting. The County agrees to budget each year for the
anticipated total amount of contributions to be made to the FRS on account of
the bargaining unit members.
9.10.3 No Member Contribution. Bargaining unit members shall not
be required or obligated to contribute any sums to the FRS; provided, however,
that if in the future the state law changes in this regard, this provision of the
Agreement shall be automatically amended to conform with the statutory
45
DRAFT - 12/08/05 - 12:36 p.m.
provisions.
9.11. Educational Expense Reimbursement.
9.11.1 General. The County agrees to reimburse employees for
educational expenses incurred by the employee under the following terms and
conditions:
9.11.1.1 Eligibilitv. The employee must have been employed
full-time by the County for at least one year immediately prior to applying for
reimbursement, and the employee must not be in an initial or extended
probationary status.
9.11.1.2 Prohibitions. The employee shall not utilize any space,
personnel, equipment or supplies provided by the County in the process of
fulfilling any of the requirements of the coursework for which the employee is
being reimbursed.
9.11.1.3 New Coursework. The coursework must not be
duplicative of any coursework for which the employee has been previously
reimbursed by the County, unless ui by 7.1.5.
9.11.2 Administration. The application, administration and
interpretation of educational reimbursement benefits, and the amounts to be
paid, shall be in accordance with the applicable provisions of Monroe County
Personnel Policies and Procedures and any addenda thereto, as may be
amended from time to time. Any provision of the Policies and Procedures or of
any addenda which is in direct conflict with any provision in this Agreement is
superseded by this Agreement to the extent of such conflict.
9.12 Communicable Disease Immunization.
9.12.1 Acknowledgment of Risk. The County and Union agree that
the bargaining unit members run a high risk of occupational exposure to
hepatitis, meningococcal meningitis, and tuberculosis, and the County should
provide such immunizations a s th
9.12.2 Records and Notification. The County shall maintain a record
of any known or reasonably suspected exposure of a bargaining unit member to
the diseases described in Section 9.12.6, and the County shall immediately
46
DRAFT -12/08/05 -12:36 p.m.
notify the employee of such exposure.
9.12.3 Member to Report. Each bargaining unit member who has
knowledge of known or suspected occupational exposure to the diseases
described in Section 9.12.6 shall immediately file a report of the incident to the
a su L
9.12.4 Immunization. Each bargaining unit member shall be
inoculated against hepatitis upon employment or as may be medically required
in order to have current immunization against hepatitis. The County shall pay
for the costs of such immunization. m lmmuni
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9.12.5 Future Circumstances; Reauirements. Whenever any
standard, medically recognized vaccine or other form of immunization or
prophylaxis exists for the prevention of a communicable disease recognized in
Section 112.181, Florida Statutes, the County may require bargaining unit
members to undergo the immunization or prophylaxis; provided, such
immunization or prophylaxis is medically indicated in the given circumstances
pursuant to immunization policies established by the Advisory Committee on
Immunization Practices of the United States Public Health Service and the
employee=s physician has not determined in writing that the immunization or
prophylaxis would pose a significant risk to the employee=s health.
9.12.6 Required Screening For Statutory Presumotions.
9.12.6.1 Florida Law. Section 112.18 and Section 112.181,
Florida Statutes, provides that, under certain conditions, specified illnesses and
injuries shall be presumed by law to have been accidental and to have been
suffered in the line of duty, provided a medical examination had been
previously conducted upon the employee or the employee has executed a
written affidavit as provided in Section 92.50, Florida Statutes.
9.12.6.2 Screenings And Affidavits. The County agrees to
provide the medical screenings, as part of the physical and medical
examinations provided for in Section 9.8 of this Agreement.
47
DRAFT - 12/08/05 - 12:36 p.m.
9.13 Public Records Exemptions.
9.13.1 Florida Law. Chapter 119, Florida Statutes, provides
protections against certain information being available to the public under the
Florida Public Records law.
~.13.2 ExemDt Information. The County and Union agree that the
home addresses, telephone numbers, and photographs of firefighters certified
in compliance with Section 633.35, Florida Statutes; the home addresses,
telephone numbers, photographs, and places of employment of the spouses and
children of such firefighters; and the names and locations of schools and day
care facilities attended by the children of such firefighters are exempt from
inspection under Section 119.01, Florida Statutes.
9.13.3 Protection of ExemDtion. The County agrees that, when any
request is received under the Florida Public Records law to inspect any record
maintained by the County relating to a member of the bargaining unit, the
County will take such steps as are reasonably required to redact, omit, cover
up, or otherwise eliminate from the records to be inspected such information as
is listed in Section 9,12.2.
9.14 Workers' ComDensation Premiums.
9.14.1 Coveraae and Benefits. All full-time Unit member employees
of the County are participants in the Florida Workers' Compensation program
and are entitled to receive such coverages and benefits as provided by the
Florida Workers' Compensation law.
9.14.2 Budgeting. The County agrees to budget each year for the
anticipated total amount of claims and excess insurance premiums to be paid
for workers' compensation coverage of, and payments on behalf of, the
bargaining unit members.
9.14.3 No Member Contribution. Bargaining unit members shall not
be required or obligated to contribute any sums towards workers' compensation
insurance premiums; provided, however, that if in the future the state law
changes in this regard, this provision of the Agreement shall be automatically
48
DRAFT - 12/08/05 - 12:36 p.m.
amended to conform with the statutory provisions.
9.15 Unemoloyment Compensation Benefits.
9.15.1 Florida Law. In general, employees of the County are entitled
to the rights and benefits provided by the Florida Unemployment Compensation
law.
9.15.2 Budgeting. The County is a Areimbursable employer@ under
the law, and agrees to pay each year the total amount of unemployment
benefits to be repaid to the State of Florida for unemployment compensation
benefits payable to or on account of bargaining unit members.
9.15.3 No Member Contribution. Bargaining unit members shall not
be required or obligated to contribute any sums as contributions towards
unemployment compensation benefits; provided, however, that if in the future
the state law changes in this regard, this provision of the Agreement shall be
automatically amended to conform with the statutory provisions.
9.16 Federal Government Contributions.
9.16.1 FICA and Medicare. The County agrees to remit to the federal
government on a timely basis all amounts owed as the employer=s portion of
FICA and Medicare contributions attributable to the employment by the County
of each Unit member.
9.16.2 Emoloyee Withholding. The County agrees to deduct from
each Unit member=s salary and wages all amounts owed by the employee to
the federal government for the employee=s share of FICA and MediCare
contributions, and withholding and forwarding of federal income tax obligations.
9.17 Savings Bond Deductions. The County agrees to provide the
opportunity to Unit members and employees to participate in a Savings Bond
program through a payroll deduction plan. The program shall be administered
by the County in accordance with its standard practices, as may be amended
from to time.
9.18 Direct DeDosit Payroll Option. The County agrees to provide a
program for direct deposit of a Union member=s and employee=s pay into a
financial institution of the Unit member=s or employee=s choice, consistent with
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the policies and practices of the County, as may be amended from time to time.
9.19 Years-of-Service Award Proqram. The County agrees to provide an
award program to recognize employees who have been employed by the
County for five years or more, and this program shall be administered as
provided in Section 2-15.6, Monroe County Code, as amended from time to
time.
ARTICLE X: MISCELLANEOUS PROVISIONS.
10. Term of Aareement: Effective Date.
10.1 Term. The term of this Agreement shall be for a period of three (3)
years, commencing at 12:01 A.M. on October 1, 2005, and ending on
September 30,2008, at 11:59 P.M.
.2 is Agreement all rem n in
and shall continue in
IS reached or imposed.
.3 Reopener. m al is with
(30) days to discuss specific issues wh n be agreed upon
mutual by both parties prior commencement of negotiation. In year 2
is contract can be reopened for r 3 of e for the rpose
an add Day.
1 L Bargaining Unit Work Security. During the term
the Employer shall assign or legate rgainlng u
I force a
d
ng any
and effect u
such
as a new
is Agreement,
any
manner
rl
rees
(com
t rescuer fire
on em
I se
adm
serv
a
II
mannerr to
rescue or
r fire
curre fire
50
DRAFT -12/08/05 -12:36 p.m.
d of u r fire company that
unty is rmissible u
currently under
ThIs does not
covered under mutual a agreements or services
ic ba ing units a
in
prec!
the eve of
services. -
12. Construction. This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a
court of competent jurisdiction shalll1e in Monroe County, Florida.
13. Severabilitv. Should any word, phrase or provision of this Agreement be
declared illegal or invalid by a court of competent jurisdiction, such declaration
of illegality and/or invalidity shall not affect the remainder hereof.
1.4. Entire Aareement. No statements, representations, or warranties,
whether written or oral or from whatever source arising, that were made or
alleged to have been made in the negotiation of this Agreement, or alleged as
being an inducement by or to either the County or the Union to enter into this
Agreement, shall have any validity between the County and the Union or be
binding on either the County or the Union, unless such statement,
representation, or warranty is expressly written into this Agreement.
15. Captions And Paragraph Headinas. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no
way define, describe, extend or limit the scope and intent of this Agreement,
nor the intent of any provision of this Agreement.
16. Exhibits.
16.1 Inclusion in Agreement. The Exhibits referred to in, and attached
to, this Agreement shall be incorporated into this Agreement and be a part of
this Agreement.
16.2 Additional Exhibits; Amendment of Exhibits. The County and
Union agree that one or more additional Exhibits may be added to this
Agreement, and that any Exhibit to this Agreement may be amended, changed,
or supplemented from time to time, provided that such addition, change,
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DRAFT -12/08/05 -12:36 p.m.
amendment, or supplement shall be accepted and approved by both the Union
members and the County consistent with the procedures for ratification and
approval of agreements provided for in Chapter 447, Florida Statutes, and
further provided that only the added, changed, amended, or supplemented
Exhibit need be submitted for ratification and approval.
1.6.3 Changes to Section 16.4. The list of Exhibits provided in Section
16.4 of this Agreement shall be amended from time to time by the County to
reflect any additions, supplements, changes, or amendments ratified and
adopted from time to time as provided for in Section 16.2 of this Agreement,
16.4 List of Exhibits. The Exhibits to this Agreement are as follows:
16.4.1 Exhibit A: Union Certification Documentation.
16.4.2 Exhibit B: Repavment Agreement. To be added at
later date by mutual agreement.
1.6.4.3 Exhibit C: Base Salarv And Step Increase Chart.
Pursuant to Section 447.309(1), Florida Statutes, the Above agreement is
agreed to by and between the bargaining agent and the chief executive officer
of Monroe County.
Baraainina Agent.
Professional Firefighters of Monroe County,
International Association of Firefighters,
Local 3909
By:
President
Date:
Chief Executive Officer:
By:
Tom Willi, County Administrator
Date:
This Collectively Bargained Agreement was bargained for and agreed to in
accordance with the provisions of Chapter 447, Florida Statutes, and Chapter
286, Florida Statutes; was submitted to the bargaining unit members and
ratified by a vote of votes for the Agreement and _ votes against the
Agreement; and after ratification was submitted to the Board of County
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Commissioners for action.
Bargaining Agent.
Professional Firefighters of Monroe County,
International Association of Firefighters,
Local 3909
By:
President
Date:
The Board of County Commissioners, at a duly noticed and publicly held
meeting at , Monroe County, Florida, on ,
200_, approved the above Agreement by (unanimous) (majority) vote of the
Board Of County Commissioners, as follows:
VOTING FOR:
VOTING AGAINST:
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Dixie M. Spehar, Mayor
Date:
ATTEST:
DANNY L. KOLHAGE,
Clerk of Court
By:
Deputy Clerk
Date:
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DRAFT 12/07/05
1 THIS COLLECTIVELY BARGAIN ED AGREEM ENT is entered into by the
2 Board of County Commissioners of Monroe County, Florida (hereinafter
3 "County" or "Employer") and the Professional Firefighters of Monroe
4 County, International Association of Firefighters, Local 3909 (hereinafter
5 "Union", "Employee Organization", "Organization", or "Bargaining Agent")
6 pursuant to the authority of Part II, Chapter 447, Florida Statutes; and
7 hereafter this Agreement may be referred to as the "Unit Two Agreement."
8
9 ARTICLE 1: INTRODUCTORY MATTERS.
10
11 1.1 Puroose. The purpose of this Agreement is to set forth terms and
12 conditions of employment of the public employees Union and for the operation
13 of the Fire/Rescue Services provided by the County. Further, it is the intent of
14 this Agreement to promote effective protection of the residents of and visitors
15 to Monroe County; to provide for the safety of the employee in the performance
16 of his or her duties; to insure the economy in the operation of the Fire/Rescue
17 Services; to provide for the cleanliness, maintenance, and proper care of
18 equipment; to establish procedures for the fair and peaceful adjustment of
19 differences between the employee or Union and the County that may arise from
20 time to time; and to promulgate rules and regulations for ethical conduct in
21 business and relations between the employees, the Union, and the County.
22 Finally, it is the intent of this Agreement to provide for a great degree of
23 harmony and understanding between the County, the employee, and the Union.
24 1.2 Recoanition and Certification of Union; Manaaement Riahts.
25 1.2.1 Union Selection and Reauest. The Union is the employee
26 organization which has been selected by a majority of the Fire/Rescue Services
27 employees of the County for purposes of collective bargaining with the County
28 and, in accordance with Section 447.307(1)(a), Florida Statutes, the Union has
29 requested the County to recognize the Union as the bargaining agent for the
30 said employees.
1.2.2 Union Recoanition. The County is satisfied as to the majority
status of the Union and the appropriateness of the proposed unit in accordance
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with Section 447.307(1)(a), Florida Statutes~
1.2.3 Certification. The Florida Public Employees Relations Commission
("PERC") has reviewed the petition of the Union for certification, has
determined the appropriateness of the unit, and has certified the Union as the
exclusive representative of all employees in the unit. A copy of the certification
documentation is attached to this Agreement as Exhibit A.
1.2.4 Unit Determination. The unit covered by this Agreement has
been determined to include County employee positions of Battalion Chief,
Airport ARFF Captain, Fire Rescue Captain and Fire Rescue Lieutenant.
For convenience to the Union and County, this unit may be referred to as Unit
Two or Unit 2.
1.2.5 Exclusive Manaaement Riahts. Section 447.209, Florida
Statutes, provides the County with the authority to determine unilaterally the
purpose of each of its constituent departments and divisions, set standards of
services to be offered to the public, and exercise control and discretion over its
organization and operations. The County also has the right to direct its
employees, take disciplinary action for proper cause, and relieve employees
from duty because of lack of work or for other legitimate reasons. In matters
not covered specifically by language within this Agreement, the County shall
have the right to make decisions in such areas on a unilateral basis, and such
decisions shall not be subject to any grievance procedure, except as to whether
a specific matter is a management right, or as otherwise provided by Florida
law. The below enumerated rights of management are not all-inclusive, but
indicate the type of matters or rights which belongs to or is inherent to
management. Any of the rights, powers, and authority the County had prior to
entering into this Agreement are retained by the County except as expressly
provided for in this Agreement. Without limiting the generality of the
foregoing, the term "rights of Management" as used or referred to in this
Agreement include (1) the determination of policy and procedures, including
the right to manage the affairs of the fire/rescue services; (2) the right to
determine the starting and quitting time and the number of hours and shifts to
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be worked, including the need for overtime work, subject only to contrary
provisions of this Agreement; (3) the right to establish, change, or modify work
schedules, subject only to contrary provisions of this Agreement; staffing of
equipment and apparatus; amount and types of equipment; and placement and
location of equipment; (4) the right to direct the members of the unit, including
the right to hire, suspend, demote, promote, transfer, discipline, and discharge
any unit member for just cause; (5) the right to temporarily assign unit
members to other duties within the County's fire/rescue operations; (6) the
organizational structure of the fire/rescue operations in the County, including
the right to organize and reorganize in any manner in which the County
chooses, including the size of operations, the determination of job
classifications and ranks based upon other duties assigned; (7) the
determination of the safety, health, and property protection measures for the
fire/rescue services; (8) the allocation and assig nment of work to unit
members; (9) the determination of policy affecting the selection and training of
new employees and the on-going training, certification, and cross-certification
of unit members; (10) the scheduling of operations; (11) the establishment,
amendment, and enforcement of fire/rescue operations rules, regulations,
policies, procedures, and orders; (12) the transfer of work from one position to
another within the unit; (13) the introduction of new, improved, or different
methods and techniques of operations or a change in existing methods or
techniques; (14) the placing of secondary services temporarily; maintenance;
or other work with outside contractors or other agencies of the county, any
municipality within the county, or state or federal agencies; (15) the
determination of the number of ranks and number of personnel within the unit;
(16) the determination of the quantity and amount of supervision to be
provided to unit members; (17) the transfer of any unit member from one area,
shift, work schedule, or facility to another; and (18) the rig ht to direct any
person not covered by this Agreement to perform any task or assignment.
1.2.6 Notice of Exercise of Manaaement Riahts. The County agrees
that prior to unilaterally exercising any of its management rights detailed in
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Section 1.2.5 which will directly affect the unit's operations, the County will, in
non-emergency situations, provide written notification to the Union President
either by u.s. Postal Service Mail, certified or return receipt requested; in
person by hand-delivery; or by electronic mail with confirmation of receipt as
may be provided by the electronic mail software application. Non-emergency
written notification shall be given at least twenty (20) days prior to the effective
date of the management right to be exercised as identified in the notification.
In emergency situations, notice shall be given as soon as practicable and in
such form as may be reasonable under the circumstances.
1.2.7 Failure of Notification. In regards to exercising its rights
detailed in Section 1.2.5 and Section 1.2.6, the County and Union agree that
failure to give the written notice will not, in and of itself, provide the basis for
an unfair labor practice claim to be filed with PERC or become the basis for the
filing and processing of a grievance.
1.2.8 Non-Waiver; Non-Exclusivitv. The provision of any notice
pursuant to Sections 1.2.5 and Section 1.2.6 shall not be deemed to be a
waiver of any rights or prerogatives of the County to which the County is
entitled pursuant to federal, state, and local statutes, laws, ordinances,
regulations, rules, or case law. Should the County fail to exercise any of its
lawful rights from time to time, such failure shall not be, nor shall such failure
be deemed to be, a waiver to exercise such right or rights in the future, and it
is specifically agreed by the Union and the County that any right or function of
the County not specifically relinquished or altered by this Agreement is reserved
to the County. Further, the Union and County agree that the rights,
responsibilities, and prerogatives inherent in, or legally provided to, the County
and the County Administrator cannot be subject to any grievance or arbitration
proceedings except as may be specifically provided for in this Agreement.
1.3 Non-Discrimination.
1.3.1 Non-Discrimination Aareement. The County and Union agree
that both oppose discrimination or retaliation on account of, and neither shall
discriminate nor retaliate against any employee or Union member on account
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of, race, color, creed, gender, national origin, marital status, gender
orientation, sexual preference, age, religion, union activity, handicap or
disability except as may be permitted or allowed as a bona fide occupational
qualification under federal or state law.
1.3.2 Discrimination/Retaliation Not Grievable. While the County
and Union agree that unlawful discrimination and unlawful retaliation hve no
place in the County's workforce, federal and state laws provide specialized
protections, procedures and remedies for such misconduct. Therefore, claims
that the County or the Union enqaqed in unlawful discrimination or unlawful
retaliation shall exclusively be processed throuqh the statutory, administrative
and iudicial procedures that exist to entertain and resolve such claims.
Therefore, any such c1aim(s) is not subiect to the qrievance/arbitration
procedure of this Aqreement.
1.3.3 Investiaation of ComDlaint of Discrimination. The County and
Union agree that any allegation of discrimination against the County or the
Union that is received by the County shall be investigated and resolved in
accordance with the County's internal administrative procedures and the
County shall additionally have the right to forward any allegation of
discrimination to any appropriate state or federal agency as the County may
deem appropriate.
1.4 No Strike, No Lockout.
1.4.1 In1unctive Relief. The County and Union agree that the County
is responsible for and engaged in activities which are the basis for the health
and welfare of the general public and any violation of this section 1.4 could give
rise to irreparable damage to the County and the public at large. Accordingly,
the Union agrees that in the event any violation of this section 1.4 should occur
or be apparently imminent, the County shall be entitled to seek immediate
injunctive relief in a court of competent jurisdiction without notice to the Union.
1.4.2 No Strikes. The Union agrees that there shall be no strikes as
that term is defined in Florida Statutes, and that there shall be no work
stoppage, work slowdowns, boycotts, picket lines or picketing in support of a
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work stoppage or work slowdown, nor will there be a concerted failure or
refusal to perform work assigned by the County or appropriate superior
employees or individuals designated by the County. The County shall have the
right to pursue any and all legal and equitable remedies in the event of a strike.
1.4.3 No Suooort Bv Union. The Union agrees that it shall not
support, condone, encourage, authorize, sanction, or ratify any violation of sub-
section 1.4.2 above. The County agrees that the Union shall not be held liable
for any violation of section 1.4 if it is reasonably shown that neither the Union
nor any Union officer supported, condoned, encouraged, authorized,
sanctioned, or ratified such action. In the event any Union officer becomes
aware of any activity, whether verbal or physical, which is intended or may be
reasonably be construed to be instigating a strike, work stoppage, work
slowdown, boycott, picketing, or other activity in violation of this Agreement,
that officer shall immediately attempt to discourage such activity and shall
immediately notify the appropriate managerial authority of such action.
1.4.4 No Lockout. The County agrees that it shall not authorize,
promote, condone, institute, or engage in any lockout of Union members.
ARTICLE 2: DEFINITIONS
For the purpose of this Agreement, the following terms shall have the
meanings as set forth, unless the context specifically provides otherwise:
2.1 Administrative Proceeding, for purposes of disciplinary proceedings,
means any nonjudicial hearing which may result in the recommendation,
approval, or order of disciplinary action against, or suspension or discharge of,
a firefighter.
2.2 Advanced life support means treatment of life threatening medical
emergencies through the use of techniques such as endotracheal intubation,
the administration of drugs or intravenous fluids, telemetry, cardiac monitoring,
and cardiac defibrillation by a qualified person pursuant to the rules of the
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Florida Department of Health.
2.3 Advanced life support service means any emergency medical transport
or nontransport service which uses advanced life support techniques.
2.4 Air Ambulance means any fixed-wing or rotary-wing aircraft used for, or
intended to be used for, air transportation of sick or injured persons requiring
or likely to require medical attention during transport.
2.5 Ambulance means any privately or publicly owned land or water vehicle
that is designed, constructed, reconstructed, maintained, equipped, or operated
for, and is used for, or intended to be used for, land or water transportation of
sick or injured persons requiring or likely to require medical attention during
transport. The term also includes emergency medical services vehicle.
