Item P2BOARD OF COUNTY COMNIISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 12 2012 Division: County Attorne
Bulk Item: Yes X No Department: County Attorne
Staff Contact Person: Cynthia L. Hall x 3174
AGENDA ITEM WORDING:
Approval for County Administrator to sign collective bargaining agreement with IAFF Local 3909,
Units One and Two, including terms agreed to by the parties and disputed impasse issues resolved the
BOCC.
ITEM BACKGROUND: An impasse hearing was held at the July BOCC meeting when the parties
were unable to reach agreement on a contract after 18 months of negotiation. The parties had reached
tentative agreement on everything in the contract with the exception of 5 clauses. The BOCC imposed
a decision as to the clauses. Under F.S. Section 447.403(4)(e), following the resolution of the impasse
issues by the legislative body, the parties must reduce to writing an agreement which includes the
issues on which they have agreement, and the disputed impasse issues. The agreement must be signed
by the chief executive officer and the bargaining agent. This is a necessary step, although the County
has been informed that the union has already rejected the contract in a 28 -8 vote of their members.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMAI ENDATIONS: Approval
TOTAL COST: $-10.4 mill. BUDGETED: Yes X— No
COST TO COUNTY: 10.4 mill SOURCE OF FUNDS.
REVENUE PRODUCING: Yes X AMOUNT PER MONTH Year
APPROVED BY: County Atty, OMB/Purchasing Risk Management
DOCUMENTATION: Included To Follow Not Required X
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: IAFF Local 3909
Contract #
Effective Date: Oct. 1 2008
Expiration Date: Sept. 30, 2010
Contract Purpose/Description:
Collective bargaining agreement with Professional Firefighters of Monroe County,
International Association of Firefighters,
Local 3909, Units One and Two.
Contract Manager: Cynthia Hall
3174 County Attorney/7
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 12/12/2012
Agenda Deadline: 11/27/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ -$10.4 mill Current Year Portion: $
Budgeted? Yes® No El Account Codes: - - - --
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ lyr For:
(Not included in dollar Value above) (e g, maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director YesO No[]
Risk Management Yes[:] No❑
O.M.B./Purchasing Yes[:] No[:]
County Attorney Yes❑ No
Comments:
UMH Norm Revised 2127101 MCP #2
AGREEMENT BETWEEN
MONROE COUNTY, FLORIDA
PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3909
UNIT TWO
Page 1 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
TABLE OF CONTENTS
ARTICLE 1: INTRODUCTORY MATTERS .......................................... ..............................1
ARTICLE2: DEFINITIONS .................................................................... ..............................4
ARTICLE 3: UNION RIGHTS AND RESPONSIBILITIES .................. .............................10
ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES ..... .............................14
ARTICLE 5: GRIEVANCE PROCEDURE ............................................ .............................16
ARTICLE 6: SENIORITY, LAYOFFS, RECALL .................................. .............................21
ARTICLE 7: CERTIFICATION, STANDARDS, AND TR.AINING ... ............................... 24
ARTICLE 8: SALARIES AND SUPPLEMENTS .................................. .............................26
ARTICLE 9: EMPLOYMENT BENEFITS ..............................................
ARTICLE X: MISCELLANEOUS PROVISIONS ................................. .............................40
Page 2 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
THIS COLLECTIVELY BARGAINED AGREEMENT is entered into by the Board of
County Commissioners of Monroe County, Florida (hereinafter "County" or
"Employer ") and the Professional Firefighters of Monroe County,
International Association of Firefighters, Local 3909 (hereinafter "Union ",
Employee Organization ", "Organization ", or "Bargaining Agent ") pursuant to the
authority of Part II, Chapter 447, Florida Statutes; and hereafter this Agreement may
be referred to as the "Unit Two Agreement."
ARTICLE 1: INTRODUCTORY MATTERS,
1.1 Purimm The purpose of this Agreement is to set forth terms and conditions of
employment of the public employees Union and for the operation of the Fire/Rescue
Services provided by the County. Further, it is the intent of this Agreement to promote
effective protection of the residents of and Visitors to Monroe County; to p rovide for
the safety of the employee in the performance of his or her duties; to insure the
economy in the operation of the Fire/Rescue Services; to provide for the cleanliness,
maintenance, and proper care of equipment; to establish procedures for the fair and
peaceful adjustment of differences between the employee or Union and the County that
may arise from time to time; and to promulgate rules and regulations for ethical
conduct in business and relations between the employees, the Union, and the County.
Finally, it is the intent of this Agreement to provide for a great degree of harmony and
understanding between the County, the employee, and the Union.
1.2 Recoctnition and Cer ific i n gf Union M n amen Righ
1.2.1 Union Selection and Requell The Union is the employee organization
which has been selected by a majority of the Fire/Rescue Services employees of the
County for purposes of collective bargaining with the County and, in accordance with
Section 447.307(1 )(a), Florida Statutes, the Union has requested the County to
recognize the Union as the bargaining agent for the said employees.
1.2.2 Union Rec.Qgni, ion The County is satisfied as to the majority status of
the Union and the appropriateness of the proposed unit in accordance with Section
447.307(1 )(a), Florida Statutes.
1 . 2.3 Certificatign 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 Fire Rescue
Page 1 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 Excl_11sive . Manggement 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 lave. The
below enumerated rights are not exclusive, 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, 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
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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 temporaril
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, g includin the
size of operations, the determination of fob classifications and ranks based upon other
duties assigned; (7) the determination of the safety, health, and property protection
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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, p rocedures, nd
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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 seconds services
secondar
temporarily; maintenance; or other work with outside contractors or other agencies of
9
the county, any municipality within the county, or state or federal agencies; ( 15) g r 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
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members, (17) the transfer of any unit member from one area, shift, work schedule or
an
facility to another; and {18} the right to direct not covered r
9 Y person by this
Page 2 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
Agreement to perform any task or assignment.
1.2.5 Notice of , Ex@; cise of M na ement Rights The County agrees that
prior to unilaterally exercising any of its management rights detailed in Section 1.2.5
which will directly affect the unit's operations, the County will, in non-emergenc
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 b
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 Non Wa�ve_r„ Non - Exc�i The provision of any notice pursuant to
Sections 1,2.5 and Section 1.2.5 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.
13 Non - Discrimination
1 3.1 Non- Di ri m i nation Aar eemqpj 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 of, race, color, creed
gender, national origin, marital status gender orientation sexual referent
► 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.
13.2 DiscriminItion/Retg1lialion Not GrievAILle While the County and
Union agree that unlawful discrimination and unlawful retaliation have no p lace 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 claim(s) is not subject to the
grievance/arbitration procedure of this Agreement.
1.3.3 Inv i i n f tom lain of Discrimination The Count and Union
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agree that any allegation of discrimination against the County or the Union that is
Page 3 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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.
1m4 No Strike,, NoLocko
1.4.1 Inig 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
i g
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
PP Y
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 S rikes 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 work stoppage a e or work
slowdown, nor will there be a concerted failure or refusal to perform work assigned b
the County or appropriate superior employees or individuals designated b the County.
.
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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 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 Y h sical
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which is intended or may be reasonably be construed to be instigatin g r 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 L 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 FrQceedin - for purposes of disciplinary proceedings, means an
ry p g , y
non - judicial hearing which may result in the recommendation, approval, or order of
Page 4 of 45
PP
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY IAFF LOCAL 3909
disciplinary action against, or suspension or discharge of, a firefighter.
2.2 Advan!;ed Advanced life SURR 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 Department of Health.
2.3 „Advance life rt service means any emergency medical transport or non-
transport service which uses advanced life support techniques.
2.4 Air Amb l n e 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 ge 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 &U -Mort 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 anti - -shock trousers, administration of a subcutaneous
injection using a pre - measured auto - injector 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 suDDgrrtsery'i�ce,., means any emergency medical service which uses
only basic life support techniques.
2.9 D&r inin ni or Uni means the employees represented by the Professional
Firefighters of Monroe county, International Association of Firefighters, Local 3909.
2 BUmIZ Riahts means the right of an employee covered by this Agreement to
9
displace an employee of lower seniority, covered by this Agreement, from a position
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covered by this Agreement, but only in accordance with the terms and conditions of
this Agreement.
2.11 Chief gxecutive „officer, as generally defined in Section 447.203, Florida
Statutes, shall mean the county Administrator.
Page 5 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY IAFF LOCAL 3909
2.12 Class4figafign 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 Con in service as required for advancement within salary ranges and for
other purposes specified under this Agreement, means employment by Monroe count
Fire Rescue on a probationary, regular, or acting appointment basis without break or
interruption, and shall be interpreted in accordance with the Monroe county Fire
Rescue policies and procedures as of October 1, 2008.
2.14 Co n 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 Co!jrt 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 Pp seniorily 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.
2m18 Medical Sem es means the activities or services to prevent or
treat a sudden critical illness or injury and to provide emergency medical care and pre-
hospital emergency medical transportation to sick, injured, or otherwise incapacitated
persons.
2.19 Emergency medical services vehicle means an ambulance.
2.20 Emergengy me i al technician means a person who is certified by the Florida
Department of Health to perform basic life support and is authorized by the medical
director to act in such capacity.
2.21. EMD110yP&means a member of the bargaining unit, unless the context
specifically requires a different meaning.
2o2 Im arcianization means Professional Firefighters of Monroe count
Y.
Local 3909, International Association of Firefighters.
2.23 Em I er means Monroe county, Florida.
Page 6 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
2.24 Fire ARoaratus also referred to as Engine Apparatus or Engine means a vehicle
of 10,000 lb (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 Firefigh means any person employed by Monroe County who holds a
certificate of compliance pursuant to Ch. 633, Florida Statutes, 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.
2.25 Flight Nurse means a person possessing a valid unrestricted Florida license to
p ractice nursin RN who is cleared bv the medical director to partiCiDate in the
Monroe Countv Fire Rescue emerciency medical system, and who is in fact acting in
that capacity. Flight nurses are em to ed either as full -time em Io ees or
em Io ees paid on an hour! v basis as defined in the Monroe Countv Personnel
Policies and Procedures Manual. Flight nurses who are on an hourlv basis are
not entitled to any em to ment benefits includina but not limited to those
enumerated in Article 9 of this Agreement.