2.6 ARFF means Airport Rescue Firefighter.
2.7 Basic life support means treatment of medical emergencies by a
qualified person through the use of techniques such as patient assessment,
card iopulmonary resuscitation (CPR), splinting, obstetrical assistance,
bandaging, administration of oxygen, application of medical antishock trousers,
administration of a subcutaneous injection using a premeasured autoinjector of
epinephrine to a person suffering an anaphylactic reaction, and other
techniques described in the Emergency Medical Technician Basic Training
Course Curriculum of the United States Department of Transportation. The term
"basic life support" also includes other techniques which have been approved
and are performed under conditions specified by rules of the Florida
Department of Health.
2.8 Basic life support service means any emergency medical service which
uses only basic life support techniques.
2.9 Bargaining unit or Unit means the employees represented by the
Professional Firefighters of Monroe County, International Association of
Firefighters, Local 3909.
2.10 Bumping Rights means the right of an employee covered by this
Agreement to displace an employee of lower seniority, covered by this
Agreement, from a position covered by this Agreement, but only in accordance
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with the terms and conditions of this Agreement when agreed upon and added
to this contract.
2.11 Chief executive officer, as generally defined in Section 447.203,
Florida Statutes, shall mean the County Administrator.
2.12 Classification seniority shall mean the length of time of full-time
employment within a particular job classification, as measured from the date of
regular hire status to the classification or date of permanent promotion to the
classification.
2.13 Continuous service, as required for advancement within salary ranges
and for other purposes specified under this Agreement, means employment by
the County on a probationary, regular, or acting appointment basis without
break or interruption, and shall be interpreted in accordance with the County's
policies and procedures.
2.14 County means the political entity known as Monroe County, and includes
the Board of County Commissioners, the County Fire Chief, the County
Administrator, and employees and agents of Monroe County. County also
means the geographical area of the State of Florida encompassed within the
boundaries set forth in Section 7.44, Florida Statutes.
2.15 Court means any county court or state circuit court in Florida and any
federal court in Florida having subpoena powers and exercising such power
upon a unit member as a result of action or involvement in, or observance of, a
situation while in the member=s capacity as a county employee.
2.16 Department seniority shall mean the length of time of full-time regular
employment with the County, calculated from the last hire date.
2.17 Emergency means a circumstance requiring immediate action; a
sudden, unexpected happening; an unforeseen occurrence or condition.
2.18 Emergency Medical Services means the activities or services to
prevent or treat a sudden critical illness or injury and to provide emergency
medical care and prehospital emergency medical transportation to sick, injured,
or otherwise incapacitated persons.
2.19 Emergency medical services vehicle means an ambulance.
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2.20 Emergency medical technician means a person who is certified by the
Florida Department of Health to perform basic life support.
2.21 Employee means a member of the bargaining unit, unless the context
specifically requires a different meaning.
2.22 Employee organization means Professional Firefighters of Monroe
County, Local 3909, International Association of Firefighters.
2.23 Employer means Monroe County, Florida.
2.24 Fire Apparatus, also referred to as Engine Apparatus or Engine means a
vehicle of 10,000 Ib (4540 kg) or greater gross vehicle weight rating (CVWR)
used for fire suppression or support, in accordance with the definitions and
standards in National Fire Protection Association Standard 1901.
2.25 Firefighter means any person employed by Monroe County and whose
primary responsibility is the prevention and extinguishment of fires, and the
protection and saving of life and property. The term includes firefighter
employee as defined in Section 633.802(3), Florida Statutes, and firefighter as
defined in Section 112.81(1), Florida Statutes, and Section 633.30(1), Florida
Statutes.
2.26 Florida Firefighters Occupational Safety and Health Act, or FFOSHA
means the provisions of Sections 633.801 through 633.821, Florida Statutes.
2.27 Formal Investigation means the process of investigation ordered by
supervisory personnel, after the supervisory personnel have previously
determined that the firefighter shall be reprimanded, suspended, or removed,
during which the questioning of the firefighter is conducted for the purpose of
gathering evidence of misconduct.
2.28 Grievance means a complaint, dispute, or controversy in which it is
claimed that the Union, the County, or a County employee has failed in an
obligation under this Agreement, which involves the meaning, interpretation, or
application of this Agreement, and where the grievant, the Union or the County
believes that rules have been misapplied or violated.
2.29 Holiday means a day, beginning at 12:01 A.M. and ending twenty-four
(24) hours later, which the County has recognized in its ordinances, resolutions,
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DRAFT 12/07/05
policies and procedures as a day on which most county offices are usually
closed. The County recognizes the following days to be holidays: New Year's
Day, Presidents Day, Martin Luther King's Birthday, Good Friday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving
Day, Thanksgiving Friday, Christmas Day.
2.30 Informal Inquiry means a meeting by supervisory or management
personnel with a firefighter about whom an allegation of misconduct has come
to the attention of such supervisory or management personnel, the purpose of
which meeting is to mediate a complaint or discuss the facts to determine
whether a formal investigation should be commenced.
2.31 Interrogation means the questioning of a firefighter by an employing
agency in connection with a formal investigation or an administrative
proceeding but not shall not include arbitration or civil service proceedings.
Questioning pursuant to an informal inquiry shall not be deemed to be an
interrogation.
2.32 Ladder Truck Apparatus or Ladder Truck means any fire apparatus
equipped with a power operated ladder, tower, platform, or articulating device
whose primary purpose is to provide firefighters with access to levels of height
beyond the reach of manually-raised ladders.
2.33 Legislative body, as generally defined in Section 447.203, Florida
Statutes, means the Board of County Commissioners of Monroe County.
2.34 Membership dues deduction means the amount established by the
Union to be paid on a monthly basis by Union members as and for the privilege
of belonging to the Union, and which amount has been agreed by the Union
member to be deducted by the County from the Union member's salary and
wages and paid by the County directly to the Union. Such deductions shall not
include initiation fees, special assessments, or other charges which may be
imposed from time to time by the Union.
2.35 Mutual aid agreement means a written agreement between two or
more entities whereby the signing parties agree to lend aid to one another
under conditions specified in the agreement and as sanctioned by the County.
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2.36 Paramedic means a person who is certified by the Florida Department of
Health to perform basic and advanced life support.
2.37 Pay Period means a two-week period commencing at 12:01 A.M.
Sunday through 12:00 Midnight Saturday.
2.38 PERC means the Florida Public Employees Relations Commission.
2.39 Picketing means attendance by one or more Union members outside of
a County facility or worksite during, and in support of, (1) a strike, work
stoppage or work slowdown, or (2) in connection with a concerted failure or
refusal to perform work lawfully assigned to Union members, when such
attendance is designed, intended, or has the effect of harassing, coercing, or
intimidating any County employee to refuse to perform lawfully assigned duties
or to take a course of action in violation of this Agreement or any federal, state,
or local law.
2.40 Pumper, also referred to as Engine, means a piece of fire apparatus
with a permanently mounted fire pump that has a rated discharge capacity of
750 gpm (2850 Lfmin) or greater, water tank, and hose body as defined in
National Fire Protection Association Standard 1901.
2.41 Rescue Apparatus or Rescue Vehicle means any vehicle whose
primary function is to carry equipment and manpower designed to facilitate the
rescue of trapped or endangered persons from unusual circumstances, including
automobile accidents, cave-ins, fires, building collapses, and other serious
bodily injury or life-threatening situations.
2.42 Shift means a period commencing at 8:00 A.M. and ending twenty-four
hours later at 8:00 A.M.
2.43 Strike shall have the same definition as that contained in Section
447.203, Florida Statutes.
2.44 Supplemental Compensation means the compensation to be paid to
firefighters pursuant to the provisions of Section 633.382, Florida Statutes.
2.45 Temporarily, for purposes of Section 1.2.5, means a period of time not
to exceed nine months, unless otherwise agreed to in writing by the County and
the Union.
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2.46 Vacancy means an open position resulting from the creation of a new
position, voluntary or involuntary termination, retirement, death, promotion, or
demotion. A vacancy is not created as a result of a reduction in force,
temporary assignment or transfer, or temporary appointment.
2.47 Volunteer means a person who, of his or her own free will, provides
goods or services to Monroe County government without receiving monetary or
material compensation from Monroe County. The recruitment and use of
volunteers will be generally pursuant to the provisions of Sections 125.9501
through 125.9506, Florida Statutes.
2.48 Week means a consecutive period of seven days, the first day of which
commences on Sunday at 12:01 A.M. and the last day of which ends on the
following Saturday at 12:00 Midnight.
2.49 Workdays means Monday through Friday, excluding holidays, except
where otherwise specifically defined in this Agreement.
2.50 Work Cycle means the 27-day period used for purposes of calculating
and crediting or paying overtime in accordance with the general principles of
the Fair Labor Standards Act.
2.51 Workweek means, for salary purposes, seven consecutive days,
commencing on Sunday at 12:01 A.M. and ending the following Saturday at
12:00 Midnight.
ARTICLE 3: UNION RIGHTS AND RESPONSIBILITIES
3.1 Dues and Uniform Assessments. Section 447.303, Florida Statutes,
gives the right to the Union to have its dues and uniform assessments deducted
and collected by the County from the salaries of those employees who authorize
the deduction of said dues and assessments. There are no uniform
assessments covered under this contract.
3.1.1 Dues and Assessment Deductions. The County agrees to
deduct from the each unit member's bi-weekly salary the dues and uniform
assessments for which (1) the amounts have been certified in writing to be
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current and correct by the Treasurer of the Union and (2) which amounts have
been specifically authorized in writing by the unit member to be deducted.
Deductions shall be taken from the the bi-weekly salary of the member which is
two pay periods after receipt of the deduction authorization, and shall be
deducted from each pay period thereafter.
1 3.1.2 Discontinuance of Deduction. The unit member may elect to
2 revoke his or her authorization to deduct union dues and assessments from his
3 or her salary. The County shall cease to make such deductions during the pay
4 period which is thirty (30) days immediately after receipt of the revocation in
5 writing from the unit member. The County shall continue the deductions only
6 so long as the employee has enough net salary after all other deductions to
7 cover such deductions, and the County shall not be held responsible for a
8 refund to the employee if the employee has duplicated a deduction by direct
9 payment to the Union. The County shall have no liability to the employee or
10 the Union for the dues and uniform assessments deducted from the employee's
11 salary.
12 3.1.3 Countv Not Involved in Collection of Fines, Penalties, or
13 Soecial Assessments. The County, as a public employer, is expressly
14 prohibited by Section 447.303, Florida Statutes, from being involved in the
15 collection of any fine, penalty or special assessment charged against a unit
16 member.
17 3.1.4 Remittance To Union. The County shall remit to the Union by
18 County check or warrant the total amount of union dues and uniform
19 assessments deducted by the County from the unit members' salaries. Such
20 remittance shall be forwarded to the Union at the same time as employee
21 salary checks or warrants are sent to County employees. In lieu of receiving a
22 check, the Union can elect to have the County make a direct deposit in a Union-
23 specified institutional account within the geographical limits of Monroe County
24 and with an institution with which the County has a current direct deposit
25 ag reement.
26 3.1.5 Countv's Costs. The Union and County agree that the County
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1 shall receive an annual fee of fifty dollars ($50) on October 1st of each year of
2 this contract as the County's reasonable costs for handling the deductions
3 made from unit members' salaries.
4 3.1.6 Current Unit Member Roster. The Union shall have the
5 responsibility for keeping the County informed on a timely basis of those
6 employees of the County who are unit members and from whose salaries
7 deductions are to be made.
8 3.1.7 Union to Indemnify and Hold County Harmless. The Union
9 agrees to indemnify and hold the County harmless against any and all claims,
10 suits or other forms of liability arising out of the deduction from an employee's
11 salary any Union dues or uniform assessments. The Union assumes full
12 responsibility for the disposition of the deduction once it has been remitted by
13 the County and received by the Union.
3.1.8 Reliaious Exemotions. If an employee objects to deductions on
bona fide religious tenets or teachings of a church or religious body of which
such employee is a member, the employee may inform the County and the
Union of the objection. The employee and the Union will establish a satisfactory
arrangement for distribution of an amount of money equivalent to the dues and
uniform assessments to a non-religious charity by the employee.
3.2 Riahts of Members and Non-Members.
3.2.1 No County Discrimination. The Union and County agree that
any employee is free to join and assist the Union without fear of retaliation of
any kind. No County officer, employee, representative, or agent shall interfere
with, restrain, coerce or intimidate an employee in the exercise of the
employee=s right to join or refrain from joining the Union. No County officer or
supervisor shall discriminate against any employee with regard to employment,
or the terms and conditions of employment (including but not limited to
promotions) because the employee has formed, joined, or chosen to be
represented by the Union or because the employee has given testimony or
taken part in any grievance procedure or other hearing, negotiation or any
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other form of legal activity on behalf of the Union.
3.2.2 No Union Interference. The Union and County agree that all
employees shall have the same right to refrain from membership in the Union.
The Union agrees that it will not interfere with, coerce, or intimidate any
employee into joining the Union and that every employee has the right to
choose of his or her own free will whether he or she will or will not join the
Union. The Union further agrees that there will be no interference with the free
right of any employee or member of the public to enter and leave work sites
and property of the County unmolested, unthreatened, and unintimidated.
3.2.3 Claims of Discrimination or Interference. Any claim of
discrimination or interference in violation of Section 3.2.1 or 3.2.2 shall be
asserted exclusively through the Florida Public Employees Relations
Commission, not through the grievance-arbitration procedures of this
Ag reement.
3.3 Union Business.
3.3.1 Union Business Meetinas. Employees elected or appointed to
represent the Union shall be allowed to use County facilities to conduct regular
and special business meetings of the Union. The use of such facilities shall be
coordinated with, and approved by, the County Fire Chief. Such meetings shall
be scheduled at times and locations which will not unduly interfere with the
County's fire/rescue operations or result in a violation of the minimum staffing
requirements of any fire/rescue facility. Attendance at the meetings by the
Union representatives who are on duty shall be at no loss of pay for the Union
representative during the actual time of attendance and for travel time to and
from the meeting. The time spent by all on-duty Union members traveling to,
from, and attending Union business meetings shall be deducted from the Union
pool hours provided for in Section 3.5.
3.3.2 Union Reoresentative for Grievance. Any unit member
desiring to file a grievance pursuant to this Agreement, shall have the right to
meet with one (1) Union representative to discuss the member's potential
grievance. The County agrees to permit the member and the Union
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representative to meet briefly during work hours concerning a potential
grievance, provided the member and Union representative have the permission
of each's immediate supervisor, and further provided that the meeting does not
disrupt or interfere with current fire/rescue operations or result in less than
minimum staffing. The Union agrees that this privilege shall not be utilized to
prepare formal grievances during work hours but is to be used to simply and
briefly consult with the member and/or a supervisor in order to avoid the
necessity of processing a formal grievance or to consult with the member to set
an appointment for after working hours to prepare a legitimate grievance.
3.3.3 National and State Association Meetinas.
3.3.3.1 National Meetinas. The County agrees that members of
the bargaining unit shall be allowed to attend one nationally recognized
professional association related to the fire/rescue services professions during
the County's fiscal year. The time spent by a unit member away from the
member's regularly scheduled duties while traveling to, from, and attending
such meetings shall be deducted from the Union pool hours provided for in
Section 3.5.
3.3.3.2 State Meetinas. The County agrees that members of the
bargaining unit shall be allowed to attend one Florida state recognized
professional association related to the fire/rescue services professions during
the County's fiscal year. The representatives shall be entitled to
reimbursement for travel, meals, and lodging in accordance with County
policies and procedures. The time spent by a unit member away from the
member's regularly scheduled duties while traveling to, from, and attending
such meetings shall be deducted from the Union pool hours provided for in
Section 3.5.
3.4 Collective Baraainina Leave For Union Neaotiatina Team. The
County and Union agree that the Union Negotiating Team shall consist of three
(3) members (regular negotiating team), selected by the Union. The Union
may designate up to three (3) additional members (additional negotiating
team) to provide representation during negotiations, but such additional
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members' representation at, and involvement in negotiations, shall not be at
the expense of the County. The time spent by a regular negotiating team unit
member away from the member's regularly scheduled duties while traveling to,
from, and attending such negotiations shall be deducted from the Union pool
hours provided for in Section 3.5.
3.5 Union Pool Hours.
3.5.1 Allocation of Hours. In each fiscal year covered by this
Agreement, the County shall allocate a number of hours to be used by unit
members to attend national and state association meetings, collective
bargaining sessions, and other Union-related activities. A total of two hundred
forty (240) hours is allocated by the County for use during the first fiscal year
of this Agreement; a total of three hundred twenty (320) hours is allocated by
the County for use during the second fiscal year of this Agreement; and a total
of four hundred eighty (480) hours is allocated by the County for use during the
third fiscal year of this Agreement.
3.5.2 Use and Forfeiture of Hours. Only actual hours approved by the
County Fire Chief for use prior to September 30th of a fiscal year shall be
counted against the allocated hours for that fiscal year. Hours not approved
and used shall be forfeited and not carried forward for use in any subsequent
fiscal year.
3.5.3 Reauest For Use of Union Pool Hours. Request for use of Union
pool hours shall be submitted in writing on a form to be provided by the
County. The unit member requesting to use Union pool hours shall obtain
written approval from the Union president, vice-president, or secretary prior to
submitting the request to the County Fire Chief. Such approval shall be
indicated on the request form. One form shall be submitted for each Union
member for each pay period in which Union pool hours are to be used.
3.5.4 Submittina Reauests. Request forms shall be submitted to the
County Fire Chief so as to be received by the County Fire Chief at least seventy-
two (72) hours prior to the date and time the Union member is requesting to be
relieved from operational duties in order to use Union pool hours. Request
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forms which are not complete when submitted to the County Fire Chief shall be
returned to the Union member without further review or action by the County
Fire Chief.
3.5.5 Resoonsibility of County Fire Chief. The County Fire Chief shall
be responsible for tracking and monitoring availability and use of Union pool
hours, and for final approval of Union member requests for use of Union Pool
hours. Requests for use of Union pool hours which are disapproved by the
County Fire Chief may be appealed by the Union member, and such appeal
shall be considered and processed as a grievance under the applicable
provisions of this Agreement.
3.5 Names of Union Reoresentatives. The Union President shall
provide to the County Fire Chief a written list of the names, duty locations,
addresses, and telephone numbers of the Union officers and negotiating team
members, both regular and supplemental, within fifteen (15) days of the
effective date of this Agreement, and shall update the list in writing within
fifteen (15) days of any change.
3.6 Bulletin Boards. The Union shall have the right to install and maintain at
the Union's cost a bulletin board at each County facility to which Union
members are assigned to perform services. The size, composition, and location
of the bulletin boards shall be mutually agreed to by the Union and the County.
Posted materials shall be subject to review and approval by the County Fire
Chief; shall contain on its face the legible name of the person responsible for
placing the material on the bulletin board; shall not contain anything of a
derogatory or adverse nature concerning the County or its employees or
agents, or contain anything which is in violation of this Agreement; and all
materials shall be dated and bear the signature of the Union president or his or
her designated representative. Materials placed on a bulletin board in violation
of this section shall subject the employee to disciplinary proceedings.
3.7 Printina and Distribution of Aareement. The County will, at no cost to
the Union, print one copy of this Agreement for distribution to each facility at
which employees covered by this Agreement are assigned for duty; one original
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copy to the Union; and one copy to each library facility in Monroe County.
ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES.
4.1 Disciolinary Standard. The County and Union agree that no employee
who has attained career status with the County shall be discharged, demoted,
or otherwise disciplined in a manner which would result in a loss of pay, except
for just cause.
4.2 Probationary Period. All new and newly-promoted employees shall
serve a probationary period. The probationary period shall be considered the
last step in the selection or promotion process, and the purpose of the
probationary period is to allow management to observe and appraise the
conduct, performance, attitude, adaptability and job knowledge of the
employee and to assist the County in determining the qualifications of the
employee for the position to which the employee has been assigned or
promoted.
4.3 Duration of Probation. The probationary period for new employees and
newly-promoted employees shall be twelve (12) months. The probationary
period may be extended (a) for unsatisfactory performance or (b) if the
employee has been absent from his or her regularly assigned duties for a total
of four hundred eighty (480) hours or more due to any cause except in-service
training authorized by the County. Extended probationary periods shall be not
less than three (3) months nor more than twelve (12) months. The
determination of whether the probationary period for any employee should be
extended shall be at the sole discretion of the County, and such determination
shall not be grievable.
4.4 Reiection of Probationary Emoloyee. Any employee who is in
probationary status as a new employee may be dismissed from employment
without cause or explanation, without right of appeal, and without recourse to
the grievance procedures established by this Agreement. Any employee who is
in probationary status as a newly-promoted employee may be demoted to the
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classification held immediately prior to the promotion, and such demotion shall
be without cause or explanation, without right of appeal, without recourse to
the grievance-arbitration procedures established by this Agreement, and
without recourse to Career Service Act procedures.
4.5 Prooosed Discioline and Pre-Determination Hearina. Any proposed
discipline of a non-probationary employee subject to this Agreement which
would result in a suspension without pay, termination of employment,
demotion, or a reduction in base salary, shall require a pre-determination
hearing. The pre-determination hearing shall be held and conducted in
accordance with the provisions of the Monroe County Policies And Procedures,
Section 9.11, provided such procedures are consistent with the following
provisions:
4.5.1 Procedure. Whenever a firefighter is subjected to an
interrogation, such interrogation shall be conducted as follows.
4.5.1.1 Location. The interrogation shall take place at the facility
where the investigating officer is assigned, or at the facility which has
jurisdiction over the place where the incident under investigation allegedly
occurred, as designated by the investigating officer.
4.5.1.2 Written Notice. No firefighter shall be subjected to
interrogation without first receiving written notice of sufficient detail of the
investigation in order to reasonably apprise the firefighter of the nature of the
investigation. The firefighter shall be informed beforehand of the names of all
complainants.
4.5.1.3 Time. All interrogations shall be conducted at a
reasonable time of day, preferably when the firefighter is on duty, unless the
importance of the interrogation or investigation is of such a nature that
immediate action is required.
4.5.1.4 Persons Present. The firefighter under investigation
shall be informed of the name, rank, and unit or command of the officer in
charge of the investigation, the interrogators, and all persons present during
any interrogation.
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4.5.1.5 Sessions. Interrogation sessions shall be of reasonable
duration and the firefighter shall be permitted reasonable periods for rest and
personal necessities.
4.5.1.6 Conduct. The firefighter being interrogated shall not be
subjected to offensive language or offered any incentive as an inducement to
answer any questions.
4.5.1.7 Record. A complete record of any interrogation shall be
made, and if a transcript of such interrogation is made, the firefighter under
investigation shall be entitled to a copy without charge. Such record may be
electronically recorded.
4.5.1.8 Reoresentation. An employee or officer of the County
may represent the County, and the Union may represent any member of the
bargaining unit desiring such representation in any proceeding in which an
interrogation is to take place. The presence of a representative of the Union
during interrogations shall be permitted if the bargaining unit member to be
interrogated so requests.
4.5.2 Aoolication. The procedures in 4.5.1 shall be applicable only to a
formal investigation of a bargaining unit member and shall not apply to an
informal inquiry involving the member.
4.6 Emeraency Susoension or Transfer. In a situation where the County
Administrator or his or her designee reasonably determines that an emergency
exists which could be harmful to the health, safety, or welfare of any person,
and that an employee should be temporarily suspended from duty not to
exceed a ninety (90) day term or transferred to another duty assignment
pending scheduling a pre-determination hearing, the County Administrator or
his or her designee shall immediately notify the Union president and the
employee of such determination, and shall immediately document that
determination in writing to the employee and provide the Union president with
a copy.
ARTICLE 5: GRIEVANCE PROCEDURE
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5.1 Puroose. Grievance procedures are provided to (a) promote improved
employer-employee relations by establishing procedures for resolution of issues
for which appeal or hearing is not provided for elsewhere in this Agreement; (b)
afford employees, individually or through the Union, a systematic means of
obtaining further considerations of problems after every other reasonable effort
to resolve them through discussion has failed; (c) provide for settlement of
issues as near as possible to the point of origin; and (d) to provide that issues
shall be heard and settled as informally as possible. Any complaint, grievance
or dispute arising under and during the term of this Agreement involving
questions of the interpretation or application of any provision of this Agreement
shall be processed through the grievance-arbitration procedure of this
Agreement, except that claims of unlawful discrimination or retaliation shall not
be processed through this grievance-arbitration procedure. In addition, the
Union, on behalf of bargaining unit members, expressly waives the right of any
bargaining unit member to utilize the procedures of the Career Service Council
Act concerning any matter covered by this Agreement, including but not limited
to claims of improper disciplinary actions and adverse actions such as transfers,
demotions, suspensions or terminations. Bargaining unit members must
submit any such disputes to the grievance-arbitration procedure herein, with
the exception of claims of unlawful discrimination or unlawful retaliation, which
must be submitted through procedures established by laws prohibiting
discrimination or retaliation in employment.
5.2 Exclusive Proceedina. A grievant initiating and utilizing the procedures
set forth in this Article is precluded by law from availing himself or herself of
any procedures or remedies provided through any unfair labor procedure or the
County=s career service law.
5.3 Initiation of Grievance. All grievances initiated under this Agreement
shall be in writing and shall, as a minimum, contain (i) a statement, as
complete as possible under the circumstances, of the grievance and the facts
upon which it is based, including the dates, times, locations, names of
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witnesses, and other information appropriate to the grievance; (ii) the section
or sections of this Agreement claimed by the grievant to have been violated;
and (iii) the remedy or corrective action requested by the grievant. If a
grievance form has been adopted by the County, that form shall be utilized in
initiating and submitting a grievance.
5.4 Grievance Steos. The County and Union agree that all grievances should
be dealt with promptly and efficiently, and every reasonable effort must be
made to settle a grievance as close to the source as possible.
5.4.1 Steo One. Within fifteen (15) calendar days of the incident being
grieved, the Union or the affected employee may, in the presence of a Union
representative, submit a grievance in writing through the Union to the
employee=s immediate supervisor.
5.4.1.1 Immediate Suoervisor. The original copy of the
completed form shall be delivered to the employee's immediate supervisor, and
a copy shall be delivered to the Union representative. The immediate
supervisor shall attempt to resolve the grievance at that time by attempting to
fully discuss the matter with the employee in a fair and equitable manner and
in accordance with the established policy of the County. The immediate
supervisor=s decision shall be rendered in writing within seven (7) work days of
receipt of the grievance.
5.4.1.2 Aareed Resolution. If the employee agrees with the
decision of the immediate supervisor, he or she or the Union shall sign the
Grievance Form acknowledging his or her agreement, and the original, signed
form shall be submitted to the Human Resources Director for placement with
the employees employment records. No further action on the part of the
County shall be required.
5.4.1.3 No Resolution. If the employee does not agree with the
decision of the immediate supervisor, he or she shall sign the original Grievance
Form acknowledging his or her disagreement and immediately notify the Union
in writing. The original, signed form shall be submitted by the employee to the
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Fire Chief within seven (7) work days of the decision of the immediate
supervisor.
5.4.2 Steo Two. The Fire Chief or authorized agent shall make such
inquiry concerning the grievance as he or she shall deem appropriate, and shall
render a written decision within seven (7) work days of receipt of the
immediate supervisor's decision.
5.4.2.1 Aareed Resolution. If the employee agrees with
the decision of the Fire Chief or Fire Chief's authorized agent, he or she shall
sign the Grievance Form acknowledging his or her agreement, and the original,
signed form shall be submitted to the Human Resources Director for placement
with the employees employment records. No further action on the part of the
County shall be required.
5.4.2.2 No Resolution. If the employee does not agree
with the decision of the Fire Chief or the authorized agent, he or she shall sig n
the original Grievance Form acknowledging his or her disagreement, and
immediately notify the Union in writing. The original, signed form shall be
submitted by the employee to the County Administrator within seven (7) work
days of the decision by the Fire Chief or authorized agent.
5.4.3 Steo Three. The County Administrator or his or her
authorized agent shall make such inquiry concerning the grievance as he or she
shall deem appropriate, and shall render a written decision within ten (10) work
days of receipt of the Fire Chief's, or Fire Chief's authorized agent=s, decision.
5.4.3.1 Aareed Resolution. If the employee agrees with
the decision of the County Administrator, he or she shall sign the Grievance
Form acknowledging his or her agreement, and the original, signed form shall
be submitted to the Human Resources Director for placement with the
employees employment records. No further action on the part of the County
shall be required.
5.4.3.2 No Resolution. If the employee does not agree
with the decision of the County Administrator or his or her authorized agent,
the employee shall sign the original Grievance Form acknowledging his or her
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disagreement, and the original, signed form shall be submitted by the
employee to the Human Resources Director within seven (7) work days from
the date of the decision by the County Administrator or his or her authorized
agent. The employee shall also submit a copy of the Grievance form to the
Union, and the Union may initiate proceedings with the Federal Mediation and
Conciliation Services (FMCS) as provided for in Section 5.11 of this Article.
5.5 Immediate Disoute Resolution. If a dispute involves the interpretation
or application of this Agreement that has an imminent, substantial effect on the
Union itself or upon five (5) or more Union members, either the County or the
Union may request waiver of Step 1 and Step 2 in the grievance procedure,
whereupon both the County and Union will proceed to immediate discussions at
Step 3. Such discussions shall commence within twenty-four (24) hours, during
a work week, after notification to the other party and shall continue for not
more than seven (7) work days. If the dispute is not resolved during this time
frame, the Union may initiate proceedings with the Federal Mediation and
Conciliation Services (FMCS) as provided in Section 5.11 of this Article.
5.6 Extension of Time. At any stage during the grievance process, the
County and the Union may mutually agree to extend the time limits specified in
the grievance procedure. In computing time limits under this Article,
Saturdays, Sundays, and Holidays shall not be counted. For purposes of this
Article, the Term "working days" or work day is defined as Monday through
Friday, and each day thereof.
5.7 Timeliness. Unless otherwise mutually agreed to in writing by the County
and the Union, a grievance not advanced to the next step in the grievance
procedure shall be deemed to have been permanently withdrawn and as having
been settled on the basis of the decision most recently given. Failure of the
County's representative to answer within the time limit set forth in any step of
the procedure, unless an extension of time has been mutually agreed to in
writing by the Union and the County, will entitle the grievant to proceed to the
next step.
5.8 Consolidation of Grievances. Either the County or the Union may
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consolidate at any step grievances on similar issues or disputes.
5.9 Emoloyee's Reoresentative. The County and Union agree that nothing
in this Agreement shall be construed to prevent any public employee from
presenting, at any time, his or her own grievance in person to the County and
having such grievance resolved without the intervention of the Union, provided
that the resolution is not inconsistent with the provisions of this Agreement.
The Union will be given reasonable opportunity to have a representative
present, for observation purposes only, at any meeting called for the resolution
of the grievance. No grievant shall have the right to initiate proceedings with
the Federal Mediation and Conciliation Services, as this right is reserved
exclusively to the Union.
5.10 Grievance Not To Be Heard Outside Of Procedures. The Union and
County agree that no County Commissioner nor the County Administrator shall
be approached, contacted, notified either verbally or in writing, or otherwise
apprised of the pendency of a grievance by the grievant, Union officer, Union
member, or employee covered by the Union as bargaining agent, when the
purpose is to have the County Commissioner or the County Administrator
intervene in the grievance proceeding at any level. Upon due proof of a
violation of this provision, the individual or individuals determined to have
committed the violation shall be disciplined. Nothing in this Section 5.10 shall
be interpreted, applied, or deemed to be applied in such a way as to interfere
with, limit, or otherwise abridge any employee's right to freedom of speech as
such right is defined or interpreted by the federal or Florida constitution or
federal or state law.
5.11 Federal Mediation And Conciliation Service Arbitration (FMCS).
5.11.1 Intent To Proceed. The determination to proceed under this
Section shall be only by the Union or the County. Within seven (7) working
days after the decision by the County Administrator or his designee as provided
for in Section 5.4.3.2, or pursuant to Section 5.5, either the County or the
Union shall announce its intention to proceed to arbitration by providing the
other party with a copy of the FMCS Form requesting appointment of
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arbitrators.
5.11.2 Selection of Arbitrator. Selection of an arbitrator will take
place according to the rules and procedures of the Federal Mediation and
Conciliation Service. As promptly as possible after the arbitrator has been
selected, the arbitrator shall conduct a hearing between the parties and
consider the subject matter of the grievance. The arbitrator will be requested to
serve his decision upon the County and the Union within 30 days of the close of
the hearing.
5.11.3 Payment of Exoenses. The expenses of the arbitrator shall be
paid by the party losing the award. If a grievance presents more than one (1)
issue, or if the arbitrator splits an award between the parties, the arbitrator in
the award shall decide the division of the arbitrator's fee.
5.11.4 Party=s Costs. Each party shall be exclusively responsible for
compensating its own representative(s) and witnesses. If a court reporter or
verbatim record of the proceeding is desired, and the County and the Union do
not otherwise agree in writing, the expenses of the reporter and the cost of the
transcript shall be paid by the party requesting such reporter or transcript.
5.11.5 Limitation on Arbitrator. The power and authority of the
arbitrator shall be strictly limited to determination and interpretation of the
express terms of this Agreement, and the arbitrator shall not have the power to
add to, subtract from, modify, or alter the express terms of this Agreement.
The decision of the arbitrator is final and binding on both parties. No decision of
any arbitrator or of the county in one instance shall create a basis for
retroactive adjustments with reference to any prior occurrences not a part of
the grievance, unless otherwise agreed by both parties.
5.11.6 Limitation on Back Waaes. All awards for back wages shall be
limited to the amount of wages, benefits and seniority that the grievant
otherwise would have earned from the County, less any unemployment
compensation and other sums received either directly or indirectly through the
County during the period for which back pay was awarded.
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ARTICLE 6: SENIORITY, LAYOFFS, RECALL.
6.1 Seniority Aoolication. Classification seniority shall be used for
determining station assignments, as appropriate and consistent with the
County's management rights. Department seniority shall be used for resolving
all other issues concerning seniority, as appropriate and consistent with the
County's management rights.
6.2 Seniority Determination. Classification seniority for employees within
the same classification or rank shall be based upon the individual employee's
last date of permanent hire. Department seniority for employees having the
same date of permanent hire shall be based upon the longer time in
classification, e.g. when two or more employees have the same last date of
permanent hire, their relative seniority shall be determined first by their time in
the highest attained classification or rank, and if this factor is equal for the
employees involved, then their relative seniority shall be determined by lot.
6.3 Loss of Seniority. An employee shall lose his or her status as an
employee and his or her classification seniority, rank, and department seniority
if:
6.3.1 Resians or Ouits. The employee resigns or quits.
6.3.2 Discharaed. The employee is discharged for just cause.
6.3.3 Retirement. The employee retires and ceases to perform any
services for the County. Enrolling into the Florida Deferred Retirement Option
Plan (DROP) shall not be considered a retirement.
6.3.4 Lay Off. The employee has been laid off for a period of time equal
to his or her department seniority at the time of the employee=s layoff, or one
(1) year, whichever is the lesser period of time.
6.4 Layoffs.
6.4.1 Order of Layoffs. At such time or times as the County may
determine it is necessary to reduce the work force of the employees
represented by the Union, the layoff of employees shall occur in the following
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order and in accordance with department seniority:
6.4.1.1 First Level. Temporary, part-time, trainee, and seasonal
employees shall be the first level of staffing to be laid off.
6.4.1.2 Second Level. Probationary hires and non-permanent
full-time employees shall be the second level of staffing to be laid off.
6.4.1.3 Third Level. Full-time permanent employees shall be the
third level of staffing to be laid off.
6.4.2 Permanent Emoloyee Layoffs.
6.4.2.1 Basis. Permanent employees shall be laid off on the basis
of their seniority classification within the classification or rank.
6.4.2.2 Manaaement Riaht. Classifications or ranks to be
reduced in number of employees through layoffs shall be determined by the
County in the exercise of its management rights.
6.4.3 Bumoina Riahts.
6.4.3.1 Within Deoartment. Employees who are represented by
the Union and who are properly laid off shall not have bumping rights to any
other department or division of the County.
6.4.3.2 Union Positions Exclusive. Employees who are laid off
from any other department or division of the County shall not have bumping
rights to any position represented by the Union.
6.4.3.3 Rankina Order. For purposes of bumping rights within class
title of employees covered by this Agreement, the last employee hired is the
first employee out.
6.4.3.4 Bumoina Down. When ;:m employee Jbo\/e the rJnk or
c1JssificJtion of Airport Rescue Firefighter is notified he or she is to be IJid off,
he or she shJII hJve the right to bump do'.vn to the next 1O'v\'er rJnk. If the
employee elects to bump do'y'm, the leJst senior employee in seniority
classification in the next lowest rank shall either be laid off or have the right to
bump do'y'm, Jnd this procedure shJII be followed on do.....n until the leJst senior
employee in seniority c1JssificJtion hJS been reJched, Jnd this person shJII be
IJid off. To be agreed upon and added when agreed to.
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DRAFT 12/07/05
6.4.4 Notice of Layoffs. Upon the determination of the intent to
reorganize staffing levels resulting in one or more employee layoffs, the County
Administrator shall advise the Union president of the determination in writing as
soon as practical. Any employee identified to be laid off shall be notified in
writing of the reason or reasons for the layoff and the effective date of the
layoff. Such written notice shall be given to the employee at least sixty (60)
days prior to the effective date of the layoff. The notice shall be considered
delivered as of the day it is hand-delivered to the employee or as of the day it
is placed in the United States Mail, postage prepaid, and addressed to the
employee=s address as shown current in the employee=s personnel file.
6.4.5 Recall. The County shall establish a two (2) year rehire list when
any layoff occurs. Such list shall contain the name and classification or rank of
the employees who were laid off, with the names listed in order of seniority
within the classification or rank. No person who is not on the rehire list may be
hired until the rehire list is exhausted.
6.4.6 Rehire. When rehire occurs, the County shall refill the job within
each classification or rank with the qualified individual who is next on the recall
seniority list. Should no qualified individual on the rehire list accept the rehire
offer, the County shall be free to hire any qualified individual in accordance with
County hiring policies. Rehire notices shall be sent by certified mail, return
receipt request, to the listed employee, allowing seven (7) calendar days after
receipt for acceptance or rejection of the rehire offer.
6.4.7 Rehire Oualifications. Any person laid off and subsequently
rehired within six months of the date of layoff shall be considered to be
qualified for the classification or rank to which rehired, provided any
certification for the position required by the State of Florida is in full force and
effect. Individuals who are rehired after six months of layoff shall be required
to successfully pass a position-related medical examination and show
compliance with all State of Florida certification requirements.
ARTICLE 7: CERTIFICATION, STANDARDS, AND TRAINING
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DRAFT 12/07/05
7.1 Firefiahters. The County-s gOJI is to employ indi\/iduJls to perform
firefighting duties .....ho possess J current, \/Jlid minimum stJndJrds certificJte of
compliJnce issued to thJt indi\/iduJI in JccordJnce with the pro'.:isions of
Section 633.34 Jnd Section 633.35, FloridJ StJtutes, Jnd JpplicJble pro'.:isions
of the FloridJ AdministrJtive Code.
7.1.1 Fircfiahtcr Trainccs. The County mJY, on J CJse by CJse bJsis,
temporJrily employ In individuJI to perform firefighting duties .....ho does not
possess the minimum stJndJrds certificJte of compliJnce. Such indi'.:iduJI shJII
be c1Jssified JS J AtrJinee-@, Jnd shJII be pJid J bJse sJIJry equJI to ninety
percent (90%) of the bJse sJIJry of In entry 1e-.:e1 firefighter/E~4T.
7.1.2 TcmDOrar-y- EmDlo-ymcnt. A trJinee shJII be temporJrily
employed for J period not to exceed one yeJr. During temporJry employment,
the County mJY, but is not obligJted to, provide the opportunity for the trJinee
to Jttend J minimum stJndJrds firefighting JCJdemy Jt the County-s expense.
Upon obtJining the minimum stJndJrds certificJte of compliJnce, the trJinee
shJII become J regulJr employee, shJII be pJid Jt the bJse sJIJry rJte of In
entry level Firefighter/E~4T, Jnd shJII begin the probJtionJry period of
employment.
7.1.3 Tcrmination of EmDlo-ymcnt. The employment of J trJinee .....ho
fJils to receive the minimum stJndJrds certificJte of compliJnce shJII not be
continued beyond the one yeJr period.
7.1.4 RCDa-ymcnt Aarccmcnt. Indi'.:iduJls for whom the County
pro'.:ides the opportunity to Jttend J minimum stJndJrds firefighting JCJdemy
Jt the County-s expense shJII be required to enter into J repJyment
Jgreement. The terms Jnd conditions of the repJyment Jgreement shJII be
substJntiJlly in the form JttJched to this Agreement JS EXHIBIT C.
7.1.5 Continuina Certification Trainina. The County shall provide
those training opportunities, both on-duty and off-duty, that are sufficient to
maintain those firefighting and EMS skills certification as minimally required by
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DRAFT 12/07/05
the State of Florida and Monroe County for these positions.
7.2 Emeraency Medical Technician (EMT) Certification. Individuals
employed by Monroe County on a temporary or regular basis to perform
firefighting duties shall possess certification by the State of Florida as an
Emergency Medical Technician pursuant to the provisions of Chapter 401,
Florida Statutes, and applicable Florida Administrative Code rules. The County
shall provide those training hours, both on-duty and off-duty, that are sufficient
to maintain EMT skills certification as minimally required by the State of Florida
and Monroe County.
7.3 Paramedics. The County's ultimate goal is to provide professional fire
rescue services through the employment of firefighters who are also certified by
the State of Florida as a paramedic pursuant to the provisions of Chapter 401,
Florida Statutes, and applicable Florida Administrative Code rules.
7.3.1 Paramcdic Trainccs. The County mJY, on J CJse by CJse bJsis,
temporJrily employ In individuJI to perform firefighting duties .....ho does not
possess certificJtion JS J PJrJmedic. Such individuJI shJII be c1Jssified JS J
AtrJinee-@, Jnd shJII be pJid J bJse sJIJry equJI to ninety percent (900/6) of the
bJse sJIJry of In entry level Firefighter/PJrJmedic.
7.3.2 TcmDorarv EmDlo-.rmcnt. A trJinee shJII be temporJrily
employed for J period not to exceed one yeJr. During temporJry employment,
the County mJY, but is not obligJted to, provide the opportunity for the trJinee
to Jttend PJrJmedic trJining Jt the County-s expense. Upon obtJining
certificJtion JS J PJrJmedic, the trJinee shJII become J regulJr employee, shJII
be pJid Jt the bJse sJIJry rJte of In entry le'.:e1 FirefighterjPJrJmedic, Jnd shJII
begin the probJtionJry period of employment.
7.3.3 Tcrmination of EmDlo-..-mcnt. The employment of J trJinee .....ho
fJils to recei'.:e certificJtion JS J PJrJmed ic shJII not be continued beyond the
one yeJr period.
7.3.4 RCDa-ymcnt Aarccmcnt. IndividuJls for .....hom the County
pro'.:ides the opportunity obtJin certificJtion JS J PJrJmedic Jt the County-s
expense shJII be required to enter into J repJyment Jgreement. The terms Jnd
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DRAFT 12/07/05
conditions of the repJyment Jgreement shJII be substJntiJlly in the form
JttJched to this Agreement JS EXHIBIT C.
7.3.5 Continuina Certification Trainina. The County shall provide
those training hours, both on-duty and off-duty, that are sufficient to maintain
those paramedic and firefighting skills as minimally required by the State of
Florida and Monroe County for these positions.
7.4 Initiall"aramcdic Ccrtification For Fircfiahtcr/EMT EmDlo-...ccs.
7.4.1 Eliaibilit-.... At the discretion of the County, non probJtionJry
regulJr Unit members mJY be pro'.:ided the opportunity to become certified
under FloridJ IJW JS J pJrJmedic.
7.4.25chedulina and ADDra-.-al. The Unit member, the Union, Jnd the
County Fire Chief shJII jointly discuss Jnd Jgree in writing concerning the
timing, conditions of JttendJnce, Jnd locJtion of trJining to Jchieve PJrJmedic
certificJtion. One condition shJII include J RepJyment Agreement in
substJntiJlly the form contJined in Exhibit C. The certificJtion trJining shJII be
Jt the expense of the Cou nty.
ARTICLE 8: SALARIES AND SUPPLEMENTS
8.1 Base Salary. Base salaries and step increases for positions covered by
this Agreement are attached hereto as EXHIBIT B, and made a part of this
Agreement by reference. On October 1 of each year of this contract, each step
in the pay plan for the bargaining unit shall receive a three percent (30/0) cost
of living adjustment. Step increases are effective on bargaining unit member's
anniversary date.
8.2 State Mandated Educational Suoolement. In accordance with the
provisions of Section 633.382, Florida Statutes, and in accordance with the
provisions of Rules 69A-37.082 through 69A-37.089, Florida Administrative
Code, the County shall be responsible for, and shall pay, to eligible employees
the following amounts:
8.2.1 Associate Dearee. For employees holding an associate
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degree, the sum of $50.00 per month, not to exceed a total of $600.00 per
calendar year.
8.2.2 Bachelor Dearee. For employees holding a bachelor=s
degree, the sum of $110.00 per month, not to exceed a total of $1,320.00 per
year.