2.27 Florida Firefi hers 09CUDation&I and Health A or FFOSHA
means the provisions of Sections 633.801 through 633.821 Florida Statutes.
2.28 Formal Inve i a i n 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 hich the
9
questioning of the firefighter is conducted for the purpose of gathering evidence of
misconduct.
2w29 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.
230 Holi means a day, beginning at 12:01 A.M. and ending twenty-four (24) Y
hours later, which the county has recognized in its' ordinances, resolutions policies
p
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 Kings Birthday, Good Friday, Memorial Day, Independence Da Labor Day,
Y.
Columbus Day, Veterans Day, Thanksgiving Day, Thanksgiving . Friday, Christmas Day,
y
2.31 -Informal XDM means a meeting by supervisory or management personnel
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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
Page 7 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
mediate a complaint or discuss the facts to determine whether a formal investigation
should be commenced.
2.32 _ InterrQgatign means the questioning of a firefighter by an employing agency in
connection with a format investigation or an administrative proceeding but shall not
include arbitration or civil service proceedings. Questioning pursuant to an informal
inquiry shall not be deemed to be an interrogation.
2.33 Ladder Tru k A2Rar@tuscLr Trljck 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.
234 LealslatilLe body as generally defined in Section 447.203, Florida Statutes,
means the Board of County Commissioners of Monroe County.
235 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
9 9
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 Count
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 i agreement agrgement 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.
237 ftranedic means a person who is certified by the Florida Department of Health
to perform basic and advanced life support, is authorized by the medical director to
act as a paramedic and participates in Monroe County Fire Rescue emergency medical
system in that capacity.
2.38 Pay Period means a two -week period commencing at 12:01 A.M. Sunday
through 12:00 Midnight Saturday.
239 PERC means the Florida Public Employees Relations Commission.
2.40 Picke in 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 a e or
work slowdown, or (2) in connection with a concerted failure or refusal to perform work
P
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 mRgr also referred to as Engine, means a piece of fire a p p aratus with a
Page 8 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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,
2.42 Re.,
scue Aaparg&6 or ftscue Vehicle means any vehicle whose primary
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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.
2.43 Shift . means a period commencing at 8:00 A.M. and ending twenty -four hours
later at 8:00 A. M.
2.44 S ri k shall have the same definition as that contained in Section 447.203
Florida Statutes,
2.45 SUDDlemental ComRensation means the compensation to be paid to
firefighters pursuant to the provisions of Section 533.382, 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.
2.47 Yosana means an open position resulting from the creation of a new p osition
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.
2.48 3Lolunteer means a person who, of his or her own free will, provides goods or
p 9
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 125.9505 Florida
Statutes.
2.49 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.
2.50 Workdays means Monday through Friday, excluding holidays, except where
otherwise specifically defined in this Agreement.
2.51 Work c le means the 27 -day period used for purposes of calculating an
p p g d
crediting or paying overtime in accordance with the general rinci les of the Fair La
Standards Act,
p p Labor
2m5.2 Workweek means, for salary purposes, seven consecutive days., commencing
9
Page 9 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF L 39
on Sunday at 12: A.M. and ending the following Saturday at 12: Midnight,
ARTICLE 3: UNIOU RIGHTS AND RESPONSIBILITIES
3.1. Dues an - Uniform Asse 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�Dgeesand Assessmen_ eduq ons 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 been specifically authorized in
writing by the unit member to be deducted. Deductions shall be taken from 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.
3.1.2 DiscontinganggAf Dedu ction The unit member may elect to revoke his
or her authorization to deduct union dues and assessments from his or her salary
rY Y
providing written notice of revocation to the county, and a copy of the notice to the
Union. The county shall cease to make such deductions during the pay period which is
thirty (30) days immediately after receipt of the revocation in writing from the unit
member. The county shall continue the deductions only so long as the employee has
enough net salary after all other deductions to cover such deductions, and the Coun
shall not be held responsible for a refund to the employee if the employee has
duplicated a deduction by direct payment to the Union. The County shall have no
liability to the employee or the Union for the dues and uniform assessments deducted
from the employee's salary.
3. 1.3 Mgt Involy d in Collection of Fines: Penal ie or S ci I
A_ ss es m nest The county, as a public employer, is expressly prohibited by Section
447.303, Florida Statutes, from being involved in the collection of any fine, enalt P Y or
special assessment charged against a unit member.
„3 1 Re mnce To U„ n ion The county shall remit to the Union b County
Y
check or warrant the total amount of union dues and uniform assessments deducted by
the county from the unit members' salaries. Such remittance shall be forwarded to the
Union at the same time as employee salary checks or warrants are sent to County
employees. In lieu of receiving a check, the Union can elect to have the County make a
direct deposit in a Union - specified institutional account within the eo ra hical limits of
9 9 p
Monroe County and with an institution with which the County has a current direct
deposit agreement.
Page 10 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
33.1.5 Count�y's .,,Costs, The Union and County agree that the County shall
receive an annual fee of fifty dollars ($50) on October 1St of each year of this contract
as the county's reasonable costs for handling the deductions made from unit members'
salaries.
3.1.5 Current Unit Me..h r Roster The Union shall have the responsibility
for keeping the County informed on a timely basis of those employees of the County
who are unit members and from whose salaries deductions are to be made.
3.1.7 Unhon to Indemnify nd Hol Ko n H rmless. The Union agrees to
indemnify and hold the County harmless against any and all claims, suits or other
forms of liability arising out of the deduction from an employee's salary any Union dues
or uniform assessments. The Union assumes full responsibility for the disposition of
the deduction once it has been remitted by the county and received by the Union.
3.2 Ri h s of Memb a nd Non-Members
3.2.1 No Discrimina i n. 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 Unho ninAerdarence. 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 joinin g 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
un- intimidated.
3.2.3 Claims of Di crimina ion or Interf rence Any claim of discrimination
or interference in violation of Section 3.2.1 or 3.2.2 shall be asserted exclusive)
the Florida Public E - Y
through Employees Relations Commission, or through the
grievance - arbitration procedures of this Agreement.
3.3 Un ion Business
3.3.1 , union Busines Meetin4s Employees elected or appointed to
Page 11 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 ReRresentalLve f r Grievan 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 of his/her immediate supervisor, and further provided that the meetin
does not disrupt or interfere with current fire/rescue operations or result in less than
minimum staff p
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 brief! consult with
the member and/or a supervisor in order to avoid the necessity of processing formal
9
grievance or to consult with the member to set an appointment for after working hours
to prepare a legitimate grievance.
3.3.3 N ion I n State AssoCj&t1ion Meelings
3.3-3.1 NAtional Meetinas The county agrees that members of the
bargaining unit shall be allowed to attend one nationally recognized professional
p
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 5.Ule-Meetings The county agrees that members of the
bargaining unit shall be allowed to attend one Florida state recognized professional
9
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 Y spent b a unit
member away from the members regularly scheduled duties while traveling o from
an g '
d attending such meetings shall be deducted from the Union pool hours provided for
in Section 3.5.
p p
3.4 Collective Barciainina Le For Uni n Ne o 'a in Te m 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 u
Y g p to
three (3) additional members ( "additional negotiating team" to provide representation
resentation p p
Page 12 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 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
3.5.1 Allocation of Hgurs 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 one hundred twenty (120) hours is allocated by the County or use
tY
during each fiscal year of this Agreement.
3.5.2 Use ForfeiWre of Hours The county shall contribute a maximum of
120 hours per year while allowing Union members (defined by the Union as dues -
paying members) to contribute a maximum of three (3) hours of vacation time p er
year. The hours donated to the Union pool by Union members shall be utilized on an
hour for hour basis so that for every one (1) hour which is contributed b the County,
Y►
one
(1) hour is used from the hours contributed by the members. If there are no
hours contributed by the members of Local 3909, Local 3909 would not be able to
utilize the hours contributed by the County. Any members whose time is being paid
for out of this pool and who is injured while using nion pool hours shall not
9 p be
considered to have suffered an in the line of duty injury for ur oses either of Florida
p p
Retirement System or workers' compensation. For hours allocated p ursuant to Section
3.5.1, above, only actual hours approved by the county Fire chief for use p rior to
September 30th of a fiscal year shall be counted against the allocated hours for that
fiscal year. Hours allocated pursuant to Section 3.5.1, above, not approved and used
shall be forfeited and not carried forward for use in an subsequent fiscal ear. Ho
Y q y Hours
contributed by union members shall not be forfeited and shall be carried over.
3.5.3 Reauest For Use of Union P of Hours Request for use of Union p ool
hours shall be submitted in writing on a form to be provided b the County. The unit
Y y nt
member requesting to use Union pool hours shall obtain written approval from the
Union president vice- president, or secretary prior to submitting request uest to the
q
County Fire chief. Such approval shall be indicated on the request form. One form
q
shall be submitted for each unit member for each pay period in which Union ool hour s
are to be used.
p
3.5.4 Submi:Uina Requests 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) ty hours
prior to the date and time the unit member is requesting to be relieved from
operational duties in order to use Union pool hours, unless the event in q uestion
creating the need for Union pool hours is scheduled on less than seventy-two 72
hours notice, in which case this rule will be waived. Request forms which are
q not
complete when submitted to the county Fire Chief shall be returned to the unit
Page 13 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
member without further review or action by the County Fire chief.
3.5,5 R epMnsibility of Cquntv 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 unit 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 unit member, and such appeal shall be considered and processed as a grievance
under the applicable provisions of this Agreement.
3.6 Nam@A of Union Rearesenta�tivCs 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.Z S-uII�a ds 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.
3,8 Pri and Distribut of A reemen 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 co to the
PY
Union; and one copy to each library facility in Monroe county.
ARTICLE 4: DISCIPLINE Ai 'D DISCIPLI0ARY PROCEDURES
4.1 Disciorinary St 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 a e p y. pt for just cause.
4.2 Probation Period All new and newly - promoted employees shall serve a
Probationary period. The probationary period shall be considered the last ste p in the
selection or promotion process, and the purpose of the robationa period is to allow
P rY P
management to observe and appraise the conduct performance, attitude, adaptabili
job p ty
and knowledge of the employee and to assist the County n determining 9 the
Page 14 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 Probati Em Io ee 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 without recourse to Career Service Act procedures.