8.2.3 Dual Dearees. If an employee holds both an associate
degree and a bachelor=s degree, the employee shall receive only the
supplement for the bachelor=s degree.
8.3 Eliaibility For State Mandated Educational Suoolement. Eligibility for
the state mandated supplement shall be determined in accordance Section
633.382, Florida Statutes, and in accordance with the provisions of Rules 69A-
37.082 through 69A-37.089, Florida Administrative Code.
8.4 Base Salary. Bargaining Group Members base salary should be
compensated in a level method. Base salary should be divided by the annual
number of pay periods (26 currently). Overtime and other special pay will be
paid in accordance with County payroll procedures.
8.5 Hold-Over Time, Call Back Time, and Early Reoortina Time Salary
Suoolements.
8.5.1 Hold Over Time. Hold Over Time shall mean the work time when
an employee is required to work beyond the end of his or her regularly
scheduled work shift.
8.5.2 Call Back Time. Call Back Time shall mean the time when, after
an employee has completed his or her normal shift and has departed the work
site without any expectation of returning to work before his or her next
regularly scheduled shift, the employee has been contacted to report for work
and does in fact report for work. Call Back Time shall commence when the
employee reports to the work site and shall end when the employee completes
the work and departs from the work site. Call Back Time shall consist of a
minimum of four hours of work.
8.5.3 Early Reoortina Time. Early Reporting Time@ shall mean the
time an employee is required to report to work, for a regularly scheduled work
34
8.7.3 Designation and Training. It is the right of the County from time
to time to determine the number of positions to be designJted flight
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DRAFT 12/07/05
qUJlified, to determine the Jssignment locJtions of PJrJmedics or
FirefighterjPJrJmedics who Jre flight qUJlified, Jnd to determine
mJnning stJffing requirements for Jir JmbulJnce missions. It is the
responsibility of the indi'/iduJI PJrJmedic or FirefighterjPJrJmedic to
complete JII trJining hours required to mJintJin the designJtion JS
flight qUJlified. In the event thJt such trJining hours CJnnot be
completed during Jssigned duty shifts, the individuJI shJII be
responsible for completing the necessJry trJining hours on his or her
o.....n time Jnd Jt no cost to the County.
ARTICLE 9: EMPLOYMENT BENEFITS
9.1 Aoolicability. The benefits listed in this Article and elsewhere in this
Agreement apply only to full-time personnel unless expressly stated otherwise.
9.2. Annual (Vacation) Leave.
9.2.1 Employees whose normal duty assignments involve shift work
usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be
referred to as a A24/48 schedule@) shall earn annual leave while employed full-
time by the Cou nty.
9.2.2 An employee shall commence earning annual leave beginning with
the first day of work following employment or re-employment, provided an
entire pay period is worked.
9.2.3 An employee who has had a break in employment of 60 hours or
more shall earn annual leave, upon reinstatement or re-employment, at the
rate established for newly-hired employees.
9.2.4 An employee shall earn annual leave in accordance with the
following schedule:
9.2.4.1 During the 1st, 2nd, and 3rd years of employment, annual
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DRAFT 12/07/05
leave shall be earned at the rate of five (5) hours per pay-period, with the total
number of hours earned not to exceed one hundred thirty (130) hours in a
calendar year.
9.2.4.2 During the 4th through 10th years of employment, annual
leave shall be earned at the rate of six and one-quarter (6.25) hours per pay-
period, with the total number of hours earned not to exceed one hundred sixty-
two and one-half (162.5) hours in a calendar year.
9.2.4.3 During the 11th through 15th years of employment, annual
leave shall be earned at the rate of seven and one-half (7.5) hours per pay-
period, with the total number of hours earned not to exceed one hundred
ninety-five (195) hours in a calendar year.
9.2.4.4 During the 16th year of employment and for each year
thereafter, annual leave shall be earned at the rate of eight and three-quarters
(8.75) hours per pay-period, with the total number of hours earned not to
exceed two hundred twenty-seven and one-half (227.5) hours in a calendar
year.
9.2.5 The application, administration and interpretation of annual leave
benefits shall be in accordance with the applicable provisions of Monroe County
Administrative Procedures and any addenda thereto, as may be amended from
time to time. Any provision of the Administrative Procedures or any addenda
which is in direct conflict with any provision in this Agreement is superseded by
this Agreement to the extent of such conflict.
9.3. Sick Leave.
9.3.1 Employees whose normal duty assignments involve shift work
usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be
referred to as a 24/48 schedule) shall earn sick leave while employed full-time
by the County.
9.3.2 An employee shall commence earning sick leave beginning with
the second pay period following employment or re-employment.
9.3.3 An employee who has had a break in employment of sixty (60)
hours or more shall earn sick leave, upon reinstatement or re-employment, at
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the rate established for newly-hired employees.
9.3.4 An employee shall earn sick leave at the rate of five (5) hours per
pay-period, with the total number of hours earned not to exceed one hundred
thirty (130) hours in a calendar year.
9.3.5 An employee who has an accrued an unused sick leave balance of
more than four hundred eighty (480) as of September 30th in any year shall
have the option to either:
9.3.5.1 Receive payment for hours accrued and unused in excess
of four hundred eighty (480) hours, multiplied by the employees then current
rate of pay as of September 30th of that year; provided, however, that the total
number of hours for which payment is received shall not exceed fifty-two (52)
in any year.
9.3.5.2 Elect to have the excess hours remain as accrued and
unused, provided the employee notifies the Personnel Office by September 1st
that the employee is foregoing payment for the excess hours.
9.3.6 An eligible employee may enroll in and receive the benefits of the
Monroe County Sick Leave Pool. Enrollment procedures and rules for the
operation of the Sick Leave Pool are found in Monroe County Administrative
Instruction 4702, as amended from time to time, and these procedures and
rules shall be used in the administration of the Sick Leave Pool program.
9.3.7 The application, administration and interpretation of sick leave
benefits shall be in accordance with the applicable provisions of Monroe County
Administrative Procedures and any addenda thereto, as may be amended from
time to time. Any provision of the Administrative Procedures or any addenda
which is in direct conflict with any provision in this Agreement is superseded by
this Agreement to the extent of such conflict.
9.4. Holiday Leave.
9.4.1 The County has recognized certain days to be holidays, during
which most County offices are normally closed. The County and Union agree
that the County=s firefighting and emergency rescue services are, and shall be,
available during holidays, and that some bargaining unit members will be
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DRAFT 12/07/05
required to work during designated holiday periods.
9.4.2 The application, administration and interpretation of holiday leave
benefits shall be in accordance with the applicable provisions of Monroe County
Personnel Policies and Procedures and any addenda thereto, as may be
amended from time to time. Any provision of the Personnel Policy and
Procedures or any addenda which is in direct conflict with any provision in this
Agreement is superseded by this Agreement to the extent of such conflict.
9.5. Uniform And Personal Gear; Maintenance. The County and Union
agree that certain uniform and protective equipment shall be supplied and/or
maintained by the County under the following terms and conditions:
9.5.1 Uniforms, Initial Issuance. The County agrees to issue to each
Unit member the following uniform items:
ITEM DESCRIPTION NUMBER ISSUED
Shirt, Long Sleeve, White, w/ Two
Insig nia
Shirt, Short Sleeve, White, Two
w/Insignia
Shirt, T, w/Insignia Five
Suit, Jump, w/Insignia One
Coat, Rain One
Jacket, w/Insignia One
Pa nts Two
Shirt, Polo, Grey, w/Insignia Two
Badge One
Name Tag One
Station Shoes/Boots One Pair
9.5.2 Uniforms, Reolacement. Any uniform item which, as
determined by the County, has been destroyed, damaged beyond economical
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DRAFT 12/07/05
repair, or which is otherwise unusable or unsightly due to wear and tear shall
be replaced by the County at the County=s expense.
9.5.3 Uniforms, Maintenance. The County agrees to provide at each
work site a clothes washer and clothes dryer for use by Unit members to clean
and dry issued items of uniform clothing.
9.5.4 Uniforms, Class A. At such time as the County adopts a Class A
(Formal) uniform for fire/rescue personnel, the County shall issue one Class A
uniform to each Unit member who has been a Unit member for three or more
consecutive years of service.
9.5.4.1 The uniform shall be owned by the County, and upon
termination, other than retirement, from employment a Unit member shall
return the issued Class A uniform to the County, or shall pay to the County the
full cost of replacement of the uniform.
9.5.4.2 Any Unit member to whom a Class A uniform has been
issued, and who retires from service while still a Unit member, shall be entitled,
upon his or her request, to retain the Class A uniform as his or her property.
9.5.5 Footwear, Aooroved. The County shall have the right to
designate the type, model, and supplier of footwear (station shoes/boots) to be
worn by Unit members while performing services for the County. Only the
purchase of approved footwear shall entitle the Unit member to reimbursement
as provided below.
9.5.6 Footwear, Reimbursement. A Unit member shall be entitled to
reimbursement in an amount up to Three Hundred Dollars ($300.00) each odd-
numbered year for the purchase of approved footwear to be used by the Unit
member while performing services for the County. The Unit member shall
submit sales receipts in form suitable to the County showing the date, item
purchased, and total amount to be reimbursed, and reimbursement shall be
processed and payment made in accordance with the County=s usual practices
and procedures.
9.5.7 Footwear, Suoolier Contract. In the event that the County
enters into an agreement with any entity to be a footwear supplier to the
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DRAFT 12/07/05
County for purposes of providing footwear to Unit members, the procedures put
into place by the County pursuant to the contract shall be the approved method
for acquiring footwear by Unit members.
9.5.8 Personal Protective Gear, Issuance. The County agrees to
issue to each Unit member the following personal protective gear:
ITEM DESCRIPTION NUMBER ISSUED
Coat, Bunker One
Pants, Bunker One
Boots, Protective One Pair
Gloves, Protective One Pair
Hood, Fire Resistant One
Helmet, Fire One
Suspenders, Pants One Pair
Bag, Mask One
Mask, MSA, Complete One
Pack, Fanny One
Sleeves, Protective One Pair
Glasses, Safety One Pair
Shears, Trauma One Pair
9.5.9 Personal Protective Gear, Reolacement. Any item of personal
protective gear which, as determined by the County, has been destroyed,
damaged beyond economical repair, or which is otherwise unusable or unsightly
due to wear and tear shall be replaced by the County at the County=s expense.
9.5.10 Personal Protective Gear, Maintenance. The County agrees
to clean and repair a Unit member's items of personal protective gear at such
times as may be deemed necessary from time to time by appropriate
supervisory personnel.
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9.6. Health And Medical Coveraae. The County agrees to provide to Unit
members coverage under a Medical Insurance Plan, a Pharmaceutical Co-Pay
Plan, an Employee Assistance Plan, and make available to Unit members a
Payroll Deduction Plan for Vision and Dental Services. These plans shall be
offered under the same terms, conditions, and limitations as offered to other
County employees, as amended or changed from time to time.
9.7. Life Insurance. The County agrees to provide life insurance coverage
for each Unit member in the amount of Twenty Thousand Dollars ($20,000.00)
at no premium cost to the Unit member. Such coverage shall be of the type
provided to other County employees and shall be with such underwriter or
underwriters as the County may select from time to time.
9.8. Physical/Medical Examinations
9.8.1 The County and Union agree that, among other considerations,
eligibility of bargaining unit employees to receive certain presumptions and
entitlements relative to communicable diseases, disability, and other benefits
requires a physical/medical examination of the employee had been conducted
prior to the occurrence of the event or condition upon which the presumption or
entitlement is based. Additionally, a physical/medical examination evincing
good physical condition is required by Section 633.34, Florida Statutes, as a
pre-condition of employment as a firefighter. The County and Union further
agree that physical/medical examinations for bargaining unit employees in
addition to post-offer, pre-employment physical/medical examinations is
warranted by the nature of the bargaining unit members' duties.
9.8.2 Initial Physical/Medical Examination. The County agrees to
provide a post-offer of employment physical examination to an applicant to be
hired for a position included in the bargaining unit. The physical examination
shall be administered in accordance with applicable provisions of the Americans
with Disabilities Act (ADA) and appropriate Monroe County Personnel Policies
and Procedures and addenda thereto. The cost of the physical examination
shall be paid for by the County, and the minimal scope, content and
documentation of the physical examination shall be in accordance with the
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DRAFT 12/07/05
requirements of the Division of State Fire Marshal, Bureau of Fire Standards
and Training.
9.8.3 Periodic In-Service Physical/Medical Examination. The
County agrees to provide a physical/medical examination to each full-time
employee covered by this Agreement at such times and in such extent as
provided for in Section 2-4, Chapter 2, of Standard 1582 Edition 2000 of the
National Fire Protection Association, entitled Medical Requirements for
Firefighters and Information for Fire Department Physicians. The County will
use its good faith efforts to schedule the physical/medical examination for an
employee during the 30 days immediately prior to, or the 30 days immediately
after, the employee=s hire anniversary date; however, it shall also be the
responsibility of the employee to make appropriate notification to the County of
the need for the scheduling of the physical\medical examination. The failure of
the County to meet this general scheduling requirement for physical\medical
examinations shall not be subject to the grievance procedures provided for
elsewhere in this Agreement. The cost of the physical\medical examination
shall be paid for by the County. Failure of current (as of October 1, 2005)
employees to comply with Category A criteria will not automatically disqualify
them from their position but a decision will be made based on safety issues and
performance of the employee.
9.8.4 Soecial Incident Physical Examination. The County agrees to
provide a physical/medical examination to any full-time employee who has
been exposed to an infectious or contagious disease while in the performance of
the employee=s duties for the County. Additionally, the County agrees to
provide a physical\medical examination to a full-time employee who has been
involved in any incident while in the performance of the employee=s duties for
the County which, as generally and commonly recognized in the medical
community, would require a physical\medical examination. The performance of
such physical\medical examination shall be within a medically reasonable period
of time after the exposure or incident, and the cost of the physical\medical
examination shall be paid for by the County.
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9.8.5 Fitness For Duty Examinations. The County shall have the
right to require an employee to undergo a physical examination or mental
examination, or both, when it appears that the employee has exhibited an
action or conditions that are readily observable to a reasonable and prudent
person and which would lead such a person to reasonably believe that the
employee may not be able to fully perform his or her duties. The cost for the
examination or examinations shall be paid for by the County, the examination
or examinations shall be performed by the professional designated by the
County, and the results of the examination shall be reported in the manner
required by the County. If any applicable federal or state law shall require that
the employee who has been examined in accordance with this section provide
written consent for the release of the examination information to the County,
the employee shall provide such written consent conditioned upon the County
maintaining the confidentiality of the information received and the County shall
only release the information as required by federal or Florida law or by lawful
order issued by a court or administrative tribunal having competent authority to
issue such an order.
9.8.6 Documentation of Physical/Medical Examinations. For
physical/medical examinations administered in accordance with Sections .7.2
and .7.3 above, the documentation of the physical/medical examination shall be
provided to the County on Forms identified as Figure E-l, NFPA Physical Exam
Summary (2000 Edition) and Figure E-2, NFPA Medical Examination Form (2000
Edition). The minimal requirements for reporting shall include a complete
medical history and general physical examination; urine drug screen for all
drugs identified by the County from time to time in accordance with state
statute; complete blood screen as identified by the County from time to time in
accordance with state statute; chemistry and lipid profile; audiogram, 12-lead
electrocardiogram with interpretation and report; chest x-ray, and treadmill
stress testing.
9.9. Firefiahter Death Benefits
9.9.1 Florida Law. Section 112.191, Florida Statutes, requires the
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DRAFT 12/07/05
County to provide certain benefits to a firefighter, the firefighter=s surviving
spouse, and any surviving children of a firefighter who dies, is killed, or suffers
a catastrophic injury under conditions specified in Section 112.191.
9.9.2 Amounts. The amounts to be paid by the County under this law
range from $50,000 to $150,000 per firefighter, with such amounts subject to
adjustment as determined by the State Fire Marshal, and such payments shall
be in addition to any worker=s compensation and pension benefits.
Additionally, the County will pay the entire health insurance plan premium for
the firefighter and his or her spouse and children under the conditions specified
in Section 112.191.
9.9.3 Budaetina. The County agrees to budget each year for the
anticipated costs of providing the benefits under Section 112.191. The amount
of reserves, insurance expenses and other costs related to the benefits to be
provided shall be in such amounts to be solely determined in good faith by the
County. Additionally, the County shall have the right to provide for the
payment of these benefits through self-insurance, appropriate insuring policies,
or a combination thereof. The cost of any insurance premiums shall be paid by
the County.
9.9.4 Aoolicable Rules. The provisions of Section 9.9 shall be
administered consistent with the provisions contained in Rules 69A-64.001
through 69A-64.005, Florida Administrative Code.
9.10. Florida Retirement System Contributions.
9.10.1 Florida Law. All full-time employees of the County are required
to participate in the Florida Retirement System (FRS). Bargaining unit
members are classified as Aspecial risk@ employees under the FRS, which
requires the County to make contributions to the FRS on a higher percentage
basis than for regular members of the FRS.
9.10.2 Budaetina. The County agrees to budget each year for the
anticipated total amount of contributions to be made to the FRS on account of
the bargaining unit members.
9.10.3 No Member Contribution. Bargaining unit members shall not
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be required or obligated to contribute any sums to the FRS; provided, however,
that if in the future the state law changes in this regard, this provision of the
Agreement shall be automatically amended to conform with the statutory
provisions.
9.11. Educational Exoense Reimbursement.
9.11.1 General. The County agrees to reimburse employees for
educational expenses incurred by the employee under the following terms and
conditions:
9.11.1.1 Eliaibility. The employee must have been employed
full-time by the County for at least one year immediately prior to applying for
reimbursement, and the employee must not be in an initial or extended
probationary status.
9.11.1.2 Prohibitions. The employee shall not utilize any space,
personnel, equipment or supplies provided by the County in the process of
fulfilling any of the requirements of the coursework for which the employee is
being reimbursed.
9.11.1.3 New Coursework. The coursework must not be
duplicative of any coursework for which the employee has been previously
reimbursed by the County, unless required by Section 7.1.5.
9.11.2 Administration. The application, administration and
interpretation of educational reimbursement benefits, and the amounts to be
paid, shall be in accordance with the applicable provisions of Monroe County
Personnel Policies and Procedures and any addenda thereto, as may be
amended from time to time. Any provision of the Policies and Procedures or of
any addenda which is in direct conflict with any provision in this Agreement is
superseded by this Agreement to the extent of such conflict.
9.12 Communicable Disease Immunization.
9.12.1 Acknowledament of Risk. The County and Union agree that
the bargaining unit members run a high risk of occupational exposure to
hepatitis, meningococcal meningitis, and tuberculosis, and the County should
provide such immunizations and keep records thereof.
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9.12.2 Records and Notification. The County shall maintain a record
of any known or reasonably suspected exposure of a bargaining unit member to
the diseases described in Section 9.12.6, and the County shall immediately
notify the employee of such exposure.
9.12.3 Member to Reoort. Each bargaining unit member who has
knowledge of known or suspected occupational exposure to the diseases
described in 9.11.1 shall immediately file a report of the incident to the
appropriate supervisory personnel.
9.12.4 Immunization. Each bargaining unit member shall be
inoculated against hepatitis upon employment or as may be medically required
in order to have current immunization against hepatitis. The County shall pay
for the costs of such immunization. An employee may refuse immunization but
he/she must sign a release if he/she does not avail him/herself of the
immunization opportunity.
9.12.5 Future Circumstances; Reauirements. Whenever any
standard, medically recognized vaccine or other form of immunization or
prophylaxis exists for the prevention of a communicable disease recognized in
Section 112.181, Florida Statutes, the County may require bargaining unit
members to undergo the immunization or prophylaxis; provided, such
immunization or prophylaxis is medically indicated in the given circumstances
pursuant to immunization policies established by the Advisory Committee on
Immunization Practices of the United States Public Health Service and the
employee=s physician has not determined in writing that the immunization or
prophylaxis would pose a significant risk to the employee's health.
9.12.6 Reauired Screenina For StatutorY Presumotions.
9.12.6.1 Florida Law. Section 112.18 and Section 112.181,
Florida Statutes, provides that, under certain conditions, specified illnesses and
injuries shall be presumed by law to have been accidental and to have been
suffered in the line of duty, provided a medical examination had been
previously conducted upon the employee or the employee has executed a
written affidavit as provided in Section 92.50, Florida Statutes.
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9.12.6.2 Screeninas And Affidavits. The County agrees to
provide the medical screenings, as part of the physical and medical
examinations provided for in Section 9.8 of this Agreement.
9.13 Public Records Exemotions.
9.13.1 Florida Law. Chapter 119, Florida Statutes, provides
protections against certain information being available to the public under the
Florida Public Records law.
9.13.2 Exemot Information. The County and Union agree that the
home addresses, telephone numbers, and photographs of firefighters certified
in compliance with Section 633.35, Florida Statutes; the home addresses,
telephone numbers, photographs, and places of employment of the spouses
and children of such firefighters; and the names and locations of schools and
day care facilities attended by the children of such firefighters are exempt from
inspection under Section 119.01, Florida Statutes.
9.13.3 Protection of Exemotion. The County agrees that, when any
request is received under the Florida Public Records law to inspect any record
maintained by the County relating to a member of the bargaining unit, the
County will take such steps as are reasonably required to redact, omit, cover
up, or otherwise eliminate from the records to be inspected such information as
is listed in Section 9.12.2.
9.14 Workers' Comoensation Premiums.
9.14.1 Coveraae and Benefits. All full-time Unit member employees
of the County are participants in the Florida Workers' Compensation program
and are entitled to receive such coverages and benefits as provided by the
Florida Workers' Compensation law.
9.14.2 Budaetina. The County agrees to budget each year for the
anticipated total amount of claims and excess insurance premiums to be paid
for workers' compensation coverage of, and payments on behalf of, the
bargaining unit members.
9.14.3 No Member Contribution. Bargaining unit members shall not
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be required or obligated to contribute any sums towards workers' compensation
insurance premiums; provided, however, that if in the future the state law
changes in this regard, this provision of the Agreement shall be automatically
amended to conform with the statutory provisions.
9.15 Unemoloyment Comoensation Benefits.
9.15.1 Florida Law. In general, employees of the County are entitled
to the rights and benefits provided by the Florida Unemployment Compensation
law.
9.15.2 Budaetina. The County is a Areimbursable employer@ under
the law, and agrees to pay each year the total amount of unemployment
benefits to be repaid to the State of Florida for unemployment compensation
benefits payable to or on account of bargaining unit members.
9.15.3 No Member Contribution. Bargaining unit members shall not
be required or obligated to contribute any sums as contributions towards
unemployment compensation benefits; provided, however, that if in the future
the state law changes in this regard, this provision of the Agreement shall be
automatically amended to conform with the statutory provisions.
9.16 Federal Government Contributions.
9.16.1 FICA and Medicare. The County agrees to remit to the federal
government on a timely basis all amounts owed as the employer's portion of
FICA and Medicare contributions attributable to the employment by the County
of each Unit member.
9.16.2 Emoloyee Withholdina. The County agrees to deduct from
each Unit member's salary and wages all amounts owed by the employee to the
federal government for the employee's share of FICA and MediCare
contributions, and withholding and forwarding of federal income tax obligations.
9.17 Savinas Bond Deductions. The County agrees to provide the
opportunity to Unit members and employees to participate in a Savings Bond
program through a payroll deduction plan. The program shall be administered
by the County in accordance with its standard practices, as may be amended
from to time.
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9.18 Direct Deoosit Payroll Ootion. The County agrees to provide a
program for direct deposit of a Union member's and employee's pay into a
financial institution of the Unit member's or employee's choice, consistent with
the policies and practices of the County, as may be amended from time to time.
9.19 Years-of-Service Award Proaram. The County agrees to provide an
award program to recognize employees who have been employed by the
County for five years or more, and this program shall be administered as
provided in Section 2-15.6, Monroe County Code, as amended from time to
time.
ARTICLE X: MISCELLANEOUS PROVISIONS.
10. Term of Aareement; Effective Date.
10.1 Term. The term of this Agreement shall be for a period of three (3)
years, commencing at 12:01 A.M. on October 1, 2005, and ending on
September 30,2008, at 11:59 P.M.
10.2 This Agreement shall remain in full force and effect during any
negotiations and shall continue in full force and effect until such time as a new
agreement is reached or imposed.
10.3 Reooener. By mutual consent this contract can be reopened with
thirty (30) days notice to discuss specific issues which shall be agreed upon
mutually by both parties prior to commencement of negotiation. In year 2
this contract can be reopened for year 3 of the contract for the purpose of
discussing an additional Kelly Day.
11. Baraainina Unit Work Security. During the term of this Agreement,
the Employer shall not assign or delegate out bargaining unit work in any
manner whatsoever. In particular, the County agrees that fire suppression
(combat), rescue, fire prevention emergency medical services, administrative
services and other Fire/EMS or Airport Fire/Rescue Department related services
and functions shall not be assigned or delegated out in any manner, to private
or public entities. This article does not apply to fire suppression, rescue or
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emergency medical services that are currently provided by volunteer fire
companies registered as nonprofit corporations within the State of Florida;
however, no expansion or any type or kind beyond the current fire
district/zone/area of each volunteer fire company that is currently under
contract to Monroe County is permissible under this article. This does not
preclude services covered under mutual aid agreements or services needed in
the event of catastrophic events that impacts bargaining units ability to provide
staffing for services.
12. Construction. This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a
court of competent jurisdiction shall lie in Monroe County, Florida.
13. Severability. Should any word, phrase or provision of this Agreement be
declared illegal or invalid by a court of competent jurisdiction, such declaration
of illegality and/or invalidity shall not affect the remainder hereof.
14. Entire Aareement. No statements, representations, or warranties,
whether written or oral or from whatever source arising, that were made or
alleged to have been made in the negotiation of this Agreement, or alleged as
being an inducement by or to either the County or the Union to enter into this
Agreement, shall have any validity between the County and the Union or be
binding on either the County or the Union, unless such statement,
representation, or warranty is expressly written into this Agreement.
15. Caotions And Paraaraoh Headinas. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in n 0
way define, describe, extend or limit the scope and intent of this Agreement,
nor the intent of any provision of this Agreement.
16. Exhibits.
16.1 Inclusion in Aareement. The Exhibits referred to in, and attached
to, this Agreement shall be incorporated into this Agreement and be a part of
this Agreement.
16.2 Additional Exhibits; Amendment of Exhibits. The County and
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Union agree that one or more additional Exhibits may be added to this
Agreement, and that any Exhibit to this Agreement may be amended, changed,
or supplemented from time to time, provided that such addition, change,
amendment, or supplement shall be accepted and approved by both the Union
members and the County consistent with the procedures for ratification and
approval of agreements provided for in Chapter 447, Florida Statutes, and
further provided that only the added, changed, amended, or supplemented
Exhibit need be submitted for ratification and approval.
16.3 Chanaes to Section 16.4. The list of Exhibits provided in Section
16.4 of this Agreement shall be amended from time to time by the County to
reflect any additions, supplements, changes, or amendments ratified and
adopted from time to time as provided for in Section 16.2 of this Agreement.
16.4 List of Exhibits. The Exhibits to this Agreement are as follows:
16.4.1 Exhibit A: Union Certification Documentation.
16.4.2 Exhibit B: Base Salary And Steo Increase Chart.
Pursuant to Section 447.309(1), Florida Statutes, the Above agreement is
agreed to by and between the bargaining agent and the chief executive officer
of Monroe County.
Baraainina Aaent.
Professional Firefighters of Monroe County,
International Association of Firefighters,
Loca I 3909
By:
President
Date:
Chief Executive Officer:
By:
Tom Willi, County Administrator
Date:
This Collectively Bargained Agreement was bargained for and agreed to in
accordance with the provisions of Chapter 447, Florida Statutes, and Chapter
286, Florida Statutes; was submitted to the bargaining unit members and
ratified by a vote of votes for the Agreement and _ votes against the
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Agreement; and after ratification was submitted to the Board of County
Commissioners for action.
Baraainina Aaent.
Professional Firefighters of Monroe County,
International Association of Firefighters,
Loca I 3909
By:
President
Date:
The Board of County Commissioners, at a duly noticed and publicly held
meeting at , Monroe County, Florida, on ,
200_, approved the above Agreement by (unanimous) (majority) vote of the
Board Of County Commissioners, as follows:
VOTING FOR:
VOTING AGAINST:
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Dixie M. Spehar, Mayor
Date:
ATTEST:
DANNY L. KOLHAGE,
Clerk of Cou rt
By:
Deputy Clerk
Date:
53
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 21,2005
Division :County Administrator
Bulk Item: Yes X No
Department: County Administrator
Staff Contact Person: Tom Willi
AGENDA ITEM WORDING: Approval of Contracts with Professional Firefighters of Monroe
County, International Association of Firefighters, Loca13909 for Unit 1, covering Emergency
Medical Technician, Paramedic, Firefighter/EMT, Firefighter/Paramedic, and Airport Rescue
Firefighter and for Unit 2, covering Battalion Chief, Shift Captain/Airport Rescue Firefighter,
and Fire Rescue Captain.
ITEM BACKGROUND: On March 3 I, 2000, the Public Employees Relations Commission certified
the Monroe County Professional Firefighters, Local 3909, IAFF as the exclusive bargaining
representative for the employees in the above-referenced units.
PREVIOUS RELEVANT BOCC ACTION: Board implemented step-plan in October 2004 for
members covered by these contracts.
CONTRACT/AGREEMENT CHANGES: First Contract
STAFF RECOMMENDATIONS: Approval
TOT AL COST:
BUDGETED: Yes -X- No_
COST TO COUNTY:
SOURCE OF FUNDS:
j
REVENUE PRODUCING: Yes _ No:;L AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
(Tetmas J. Willi)
DOCUMENT A TION:
, /
Included -L
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 2iDS
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THIS COLLECTIVELY BARGAINED AGREEMENT is entered into by the
2 Board of County Commissioners of Monroe County, Florida (hereinafter
3 "County" or "Employer") and the Professional Firefighters of Monroe
4 County, International Association of Firefighters, Local 3909 (hereinafter
5 "Union"," Employee Organization", "Organization", or "Bargaining Agent")
6 pursuant to the authority of Part II, Chapter 447, Florida Statutes; and
7 hereafter this Agreement may be referred to as the "Unit One Agreement."
8
9 ARTICLE 1: INTRODUCTORY MATTERS.
10
11 1.1 Puroose. The purpose of this Agreement is to set forth terms and
12 conditions of employment of the public employees Union and for the operation
13 of the Fire/Rescue Services provided by the County. Further, it is the intent of
14 this Agreement to promote effective protection of the residents of and visitors
15 to Monroe County; to provide for the safety of the employee in the performance
16 of his or her duties; to insure the economy in the operation of the Fire/Rescue
17 Services; to provide for the cleanliness, maintenance, and proper care of
18 equipment; to establish procedures for the fair and peaceful adjustment of
19 differences between the employee or Union and the County that may arise from
20 time to time; and to promulgate rules and regulations for ethical conduct in
21 business and relations between the employees, the Union, and the County.
22 Finally, it is the intent of this Agreement to provide for a great degree of
23 harmony and understanding between the County, the employee, and the Union.
24 1.2 Recognition and Certification of Union; Management Rights.
25 1.2.1 Union Selection and Reauest. The Union is the employee
26 organization which has been selected by a majority of the Fire/Rescue Services
27 employees of the County for purposes of collective bargaining with the County
28 and, in accordance with Section 447.307(1)(a), Florida Statutes, the Union has
29 requested the County to recognize the Union as the bargaining agent for the
30 said employees.
1.2.2 Union Recognition. The County is satisfied as to the majority
status of the Union and the appropriateness of the proposed unit in accordance
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with Section 447.307(1)(a), Florida Statutes
1.2.3 Certification. The Florida Public Employees Relations Commission
("PERC") has reviewed the petition of the Union for certification, has determined
the appropriateness of the unit, and has certified the Union as the exclusive
representative of all employees in the unit. A copy of the certification
documentation is attached to this Agreement as Exhibit A.
1.2.4 Unit Determination. The unit covered by this Agreement has
been determined to include County employee positions of Emergency Medical
Technician ("EMT"lt Paramedic, Firefighter/EMT,
Firefighter/Paramedic, and Airport Rescue Firefighter. For convenience
to the Union and County, this unit may be referred to as Unit One or Unit 1.
1.2.5 Exclusive Manaqement Rights. Section 447.209, Florida
Statutes, provides the County with the authority to determine unilaterally the
purpose of each of its constituent departments and divisions, set standards of
services to be offered to the public, and exercise control and discretion over its
organization and operations. The County also has the right to direct its
employees, take disciplinary action for proper cause, and relieve employees
from duty because of lack of work or for other legitimate reasons. In matters
not covered specifically by language within this Agreement, the County shall
have the right to make decisions in such areas on a unilateral basis, and such
decisions shall not be subject to any grievance procedure, except as to whether
a specific matter is a management right, or as otherwise provided by Florida
law. The below enumerated rights of management are not all-inclusive, but
indicate the type of matters or rights which belongs to or is inherent to
management. Any of the rights, powers, and authority the County had prior to
entering into this Agreement are retained by the County except as expressly
provided for in this Agreement. Without limiting the generality of the foregoing,
the term "rights of Management" as used or referred to in this Agreement
include (1) the determination of policy and procedures, including the right to
manage the affairs of the fire/rescue services; (2) the right to determine the
starting and quitting time and the number of hours and shifts to be worked,
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including the need for overtime work, subject only to contrary provisions of this
Agreement; (3) the right to establish, change, or modify work schedules,
subject only to contrary provisions of this Agreement; staffing of equipment and
apparatus; amount and types of equipment; and placement and location of
equipment; (4) the right to direct the members of the unit, including the right
to hire, suspend, demote, promote, transfer, discipline, and discharge any unit
member for just cause; (5) the right to temporarily assign unit members to
other duties within the County's fire/rescue operations; (6) the organizational
structure of the fire/rescue operations in the County, including the right to
organize and reorganize in any manner in which the County chooses, including
the size of operations, the determination of job classifications and ranks based
upon other duties assigned; (7) the determination of the safety, health, and
property protection measures for the fire/rescue services; (8) the allocation and
assignment of work to unit members; (9) the determination of policy affecting
the selection and training of new employees and the on-going training,
certification, and cross-certification of unit members; (10) the scheduling of
operations; (11) the establishment, amendment, and enforcement of
fire/rescue operations rules, regulations, policies, procedures, and orders; (12)
the transfer of work from one position to another within the unit; (13) the
introduction of new, improved, or different methods and techniques of
operations or a change in existing methods or techniques; (14) the placing of
secondary services temporarily; maintenance; or other work with outside
contractors or other agencies of the county, any municipality within the county,
or state or federal agencies; (15) the determination of the number of ranks and
number of personnel within the unit; (16) the determination of the quantity and
amount of supervision to be provided to unit members; (17) the transfer of any
unit member from one area, shift, work schedule, or facility to another; and
(18) the right to direct any person not covered by this Agreement to perform
any task or assignment.
1.2.6 Notice of Exercise of Management Ric;lhts. The County agrees
that prior to unilaterally exercising any of its management rights detailed in
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Section 1.2.5 which will directly affect the unit=s operations, the County will, in
non-emergency situations, provide written notification to the Union President
either by U.S. Postal Service Mail, certified or return receipt requested; in
person by hand-delivery; or by electronic mail with confirmation of receipt as
may be provided by the electronic mail software application. Non-emergency
written notification shall be given at least twenty (20) days prior to the effective
date of the management right to be exercised as identified in the notification.
In emergency situations, notice shall be given as soon as practicable and in
such form as may be reasonable under the circumstances.
1.2.7 Failure of Notification. In regards to exercising its rights
detailed in Section 1.2.5 and Section 1.2.6, the County and Union agree that
failure to give the written notice will not, in and of itself, provide the basis for
an unfair labor practice claim to be filed with PERC or become the basis for the
filing and processing of a grievance.
1.2.8 Non-Waiver; Non-Exclusivity. The provision of any notice
pursuant to Sections 1.2.5 and Section 1.2.6 shall not be deemed to be a
waiver of any rights or prerogatives of the County to which the County is
entitled pursuant to federal, state, and local statutes, laws, ordinances,
regulations, rules, or case law. Should the County fail to exercise any of its
lawful rights from time to time, such failure shall not be, nor shall such failure
be deemed to be, a waiver to exercise such right or rights in the future, and it
is specifically agreed by the Union and the County that any right or function of
the County not specifically relinquished or altered by this Agreement is reserved
to the County. Further, the Union and County agree that the rights,
responsibilities, and prerogatives inherent in, or legally provided to, the County
and the County Administrator cannot be subject to any grievance or arbitration
proceedings except as may be specifically provided for in this Agreement.
1.3 Non-Discrimination.
1.3.1 Non-Discrimination Agreement. The County and Union agree
that both oppose discrimination or retaliation on account of, and neither shall
discriminate nor retaliate against any employee or Union member on account
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of, race, color, creed, gender, national origin, marital status, gender
orientation, sexual preference, age, religion, union activity, handicap or
disability except as may be permitted or allowed as a bona fide occupational
qualification under federal or state law.
1.3.2 Discrimination/Retaliation Not Grievable. While the County
and Union agree that unlawful discrimination and unlawful retaliation have no
place in the County's workforce, federal and state laws provide specialized
protections, procedures and remedies for such misconduct. Therefore, claims
that the County or the Union engaged in unlawful discrimination or unlawful
retaliation shall exclusively be processed through the statutory, administrative
and judicial procedures that exist to entertain and resolve such claims.
Therefore, any such c1aim(s) is not subject to the grievance/arbitration
procedure of this Agreement.
1.3.3 Investigation of Complaint of Discrimination. The County and
Union agree that any allegation of discrimination against the County or the
Union that is received by the County shall be investigated and resolved in
accordance with the County=s internal administrative procedures and the
County shall additionally have the right to forward any allegation of
discrimination to any appropriate state or federal agency as the County may
deem appropriate.
1.4 No Strike, No Lockout.
1.4.1 Injunctive Relief. The County and Union agree that the County
is responsible for and engaged in activities which are the basis for the health
and welfare of the general public and any violation of this section 1.4 could give
rise to irreparable damage to the County and the public at large. Accordingly,
the Union agrees that in the event any violation of this section 1.4 should occur
or be apparently imminent, the County shall be entitled to seek immediate
injunctive relief in a court of competent jurisdiction without notice to the Union.
1.4.2 No Strikes. The Union agrees that there shall be no strikes as
that term is defined in Florida Statutes, and that there shall be no work
stoppage, work slowdowns, boycotts, picket lines or picketing in support of a
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work stoppage or work slowdown, nor will there be a concerted failure or
refusal to perform work assigned by the County or appropriate superior
employees or individuals designated by the County. The County shall have the
right to pursue any and all legal and equitable remedies in the event of a strike.
1.4.3 No Support By Union. The Union agrees that it shall not
support, condone, encourage, authorize, sanction, or ratify any violation of sub-
section 1.4.2 above. The County agrees that the Union shall not be held liable
for any violation of section 1.4 if it is reasonably shown that neither the Union
nor any Union officer supported, condoned, encouraged, authorized,
sanctioned, or ratified such action. In the event any Union officer becomes
aware of any activity, whether verbal or physical, which is intended or may be
reasonably be construed to be instigating a strike, work stoppage, work
slowdown, boycott, picketing, or other activity in violation of this Agreement,
that officer shall immediately attempt to discourage such activity and shall
immediately notify the appropriate managerial authority of such action.
1.4.4 No Lockout. The County agrees that it shall not authorize,
promote, condone, institute, or engage in any lockout of Union members.
ARTICLE 2: DEFINITIONS
For the purpose of this Agreement, the following terms shall have the
meanings as set forth, unless the context specifically provides otherwise:
2.1 Administrative Proceeding, for purposes of disciplinary proceedings,
means any nonjudicial hearing which may result in the recommendation,
approval, or order of disciplinary action against, or suspension or discharge of,
a firefighter.
2.2 Advanced life support means treatment of life threatening medical
emergencies through the use of techniques such as endotracheal intubation, the
administration of drugs or intravenous fluids, telemetry, cardiac monitoring, and
cardiac defibrillation by a qualified person pursuant to the rules of the Florida
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Department of Health.
~ Advanced life support service means any emergency medical transport
or nontransport service which uses advanced life support techniques.
2.4 Air Ambulance means any fixed-wing or rotary-wing aircraft used for, or
intended to be used for, air transportation of sick or injured persons requiring
or likely to require medical attention during transport.
1:2 Ambulance means any privately or publicly owned land or water vehicle
that is designed, constructed, reconstructed, maintained, equipped, or operated
for, and is used for, or intended to be used for, land or water transportation of
sick or injured persons requiring or likely to require medical attention during
transport. The term also includes Aemergency medical services vehicle.@
U ARFF means Airport Rescue Firefighter.
2.7 Basic life support means treatment of medical emergencies by a
qualified person through the use of techniques such as patient assessment,
cardiopulmonary resuscitation (CPR), splinting, obstetrical assistance,
bandaging, administration of oxygen, application of medical antishock trousers,
administration of a subcutaneous injection using a premeasured autoinjector of
epinephrine to a person suffering an anaphylactic reaction, and other
techniques described in the Emergency Medical Technician Basic Training
Course Curriculum of the United States Department of Transportation. The term
"basic life support" also includes other techniques which have been approved
and are performed under conditions specified by rules of the Florida Department
of Health.
2.8 Basic life support service means any emergency medical service which
uses only basic life support techniques.
1..J! Bargaining unit or Unit means the employees represented by the
Professional Firefighters of Monroe County, International Association of
Firefighters, Local 3909.
2.10 Bumping Rights means the right of an employee covered by this
Agreement to displace an employee of lower seniority, covered by this
Agreement, from a position covered by this Agreement, but only in accordance
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with the terms and conditions of this Agreement.
2.11 Chief executive officer, as generally defined in Section 447.203, Florida
Statutes, shall mean the County Administrator.
2.12 Classification seniority shall mean the length of time of full-time
employment within a particular job classification, as measured from the date of
regular hire status to the classification or date of permanent promotion to the
classification.
2.13 Continuous service, as required for advancement within salary ranges
and for other purposes specified under this Agreement, means employment by
the County on a probationary, regular, or acting appointment basis without
break or interruption, and shall be interpreted in accordance with the County=s
policies and procedures.
2.14 County means the political entity known as Monroe County, and includes
the Board of County Commissioners, the County Fire Chief, the County
Administrator, and employees and agents of Monroe County. County also
means the geographical area of the State of Florida encompassed within the
boundaries set forth in Section 7.44, Florida Statutes.
2.15 Court means any county court or state circuit court in Florida and any
federal court in Florida having subpoena powers and exercising such power
upon a unit member as a result of action or involvement in, or observance of, a
situation while in the member=s capacity as a county employee.
2.16 Department seniority shall mean the length of time of full-time regular
employment with the County, calculated from the last hire date.
2.17 Emergency means a circumstance requiring immediate action; a
sudden, unexpected happening; an unforeseen occurrence or condition.
2.18 Emergency Medical Services means the activities or services to
prevent or treat a sudden critical illness or injury and to provide emergency
medical care and prehospital emergency medical transportation to sick, injured,
or otherwise incapacitated persons.
2.19 Emergency medical services vehicle means an ambulance.
2.20 Emergency medical technician means a person who is certified by the
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Florida Department of Health to perform basic life support.
2.21 Employee means a member of the bargaining unit, unless the context
specifically requires a different meaning.
2.22 Employee organization means Professional Firefighters of Monroe
County, Local 3909, International Association of Firefighters.
2.23 Employer means Monroe County, Florida.
2.24 Fire Apparatus, also referred to as Engine Apparatus or Engine means a
vehicle of 10,000 Ib (4540 kg) or greater gross vehicle weight rating (CVWR)
used for fire suppression or support, in accordance with the definitions and
standards in National Fire Protection Association Standard 1901.
2.25 Firefighter means any person employed by Monroe County and whose
primary responsibility is the prevention and extinguishment of fires, and the
protection and saving of life and property. The term includes Afirefighter
employee@ as defined in Section 633.802(3), Florida Statutes, and Afirefighter@
as defined in Section 112.81(1), Florida Statutes/ and Section 633.30(1),
Florida Statutes.
2.2~ Florida Firefighters Occupational Safety and Health Act, or FFOSHA
means the provisions of Sections 633.801 through 633.821/ Florida Statutes.
2.27 Formal Investigation means the process of investigation ordered by
supervisory personnel, after the supervisory personnel have previously
determined that the firefighter shall be reprimanded, suspended, or removed,
during which the questioning of the firefighter is conducted for the purpose of
gathering evidence of misconduct.
2.28 Grievance means a complaint, dispute, or controversy in which it is
claimed that the Union, the County, or a County employee has failed in an
obligation under this Agreement, which involves the meaning, interpretation, or
application of this Agreement, and where the grievant, the Union or the County
believes that rules have been misapplied or violated.
2.29 HOliday means a day, beginning at 12:01 A.M. and ending twenty-four
(24) hours later, which the County has recognized in its", ordinances,
resolutions, policies and procedures as a day on which most county offices are
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usually closed. The County recognizes the following days to be holidays: New
Year=s Day, Presidents Day, Martin Luther King=s Birthday, Good Friday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day,
Thanksgiving Day, Thanksgiving Friday, Christmas Day.