4.5 PrOR Di i ine n Pre- D erm Ii nation 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 Count
Policies And Procedures, Section 9.11, provided such procedures are consistent with
the following provisions:
4.,5.1 P,rocedum whenever a firefighter is subjected to an interrogation, such
interrogation shall be conducted as follows.
4.5.1._1 Loc n 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 Wriltten Notice No firefighter shall be subjected to interrogation
without first receiving written notice of sufficient detail of the investigation in order to
9
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
Page 15 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
required.
4._5, 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,
4.5.1.5 Co nduqt The firefighter being interrogated shall not be
subjected to offensive language or offered any incentive as an inducement to
answer any questions.
4w5,1,.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.
4.5.1.5 RgR resentation An employee or officer of the county may
represent the county, and the Union may represent any member of the bargainin
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 Aoplicalion The procedures in 4.5.1 shall be applicable only to a
formal investigation of a bargaining unit member and shall not apply I to an
informal inquiry involving the member.
4.5 Emerg S n i n or Transfer In a situation where the County
Administrator or his or her designee reasonably determines that an emergency
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exists which could be harmful to the health, safety, or welfare of an person, Y p r and
that an employee should be temporarily suspended from duty not to exceed a
thirty (30) day term or transferred to another duty assignment pending
g P 9
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.
ARTICLES: 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)
afford employees, individually or through the Union, a systematic means of
Page 16 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 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
. 9
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 Excl_Usiv 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.
5Initiation r of Grievance All grievances shall be in writing and shall, at 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 he 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 9 rievant. If a
grievance form has been adopted by the county, that form shall be utilized in
initiating and submitting a grievance.
5.4 Grievance 5AeRs 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 s e One Within fifteen (15) calendar days of the incident being
reeved the
g e 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
imm
immediate supervisor.
5.4.1.1 Imme i e S ... UDervisor., The original copy of the completed
form shall be delivered to the employee's immediate supervisor, and a co shall be
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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 olio
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of the county. The immediate supervisor's decision shall be rendered in writing within
Page 17 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
seven (7) work days of receipt of the grievance.
5.4.1.2 AqLe Resglution. If the employee or the Union agrees with
' ' immediate th
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 lacement with
p the employees
employment records. No further action on the part of the count shall b
County e required.
54.1, .3 No Resolution If the employee or the Union does not agree
gee
with the decision of the immediate supervisor, he or she or the Union
n shall sign the
original Grievance Form acknowledging his or her disagreement and immediately
. 9 d lately notify
the Union in writing. The original, signed form shall be submitted
by the employee
or the Union to the Fire Chief within seven (7) work da s of the - y decision of the
immediate supervisor.
5.4.2 S e wo The Fire Chief or authorized agent shall make such i
. 9 inquiry
concerning the grievance as he or she shall deem appropriate, and shall render der a
written decision within seven (7) work days of receipt of the immediate supervisor's
decision.
u pervisor s
5.4.2.1 Agreed Re&ollutVon If the employee or the Union agrees with
h
the decision of the Fire chief or Fire Chiefs authorized a ent he or
g she or the Union
shall sign the Grievance Form acknowledging is or her a reement '
9 g ,and the original,,
signed form shall be submitted to the Human Resources Director for
placement with
the employee's employment records. No further action on the art
p of the county shall
be required.
5.4.2.2 No Resollutign If the employee or the Union does not agree
ree
with the decision of the Fire chief or the authorized agent, he or she e or the Union shall
sign the original Grievance Form acknowledging his or her disagreement, 9 9 and
immediately notify the Union in writing. The original,, si ned form shall '
9 all be submitted
by the employee or the Union to the coup Administrator within n seven (7) work days
of the decision by the Fire Chief or authorized agent,
5.43 S e 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 da s ' y of receipt of the Fire
Chiefs, or Fire chiefs authorized agent's, decision.
5.4.3.1 Aareed ReMjution If the employee or the Union
y agrees with
the decision
of the County Administrator, he or she or the Union
shall sign the
Grievance Form acknowledging his or her agreement, an `
9 d the original, signed form
shall be submitted to the Human Resources Director for
placement with the employee ► s
employment records. No further action on the art of the C •
p County shall be required.
5 2 N Re,,, olution If the employee or the Union does not agree
Page 18 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
with the decision of the county Administrator or his or her authorized agent, the
employee or the Union shall sign the original Grievance Form acknowledging his or her
disagreement, and the original, signed form shall be submitted by the employee or the
Union 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.
585 I m m ed i at,�,DisRute Resollution 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
i
request waiver of Step 1 and Step 2 n the grievance procedure, whereupon both the
County and Union w i l l 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_.6Extension 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 9 rievance
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 Timelin s 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. Delivery of notices under this Article must be b
personal service, facsimile, electronic mail, or third party delivery service, i.e. UPS or
FedEx. The onus is on the sender to prove that the document was delivered within
the time deadlines set forth in this Agreement.
5.8 Qnsollidation of G "vanl ;es Either the County or the Union may consolidate at
any step grievances on similar issues or disputes.
_5 9 „EmR_lavee's .,R-e reseant The County and Union agree that nothing in this
Agreement shall be construed to prevent any public employee from resentin at an
p 9� Y
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
. 9
opportunity to have a representative present, for observation purposes only, any
Y
Page 19 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 - Grievanc@ Not To Be He Outside f Proce Amrom ether than as provided
in Section 5.4.3 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
employees 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 M ed iatWn and Con c7 fliation Arbitration (FMCS 1.
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 Selecti , n of Arbiter: ar Selection of an arbitrator will take p lace
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 gXpenses The expenses of the arbitrator shall be aid b
p Y
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.
51. =PO C osts 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 LiFWitatiQn on Ar i ra or The power and authority of the arbitrator
shall be strictly limited to determination and interpretation of the express terms of this
Page 20 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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& Limilatign on Wacies 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.
ARTICLE 5: SENIORITY, LAYOFFS, RECALL.
5.1 Seniocft ARRlication Department and classification seniority shall be used to
determine station assignments, as appropriate and consistent with the county's
management rights. Departmental seniority shall also be used to resolve all other
issues concerning seniority, as appropriate and consistent with the county's
management rights.
5.2 SenffladW Determination classification seniority for employees within the
ranks of Lieutenant, captain and Battalion Chief shall be based upon the individual's
last date of promotion to the position. In the event of the same date of promotion to
the position, the employee with the higher departmental seniority shall be more
senior. Departmental seniority shall be determined by the individual employee's
last date of permanent hire or transfer to Monroe County Fire Rescue. If two or
more employees have the same date of hire, the more senior employee shall be the
employee with the highest attained classification. If two or more employees have
the same classification, the one who first submitted his or her application for
employment would be more senior. In the event one of the employees is a transfer
from another department within the county, the transferred employee shall be the
more senior employee. In the event two or more transferred employees have the
same date of transfer, the date of initial employment with the county, in an
department, shall determine departmental seniority. If these procedures fail to
determine the more senior employee, the employees shall draw lots to determine
order of seniority.
5.3 The list for departmental seniority
classification seniority attached here to
seniority list for Monroe County Fire Rescue.
as current employees sever employment, or
seniority lists shall be amended to reflect the
in the order of seniority among employees,
attached hereto as EXHIBIT B and
as EXHIBIT C shall be the master
As additional employees are hired, or
promotions are made, the master
same and modified to reflect changes
Page 21 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
6.4 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:
p y
6.4.1 R i s r OultS The employee resigns or q u its.
6.4.2 Di ch r The employee is just dischar ed for cause.
9
6.4.3 Retirement The employee retires and ceases to erform an '
P y services for
the County Enrolling into the Florida Deferred Retirement Option Plan (DROP) p shall
n be considered a retirement.
6.4.4 Lav off The employee has been laid off fora eriod of time
r P e equal to his
or her department seniority at the time of the employee's la off or
Y one ( 1) year,
whichever is the lesser period of time.
6.5 La offs
6.5.1 Ordlmr of Lavoffs At such time or times as the County may y determine it
is necessary to reduce the work force of the employees represented b the Union
off of � Y , the
layoff Y employees shall occur in the following order and in accordance with
department seniority:
6.5.1.1 First Levqll Temporary, part - time, trainee and seasonal
employees shall be the first level of staffing to be laid off,
6.5.1,2 Second L probationary hires and non full -
shall p time
employees
be the second level of staffing to be laid off.
6.5.,1.3 Thi rd, Lei Full -time permanent employees shall be the
level of staffing to be laid third
g aid off.
6.5.2 Permanent EmRiovee Layoffs
,5.5 .2.1 Basis. Permanent employees shall be laid off on the basis
of their
seniority classification within the classification or rank.
6.5, 2.2 Manaa 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.
6.5.3 "B m in " Righ
6.53.1 With iM D r m n Employees who are repr esented Y p esented by the
Union and who are properly laid off shall not have bumping
de department - p g rights to any other
p ent or division of the County.
Page 22 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
5.5.32, n ion Positions _E_xc, l use 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.
5.5.3.3 Rankin4 order For purposes of bumping rights within class title
of employees covered by this Agreement the last employee hired is the first employee
out.
55.3._4 BuMiDin,g Dom 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.
,6.5.4 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.
5.5.5 Re c it 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.
5.5.5 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.
5.5.7 ,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 p osition
required by the State of Florida is in full force and effect. Individuals who are rehired
Page 23 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONItOE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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: CERTIFICATIONS STANDARDS. A' ND TRAM1ING
7.1 Firefigh 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 Florida Administrative Code.
7.1.1 Fir fi h r TrAilneeg 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
"trainee ", and shall be paid a base salary equal to ninety percent (90 %) of the base
salary of an entry - level firefighter/EMT.
7.1.2 Tr in a Emolloyment A trainee shall be employed for a period not to
exceed one �1,� year. During this trainee 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.
_7,.1.3_ Termination of Em�n,loymnt_ 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 Rea Xnent Agregment 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 D.
7.1& Con f
inuing Certification Trainin 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 the State of Florida and
Monroe county.
7.2 Emerg Mediqall Technician- EMT CgAificationa Firefighters employed
by Monroe County 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 P rovide
Page 24 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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,
73 Paramed cs The county's ultimate goal is to rovide professional f
p p ire rescue
services through the employment of firefighters who are also certified b t e State of
Florida as a paramedic pursuant to the provisions of Chapter 401 Florida d a Statutes, and
applicable Florida Administrative Code rules.