2.30 Informal Inquiry means a meeting by supervisory or management
personnel with a firefighter about whom an allegation of misconduct has come
to the attention of such supervisory or management personnel, the purpose of
which meeting is to mediate a complaint or discuss the facts to determine
whether a formal investigation should be commenced.
2.31 Interrogation means the questioning of a firefighter by an employing
agency in connection with a formal investigation or an administrative
proceeding but not shall not include arbitration or civil service proceedings.
Questioning pursuant to an informal inquiry shall not be deemed to be an
interrogation.
2.32 Ladder Truck Apparatus or Ladder Truck means any fire apparatus
equipped with a power operated ladder, tower, platform, or articulating device
whose primary purpose is to provide firefighters with access to levels of height
beyond the reach of manually-raised ladders.
~ Legislative body, as generally defined in Section 447.203, Florida
Statutes, means the Board of County Commissioners of Monroe County.
2.34 Membership dues deduction means the amount established by the
Union to be paid on a monthly basis by Union members as and for the privilege
of belonging to the Union, and which amount has been agreed by the Union
member to be deducted by the County from the Union member=s salary and
wages and paid by the County directly to the Union. Such deductions shall not
include initiation fees, special assessments, or other charges which may be
imposed from time to time by the Union.
2.35 Mutual aid agreement means a written agreement between two or
more entities whereby the signing parties agree to lend aid to one another
under conditions specified in the agreement and as sanctioned by the County.
2.36 Paramedic means a person who is certified by the Florida Department of
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Health to perform basic and advanced life support.
2.37 Pay Period means a two-week period commencing at 12:01 A.M.
Sunday through 12:00 Midnight Saturday.
2.38 PERC means the Florida Public Employees Relations Commission.
~ Picketing means attendance by one or more Union members outside of
a County facility or worksite during, and in support of, (1) a strike, work
stoppage or work slowdown, or (2) in connection with a concerted failure or
refusal to perform work lawfully assigned to Union members, when such
attendance is designed, intended, or has the effect of harassing, coercing, or
intimidating any County employee to refuse to perform lawfully assigned duties
or to take a course of action in violation of this Agreement or any federal, state,
or local law.
2.40 Pumper, also referred to as Engine, means a piece of fire apparatus
with a permanently mounted fire pump that has a rated discharge capacity of
750 gpm (2850 L/min) or greater, water tank, and hose body as defined in
National Fire Protection Association Standard 1901.
2.41 Rescue Apparatus or Rescue Vehicle means any vehicle whose
primary function is to carry equipment and manpower designed to facilitate the
rescue of trapped or endangered persons from unusual circumstances, including
automobile accidents, cave-ins, fires, building collapses, and other serious
bodily injury or life-threatening situations.
2.42 Shift means a period commencing at 8:00 A.M. and ending twenty-four
hours later at 8:00 A.M.
2.43 Strike shall have the same definition as that contained in Section
447.203, Florida Statutes.
2.44 Supplemental Compensation means the compensation to be paid to
firefighters pursuant to the provisions of Section 633.382, Florida Statutes.
2.45 Temporarily, for purposes of Section 1.2.5, means a period of time not
to exceed nine months, unless otherwise agreed to in writing by the County and
the Union.
2.46 Vacancy means an open position resulting from the creation of a new
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position, voluntary or involuntary termination, retirement, death, promotion, or
demotion. A vacancy is not created as a result of a reduction in force,
temporary assignment or transfer, or temporary appointment.
2.47 Volunteer means a person who, of his or her own free will, provides
goods or services to Monroe County government without receiving monetary or
material compensation from Monroe County. The recruitment and use of
volunteers will be generally pursuant to the provisions of Sections 125.9501
through 125.9506, Florida Statutes.
2.48 Week means a consecutive period of seven days, the first day of which
commences on Sunday at 12:01 A.M. and the last day of which ends on the
following Saturday at 12:00 Midnight.
2.49 Workdays means Monday through Friday, excluding holidays, except
where otherwise specifically defined in this Agreement.
2.50 Work Cycle means the 27-day period used for purposes of calculating
and crediting or paying overtime in accordance with the general principles of
the Fair Labor Standards Act.
2.51 Workweek means, for salary purposes, seven consecutive days,
commencing on Sunday at 12:01 A.M. and ending the following Saturday at
12:00 Midnight.
ARTICLE 3: UNION RIGHTS AND RESPONSIBILITIES
3.1 Dues and Uniform Assessments. Section 447.303, Florida Statutes,
gives the right to the Union to have its dues and uniform assessments deducted
and collected by the County from the salaries of those employees who authorize
the deduction of said dues and assessments. re are no un rm
u this
3.1.1 Dues and Assessment Deductions. The County agrees to
deduct from the each unit member=s bi-weekly salary the dues and uniform
assessments for which (1) the amounts have been certified in writing to be
current and correct by the Treasurer of the Union and (2) which amounts have
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been specifically authorized in writing by the unit member to be deducted.
Deductions shall be taken from the the bi-weekly salary of the member which is
two pay periods after receipt of the deduction authorization, and shall be
deducted from each pay period thereafter.
I 3.1.2 Discontinuance of Deduction. The unit member may elect to
2 revoke his or her authorization to deduct union dues and assessments from his
3 or her salary. The County shall cease to make such deductions during the pay
4 period which is thirty (30) days immediately after receipt of the revocation in
5 writing from the unit member. The County shall continue the deductions only
6 so long as the employee has enough net salary after all other deductions to
7 cover such deductions, and the County shall not be held responsible for a
8 refund to the employee if the employee has duplicated a deduction by direct
9 payment to the Union. The County shall have no liability to the employee or
10 the Union for the dues and uniform assessments deducted from the employee=s
11 salary.
12 3.1.3 County Not Involved in Collection of Fines, Penalties, or
13 Special Assessments. The County, as a public employer, is expressly
14 prohibited by Section 447.303, Florida Statutes, from being involved in the
15 collection of any fine, penalty or special assessment charged against a unit
16 member.
17 3.1.4 Remittance To Union. The County shall remit to the Union by
18 County check or warrant the total amount of union dues and uniform
19 assessments deducted by the County from the unit members= salaries. Such
20 remittance shall be forwarded to the Union at the same time as employee
21 salary checks or warrants are sent to County employees. In lieu of receiving a
22 check, the Union can elect to have the County make a direct deposit in a Union-
23 specified institutional account within the geographical limits of Monroe County
24 and with an institution with which the County has a current direct deposit
25 agreement.
26 3.1.5 County's Costs. The Union and County agree that the County
27 shall receive an annual rs ( 0) on r r
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as County/s reasonable costs for deductions
2 made from unit members' salaries.
3 3.1.6 Current Unit Member Roster. The Union shall have the
4 responsibility for keeping the County informed on a timely basis of those
5 employees of the County who are unit members and from whose salaries
6 deductions are to be made.
7 3.1.7 Union to Indemnify and Hold County Harmless. The Union
8 agrees to indemnify and hold the County harmless against any and all claims,
9 suits or other forms of liability arising out of the deduction from an employee=s
10 salary any Union dues or uniform assessments. The Union assumes full
II responsibility for the disposition of the deduction once it has been remitted by
12 the County and received by the Union.
3.1.8 Reliaious Exemptions. If an employee objects to deductions on
bona fide religious tenets or teachings of a church or religious body of which
such employee is a member, the employee may inform the County and the
Union of the objection. The employee and the Union will establish a satisfactory
arrangement for distribution of an amount of money equivalent to the dues and
uniform assessments to a non-religious charity by the employee.
3.2 Rights of Members and Non-Members.
3.2.1 No County Discrimination. The Union and County agree that
any employee is free to join and assist the Union without fear of retaliation of
any kind. No County officer, employee, representative, or agent shall interfere
with, restrain, coerce or intimidate an employee in the exercise of the
employee=s right to join or refrain from joining the Union. No County officer or
supervisor shall discriminate against any employee with regard to employment,
or the terms and conditions of employment (including but not limited to
promotions) because the employee has formed, joined, or chosen to be
represented by the Union or because the employee has given testimony or
taken part in any grievance procedure or other hearing, negotiation or any
other form of legal activity on behalf of the Union.
3.2.2 No Union Interference. The Union and County agree that all
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employees shall have the same right to refrain from membership in the Union.
The Union agrees that it will not interfere with, coerce, or intimidate any
employee into joining the Union and that every employee has the right to
choose of his or her own free will whether he or she will or will not join the
Union. The Union further agrees that there will be no interference with the free
right of any employee or member of the public to enter and leave work sites
and property of the County unmolested, unthreatened, and unintimidated.
3.2.3 Claims of Discrimination or Interference. Any claim of
discrimination or interference in violation of Section 3.2.1 or 3.2.2 shall be
asserted exclusively through the Florida Public Employees Relations
Commission, and through the grievance-arbitration procedures of this
Agreement.
3.3 Union Business.
3.3.1 Union Business Meetings. Employees elected or appointed to
represent the Union shall be allowed to use County facilities to conduct regular
and special business meetings of the Union. The use of such facilities shall be
coordinated with, and approved by, the County Fire Chief. Such meetings shall
be scheduled at times and locations which will not unduly interfere with the
County=s fire/rescue operations or result in a violation of the minimum staffing
requirements of any fire/rescue facility. Attendance at the meetings by the
Union representatives who are on duty shall be at no loss of pay for the Union
representative during the actual time of attendance and for travel time to and
from the meeting. The time spent by all on-duty Union members traveling to,
from, and attending Union business meetings shall be deducted from the Union
pool hours provided for in Section 3.5.
3.3.2 Union Representative for Grievance. Any unit member
desiring to file a grievance pursuant to this Agreement, shall have the right to
meet with one (1) Union representative to discuss the member=s potential
grievance. The County agrees to permit the member and the Union
representative to meet briefly during work hours concerning a potential
grievance, provided the member and Union representative have the permission
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of each=s immediate supervisor, and further provided that the meeting does not
disrupt or interfere with current fire/rescue operations or result in less than
minimum staffing. The Union agrees that this privilege shall not be utilized to
prepare formal grievances during work hours but is to be used to simply and
briefly consult with the member and/or a supervisor in order to avoid the
necessity of processing a formal grievance or to consult with the member to set
an appointment for after working hours to prepare a legitimate grievance.
3.3.3 National and State Association Mee~ing~.
3.3.3.1 National Meetinqs. The County agrees that members of
the bargaining unit shall be allowed to attend one nationally recognized
professional association related to the fire/rescue services professions during
the County=s fiscal year. The time spent by a unit member away from the
member=s regularly scheduled duties while traveling to, from, and attending
such meetings shall be deducted from the Union pool hours provided for in
Section 3.5.
3.3.3.2 State Meetinqs. The County agrees that members of the
bargaining unit shall be allowed to attend one Florida state recognized
professional association related to the fire/rescue services professions during
the County=s fiscal year. The representatives shall be entitled to
reimbursement for travel, meals, and lodging in accordance with County policies
and procedures. The time spent by a unit member away from the member=s
regularly scheduled duties while traveling to, from, and attending such
meetings shall be deducted from the Union pool hours provided for in Section
3.5.
3.4 Collective Bargaining Leave For Union Neaotiatina Team. The
County and Union agree that the Union Negotiating Team shall consist of three
(3) members (Aregular negotiating team@), selected by the Union. The Union
may designate up to three (3) additional members (Aadditional negotiating
team@) to provide representation during negotiations, but such additional
members representation at, and involvement in negotiations, shall not be at the
expense of the County. The time spent by a regular negotiating team unit
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member away from the member=s regularly scheduled duties while traveling to,
from, and attending such negotiations shall be deducted from the Union pool
hours provided for in Section 3.5,
3.5 Union Pool Hours.
3.5.1Allocation of Hours. In each fiscal year covered by this
Agreement, the County shall allocate a number of hours to be used by unit
members to attend national and state association meetings, collective
bargaining sessions, and other Union-related activities. A total of two hundred
forty (240) hours is allocated by the County for use during the first fiscal year
of this Agreement; a total of three hundred twenty (320) hours is allocated by
the County for use during the second fiscal year of this Agreement; and a total
of four hundred eighty (480) hours is allocated by the County for use during the
third fiscal year of this Agreement.
3.5.2 Use and Forfeiture of Hours. Only actual hours approved by the
County Fire Chief for use prior to September 30th of a fiscal year shall be
counted against the allocated hours for that fiscal year. Hours not approved
and used shall be forfeited and not carried forward for use in any subsequent
fiscal year.
3.5.3 Reauest For Use of Union Pool Hours. Request for use of Union
pool hours shall be submitted in writing on a form to be provided by the
County, The unit member requesting to use Union pool hours shall obtain
written approval from the Union president, vice-president, or secretary prior to
submitting the request to the County Fire Chief. Such approval shall be
indicated on the request form. One form shall be submitted for each Union
member for each pay period in which Union pool hours are to be used.
3.5.4Submitting Reauests. Request forms shall be submitted to the
County Fire Chief so as to be received by the County Fire Chief at least seventy-
two (72) hours prior to the date and time the Union member is requesting to be
relieved from operational duties in order to use Union pool hours. Request
forms which are not complete when submitted to the County Fire Chief shall be
returned to the Union member without further review or action by the County
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Fire Chief.
3.5.5 Responsibility of County Fire Chief. The County Fire Chief shall
be responsible for tracking and monitoring availability and use of Union pool
hours, and for final approval of Union member requests for use of Union Pool
hours. Requests for use of Union pool hours which are disapproved by the
County Fire Chief may be appealed by the Union member, and such appeal shall
be considered and processed as a grievance under the applicable provisions of
this Agreement.
3.5 Names of Union Representatives. The Union shall
provide to the County Fire Chief a written list of the names, duty locations,
addresses, and telephone numbers of the Union officers and negotiating team
members, both regular and supplemental, within fifteen (15) days of the
effective date of this Agreement, and shall update the list in writing within
(15) days of any change.
3.6 Bulletin Boards. The Union shall have the right to install and maintain at
the Union=s cost a bulletin board at each County facility to which Union
members are assigned to perform services. The size, composition, and location
of the bulletin boards shall be mutually agreed to by the Union and the County.
Posted materials shall be subject to review and approval by the County Fire
Chief; shall contain on its face the legible name of the person responsible for
placing the material on the bulletin board; shall not contain anything of a
derogatory or adverse nature concerning the County or its employees or
agents, or contain anything which is in violation of this Agreement; and all
materials shall be dated and bear the signature of the Union president or his or
her designated representative. Materials placed on a bulletin board in violation
of this section shall subject the employee to disciplinary proceedings.
3.7 Printing and Distribution of Agreement. The County will, at no cost to
the Union, print one copy of this Agreement for distribution to each facility at
which employees covered by this Agreement are assigned for duty; one original
copy to the Union; and one copy to each library facility in Monroe County.
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ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES.
4.1 DisciDlinary Standard. The County and Union agree that no employee
who has attained career status with the County shall be discharged, demoted,
or otherwise disciplined in a manner which would result in a loss of pay, except
for just cause.
4.2 Probationary Period. All new and newly-promoted employees shall
serve a probationary period. The probationary period shall be considered the
last step in the selection or promotion process, and the purpose of the
probationary period is to allow management to observe and appraise the
conduct, performance, attitude, adaptability and job knowledge of the employee
and to assist the County in determining the qualifications of the employee for
the position to which the employee has been assigned or promoted.
4.3 Duration of Probation. The probationary period for new employees and
newly-promoted employees shall be twelve (12) months. The probationary
period may be extended (a) for unsatisfactory performance or (b) if the
employee has been absent from his or her regularly assigned duties for a total
of four hundred eighty (480) hours or more due to any cause except in-service
training authorized by the County. Extended probationary periods shall be not
less than three (3) months nor more than twelve (12) months. The
determination of whether the probationary period for any employee should be
extended shall be at the sole discretion of the County, and such determination
shall not be grievable.
4.4 Rejection of Probationary Emplovee. Any employee who is in
probationary status as a new employee may be dismissed from employment
without cause or explanation, without right of appeal, and without recourse to
the grievance procedures established by this Agreement. Any employee who is
in probationary status as a newly-promoted employee may be demoted to the
classification held immediately prior to the promotion, and such demotion shall
be without cause or explanation, without right of appeal, without recourse to
the grievance-arbitration procedures established by this Agreement, and
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without recourse to Career Service Act procedures.
4.5 Proposed Discipline and Pre-Determination Hearing. Any proposed
discipline of a non-probationary employee subject to this Agreement which
would result in a suspension without pay, termination of employment,
demotion, or a reduction in base salary, shall require a pre-determination
hearing. The pre-determination hearing shall be held and conducted in
accordance with the provisions of the Monroe County Policies And Procedures,
Section 9.11, provided such procedures are consistent with the following
provisions:
4.5.1 Procedure. Whenever a firefighter is subjected to an
interrogation, such interrogation shall be conducted as follows.
4.5.1.1 Location. The interrogation shall take place at the facility
where the investigating officer is assigned, or at the facility which has
jurisdiction over the place where the incident under investigation allegedly
occurred, as designated by the investigating officer.
4.5.1.2 Written Notice. No firefighter shall be subjected to
interrogation without first receiving written notice of sufficient detail of the
investigation in order to reasonably apprise the firefighter of the nature of the
investigation. The firefighter shall be informed beforehand of the names of all
com plai na nts.
4.5.1.3 Time. All interrogations shall be conducted at a
reasonable time of day, preferably when the firefighter is on duty, unless the
importance of the interrogation or investigation is of such a nature that
immediate action is required.
4.5.1.4 Persons Present. The firefighter under investigation
shall be informed of the name, rank, and unit or command of the officer in
charge of the investigation, the interrogators, and all persons present during
any interrogation.
4.5.1.5 Sessions. Interrogation sessions shall be of reasonable
duration and the firefighter shall be permitted reasonable periods for rest and
personal necessities.
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4.5.1.6 Conejuct. The firefighter being interrogated shall not be
subjected to offensive language or offered any incentive as an inducement to
answer any questions.
4.5.1.7 Record. A complete record of any interrogation shall be
made, and if a transcript of such interrogation is made, the firefighter under
investigation shall be entitled to a copy without charge. Such record may be
electronically recorded.
4.5.1.8 Reoresentation. An employee or officer of the County
may represent the County, and the Union may represent any member of the
bargaining unit desiring such representation in any proceeding in which an
interrogation is to take place. The presence of a representative of the Union
during interrogations shall be permitted if the bargaining unit member to be
interrogated so requests.
4.5.2 Apolication. The procedures in 4.5.1 shall be applicable only to a
formal investigation of a bargaining unit member and shall not apply to an
informal inquiry involving the member.
4.6 Emerqencv Susoension or Transfer. In a situation where the County
Administrator or his or her designee reasonably determines that an emergency
exists which could be harmful to the health, safety, or welfare of any person,
and that an employee should be temporarily suspended from duty to
a ninety () term or transferred to another duty assignment
pending scheduling a pre-determination hearing, the County Administrator or
his or her designee shall immediately notify the Union president and the
employee of such determination, and shall immediately document that
determination in writing to the employee and provide the Union president with a
copy.
ARTICLE 5: GRIEVANCE PROCEDURE
5.1 Purpose. Grievance procedures are provided to (a) promote improved
employer-employee relations by establishing procedures for resolution of issues
for which appeal or hearing is not provided for elsewhere in this Agreement; (b)
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afford employees, individually or through the Union, a systematic means of
obtaining further considerations of problems after every other reasonable effort
to resolve them through discussion has failed; (c) provide for settlement of
issues as near as possible to the point of origin; and (d) to provide that issues
shall be heard and settled as informally as possible. Any complaint, grievance
or dispute arising under and during the term of this Agreement involving
questions of the interpretation or application of any provision of this Agreement
shall be processed through the grievance-arbitration procedure of this
Agreement, except that claims of unlawful discrimination or retaliation shall not
be processed through this grievance-arbitration procedure. In addition, the
Union, on behalf of bargaining unit members, expressly waives the right of any
bargaining unit member to utilize the procedures of the Career Service Council
Act concerning any matter covered by this Agreement, including but not limited
to claims of improper disciplinary actions and adverse actions such as transfers,
demotions, suspensions or terminations. Bargaining unit members must submit
any such disputes to the grievance-arbitration procedure herein, with the
exception of claims of unlawful discrimination or unlawful retaliation, which
must be submitted through procedures established by laws prohibiting
discrimination or retaliation in employment.
5.2 Exclusive Proceeding. A grievant initiating and utilizing the procedures
set forth in this Article is precluded by law from availing himself or herself of
any procedures or remedies provided through any unfair labor procedure or the
County=s career service law.
5.3 Initiation of Grievance. All grievances initiated under this Agreement
shall be in writing and shall, as a minimum, contain (i) a statement, as
complete as possible under the circumstances, of the grievance and the facts
upon which it is based, including the dates, times, locations, names of
witnesses, and other information appropriate to the grievance; (ii) the section
or sections of this Agreement claimed by the grievant to have been violated;
and (iii) the remedy or corrective action requested by the grievant. If a
grievance form has been adopted by the County, that form shall be utilized in
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initiating and submitting a grievance.
5.4 Grievance Steps. The County and Union agree that all grievances should
be dealt with promptly and efficiently, and every reasonable effort must be
made to settle a grievance as close to the source as possible.
5.4.1 SteD One. Within fifteen (15) calendar days of the incident being
grieved, the Union or the affected employee may, in the presence of a Union
representative, submit a grievance in writing through the Union to the
employee=s immediate supervisor.
5.4.1.1 Immediate Supervisor. The original copy of the
completed form shall be delivered to the employee=s immediate supervisor, and
a copy shall be delivered to the Union representative. The immediate
supervisor shall attempt to resolve the grievance at that time by attempting to
fully discuss the matter with the employee in a fair and equitable manner and in
accordance with the established policy of the County. The immediate
supervisor=s decision shall be rendered in writing within seven (7) work days of
receipt of the grievance.
5.4.1.2 Agreed Resolution. If the employee agrees with the
decision of the immediate supervisor, he or she or the Union shall sign the
Grievance Form acknowledging his or her agreement, and the original, signed
form shall be submitted to the Human Resources Director for placement with
the employees employment records. No further action on the part of the
County shall be required.
5.4.1.3 No Resolution. If the employee does not agree with the
decision of the immediate supervisor, he or she or the Union shall sign the
original Grievance Form acknowledging his or her disagreement and
immediately notify the Union in writing. The original, signed form shall be
submitted by the employee to the Fire Chief within seven (7) work days of the
decision of the immediate supervisor.
5.4.2 SteD Two. The Fire Chief or authorized agent shall make such
inquiry concerning the grievance as he or she shall deem appropriate, and shall
render a written decision within seven (7) work days of receipt of the
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immediate supervisor=s decision.
5.4.2.1 Agreed Resolution. If the employee agrees with
the decision of the Fire Chief or Fire Chief=s authorized agent, he or she shall
sign the Grievance Form acknowledging his or her agreement, and the original,
signed form shall be submitted to the Human Resources Director for placement
with the employees employment records. No further action on the part of the
County shall be required.
5.4.2.2 No Resolution. If the employee does not agree
with the decision of the Fire Chief or the authorized agent, he or she shall sign
the original Grievance Form acknowledging his or her disagreement, and
immediately notify the Union in writing. The original, signed form shall be
submitted by the employee to the County Administrator within seven (7) work
days of the decision by the Fire Chief or authorized agent.
5.4.3 Steo Three. The County Administrator or his or her
authorized agent shall make such inquiry concerning the grievance as he or she
shall deem appropriate, and shall render a written decision within ten (10) work
days of receipt of the Fire Chief=s, or Fire Chief=s authorized agent=s, decision.
5.4.3.1 Aareed Resolution. If the employee agrees with
the decision of the County Administrator, he or she shall sign the Grievance
Form acknowledging his or her agreement, and the original, signed form shall
be submitted to the Human Resources Director for placement with the
employees employment records. No further action on the part of the County
shall be required.
5.4.3.2 No Resolution. If the employee does not agree
with the decision of the County Administrator or his or her authorized agent,
the employee shall sign the original Grievance Form acknowledging his or her
disagreement, and the original, signed form shall be submitted by the employee
to the Human Resources Director within seven (7) work days from the date of
the decision by the County Administrator or his or her authorized agent. The
employee shall also submit a copy of the Grievance form to the Union, and the
Union may initiate proceedings with the Federal Mediation and Conciliation
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Services (FMCS) as provided for in Section 5.11 of this Article.
5.5 Immediate Dispute Resolution. If a dispute involves the interpretation
or application of this Agreement that has an imminent, substantial effect on the
Union itself or upon five (5) or more Union members, either the County or the
Union may request waiver of Step 1 and Step 2 in the grievance procedure,
whereupon both the County and Union will proceed to immediate discussions at
Step 3. Such discussions shall commence within twenty-four (24) hours, during
a work week, after notification to the other party and shall continue for not
more than seven (7) work days. If the dispute is not resolved during this time
frame, the Union may initiate proceedings with the Federal Mediation and
Conciliation Services (FMCS) as provided in Section 5.11 of this Article.
5.6 Extension of Time. At any stage during the grievance process, the
County and the Union may mutually agree to extend the time limits specified in
the grievance procedure. In computing time limits under this Article,
Saturdays, Sundays, and Holidays shall not be counted. For purposes of this
Article, the Term "working days" or Awork day@ is defined as Monday through
Friday, and each day thereof.
5.7 Timeliness. Unless otherwise mutually agreed to in writing by the County
and the Union, a grievance not advanced to the next step in the grievance
procedure shall be deemed to have been permanently withdrawn and as having
been settled on the basis of the decision most recently given. Failure of the
County=s representative to answer within the time limit set forth in any step of
the procedure, unless an extension of time has been mutually agreed to in
writing by the Union and the County, will entitle the grievant to proceed to the
next step.
s.a Consolidation of Grievances. Either the County or the Union may
consolidate at any step grievances on similar issues or disputes.
5.9 Employee=s Representative. The County and Union agree that nothing
in this Agreement shall be construed to prevent any public employee from
presenting, at any time, his or her own grievance in person to the County and
having such grievance resolved without the intervention of the Union, provided
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that the resolution is not inconsistent with the provisions of this Agreement.
The Union will be given reasonable opportunity to have a representative
present, for observation purposes only, at any meeting called for the resolution
of the grievance. No grievant shall have the right to initiate proceedings with
the Federal Mediation and Conciliation Services, as this right is reserved
exclusively to the Union.
5.10 Grievance Not To Be Heard Outside Of Procedures. The Union and
County agree that no County Commissioner nor the County Administrator shall
be approached, contacted, notified either verbally or in writing, or otherwise
apprised of the pendency of a grievance by the grievant, Union officer, Union
member, or employee covered by the Union as bargaining agent, when the
purpose is to have the County Commissioner or the County Administrator
intervene in the grievance proceeding at any level. Upon due proof of a
violation of this provision, the individual or individuals determined to have
committed the violation shall be disciplined. Nothing in this Section 5.10 shall
be interpreted, applied, or deemed to be applied in such a way as to interfere
with, limit, or otherwise abridge any employee=s right to freedom of speech as
such right is defined or interpreted by the federal or Florida constitution or
federal or state law.
5.11 Federal Mediation And Conciliation Service Arl}itration (FMCS).
5.11.1 Intent To Proceed. The determination to proceed under this
Section shall be only by the Union or the County. Within seven (7) working
days after the decision by the County Administrator or his designee as provided
for in Section 5.4,3.2, or pursuant to Section 5.5, either the County or the
Union shall announce its intention to proceed to arbitration by providing the
other party with a copy of the FMCS Form requesting appointment of
arbitrators.
5.11.2 Selection of Arbitrator. Selection of an arbitrator will take
place according to the rules and procedures of the Federal Mediation and
Conciliation Service. As promptly as possible after the arbitrator has been
selected, the arbitrator shall conduct a hearing between the parties and
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consider the subject matter of the grievance. The arbitrator will be requested to
serve his decision upon the County and the Union within 30 days of the close of
the hearing.
5.11.3 Payment of Exoenses. The expenses of the arbitrator shall be
paid by the party losing the award. If a grievance presents more than one (1)
issue, or if the arbitrator splits an award between the parties, the arbitrator in
the award shall decide the division of the arbitrator's fee.
5.11.4 Partv=s Costs. Each party shall be exclusively responsible for
compensating its own representative(s) and witnesses. If a court reporter or
verbatim record of the proceeding is desired, and the County and the Union do
not otherwise agree in writing, the expenses of the reporter and the cost of the
transcript shall be paid by the party requesting such reporter or transcript.
5.11.5 Limitation on Arbitrator. The power and authority of the
arbitrator shall be strictly limited to determination and interpretation of the
express terms of this Agreement, and the arbitrator shall not have the power to
add to, subtract from, modify, or alter the express terms of this Agreement.
The decision of the arbitrator is final and binding on both parties. No decision of
any arbitrator or of the county in one instance shall create a basis for
retroactive adjustments with reference to any prior occurrences not a part of
the grievance, unless otherwise agreed by both parties.
5.11.6 Limitation on Back Wages. All awards for back wages shall be
limited to the amount of wages, and seniority that the grievant
otherwise would have earned from the County, less any unemployment
compensation and other sums received either directly or indirectly through the
County during the period for which back pay was awarded.
ARTICLE 6: SENIORITY, LAYOFFS, RECALL.
6.1 Seniority Aoolication. Classification seniority shall be used for
determining station assignments, as appropriate and consistent with the
County=s management rights. Department seniority shall be used for resolving
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all other issues concerning seniority, as appropriate and consistent with the
County=s management rights.
6.2 Seniority Determination. Classification seniority for employees within
the same classification or rank shall be based upon the individual employee=s
last date of permanent hire. Department seniority for employees having the
same date of permanent hire shall be based upon the longer time in
classification, e.g. when two or more employees have the same last date of
permanent hire, their relative seniority shall be determined first by their time in
the highest attained classification or rank, and if this factor is equal for the
employees involved, then their relative seniority shall be determined by lot.
6.3 Loss of Seniority. An employee shall lose his or her status as an
employee and his or her classification seniority, rank, and department seniority
if:
6.3.1 Resi9ns or Quits. The employee resigns or quits.
6.3.2 Discharged. The employee is discharged for just cause.
6.3.3 Retirement. The employee retires and ceases to perform any
services for the County. Enrolling into the Florida Deferred Retirement Option
Plan (DROP) shall not be considered a retirement.
6.3.4 Lay Off. The employee has been laid off for a period of time equal
to his or her department seniority at the time of the employee=s layoff, or one
(1) year, whichever is the lesser period of time.
6.3.5 Absence.
6.4 Lavoffs.
6.4.1 Order of Layoffs. At such time or times as the County may
determine it is necessary to reduce the work force of the employees
represented by the Union, the layoff of employees shall occur in the following
order and in accordance with department seniority:
6.4.1.1 First Level. Temporary, part-time, trainee, and seasonal
employees shall be the first level of staffing to be laid off.
6.4.1.2 Second Level. Probationary hires and non-permanent
full-time employees shall be the second level of staffing to be laid off.
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6.4.1.3 Third Level. Full-time permanent employees shall be the
third level of staffing to be laid off.
6.4.2 Permanent Employee Lavoffs.
6.4.2.1 Basis. Permanent employees shall be laid off on the basis
of their seniority classification within the classification or rank.
6.4.2.2 Management Right. Classifications or ranks to be
reduced in number of employees through layoffs shall be determined by the
County in the exercise of its management rights.
6.4.3 ABumoing@ Rights.
6.4.3.1 Within Department. Employees who are represented by
the Union and who are properly laid off shall not have bumping rights to any
other department or division of the County.
6.4.3.2 Union Positions Exclusive. Employees who are laid off
from any other department or division of the County shall not have bumping
rights to any position represented by the Union.
6.4.3.3 Ranking Order. For purposes of bumping rights w in
of employees covered by this Agreement h IS first
em ployee ouL
6.4.3.4 Bumpina Down. When an employee above the rank or
classification of Airport Rescue Firefighter is notified he or she is to be laid off,
he or she shall have the right to bump down to the next lower rank. If the
employee elects to bump down, the least senior employee in seniority
classification in the next lowest rank shall either be laid off or have the right to
bump down, and this procedure shall be followed on down until the least senior
employee in seniority classification has been reached, and this person shall be
laid off.
6.4.4 Notice of Lavoffs. Upon the determination of the intent to
reorganize staffing levels resulting in one or more employee layoffs, the County
Administrator shall advise the Union president of the determination in writing as
soon as practicaL Any employee identified to be laid off shall be notified in
writing of the reason or reasons for the layoff and the effective date of the
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layoff. Such written notice shall be given to the employee at least (60)
days prior to the effective date of the layoff. The notice shall be considered
delivered as of the day it is hand-delivered to the employee or as of the day it is
placed in the United States Mail, postage prepaid, and addressed to the
employee""s address as shown current in the employee""s personnel file.
6.4.5 Recall. The County shall establish a (2) year rehire list when
any layoff occurs. Such list shall contain the name and classification or rank of
the employees who were laid off, with the names listed in order of seniority
within the classification or rank. No person who is not on the rehire list may be
hired until the rehire list is exhausted.
6.4.6 Rehire. When rehire occurs, the County shall reflll the job within
each classification or rank with the qualified individual who is next on the recall
seniority list. Should no qualified individual on the rehire list accept the rehire
offer, the County shall be free to hire any qualified individual in accordance with
County hiring policies. Rehire notices shall be sent by certified mail, return
receipt request, to the listed employee, allowing seven (7) calendar days after
receipt for acceptance or rejection of the rehire offer.
6.4.7 Rehire Qualifications. Any person laid off and subsequently
rehired within six months of the date of layoff shall be considered to be qualified
for the classification or rank to which rehired, provided any certification for the
position required by the State of Florida is in full force and effect. Individuals
who are rehired after six months of layoff shall be required to successfully pass
a position-related medical examination and show compliance with all State of
Florida certification requirements.
ARTICLE 7: CERTIFICATION, STANDARDS, AND TRAINING
7.1 Firefighters. The County=s goal is to employ individuals to perform
firefighting duties who possess a current, valid minimum standards certificate of
compliance issued to that individual in accordance with the provisions of Section
633.34 and Section 633.35, Florida Statutes, and applicable provisions of the
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DRAFT -12/08/05 -12:36 p.m.
Florida Administrative Code.
7.1.1 Firefi9hter Trainees. The County may, on a case by case basis,
temporarily employ an individual to perform firefighting duties who does not
possess the minimum standards certificate of compliance. Such individual shall
be classified as a Atrainee@, and shall be paid a base salary equal to ninety
percent (900/0) of the base salary of an entry-level firefighter/EMT.
7.1.2 Temoorarv Employment. A trainee shall be temporarily
employed for a period not to exceed one year. During temporary employment,
the County may, but is not obligated to, provide the opportunity for the trainee
to attend a minimum standards firefighting academy at the County=s expense.
Upon obtaining the minimum standards certificate of compliance, the trainee
shall become a regular employee, shall be paid at the base salary rate of an
entry-level Firefighter/EMT, and shall begin the probationary period of
employment.
7.1.3 Termination of Emoloyment. The employment of a trainee who
fails to receive the minimum standards certificate of compliance shall not be
continued beyond the one-year period.
7.1.4 Repavment Agreement. Individuals for whom the County
provides the opportunity to attend a minimum standards firefighting academy
at the County=s expense shall be required to enter into a repayment
agreement. The terms and conditions of the repayment agreement shall be
substantially in the form attached to this Agreement as EXHIBIT B.
7.1.5 ContinuinCJ Certification Trainina. The County shall provide
those training nities, both on-duty and off-duty, that are sufficient to
maintain those firefighting and S skills certification as minimally required by
the State of Florida and Monroe County.
7.2 Emergencv Medical Technician (EMT) Certification. Individuals
employed by Monroe County on a temporary or regular basis to perform
firefighting duties shall possess certification by the State of Florida as an
Emergency Medical Technician pursuant to the provisions of Chapter 401,
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Florida Statutes, and applicable Florida Administrative Code rules. The County
shall provide those training hours, both on-duty and off-duty, that are sufficient
to maintain EMT skills certification as minimally required by the State of Florida
and Monroe County.
7.3 Paramedics. The County=s ultimate goal is to provide professional fire
rescue services through the employment of firefighters who are also certified by
the State of Florida as a paramedic pursuant to the provisions of Chapter 401,
Florida Statutes, and applicable Florida Administrative Code rules.
7.3.1 Paramedic Trainees. The County may, on a case by case basis,
temporarily employ an individual to perform firefighting duties who does not
possess certification as a Paramedic. Such individual shall be classified as a
Atrainee@, and shall be paid a base salary equal to ninety percent (900/0) of the
base salary of an entry-level Firefighter/Paramedic.
7.3.2 Temporarv Emoloyment. A trainee shall be temporarily
employed for a period not to exceed one year. During temporary employment,
the County may, but is not obligated to, provide the opportunity for the trainee
to attend Paramedic training at the County=s expense. Upon obtaining
certification as a Paramedic, the trainee shall become a regular employee, shall
be paid at the base salary rate of an entry-level Firefighter/Paramedic, and shall
begin the probationary period of employment.
7.3.3 Termination of Emoloyment. The employment of a trainee who
fails to receive certification as a Paramedic shall not be continued beyond the
one-year period.
7.3.4 Reoavment Agreement. Individuals for whom the County
provides the opportunity obtain certification as a Paramedic at the County=s
expense shall be required to enter into a repayment agreement. The terms and
conditions of the repayment agreement shall be substantially in the form
attached to this Agreement as EXHIBIT B.
7.3.5Continuing Certification Trainina. The County shall provide
those training hours, both on-duty and off-duty, that are sufficient to maintain
those paramedic and firefighting skills as minimally required by the State of
32
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Florida and Monroe County.
7.4 Initial Paramedic Certification For Firefighter/EMT Employees.
7.4.1 Eligibility. At the discretion of the County, non-probationary
regular Unit members may be provided the opportunity to become certified
under Florida law as a paramedic.
7.4.2Schedulina and Approval. The Unit member, the Union, and the
County Fire Chief shall jointly discuss and agree in writing concerning the
timing, conditions of attendance, and location of training to achieve Paramedic
certification. One condition shall include a Repayment Agreement in
substantially the form contained in Exhibit B. The certification training shall be
at the expense of the County.
ARTICLE 8: SALARIES AND SUPPLEMENTS
8.1 Base Salary. Base salaries and step increases for positions covered by
this Agreement are attached hereto as EXHIBIT C, and made a part of this
Agreement by reference.
10 yt
s H
Step increases are on rgain unit member's
an ry date,
8.2 State Mandated Educational Suoplement. In accordance with the
provisions of Section 633.382, Florida Statutes, and in accordance with the
provisions of Rules 69A-37.082 through 69A-37.089, Florida Administrative
Code, the County shall be responsible for, and shall pay, to eligible employees
the following amounts:
8.2.1 Associate Dearee. For employees holding an associate
degree, the sum of $50.00 per month, not to exceed a total of $600.00 per
calendar year.
8.2.2 Bachelor Degree. For employees holding a bachelor=s
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degree, the sum of $110.00 per month, not to exceed a total of $1,320.00 per
year.
8.2.3 Dual Degrees. If an employee holds both an associate
degree and a bachelor=s degree, the employee shall receive only the
supplement for the bachelor=s degree.
8.3 Eligibility For State Mandated Educational Suoolement. Eligibility for
the state mandated supplement shall be determined in accordance Section
633.382, Florida Statutes, and in accordance with the provisions of Rules 69A-
37.082 through 69A-37.089, Florida Administrative Code.
Base Salary. roup base sa shauld be
compensated in a level method. Base salary should be divided by the
annual number af pay periods (26 currently). Overtime and other
special pay II be paid in accordance with County payroll procedures.
8.5 Hold-Over Time, Call Back Time, and Early Reoortina Time Salary
Suoplements.
8.5.1 Hold Over Time. AHold Over Time@ shall mean the work time
when an employee is required to work beyond the end of his or her regularly
scheduled work shift.
8.5.2 Call Back Time. ACal1 Back Time@ shall mean the time when,
after an employee has completed his or her normal shift and has departed the
work site without any expectation of returning to work before his or her next
regularly scheduled shift, the employee has been contacted to report for work
and does in fact report for work. Call Back Time shall commence when the
employee reports to the work site and shall end when the employee completes
the work and departs from the work site. Call Back Time shall consist of a
minimum of four hours of work.
8.5.3 Early ReDorting Time. AEarly Reporting Time@ shall mean the
time an employee is required to report to work, for a regularly scheduled work
shift, at a time earlier than the normal starting time for the regularly scheduled
work shift.
34
DRAFT - 12/08/05-12:36 pan.
8.5.4 Compensation. Compensation for Hold Over Time, Call Back
Time, and Early Reporting Time shall be paid at the regular and overtime rates
in accordance with the calculation of the hours worked by the employee during
the regular work cycle.
lL.fi. Overtime Pay. Overtime Pay shall be calculated at the rate of one and
one-half times the regular hourly rate of pay. Overtime Pay shall be paid
for each hour worked in excess of two hundred four (204) hours during
the work cycle.
ILZ Flight Pay.
8,7.1 Rate. ra or Fi ra ware
n
as
shall be
s or her norma! rate pay during the
time
e is
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ua
u
me
ose hours
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8.7.2
Assignment Rate. ight
reflg r/Para assigned a
designated to a flight-medic, and
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qua
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-aTe
further assigned an
,"~
<1
ivac missionf
a salary su ual to
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e u
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35
DRAFT - 12/08/05 - 12:36 p.m.
ARTICLE 9: EMPLOYMENT BENEFITS
9.1. Apolicability. The benefits listed in this Article and elsewhere in this
Agreement apply only to full-time personnel unless expressly stated otherwise.
9.2. Annual {Vacation> Leave.
9.2.1 Employees whose normal duty assignments involve shift work
usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be
referred to as a A24/48 schedule@) shall earn annual leave while employed full-
time by the County.
9.2.2 An employee shall commence earning annual leave beginning with
the first day of work following employment or re-employment, provided an
entire pay period is worked.
9.2.3 An employee who has had a break in employment of 60 hours or
more shall earn annual leave, upon reinstatement or re-employment, at the
rate established for newly-hired employees.
9.2.4 An employee shall earn annual leave in accordance with the
following schedule:
9.2.4.1 During the 1st, 2nd, and 3rd years of employment, annual
leave shall be earned at the rate of five (5) hours per pay-period, with the total
number of hours earned not to exceed one hundred thirty (130) hours in a
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calendar year.
9.2.4.2 During the 4th through 10th years of employment, annual
leave shall be earned at the rate of six and one-quarter (6.25) hours per pay-
period, with the total number of hours earned not to exceed one hundred sixty-
two and one-half (162.5) hours in a calendar year.
9.2.4.3 During the 11th through 15th years of employment, annual
leave shall be earned at the rate of seven and one-half (7.5) hours per pay-
period, with the total number of hours earned not to exceed one hundred
ninety-five (195) hours in a calendar year.
9.2.4.4 During the 16th year of employment and for each year
thereafter, annual leave shall be earned at the rate of eight and three-quarters
(8.75) hours per pay-period, with the total number of hours earned not to
exceed two hundred twenty-seven and one-half (227.5) hours in a calendar
year.
9.2.5 The application, administration and interpretation of annual leave
benefits shall be in accordance with the applicable provisions of Monroe County
Administrative Procedures and any addenda thereto, as may be amended from
time to time. Any provision of the Administrative Procedures or any addenda
which is in direct conflict with any provision in this Agreement is superseded by
this Agreement to the extent of such conflict.
9.3. Sick Leave.
9.3.1 Employees whose normal duty assignments involve shift work
usually consisting of 24 hours on-duty followed by 48 hours off-duty (as may be
referred to as a A24/48 schedule@) shall earn sick leave while employed full-
time by the County.
9.3.2 An employee shall commence earning sick leave beginning with
the second pay period following employment or re-employment.
9.3.3 An employee who has had a break in employment of sixty (60)
hours or more shall earn sick leave, upon reinstatement or re-employment, at
the rate established for newly-hired employees.
9.3.4 An employee shall earn sick leave at the rate of five (5) hours per
37
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pay-period, with the total number of hours earned not to exceed one hundred
thirty (130) hours in a calendar year.
9.3.5 An employee who has an accrued an unused sick leave balance of
more than four hundred eighty (480) as of September 30th in any year shall
have the option to either:
9.3.5.1 Receive payment for hours accrued and unused in excess
of four hundred eighty (480) hours, multiplied by the employee=s then current
rate of pay as of September 30th of that year; provided, however, that the total
number of hours for which payment is received shall not exceed fifty-two (52)
in any year.
9.3.5.2 Elect to have the excess hours remain as accrued and
unused, provided the employee notifies the Personnel Office by September 1st
that the employee is foregoing payment for the excess hours.
9.3.6 An eligible employee may enroll in and receive the benefits of the
Monroe County Sick Leave Pool. Enrollment procedures and rules for the
operation of the Sick Leave Pool are found in Monroe County Administrative
Instruction 4702, as amended from time to time, and these procedures and
rules shall be used in the administration of the Sick Leave Pool program.