7.3.1 Paramedic Trainees The County may, on a case b case
y bases,
temporarily employ a firefighter who does not possess certification as a Paramedic.
Such individual shall be classified as a "trainee ", and shall be aid a base
p salary equal
to that which the employee would receive if employed as a Firefi hter EM
Y g 1 T.
7.3.2 Trainee Emifloyment A trainee shall be employed fora period not to
. . p
exceed eighteen (18) months unless, within that time period, the train
f p trainee attains
certification by the State of Florida as a paramedic, is cleared to act as a aramedi
p c by
the medical director, and is operating as a paramedic. During rainee
g employment, the
County may, but is not obligated to, provide the opp ortunity for the Pp Y trai to attend
Paramedic training, which may or may not be at the County's expense. Upon obtaining
Y p p btaining
certification by the State of Florida as a Paramedic and being leared b
g y the medical
director and when the trainee is in fact acting as a Paramedic the trainee shall then
be paid a base salary as a paramedic with no loss in steps. B w of i
. S p y y lustration, if
an employee is a Step 4 EMT prior to promoting into the p osition of paramedic, p p ed ic, that
person will then be paid as a Step 4 paramedic once meeting he definition
a ra 9 . o f
paramedic. There shall not, however, be any retroactive a as a resu pay t of being
slotted as a paramedic.
7.3.3 Terming ion of EmR The employment of a trainee who
� Y fails to
become certified by the State of Florida as a paramedic and be cleared b the � Y medical
director to act as a paramedic shall not be continued beyond the eighteen (18) period.
9 month
7-3-4 . ReRay ment A reemen Individuals for whom the Count r
County p r ovides the
opportunity obtain certification as a Paramedic at the County's expense Y p 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 Agreem
EXHIBIT D. 9 ent as
73.5 C n in in - Cerdfication Tr inin The Count shall
' Y l provide those
training hours, both on -duty and off -duty, that are sufficient
to maintain those
paramedic and firefighting skills as minimal) required b the
Y q y State of Florida and
Monroe County.
7.4 Ini i i Paramedic Certification For Firefi h ., Cr /EMT
E m io ees
Page 25 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 390
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.
7.4.2 Scl A The Unit member, the Union, and the Count
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
D. The certification training shall be at the expense of the county.
ARTICLE 8: SALARIES AND SUPPLE;-J EHTS
8.1 Base Salary There shall be no wage adjustments during the eriod covered b
p y
this Agreement.
8.2 $Aate Man Educational Su lemen In accordance with the provisions of
. p
Section 633.382 Florida Statutes, and in accordance with the p rovisions 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 Assggigtg Dgaree For employees holding an associate degree, the sum
of $50.00 per month, not to exceed a total of $600.00 per calendar Y ear.
8. .2 Bachelor De re For employees holding a bachelor's degree, the sum
of $110.00 per month, not to exceed a total of $1,320.00 per Y ear.
8.2.3 Duall 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.
83 Eli iWillity For atate Mand&ted E i n I S-uRolqm en Eligibility ibilit 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 „ Method of Payment. Bargaining Croup Members base sala ry 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 a will be aid in accordance
p Y p
with County payroll procedures.
8.5 H i -over Time, Cali Back Time and Eariv Earl ReDorting Time Salar
Su2p
Page 25 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
8.5_ 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.
5.5.2 c I B ck Tim "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.
8.53 ,Eariv Reporting Time "Early 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.
S.5.4 CornRenlation 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.
8., 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.
8,7 Fliahj_.P
S.7.1 Ougliflotion R e Paramedics or Firefighter/Paramedics who are
designated as flight - qualified shall be entitled to a salary supplement equal to five
percent (5 %) of his or her normal rate of pay during the time he or she is designated
as flight- qualified.
8.7.2 Desi n ion a Trainina It is the right of the County from time to
time to determine the number of positions to be designated flight - qualified, to
determine the assignment locations of Paramedics or Firefighter/Paramedics who are
flight- qualified, and to determine staffing requirements for air ambulance missions. It is
the responsibility of the individual Paramedic or Firefighter/Paramedic to complete all
training hours required to maintain the designation as flight - qualified. In the event
that such training hours cannot be completed during assigned duty shifts, the individual
shall be responsible for completing the necessary training hours on his or her own time
and at no cost to the County.
8.8 Hurricane Pay Members of the bargaining unit shall be paid for administrative
and emergency hours in accordance with Resolution 224 -2008 (1)(E).
Page 27 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3969
ARTICLE 9: E- PLOY, ENT BENEFITS
9.1. ADDIlic The benefits listed in this Article and elsewhere in this Agreement
apply only to full -time personnel unless expressly stated otherwise.
9.2. Annu ( V a cati o n) eV
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 "24/48 schedule ") and employees whose normal duty assignments consist of a
forty -hour per week 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 48 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 for employees on a 24/48 schedule 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. Annual leave for 40 HPW employees shall be
earned at the rate of four (4) hours per pay period, with the total number of hours not
to exceed one hundred four ( 104) hours in a calendar year.
9 .2.4.2 During the 4th through 10th years of employment, annual leave
for employees on a 24/48 schedule 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. Annual leave for 40
HPW employees 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.
9.2.4.3 During the 11th through 15th years of employment, annual
leave for employees on a 24/48 schedule 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. Annual leave for 40
HPW employees shall be earned at the rate of six (6) hours per pay - period, with the
total number of hours earned not to exceed one hundred fifty -six (156) hours in a
calendar year.
Page 28 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
9.2.4.4 During the 16th year of employment and for each year
thereafter, annual leave for employees on a 24/48 schedule 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. Annual leave for 40 HPW employees shall be earned at the rate of
seven (7) hours per pay -- period, with the total number of hours earned not to exceed
one hundred and eighty -two (182) 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
Personnel Policies & Procedures Manual, Monroe County Administrative Procedures
and any addenda thereto, as may be amended from time to time. Any provision of
the Policies & Procedures Manual, 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 ") and employees working a 40 HPW 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 forty -eight (48)
hours or more shall earn sick leave, upon reinstatement or re- employment, at the
rate established for newly -hired employees.
93.4 An employee on a 24/48 schedule 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. A 40 HPW employees shall earn
sick leave at the rate of four (4) hours per pay-period,, with the total number of
hours earned not to exceed one hundred four (104) hours in a calendar year.
9.3.5 An employee who terminates with less than five (5) years of continuous
service shall not be paid for any unused sick leave credits. Employees who
terminate with five (5) or more years of continuous service, shall, upon separation
from the County in good standing, death, or retirement, receive incentive sick leave
pay as follows:
9.3.5.1 5 -10 years of service: 1 /4 of all accrued sick leave, up to a
maximum of 30 days;
Page 29 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
93.5.2 11 to 15 years of service: 1 12 of all accrued sick leave, up to a
maximum of 90 days;
9.3.5.3 15+ years of service: 1 12 of all accrued sick leave, up to a
maximum of 120 days.
9.3.5.4 As used in paragraph 9.3,5, the term "day" means an 8-hour
day.
9.3.5 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. Holl 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 durin
holidays, and that some bargaining unit members will be required to work durin
designated holiday periods.sa
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 Manual and any addenda thereto, as may be
Y
amended from time to time. Any provision of the Personnel Policy and Procedures
Manual 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 Ge r; 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 Unif rms Initial I su n e. The County agrees to issue to each Unit
member the following uniform items:
Page 30 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
I TEM DESCRIPTION
NUMBER ISSUED
Shirt, Long Sleeve, Blue, w/Insignia
Two
S hirt,, Short Sleeve, Blue, w/Insignia
Two
Shirt, 'T ", w/Insignia
Five
Suit, Jump, w/Insignia
One
Coat, Rain
One
J acket, w/Insignia
one
Pants
Two
Shirt, Palo, Grey, w/Insignia
Two
Badge
One
Name Tag
One
Station Shoes/Boots
One Pair
9.5.2 Uniform& 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 Y the Count at the
County's expense.
9.5.3 Uniformp, 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 U forms. 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 ea
y 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
uniform.
p t of the
Page 31 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY IAFF LOCAL 3909
• 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 b •
e entitled, upon his or
her request, to retain the Class A uniform as his or her ro
p perty.
9.5.5 Fogjwear. A r The County shall have the rig ht g to designate the
type, model, and supplier of footwear (station shoes boots •
shoes/ boots) to be worn by Unit
members while performing services for the County. Only the
Y y purchase of approved
footwear shall entitle the Unit member to reimbursement as rovided
p below,
9.5.5 Footw Reimbursement A Unit member sha 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 receipts
in farm
tY shall submit sales rece� suitable to the Count showing p
Y g the date, item purchased, and total amount to
be reimbursed, and reimbursement shall be roce •
p ssed and payment made in
accordance with the County's usual practices and p rocedures.
9.5.7 � FootwearL . SulpRllier Cont0f& In the event that the
County enters into
an agreement with any entity to be a footwear supplier to the Count for u
footwear t Y purposes of
providing
o Unit members, the procedures put into lace b the Coun
p Y
pursuant to the contract shall be the approved method for acquiring footwear b
members,
q g y Unit
9.5.8 Persona I . E rotective Gear Issuance. The Count agrees to issue to
each Unit member the following personal ear: rotective
P g
Page 32 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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
S leeves, Protective
one Pair
Glasses, Safety
one Pair
Shears, Trauma
One Pair
9.5.9 Personal Pr a iv Gear Gearr Repll&cement 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 Petjgnal Pratective Gegrr Maintenange The County agrees to clean
and repair a Unit member's items of personal protective gear at such times as may be
y
deemed necessary from time to time by appropriate supervisory personnel.
9.5. Health And Medfitcall Cover gag 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.
Page 33 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
9.7. Life Insu, rance The County agrees to provide life insurance coverage for or each
Unit member in the amount of Twenty Thousand Dollars ($ 20,,000.0 0 ) at no premium
cost to the Unit member. Such coverage shall be of the a provided to other
tYp P County
employees and shall be with such underwriter or underwriters as the
County may
select from time to time.
9.8. PhYsica Examination
9.8.1 The County and Union agree that, among other considerations eligibili
g ty
of bargaining unit employees to receive certain presumptions and entitlements is relative
to communicable diseases disability, and other benefits requires a physical/medical
q
examination of the employee had been conducted prior to the occurrence of the event
or condition upon which the presumption or entitlement is based. Additional
physical/medical examination evincing good physical condition is required q by Section
533.34, Florida Statutes, as a pre - condition of employment as a firefighter. g to r. Th e
County and Union further agree that physical/medical examinations for bargaining g ng un it
employees in addition to "post- offer, pre - employment" h sical medical examinations P Y 1 Mons is
warranted by the nature of the bargaining unit members' duties.
9.8.2 Initial Phv Examination The Cou a 9 rees
to
provide a post - -offer of employment physical examination to an applicant to
pp be hired
for a position included in the bargaining unit. The physical examination p Y nation 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 aid for
p by the County,
and the minimal scope, content and documentation of the h sical examination p y m�nation shall be
in accordance with the requirements of the Division of State Fire Marshal, Bureau of
Fire Standards and Training.
9. .3 Period In Ph sic 1 Me i 1 Examin n T County
agrees to provide a physical/medical examination to each full -time employee
this Agreement covered
b
Y g ment at such times and in such extent as provided for in Section 2 -
Chapter 2, rotection Association
of Standard 1582 Edition 2000 of the National Fire P r
,
entitled Medical Requirements for Firefighters and Information for Fire Department
Physicians. The County will use its good faith efforts to schedule
e the physical/medical
examination for an employee during the 30 days immediate) prior to
� Y P , or the 30 days
immediately after, the employees hire anniversary date; however,
. . rY . it shall also be the
responsibility of the employee to make appropriate notification to the County of the
need for the scheduling of the physicallmedical examination. The
e failure of the County
to meet this general medical scheduling requirement for h sica) P Y 1 examinations shall
not be subject to the grievance procedures rovided for elsewhere '
P re in this Agreement.
The cost of the physicallmedical examination shall be aid for •
p o by the County. Failure
of employees as of October 1, 2008 to co with Cate '
p Y gory A criteria wi l not
automat disqualify them from their position but a decision will be made based on
safety issues and performance of the employee,
9.8.4 S ecial In i en Ph si t ExaFWinatign The County re
h ty g es to provide a
p ysicallmedical examination to any full -time employee who has s been exposed to an
Page 34 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 Du�Exam'�na,,, _ ions The bounty 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.
9.8.5 Documentation of Physic a_U_M_edi1gA1. _Examin�a ignns_ For
physical/medical examinations administered in accordance with Sections 9.8.2 and
9.8.3 above, the documentation of the physical/medical examination shall be provided
to the County on Forms identified as Figure E -1, 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 b
the County from time to time in accordance with state statute; chemist and lipid
chemistry p
profile; audiogram, 12 -lead electrocardiogram with interpretation and report; chest x--
ray, and treadmill stress testing,
9.9. Firefig Benefit
9.9,1 Flo rida Law Section 112.191, Florida Statutes, requires the County to
provide certain benefits to a firefighter, the firefighters surviving souse and any
9 P Y
surviving children of a firefighter who dies, is killed, or suffers a catastrophic injury
P ] rY
under conditions specified in Section 112.191,
9.9.2 Amo n s The amounts to be paid by the County under this law range
9
from $ 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
Page 35 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 B e in 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 Appfflcabig 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. Flor"ida Florida &etlrement S s em Contributim
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 "special 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.
9410.2 B e in 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 provisions.
9.11. Edlugafi2nall ExjZgnse Reimb rsem n
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 Ellaibillity 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 Pr hi i ion The employee shall not utilize any space,
personnel equipment or supplies provided by the County in the process of fulfilling n of
9 Y
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
Page 36 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
County, unless req u i red by Section 7.1.5.
9.11.2 A minis r ion The application, administration and interpretation
of
educational reimbursement benefits, and the amounts to be aid for •
p r �nd�vidual
reimbursements, shall be in accordance with Section 112.032 Florida Statutes, and
Section 2.11 of the Monroe County Personnel Policies and Procedures
as may be
amended from time to time. Any provision of the Policies and Procedures Man a ual or
of any addenda which is in direct conflict with an p rovision in this Agr eement Y P g Bement is
superseded by this Agreement to the extent of such conflict.
9.11.3 Budgeting Educational Reimbursements. The count shall budget get a
minimum of $15.,000 per fiscal year to be utilized b bargaining unit personnel Y 9 9 p sonnel for
education reimbursement in accordance with the rovisions of this
P Agreement and
Section 2.11 of the Monroe County Personnel Policies & Procedures Manual, subject
to annual appropriation by the Board of county commissioners. The
money
budgeted for educational reimbursements shall be used exclusive! f '
y or tuition, fees
and textbooks, and shall be available to all members of the bargaining unit g g it on a first
come, first serve basis. Educational reimbursements shall be charged ag
et f 9 g st the
budget or the fiscal year in which the courses are taken. All requests q s for
reimbursement must be submitted prior to September 3o in the fiscal
year in which
the course is taken.
9.12 Communicable DisgMe Immunization
9.12.1 AaknoVi"am!Int of Rik The Count and Union a
bargaining unit Y agree that the
bar
9 g members run a high risk of occupational exposure to hepatitis,
meningococcal meningitis, an P p t�s,
immunizations and keep g d tuberculosis, and the County should provide such
i records thereof.
P
P f.
9.12.2 Records n N ifs i n The Count shall maintain
Y a record of any
known or reasonab suspected exposure of a barga unit member to the
g i diseases
described in Section
9.12.6, and the County shall immediately note the employee
fY of
such exposure.
%123 Member to ReDgrt Each bargaining nit member who ho has knowledge
of known or
suspected occupational exposure to the diseases described in S
file a re Section
9.12.6 shall immediately port of the incident to the appropriate superviso
personnel. rY
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 have avail him /herself of the immunization opportunity.
9.12.5 Future Circu mstances; Requirements Whenev any standard,
medically recognized vaccine or other form of immunization or '
prophylaxis exists for
the prevention of a communicable disease recognized i Florida g n Section 112.151, Flori
Page 37 of 45
COLLECTIVELY BARGAINED AGREEMENT m- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 b
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 employees health.
9.12.5 Reauired Screenina For 5Aatutory Presumotli
9.12.5.1 Flori L w 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 previous! conducted upon the
Y P
employee or the employee has executed a written affidavit as provided in Section
P
92.50, Florida Statutes.
9.12.5.2 Scr a in s And Affidlay2is The County agrees to provide the
medical screenings, as part of the physical and medical examinations provided for in
P
Section 9.8 of this Agreement.
9.13 Public Re or s Exem i ns
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 Ex m D t Information The County and Union agree that, to the fullest
extent allowed by law, all information protected by Chapter 119, Florida Statutes is
exempt from inspection under Section 119.01, Florida Statutes.
9.133 Protect on of Ex.`ation The County agrees that, when any request is
q
received under the Florida Public Records law to inspect any record maintained by the
County relating to a member of the bargaining unit, the Count will take such steps s as p
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' Premiums
9.14,1 Qverage an Benefits All full -time Unit ees member employees of th
P Y e
County are participants in the Florida Workers Compensation ro ram and are
P g entitled
to receive such coverage and benefits as provided b the Florida Workers'
Compensation law.
Y kern
9 0 14 Z Budaeti The County agrees to budget each year for the anticipated
Y p ted
total amount o cams and excess insurance premiums to be aid fo f li
P p r workers '
compensation coverage of, and payments on behalf of, the bargaining unit members.
Page 38 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 amended to conform with the
statutory provisions.
9.15 Unem Io men Com ens i n 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 Bwdmtina The county is a "reimbursable 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 ContribUlLion 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.
9nl6Lederal Govern menL
9,15.1= 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 Coun ty of each Unit
member.
9.15.2 Em I e With h I in . 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 De ions The County agrees to provide the opportunity ortunit to
Unit members and employees to participate in a Savings Bond ro ram through a
P 9 g
payroll deduction plan. The program shall be administered b the Count in
Y Y
accordance with its standard practices, as may be amended from to time.
9.18 Direct D o f P r II Mign The county a rees to rovide a ro ram f . g p program or
direct deposit of a Union member's and employee's a into a financial institute
pay on of
the Unit members or employee's choice, consistent with the olicies and practices p p es of
the County, as may be amended from time to time.
9.19 Y rs -of -S rvice AM rd Pro-gram. The Count agrees to provide an
Y g p award
program to recognize employees who have been employed by the County or five tY Y
or more, and this program shall be administered as provided in Section 2 -8 Monroe
Page 39 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
County Code, and the Monroe Countv Personnel Policies & Procedures Manual, as
amended from time to time.
9.20 Funeral Leave. All employees shall be granted one shift off with pay in order to
attend a funeral of a member of the employee's immediate family. The term
"immediate family" shall be construed to mean one of the following: husband wife
father, mother, son, daughter, sister, brother, uncle, aunt, first cousin, nephew, niece
domestic partner, domestic partner's father and mother, legal guardian, grandparent,
in-laws (father in law, mother in law, son in law, daughter in law, brother in law sister
in law ), stepfather, stepmother, stepson, stepdaughter, ste brother stepsister,
. P p aster, half
brother, half sister. Additional time off (over and above the one shift herein provided)
may be approved by the Fire chief or his designee and charged to sick or annual
leave. The County may require proof of death of a family member before making
f
payment or funeral leave.
ARTICLE x: MISCELLA NEOUS PROVISIONS,
i% of AareemeVA: Effe in Date,
10.1 Term Upon ratification, the term of this Agreement shall be for a P eriod of
three (3) years, commencing retroactively at 12 :01 A.M. on October 1 ,, 2011, and
ending on September 30, 2014, at 11:59 P. M.
11. Dargainina Unit Work Security The Employer shall not assign or delegate out
bargaining unit work in any manner whatsoever. In particular the count agrees tha
► Y a g t
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 emergency
g Y
medical services that are currently provided by volunteer fire companies currently
Y
under contract to Monroe County and registered as nonprofit corporations within the
State of Florida; however, no expansion of current scope of services of each volunteer
fire company is permissible under this article. This does not preclude services covered
Bred
under mutual aid agreements or services needed in the event of catastrophic events
that impacts bargaining units ability to provide staffing for services. This g provision
P
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,
C ns ruction 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. _,S verability 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.