9.3.7 The application, administration and interpretation of sick leave
benefits shall be in accordance with the applicable provisions of Monroe County
Administrative Procedures and any addenda thereto, as may be amended from
time to time. Any provision of the Administrative Procedures or any addenda
which is in direct conflict with any provision in this Agreement is superseded by
this Agreement to the extent of such conflict,
9.4. Holidav Leave.
9.4.1 The County has recognized certain days to be holidays, during
which most County offices are normally closed. The County and Union agree
that the County=s firefighting and emergency rescue services are, and shall be,
available during holidays, and that some bargaining unit members will be
required to work during designated holiday periods.
9.4.2 The applicatio"n, administration and interpretation of hOliday leave
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benefits shall be in accordance with the applicable provisions of Monroe County
Personnel Policies and Procedures and any addenda thereto, as may be
amended from time to time. Any provision of the Personnel Policy and
Procedures or any addenda which is in direct conflict with any provision in this
Agreement is superseded by this Agreement to the extent of such conflict.
9.5. Uniform And Personal Gear; Maintenance. The County and Union
agree that certain uniform and protective equipment shall be supplied and/or
maintained by the County under the following terms and conditions:
9.5.1 Uniforms, Initial Issuance. The County agrees to issue to each
Unit member the following uniform items:
ITEM DESCRIPTION NUMBER ISSUED
Shirt, Long Sleeve, Blue, w/ Insignia Two
Shirt, Short Sleeve, Blue, w/Insignia Two
Shirt, AT@, w/Insignia Five
Suit, Jump, w/Insignia One
Coat, Rain One
Jacket, w/Insignia One
Pa nts Two
Shirt, Polo, Grey, w/Insignia Two
Badge One
Name Tag One
Station Shoes/Boots One Pair
9.5.2 Uniforms, Replacement. Any uniform item which, as
determined by the County, has been destroyed, damaged beyond economical
repair, or which is otherwise unusable or unsightly due to wear and tear shall
be replaced by the County at the County=s expense.
9.5.3 Uniforms, Maintenance. The County agrees to provide at each
39
DRAFT - 12/08/05 - 12:36 p.m.
work site a clothes washer and clothes dryer for use by Unit members to clean
and dry issued items of uniform clothing.
9.5.4 Uniforms, Class A. At such time as the County adopts a Class A
(Formal) uniform for fire/rescue personnel, the County shall issue one Class A
uniform to each Unit member who has been a Unit member for three or more
consecutive yea rs of service.
9.5.4.1 The uniform shall be owned by the County, and upon
termination, other than retirement, from employment a Unit member shall
return the issued Class A uniform to the County, or shall pay to the County the
full cost of replacement of the uniform.
9.5.4.2 Any Unit member to whom a Class A uniform has been
issued, and who retires from service while still a Unit member, shall be entitled,
upon his or her request, to retain the Class A uniform as his or her property.
9.5.5 Footwear, Aooroved. The County shall have the right to
designate the type, model, and supplier of footwear (station shoes/boots) to be
worn by Unit members while performing services for the County. Only the
purchase of approved footwear shall entitle the Unit member to reimbursement
as provided below.
9.5.6 Footwear, Reimbursement. A Unit member shall be entitled to
reimbursement in an amount up to Three Hundred Dollars ($300.00) each odd-
numbered year for the purchase of approved footwear to be used by the Unit
member while performing services for the County. The Unit member shall
submit sales receipts in form suitable to the County showing the date, item
purchased, and total amount to be reimbursed, and reimbursement shall be
processed and payment made in accordance with the County=s usual practices
and procedures.
9.5.7 Footwear, Supplier Contract. In the event that the County
enters into an agreement with any entity to be a footwear supplier to the
County for purposes of providing footwear to Unit members, the procedures put
into place by the County pursuant to the contract shall be the approved method
for acquiring footwear by Unit members.
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DRAFT - 12/08/05 - 12:36 p.m.
9.5.8 Personal Protective Gear, Issuance. The County agrees to
issue to each Unit member the following personal protective gear:
ITEM DESCRIPTION NUMBER ISSUED
Coat, Bunker One
Pants, Bunker One
Boots, Protective One Pair
Gloves, Protective One Pair
Hood, Fire Resistant One
Helmet, Fire One
Suspenders, Pants One Pair
Bag, Mask One
Mask, MSA, Complete One
Pack, AFanny@ One
Sleeves, Protective One Pair
Glasses, Safety One Pair
Shears, Trauma One Pair
9.5.9 Personal Protective Gear, Replacement. Any item of personal
protective gear which, as determined by the County, has been destroyed,
damaged beyond economical repair, or which is otherwise unusable or unsightly
due to wear and tear shall be replaced by the County at the County=s expense.
9.5.10 Personal Protective Gear. Maintenance. The County agrees
to clean and repair a Unit member=s items of personal protective gear at such
times as may be deemed necessary from time to time by appropriate
supervisory personnel.
9.6. Health And Medical Coverage. The County agrees to to Unit
members coverage under a Medical Insurance Plan, a Pharmaceutical Co-Pay
Plan, an Employee Assistance Plan, and make avai Unit mem rs a
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DRAFT -12/08/05 -12:36 p.m.
Payroll Deduction Plan for Vision and Dental Services. These plans shall be
offered under the same terms, conditions, and limitations as offered to other
County employees, as amended or changed from time to time.
9.7. Life Insurance. The County agrees to provide life insurance coverage
for each Unit member in the amount of Twenty Thousand Dollars ($20,000.00)
at no premium cost to the Unit member. Such coverage shall be of the type
provided to other County employees and shall be with such underwriter or
underwriters as the County may select from time to time.
9.8. Phvsical/Medical Examinations
9.8.1 The County and Union agree that, among other considerations,
eligibility of bargaining unit employees to receive certain presumptions and
entitlements relative to communicable diseases, disability, and other benefits
requires a physical/medical examination of the employee had been conducted
prior to the occurrence of the event or condition upon which the presumption or
entitlement is based. Additionally, a physical/medical examination evincing
good physical condition is required by Section 633.34, Florida Statutes, as a
pre-condition of employment as a firefighter. The County and Union further
agree that physical/medical examinations for bargaining unit employees in
addition to Apost-offer, pre-employment@ physical/medical examinations is
warranted by the nature of the bargaining unit members"" duties.
9.8.2 Initial Phvsical/Medical Examination. The County agrees to
provide a post-offer of employment physical examination to an applicant to be
hired for a position included in the bargaining unit. The physical examination
shall be administered in accordance with applicable provisions of the Americans
with Disabilities Act (AADA@) and appropriate Monroe County Personnel Policies
and Procedures and addenda thereto. The cost of the physical examination
shall be paid for by the County, and the minimal scope, content and
documentation of the physical examination shall be in accordance with the
requirements of the Division of State Fire Marshal, Bureau of Fire Standards
and Training.
9.8.3 Periodic In-Service Physical/Medical Examination. The
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County agrees to provide a physical/medical examination to each full-time
employee covered by this Agreement at such times and in such extent as
provided for in Section 2-4, Chapter 2, of Standard 1582 n of the
National Fire Protection Association, entitled Medical Requirements for
Firefighters and Information for Fire Department Physicians. The County will use
its good faith efforts to schedule the physical/medical examination for an
employee during the 30 days immediately prior to, or the 30 days immediately
after, the employee=s hire anniversary date; however, it shall also be the
responsibility of the employee to make appropriate notification to the County of
the need for the scheduling of the physical\medical examination. The failure of
the County to meet this general scheduling requirement for physical\medical
examinations shall not be subject to the grievance procedures provided for
elsewhere in this Agreement. The cost of the physical\medical examination
shall be paid for by the County. [lure of curre
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9.8.4 Special Incident Physical Examination. The County agrees to
provide a physical\medical examination to any full-time employee who has been
exposed to an infectious or contagious disease while in the performance of the
employee=s duties for the County. Additionally, the County agrees to provide a
physical\medical examination to a full-time employee who has been involved in
any incident while in the performance of the employee=s duties for the County
which, as generally and commonly recognized in the medical community, would
require a physical\medical examination. The performance of such
physical\medical examination shall be within a medically reasonable period of
time after the exposure or incident, and the cost of the physical\medical
examination shall be paid for by the County.
9.8.5 Fitness For Dutv Examinations. The County shall have the
right to require an employee to undergo a physical examination or mental
examination, or both, when it appears that the employee has exhibited an
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DRAFT - 12/08/05 - 12:36 p.m.
action or conditions that are readily observable to a reasonable and prudent
person and which would lead such a person to reasonably believe that the
employee may not be able to fully perform his or her duties. The cost for the
examination or examinations shall be paid for by the County, the examination
or examinations shall be performed by the professional designated by the
County, and the results of the examination shall be reported in the manner
required by the County. If any applicable federal or state law shall require that
the employee who has been examined in accordance with this section provide
written consent for the release of the examination information to the County,
the employee shall provide such written consent conditioned upon the County
maintaining the confidentiality of the information received and the County shall
only release the information as required by federal or Florida law or by lawful
order issued by a court or administrative tribunal having competent authority to
issue such an order.
9.8.6 Documentation of Physical/Medical Examinations. For
physical/medical examinations administered in accordance with Sections .7.2
and .7.3 above, the documentation of the physical/medical examination shall be
provided to the County on Forms identified as Figure E-l, NFPA Physical Exam
Summary (2000 Edition) and Figure E-2, NFPA Medical Examination Form (2000
Edition). The minimal requirements for reporting shall include a complete
medical history and general physical examination; urine drug screen for all
drugs identified by the County from time to time in accordance wIth state
; complete blood screen as identified by the County from time to time in
ance ; chemistry and lipid profile; audiogram, 12-lead
electrocardiogram with interpretation and report; chest x-ray, and treadmill
stress testi ng.
9.9. Firefighter Death Benefits
9.9.1 Florida Law. Section 112.191, Florida Statutes, requires the
County to provide certain benefits to a firefighter, the firefighter=s surviving
spouse, and any surviving children of a firefighter who dies, is killed, or suffers
a catastrophic injury under conditions specified in Section 112.191.
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DRAFT - 12/08/05 - 12:36 p.m.
9.9.2 Amounts. The amounts to be paid by the County under this law
range from $50,000 to $150,000 per firefighter, with such amounts subject to
adjustment as determined by the State Fire Marshal, and such payments shall
be in addition to any worker=s compensation and pension benefits.
Additionally, the County will pay the entire health insurance plan premium for
the firefighter and his or her spouse and children under the conditions specified
in Section 112.191.
9.9.3 Budgeting. The County agrees to budget each year for the
anticipated costs of providing the benefits under Section 112.191. The amount
of reserves, insurance expenses and other costs related to the benefits to be
provided shall be in such amounts to be solely determined in good faith by the
County. Additionally, the County shall have the right to provide for the
payment of these benefits through self-insurance, appropriate insuring policies,
or a combination thereof. The cost of any insurance premiums shall be paid by
the Cou nty.
9.9.4 Aoolicable Rules. The provisions of Section 9.8 shall be
administered consistent with the provisions contained in Rules 69A-64.001
through 69A-64.005, Florida Administrative Code.
9.10. Florida Retirement System Contributions.
9.10.1 Florida Law. All full-time employees of the County are required
to participate in the Florida Retirement System (FRS). Bargaining unit
members are classified as Aspecial risk@ employees under the FRS, which
requires the County to make contributions to the FRS on a higher percentage
basis than for regular members of the FRS.
9.10.2 Budgeting. The County agrees to budget each year for the
anticipated total amount of contributions to be made to the FRS on account of
the bargaining unit members.
9.10.3 No Member Contribution. Bargaining unit members shall not
be required or obligated to contribute any sums to the FRS; provided, however,
that if in the future the state law changes in this regard, this provision of the
Agreement shall be automatically amended to conform with the statutory
45
DRAFT - 12/08/05 - 12:36 p.m.
provisions.
9.11. Educational Expense Reimbursement.
9.11.1 General. The County agrees to reimburse employees for
educational expenses incurred by the employee under the following terms and
conditions:
9.11.1.1 Eligibility. The employee must have been employed
full-time by the County for at least one year immediately prior to applying for
reimbursement, and the employee must not be in an initial or extended
probationary status.
9.11.1.2 Prohibitions. The employee shall not utilize any space,
personnel, equipment or supplies provided by the County in the process of
fulfilling any of the requirements of the coursework for which the employee is
being reimbursed.
9.11.1.3 New Coursework. The coursework must not be
duplicative of any coursework for which the employee has been previously
reimbursed by the County, unless ui by 7.1.5.
9.11.2 Administration. The application, administration and
interpretation of educational reimbursement benefits, and the amounts to be
paid, shall be in accordance with the applicable provisions of Monroe County
Personnel Policies and Procedures and any addenda thereto, as may be
amended from time to time. Any provision of the Policies and Procedures or of
any addenda which is in direct conflict with any provision in this Agreement is
superseded by this Agreement to the extent of such conflict.
9.12 Communicable Disease Immunization.
9.12.1 Acknowledgment of Risk. The County and Union agree that
the bargaining unit members run a high risk of occupational exposure to
hepatitis, meningococcal meningitis, and tuberculosis, and the County should
provide such immunizations a s th
9.12.2 Records and Notification. The County shall maintain a record
of any known or reasonably suspected exposure of a bargaining unit member to
the diseases described in Section 9.12.6, and the County shall immediately
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DRAFT -12/08/05 -12:36 p.m.
notify the employee of such exposure.
9.12.3 Member to Report. Each bargaining unit member who has
knowledge of known or suspected occupational exposure to the diseases
described in Section 9.12.6 shall immediately file a report of the incident to the
a su L
9.12.4 Immunization. Each bargaining unit member shall be
inoculated against hepatitis upon employment or as may be medically required
in order to have current immunization against hepatitis. The County shall pay
for the costs of such immunization. m lmmuni
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9.12.5 Future Circumstances; Reauirements. Whenever any
standard, medically recognized vaccine or other form of immunization or
prophylaxis exists for the prevention of a communicable disease recognized in
Section 112.181, Florida Statutes, the County may require bargaining unit
members to undergo the immunization or prophylaxis; provided, such
immunization or prophylaxis is medically indicated in the given circumstances
pursuant to immunization policies established by the Advisory Committee on
Immunization Practices of the United States Public Health Service and the
employee=s physician has not determined in writing that the immunization or
prophylaxis would pose a significant risk to the employee=s health.
9.12.6 Required Screening For Statutory Presumotions.
9.12.6.1 Florida Law. Section 112.18 and Section 112.181,
Florida Statutes, provides that, under certain conditions, specified illnesses and
injuries shall be presumed by law to have been accidental and to have been
suffered in the line of duty, provided a medical examination had been
previously conducted upon the employee or the employee has executed a
written affidavit as provided in Section 92.50, Florida Statutes.
9.12.6.2 Screenings And Affidavits. The County agrees to
provide the medical screenings, as part of the physical and medical
examinations provided for in Section 9.8 of this Agreement.
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DRAFT - 12/08/05 - 12:36 p.m.
9.13 Public Records Exemptions.
9.13.1 Florida Law. Chapter 119, Florida Statutes, provides
protections against certain information being available to the public under the
Florida Public Records law.
~.13.2 Exemot Information. The County and Union agree that the
home addresses, telephone numbers, and photographs of firefighters certified
in compliance with Section 633.35, Florida Statutes; the home addresses,
telephone numbers, photographs, and places of employment of the spouses and
children of such firefighters; and the names and locations of schools and day
care facilities attended by the children of such firefighters are exempt from
inspection under Section 119.01, Florida Statutes.
9.13.3 Protection of Exemotion. The County agrees that, when any
request is received under the Florida Public Records law to inspect any record
maintained by the County relating to a member of the bargaining unit, the
County will take such steps as are reasonably required to redact, omit, cover
up, or otherwise eliminate from the records to be inspected such information as
is listed in Section 9.12.2.
9.14 Workers' Comoensation Premiums.
9.14.1 Coveraae and Benefits. All full-time Unit member employees
of the County are participants in the Florida Workers' Compensation program
and are entitled to receive such coverages and benefits as provided by the
Florida Workers' Compensation law.
9.14.2 Budgeting. The County agrees to budget each year for the
anticipated total amount of claims and excess insurance premiums to be paid
for workers' compensation coverage of, and payments on behalf of, the
bargaining unit members.
9.14.3 No Member Contribution. Bargaining unit members shall not
be required or obligated to contribute any sums towards workers' compensation
insurance premiums; provided, however, that if in the future the state law
changes in this regard, this provision of the Agreement shall be automatically
48
DRAFT - 12/08/05 - 12:36 p.m.
amended to conform with the statutory provisions.
9.15 Unemoloyment Compensation Benefits.
9.15.1 Florida Law. In general, employees of the County are entitled
to the rights and benefits provided by the Florida Unemployment Compensation
law.
9.15.2 Budgeting. The County is a Areimbursable employer@ under
the law, and agrees to pay each year the total amount of unemployment
benefits to be repaid to the State of Florida for unemployment compensation
benefits payable to or on account of bargaining unit members.
9.15.3 No Member Contribution. Bargaining unit members shall not
be required or obligated to contribute any sums as contributions towards
unemployment compensation benefits; provided, however, that if in the future
the state law changes in this regard, this provision of the Agreement shall be
automatically amended to conform with the statutory provisions.
9.16 Federal Government Contributions.
9.16.1 FICA and Medicare. The County agrees to remit to the federal
government on a timely basis all amounts owed as the employer=s portion of
FICA and Medicare contributions attributable to the employment by the County
of each Unit member.
9.16.2 Emoloyee Withholding. The County agrees to deduct from
each Unit member=s salary and wages all amounts owed by the employee to
the federal government for the employee=s share of FICA and MediCare
contributions, and withholding and forwarding of federal income tax obligations.
9.17 Savings Bond Deductions. The County agrees to provide the
opportunity to Unit members and employees to participate in a Savings Bond
program through a payroll deduction plan. The program shall be administered
by the County in accordance with its standard practices, as may be amended
from to time.
9.18 Direct Deoosit Payroll Option. The County agrees to provide a
program for direct deposit of a Union member=s and employee=s pay into a
financial institution of the Unit member=s or employee=s choice, consistent with
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DRAFT - 12/08/05 - 12:36 p.m.
the policies and practices of the County, as may be amended from time to time.
9.19 Vears-of-Service Award Proqram. The County agrees to provide an
award program to recognize employees who have been employed by the
County for five years or more, and this program shall be administered as
provided in Section 2-15.6, Monroe County Code, as amended from time to
time.
ARTICLE X: MISCELLANEOUS PROVISIONS.
10. Term of Aareement: Effective Date.
10.1 Term. The term of this Agreement shall be for a period of three (3)
years, commencing at 12:01 A.M. on October 1, 2005, and ending on
September 30,2008, at 11:59 P.M.
.2 is Agreement all rem n in
and shall continue in
IS reached or imposed.
.3 Reopener. m al is with
(30) days to discuss specific issues wh n be agreed upon
mutual by both parties prior commencement of negotiation. In year 2
is contract can be reopened for r 3 of e for the rpose
an add Day.
1 L Bargaining Unit Work Security. During the term
the Employer shall assign or legate rgainlng u
I force a
d
ng any
and effect u
such
as a new
is Agreement,
any
manner
rl
rees
(com
t rescuer fire
on em
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adm
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marmert to
rescue or
r fire
curre fire
50
DRAFT -12/08/05 -12:36 p.m.
d of u r fire company that
unty is rmissible u
currently under
ThIs does not
covered under mutual a agreements or services
ic ba ing units a
in
prec!
the eve of
services. -
12. Construction. This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a
court of competent jurisdiction shalll1e in Monroe County, Florida.
13. Severabilitv. Should any word, phrase or provision of this Agreement be
declared illegal or invalid by a court of competent jurisdiction, such declaration
of illegality and/or invalidity shall not affect the remainder hereof.
.14. Entire Aareement. No statements, representations, or warranties,
whether written or oral or from whatever source arising, that were made or
alleged to have been made in the negotiation of this Agreement, or alleged as
being an inducement by or to either the County or the Union to enter into this
Agreement, shall have any validity between the County and the Union or be
binding on either the County or the Union, unless such statement,
representation, or warranty is expressly written into this Agreement.
15. Captions And Paragraph Headinas. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no
way define, describe, extend or limit the scope and intent of this Agreement,
nor the intent of any provision of this Agreement.
16. Exhibits.
16.1 Inclusion in Agreement. The Exhibits referred to in, and attached
to, this Agreement shall be incorporated into this Agreement and be a part of
this Agreement.
16.2 Additional Exhibits; Amendment of Exhibits. The County and
Union agree that one or more additional Exhibits may be added to this
Agreement, and that any Exhibit to this Agreement may be amended, changed,
or supplemented from time to time, provided that such addition, change,
51
DRAFT -12/08/05 -12:36 p.m.
amendment, or supplement shall be accepted and approved by both the Union
members and the County consistent with the procedures for ratification and
approval of agreements provided for in Chapter 447, Florida Statutes, and
further provided that only the added, changed, amended, or supplemented
Exhibit need be submitted for ratification and approval.
1.6.3 Changes to Section 16.4. The list of Exhibits provided in Section
16.4 of this Agreement shall be amended from time to time by the County to
reflect any additions, supplements, changes, or amendments ratified and
adopted from time to time as provided for in Section 16.2 of this Agreement.
16.4 List of Exhibits. The Exhibits to this Agreement are as follows:
16.4.1 Exhibit A: Union Certification Documentation.
16.4.2 Exhibit B: Repayment Agreement. To be added at
later date by mutual agreement.
1.6.4.3 Exhibit C: Base Salary And Step Increase Chart.
Pursuant to Section 447.309(1), Florida Statutes, the Above agreement is
agreed to by and between the bargaining agent and the chief executive officer
of Monroe County.
Baraainina Agent.
Professional Firefighters of Monroe County,
International Association of Firefighters,
Local 3909
By:
President
Date:
Chief Executive Officer:
By:
Tom Willi, County Administrator
Date:
This Collectively Bargained Agreement was bargained for and agreed to in
accordance with the provisions of Chapter 447, Florida Statutes, and Chapter
286, Florida Statutes; was submitted to the bargaining unit members and
ratified by a vote of votes for the Agreement and _ votes against the
Agreement; and after ratification was submitted to the Board of County
52
DRAFT - 12/08/05 - 12:36 p.m.
Commissioners for action.
Bargaining Agent.
Professional Firefighters of Monroe County,
International Association of Firefighters,
Local 3909
By:
President
Date:
The Board of County Commissioners, at a duly noticed and publicly held
meeting at , Monroe County, Florida, on ,
200_, approved the above Agreement by (unanimous) (majority) vote of the
Board Of County Commissioners, as follows:
VOTING FOR:
VOTING AGAINST:
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By:
Dixie M. Spehar, Mayor
Date:
ATTEST:
DANNY L. KOLHAGE,
Clerk of Court
By:
Deputy Clerk
Date:
53