Page 40 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
14. Entire A4reement 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 An Paragr@Dh Hea in s. 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.
15. Exhibits
16.1 1nc1„Ujj:ion in Aa ee_meol The Exhibits referred to in, and attached to,
this Agreement shall be incorporated into this Agreement and be a part of this
Agreement.
15.2 Addifwnwl Exhibits; Amendment Exhi i 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, 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.
15.3 Chanaes to Seation The list of Exhibits provided in Section 16.4 of
this Agreement shall be amended from time to time by the Count to reflect an
. Y Y
additions, supplements, changes, or amendments ratified and adopted from time to
time as provided for in Section 16.2 of this Agreement.
15.4 LiAt of Exhibits. The Exhibits to this Agreement are as follows:
15.4.1 Exhibit A: List of Pe ftniori
16.4.2 Exhi i B; Lis f c! sific i n aeniori
15.4.3 Exhi bit c: Union Certification Doty mentation.
15.415 Exhibit D: Rg2ay=nt Aar!gemen
15.4.4 Exhi i E: Bas Salary Chart.
Pursuant to Section 447.309(l), Florida Statutes, the above agreement is agreed to b
Page 41 of 45
g 9 Y
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, I AFF LO 3 90 9
and between the bargaining agent and the chief executive officer of Monroe County,
Y
.Barciaining Acien
Professional Firefighters of Monroe county,
International Association of Firefighters, Local
3909
By .
President
Date:
Chief Executive officer:
By:
Roman Gastesi, county Administrator
Date:
This Collectively Bargained Agreement was bargained for and agreed to in
accordance with the provisions of Chapter 447, Florida Statutes, P 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 of the Board of County Commissioners for action.
B r inin A en
Professional Firefighters of Monroe county,
International Association of Firefighters, Local
3909
By .
President
Date:
Page 42 of 45
COLLECTIVELY BARGAINED AGREEMENT -- UNIT TWO AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY IAFF LOCAL 3989
The Board of County Commissioners, at a duly noticed and publicly held
meeting at Key Vilest, Florida, on , 2012, 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:
Mayor
Date:
ATTEST:
AMY HEAVILIN
Clerk of Court
By:
Date:
Page 43 of 45
Page 1
Exhibit
A
Monroe County Fire Rescue
List of Departmental Seniority September 12,
2011
Dept.
D.O.H.
Classification
Classification
First Name
Last Name
App Rcd Date
Seniority
Change Date
1
05/15/86
EMT
05/15/86
Dale
Wilson
02/06/86
2
11/03/87
LT
02/05/08
William
Horachek
10/21/87
3
07/09/89
FF /PM
07/09/89
Milan
Novak
06/21/89
4
02/05/90
FF /EMT
10/01/96
Daniel
Powers
11/02/89
5
08/20/90
FFIPM
08/20/90
Stan
Webb
08/02/90
6
09/20/92
LT
03/13/11
Michael
Saunders
07/20/92
7
10109/92
LT
07/16/07
Don
Bock
09129/92
8
04/25/94
LT
07/16/07
David
Zalanka
01/31/94
9
05/01/95
LT
07/16/07
David
Sebben
08/23/94
10
05/30/95
FFIEMT
02/25/11
Jefferson
Brandt
04/19/95
11
01/08/96
FFIPM
1 0/27/96
Theresa
Restuccia
08/02/94
12
01/22/96
BC
03/16/09
Mark
Thompson
10/31/95
13
06123/96
CPT
04/26/09
Dwight
Beal
11/01/95
14
07/23/96
DC
01/29/09
Gary
Boswell
06/18/96
15
12/09/96
FFIEMT
12/09196
Harvey
Hillman
10/21/96
16
04/16/97
PM
08/09/03
Jane
Bishop
11/14/96
17
08/18/98
FFIEMT
07/18/10
Andy
McBroom
06/16/97
18
10/13/98
FFIEMT
08/29/10
Gary
Burgess
04/07/98
19
01/11199
FFIEMT
08128/11
Edward
Healy
1 2/08/97
20
05/24199
CPT
04/27/05
Steven
Zavalney
09/21/98
21
09/24199
LT
02/05/08
Steve
MCAnally
07/27/99
22
11/29/99
CPTIARFF
04/14108
Richard
Cletta
05/10/99
23
12/14/99
FFIPM
10/01/01
Patrick
Kyburz
10/01/99
24
12/19/99
LT
07/16/07
Cassaundra
Cane
09/13/99
25
10/24100
BC
04/08/02
Alvin
Bentley
08/24/00
26
11/06/00
LT
02105/08
Timmy
Leonard
01/19/00
27
07/30101
LT
02105/08
Manuel
Leon
10/29/99
28
07/30101
*LT
03/13/11
Andrea
Sutherland
05/08/00
29
08/10/01
LT
02/05/08
Ryan
Johnson
11/14/00
30
10/29101
LT
07/16/07
Orlando
Merced
11/15/01
31
02/26/02
CPTIARFF
04/14/08
Eric
Sellers
09/27/01
32
02/26/02
CPTIARFF
05/05/08
Omar
Fernandez
11/27/01
33
08/30/02
FFIEMT
08/30/02
Rick
Hickman
06/06/02
34
02/09/03
FF /ARFF
02/09/03
Michael
Bland
12/10/01
35
08/11104
FFIEMT
09/04/08
Michael
Manash
04/14/04
36
08/11/04
LT
09/06/09
Christopher
Cane
04/23/04
37
03/02/05
FFIARFF
03/02/05
Timothy
Anson
10/04/04
38
07/05/05
*LT
03/13/11
John
Hamburger
11/05/04
39
07/05/05
*LT
03/13/11
Calin
Pastiu
11/04/04
40
07/05/05
*LT
09/06/09
Jim
Tillman, Jr.
10/27/04
41
01/30/06
Chief
01/29/09
James
Callahan
12/08/05
42
10/11/06
FFIPM
08/08108
Richard
Vandervoort
01/13/06
Page 1
Monroe County Fire Rescue
List of Departmental Seniority September 12, 2011
Dept.
Seniority
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
0 A
D.O.H.
10/11106
11/06/06
10/15/07
10/15/07
10/15/07
01/07/08
01/07/08
01/07108
01/07/08
01/07/08
01/10108
02/01/08
06/06/08
10/27108
10/27/08
10/27/08
10/27108
10/27/08
10/27/08
10/27108
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27108
10/27/08
03/23/09
04/13/09
05/06/09
05/11109
07/20109
07/20/09
11/02/09
11/02/09
11/16/09
11/18/09
12/14/09
12/14/09
12/14/09
12/14/09
Classification
FF /PM
LT
FFIPM
FFIPM
FFIEMT
FFIPM
FFIPM
FFIPM
FFIPM
FFIEMT
FFIEMT
FFIARFF
FFIARFF
FFIPM
FFIPM
FFIPM
FFIPM
FFIPM
FFIPM
FFIPM
FFIPM
FFIPM
FFIEMT
FFIPM
FFIPM
FFIEMT
FFIPM
FFIPM
BCITRAINING
BCIARFF
FFIARFF
FFIEMT
FFIPM
FFIPM
FFIEMT
FFIPM
BC
FFIPM
FFIPM
FFIPM
FFIEMT
FFIEMT
Classification
Change Date
07/02/08
03/13/11
10/15/07
10/15/07
08/05/09
01/07/08
01/07/08
01/07/08
08/05/09
01/07/08
01/10/08
02/01/08
06/06/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
03/10/11
12/13/10
04/11/10
10/27/08
12/20/10
09/10/09
03/23/09
04/13/09
05/06/09
03/22/10
03/10/11
04/11/10
11/02/09
03/15/11
11/16/09
11/18/09
04/11/10
12/14/09
First Name
Mark
Carlos
Francisco
Curtis
Mario
Daniel
Todd
Jaime
Tom
Matt
Fernando
Barry
Thomas
Raul
Edward
Rafael
Alex
Jay
Michael
Adolfo
Alejandro
Blake
Randy
Lazaro
Erik
Carlos
Luis
Jared
Dan
Dale
Harry
Andrew
Hector
Luis
Bruce
Reynaldo
Christopher
Pablo
William
Andrew
12/14/09 Herve
12/14/09 Jonathan
Last Name
Hemeyer
Javier
Perez -Diaz
Teems
Romera
Fernandez
Lessard
Arana
Harbinson
Chavez
Duran
Brown
Mack
Cespedes
Child
Baldoquin
Baguer
Rivera
Blanton
Fundora
Lucio
Carrillo
Garcia
Rangel
Cordo
Martinez
Acosta
Shapiro
Cassel
Beaver
Bethel III
Vega
Mesa
Colon
Martin
Garcia
Musser
Arguello -Incer
Lyden
Allen
Thomas
McLean
App Rcd Date
04/07/06
08/24/06
06/18/07
06/26/07
04/11/07
07/25/07
08/31107
09/10/07
08/15/07
08/20/07
10/02/07
06/08/06
06/09/08
08/07/06
01/30/08
04/15/08
05/29108
06/05/08
07/17/08
07/24/08
07/24/08
07/31108
10/09/07
10/15/07
07/09/08
07/11/08
07/28/08
08/01/08
12/15/08
11/14/08
03/02/09
07/29/08
10/29/07
04/15/08
03/30/09
05/22/09
01/23/09
06/02/09
11/25/08
12/22/08
01126/09
02/23/09
Page 2
Monroe County Fire Rescue
*Acting
Page 3
List of Departmental Seniority September 12,
2011
Dept.
D.O.H.
Classification
Classification
First Name
Last Name
App Rcd Date
Seniority
Change Date
85
12/15/09
FF /EMT
12/15/09
Stephen
Shaw
11/17/09
86
03/15/10
FF /PM
03/15/10
Jorge
Machado
05/22/09
87
03/22/10
FFIPM
03/22/10
Krzysztof
Boszko
01/27/09
88
04/05/10
BOEMS
08/14/11
Ruben
Alma 9 uer
02/1 5/10
89
04/26/10
FF /ARFF
04/26/10
Brandon
Cletta
02/22/10
90
05/17/10
FFIPM
07/18/11
Allan
Hernandez
01/13/09
91
06/14/10
FFIPM
07/28/11
Carlo
Milito
12/08/08
18
92
11/02/10
FFIEMT
11/02/10
Porfirio (Tony) Ara ue
q
111241 09
93
11/02/10
FFIPM
07/29/11
Warren
Musser
01/26/10
94
12/13/10
FFIEMT
12/13/10
Robert
Horachek
0219
1 110
95
12/20/10
FFIEMT
12/20/10
Jeremy
Y
ackworth
0 1111110
96
02/22/11
FFIEMT
02/22/11
Brenda
Kuchcinski
05/17/10
97
02/24/11
FFIEMT
02/24/11
Ryan
Devitt
02/03/10
98
04/04/11
FFIEMT
04104/11
Cameron
Cowart
05/25/10
99
04/14/11
FFIEMT
04/14/11
Brandon
Bertini
02/08/10
100
04/20/11
FFIEMT
04/20/11
Steven
Gurnicz
01/08/10
191
07/18/11
FFIPM
09/13/11
Matthew
Soderholm
03/04/10
192
07/28/11
FFIEMT
07/28/11
Joe
No ami
9
06/11/10
103
07/29/11
FFIEMT
07/29/11
Dany
Ribot
03/03/10
104
09/13/11
FFIEMT
09/13/11
Armando
Hernandez
04/19/10
*Acting
Page 3
Rank Category
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Officer
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Line Personnel
Dept.
Seniority
1
1
1
2
3
4
5
6
1
2
1
2
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Monroe County Fire Rescue Exhibit B
List of Classification Seniority September 12, 2011
D.D.H. Classification Classification First Name Last Name App Rcd Date
12108/05
06/18/96
08/24/00
10/31/95
12/15/08
1 1/14/08
01/23/09
02/15/10
09/21/98
11/01/95
05/10/99
09/27/01
11/27/01
09/29/92
01/31/94
08/23/94
09/13/99
11/15/01
10/21/87
07/27/99
01/19/00
10/29/99
11/14/00
04/23/04
10/27/04
07/20/92
05/08/00
11/05/04
11/04/04
08/24/06
02/06/86
06/21/89
11/02/89
08/02/90
04/19/95
08/02/94
10/21/96
11/14/96
06/16/97
04/07/98
12108/97
10/01/99
06/06/02
12/10/01
04/14/04
Page 1
Change Date
01/30/06
Chief
01/29/09
James
Callahan
07/23/96
DC
01/29/09
Gary
Boswell
10/24/00
BC
04/08/02
Alvin
Bentley
01/22/96
BC
03/16/09
Mark
Thompson
03/23/09
BC/TRAINING
03/23/09
Dan
Cassel
04/13/09
BCIARFF
04/13/09
Dale
Beaver
11/16/09
BC
11/16/09
Christopher
Musser
04/05/10
BCIEMS
08/14/11
Ruben
Aimaguer
05/24/99
CPT
04/27/05
Steven
Zavalney
06/23/96
CPT
04/26/09
Dwight
Beal
11/29/99
CPT /ARFF
04/14/08
Richard
Cletta
02/26/02
CPTIARFF
04/14/08
Eric
Sellers
02/26/02
CPTIARFF
05/05/08
Omar
Fernandez
1 0/09/92
LT
07/16/07
Don
Bock
04/25/94
LT
07/16/07
David
Zalanka
05/01/95
LT
07/16/07
David
Sebben
12/19/99
LT
07/16/07
Cassaundra
Cane
10/29/01
LT
07/16/07
Orlando
Merced
11/03/87
LT
02/05/08
William
Horachek
09/24/99
LT
02/05/08
Steve
McAnally
11/06/00
LT
02/05/08
Timmy
Leonard
07/30/01
LT
02/05/08
Manuel
Leon
08/10/01
LT
02/05/08
Ryan
Johnson
08/11/04
LT
09/06/09
Christopher
Cane
07/05/05
*LT
09/06/09
Jim
Tillman, Jr.
09/20/92
LT
03/13/11
Mike
Saunders
07/30/01
*LT
03/13/11
Andrea
Sutherland
07/05/05
*LT
03/13/11
John
Hamburger
07/05/05
*LT
03/13/11
Calin
Pastiu
11/06/06
LT
03/13/11
Carlos
Javier
05/15/86
EMT
05/15/86
Dale
Wilson
07/09/89
FF /PM
07/09/89
Milan
Novak
02/05/90
FF /EMT
10/01/96
Daniel
Powers
08/20/90
FFIPM
08/20/90
Stan
Webb
05/30/95
FFIEMT
02/25/11
Jefferson
Brandt
01/08/96
FFIPM
1 0/27/96
Theresa
Restuccia
12/09/96
FFIEMT
12/09/96
Harvey
Hillman
04/16/97
PM
08/09/03
Jane
Bishop
08/18/98
FFIEMT
07/18/10
Andy
McBroom
1 0/13/98
FFIEMT
08/29/10
Gary
Burgess
01/11/99
FFIEMT
08/28/11
Edward
Healy
12/14/99
FFIPM
10/01/01
Patrick
Kyburz
08/30/02
FFIEMT
08/30/02
Rick
Hickman
02109/03
FF /ARFF
02/09/03
Michael
Bland
08/11/04
FFIEMT
09/04/08
Michael
Manash
12108/05
06/18/96
08/24/00
10/31/95
12/15/08
1 1/14/08
01/23/09
02/15/10
09/21/98
11/01/95
05/10/99
09/27/01
11/27/01
09/29/92
01/31/94
08/23/94
09/13/99
11/15/01
10/21/87
07/27/99
01/19/00
10/29/99
11/14/00
04/23/04
10/27/04
07/20/92
05/08/00
11/05/04
11/04/04
08/24/06
02/06/86
06/21/89
11/02/89
08/02/90
04/19/95
08/02/94
10/21/96
11/14/96
06/16/97
04/07/98
12108/97
10/01/99
06/06/02
12/10/01
04/14/04
Page 1
Monroe County Fire Rescue
List of Classification Seniority September 12, 2011
Rank Category
Dept.
D.O.H.
Classification
Classification
First Name
Last Name
App Rcd Date
Seniority
Change Date
Line Personnel
16
03/02/05
FFIARFF
03/02/05
Timothy
Anson
10/04/04
Line Personnel
17
10/11/06
FF /PM
08/08/08
Richard
Vandervoort
01/13/06
Line Personnel
18
10/11/06
FFIPM
07/02/08
Mark
Hemeyer
04/07/06
Line Personnel
19
10/15/07
FFIPM
10/15/07
Francisco
Perez -Diaz
06/18/07
Line Personnel
20
10/15/07
FFIPM
10/15/07
Curtis
Teems
06/26/07
Line Personnel
21
10/15/07
FFIEMT
08/05/09
Mario
Romera
04/11/07
Line Personnel
22
01/07/08
FFIPM
01/07/08
Daniel
Fernandez
07/25/07
Line Personnel
23
01/07/08
FFIPM
01/07/08
Todd
Lessard
08/31/07
Line Personnel
24
01/07/08
FFIPM
01/07/08
Jaime
Arana
09/10/07
Line Personnel
25
01/07/08
FFIPM
08/05/09
Tom
Harbinson
08/15/07
Line Personnel
26
01/07/08
FF /EMT
01/07/08
Matt
Chavez
08/20/07
Line Personnel
27
01/10/08
FFIEMT
01/10/08
Fernando
Duran
10/02/07
Line Personnel
28
02/01/08
FFIARFF
02/01/08
Barry
Brown
06/08/06
Line Personnel
29
06/06/08
FFIARFF
06/06/08
Thomas
Mack
06/09/08
Line Personnel
30
10/27/08
FFIPM
10/27/08
Raul
Cespedes
08/07/06
Line Personnel
31
10/27/08
FFIPM
10/27/08
Edward
Child
01/30/08
Line Personnel
32
10/27/08
FFIPM
10/27/08
Rafael
Baidoquin
04/15/08
Line Personnel
33
10/27/08
FFIPM
10/27/08
Alex
Baguer
05/29/08
Line Personnel
34
10/27/08
FFIPM
10/27/08
Jay
Rivera
06/05/08
Line Personnel
35
10/27/08
FFIPM
10/27/08
Michael
Blanton
07/17/08
Line Personnel
36
10/27/08
FFIPM
10/27/08
Adolfo
Fundora
07/24/08
Line Personnel
37
10/27/08
FFIPM
10/27/08
Alejandro
Lucio
07/24/08
Line Personnel
38
10/27/08
FFIPM
10/27/08
Blake
Carrillo
07/31/08
Line Personnel
39
10/27/08
FFIEMT
03/10/11
Randy
Garcia
10/09/07
Line Personnel
40
10/27/08
FFIPM
12/13/10
Lazaro
Rangel
10/15/07
Line Personnel
41
10/27/08
FFIPM
04/11/10
Erik
Cordo
07/09/08
Line Personnel
42
10/27/08
FFIEMT
10/27/08
Carlos
Martinez
07/11/08
Line Personnel
43
10/27/08
FFIPM
12/20/10
Luis
Acosta
07/28/08
Line Personnel
44
10/27/08
FFIPM
09/10/09
Jared
Shapiro
08/01/08
Line Personnel
45
05/06/09
FFIARFF
05/06/09
Harry
Bethel lil
03/02/09
Line Personnel
46
05/11/09
FFIEMT
03/22/10
Andrew
Vega
07/29/08
Line Personnel
47
07/20/09
FFIPM
03/10/11
Hector
Mesa
10/29/07
Line Personnel
48
07/20/09
FFIPM
04/11/10
Luis
Colon
04/15/08
Line Personnel
49
11/02/09
FFIEMT
11/02/09
Bruce
Martin
03/30/09
Line Personnel
50
11/02/09
FFIPM
03/15/11
Reynaldo
Garcia
05/22/09
Line Personnel
51
11/18/09
FFIPM
11/18/09
Pablo
Ar uelio -Inter
9
06/02/0 9
Line Personnel
52
12/14/09
FFIPM
04/11/10
William
Lyden
11/25/08
Line Personnel
53
12/14/09
FFIPM
12/14/09
Andrew
Allen
12/22/08
Line Personnel
54
12/14/09
FFIEMT
12/14/09
Herve
Thomas
01/26/09
Line Personnel
55
12/14/09
FFIEMT
12/14/09
Jonathan
McLean
02/23/09
Line Personnel
56
12/15/09
FFIEMT
12/15/09
Stephen
Shaw
11/17/09
Line Personnel
57
03/15/10
FFIPM
03/15/10
Jorge
Machado
05/22/09
Line Personnel
58
03/22/10
FFIPM
03/22/10
Krzysztof
Boszko
01/27/09
Line Personnel
59
04/26/10
FFIARFF
04/26/10
Brandon
Cletta
02/22/10
Line Personnel
60
06/14/10
FFIPM
07/28/11
Carlo
Milito
12/08/08
Line Personnel
fit
11/02/10
FFIPM T
11/02/10
Porfirio (Tony)
Araque
11/24/09
Line Personnel
62
11/02/10
FFIPM
07/29/11
Warren
Musser
0112fi110
Line Personnel
63
12113/10
FFIEMT
12/13/10
Robert
Horachek
02/19/10
Line Personnel
64
12120/10
FFIEMT
12/20/10
Jeremy
Hackworth
01/11/10
Line Personnel
65
02/22/11
FFIEMT
02/22/11
Brenda
Kuchcinski
05/17/10
Line Personnel
66
02/24/11
FFIEMT
02/24/11
Ryan
Devitt
02/03/10
Page 2
Monroe County Fire Rescue
List of Classification Seniority September 12, 2011
Rank Category
Dept.
D.O.H.
Classification
Classification
First Name
Last Name
App Rcd Date
Seniority
Change Date
Line Personnel
67
04/04/11
FF /EMT
04/04/11
Cameron
Cowart
05/25/10
Line Personnel
88
04/14/11
FFIEMT
04/14/11
Brandon
Bertini
02/08/10
Line Personnel
69
04/20/11
FFIEMT
04/20/11
Steven
Gumicz
01/08/10
Line Personnel
70
07/18/11
FF /PM
09/13/11
Matthew
Soderholm
03/04/10
Line Personnel
71
07/28/11
FFIEMT
07/28/11
Joe
Nogami
06/11/10
Line Personnel
72
07/29/11
FF /EMT
07/29/11
Dany
Ribot
03/03/10
Line Personnel
73
09/13/11
FFIEMT
09/13/11
Armando
Hernandez
04/19/10
*Acting
Page 3
Exhibit C
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
PROFESSIONAL FIRE FIGHTERS :
OF MONROE COUNTY, IAFF,
r
LOCAL 3308, '
Petiteoner, Case No. LOft20(17 -00r
V.
• i
- 0RDER , qLffijF.YING
CERTIFICA IO,N f 2�
MONROE COUNTY BOARD OF : Order Number:
COMMISSIONERS Date Q?E 5 p
. COUNTY � Ieauedt Ap�i� S, 207
Respondent,
Don Bork, Tavemler, repnesen for petitioner. .
.fames Callahan, Marattron re nesen 'v
. R t� a for respondent: �
On February 2T, 2007, the Professional Fire Fighters of Monroe doun
tjl, IAFF,
Local 39D9 (LmW 3303) filed a unit darlfqceffon petfflon see ' to inch f
krng Inc the newly
created olaam gn of fine nesous Ileetenant In a bargaining unit of su ervWo :
p ryf�
suppression personnel'ernpioy+ed by the Monroe County Ord of Co bommissionem urdy
(County) which It represents. al !
i
Logal 3N& 1AFF v. C o s�o e
No. EL 2000
(Fk. - PERC Mar, 31, 2000) (CertiffWflon 1284), � � , 31 FPER 207 (2005). _
On March 31, the Commission - appointed hearmg officer issued an order
neoornmending that the Commission grant the pedflon. Neither f filed e
part► ptjo�a to
t order. Upon review of the petition and fvr the regsons stated In
the hearing officer's
recommended order whfch Is
Inoorporded herein, we agree wfth the regue�ed
i
• M1
r
k
r
UC- 2007 -005
moatf cation of the unit. A crdin . Local 390 `
giy: S's p etition i GRANTED,, and cert#flc$-
tioon 1254 is clarified to read:
INCLUDED: Fire rescue battalion chief, shift captain/airport rescue
fir � fire re
� � scue captain, and fins rescue
lieutenant:
O(CL, FD: Senior director -- fire rescu 8e Ni0eg, akport tp!$cU9
fire fighter c hlef, EMS chief, adminlsimkw Ow fire
resoue train & men
training power, coordinator ft- sUpply &
malntenanre, EMS support servl* manager, fire
marshal, assistant fire marshal, fimffghftw/paramedic
firefighterlElVIT, airport rescue f relilghter, paramedic and emergency rn�d�i technician, and all other
County employees.
Yhla order ma be appealed ppealed t0he appropriate dim# court of appeal. A notice of
appeal must be received by the Cornmissfor* and the dkM court crt
appeal withIn 1hirty
days from the date of this order. mecca t ih
Pt cease of lndlgercy, the avurt will wire a
fiftV fee and the Commission wiu require a ant flor re a
p ym p p ring the record on appeal.
, Further explanation of the right to appeal Is prWded in Sections
120.68 and 447.,
Florida Statutes (200M, and the Florida Rules of Appellale pm
It is so ordered.
POOLE, Char, KOSSUTH, JR., and VARN, Commissloners concur.
1 HEREBY C `fIFY that
ply on aoPY served o� each
this document was filed and a .
2007.
Nk
Bye . 4, '
_ C eric
2
,
i
t
FI12EFIGH'I'ER / PEl,RA1VIEDIC REPAYMENT AGREEMENT
EXHIBIT D
{TAPE Collectively Bargained Agreement —Unit One)
EMPLOYEE NAME hereinafter referred to as TRAINEE, agrees as
follows:
COUNTY WILL ARRANGE FOR TRAINING
The COUNTY agrees to send TRAINEE to (check one):
[:]Firefighter training
[]Paramedic training
to be field at day of commencing on or about
�� •
WAGES FOR FIREFIGHTER 'TitAINEES (Section 7.1.1)
A. The COUNTY will pay the TRAINEE a base salary eq ual to (90%) ninety percent of
the base salary of an entry level Firefighter /EMT during TRAINEE'S satisfactory
attendance and performance of all of TRAINEE'
S dunes, when the TRAINEE
successfully completes the Florida State Fire Marshal's Bureau. Fir Standards &
Training examination for certification as a Florida State Firefig and meets all
. gh
other requirements for Florida certification as a Firefighter, then '
. � TRAINEE w i ll b e
paid 100 /o of the base salary rate for Firefighter /Paramedic.
B. If TRAINEE does not complete all requirements to become a
Florida certified
Firefighter within one year of TRAINEE'S date of hire then the '
discretion m s e Fire thief, at his
may recommend termination of the TRAINEE.
WAGES FOR PARAMEDIC TRAINEES Section 7.3.1
A. The COUNTY w ill p the TRAINEE a base salary equal to
�' � ninety percent (90% o f
the base sala of an entry level Firefighter/Paramedic during RAINEE'S
satisfactory attendance a g
and performance of all of TRAINEE'S duties. when the
TRAINEE successfully completes the Florida Department
of Health Paramedic
examination for certification as a Florida State Paramedic and meets all other
requirements for Florida certification as a Paramedic, then
o arame TRAINEE wi be paid
100% of the base salary rate for Firefig hter/Paramedic.
g
B. If TRAINEE does not complete all requirements to
q become a Florida Flonda certified
P
aramedic within one year of TRAINEE'S commencement
Of the course, then the
Fire Chief, at his discretion, may recommend terminat of the TRAINEE.
I of3
TUITION, BOOK, AND OTHER COST OF TRAINING
TRAINEE agrees to reimburse the COUNTY for tuition, books and training materials,
(hereinafter referred to as TRAINING COSTS), paid by the COUNTY on TRAINEE'S
behalf, if
A. TRAINEE withdraws from the course, or fails to complete the course in a
timely fashion, or;
B. TRAINEE fails to obtain his or her certification from the Florida State Fire
Marshal's Bureau of Fire Standards & Training (Firefighter certification
within 12 months after date of hire, or;
C. TRAINEE fails to obtain his or her certification from the Florida
Department of Health (paramedic certification) within 12 months after
completion of the course, or;
D. TRAINEE voluntarily resigns or abandons his or her position before
working as a certified paramedic or Firefighter for Monroe County Fire
Rescue for a period of two (2) years from certification date, or;
E. The Fire Chief revokes the appointment of the TRAINEE with cause during
the TRAINEE'S enrollment i rse.
n cou
REPAYMENT SC DU L E
Repayment is pro -rated depending upon the length of employment following certification
according to the following schedule:
Within 5 months: Repayment of 100% of the full amount of TRAINING COSTS
Within 12 months: Repayment of 75 of the full amount of TRAINING
COSTS
® within 18 months: Repayment of 50% of the full amount of TRAINING
COSTS
* 'within 24 months: Repayment of 25% of the full amount of TRAINING
COSTS
If TRAINEE successfully completes the course and satisfactoril erforrns h'
y p is or her duties
as a Paramedic or Firefighter as required herein, then the COUNTY/Fire Chief agrees gr es that
TRAINEE shall
have no further financial obligation as a result of any a ent made to
TRAINEE or on his or h p �
her behalf, pursuant to this Agreement.
TRAINEE TO PAY COSTS OF COLLECTION
TRAINEE agrees to pay the COUNTY all reasonable costs of collection and '
attorney s fees
incurred by him in the event the COUNTY is obliged to collect an funds advanced anted to
TRAINEE
pursuant to this Agreement.
2 of 3
I
SEVEIiABILITY CLAUSE
If any part of this Agreement is ruled to be unenforceable, the remaining p arts of the
Agreement shall still be legally binding.
THIS IS INTENDED TO BE A LEGALLY BINDING DOCUMENT. BEAD IT
CA REFULL Y. .DG NOT SIGN IT IF YO DG NOT UNDERSTAND IT, OR IF yo U
ARE NOT WILLING TO BE BGUND B Y ITS TERMS.
Fire Chief
Monroe County Fire Rescue, Florida
Signature (Chief)
Print Dame
ACKNOWLEDGEMENT
Signature (TRAINEE)
Print Name
BEFORE ME, the undersigned authority, ers
p ovally
appeared, who identified himself/herself to me and produced satisfactory proof of
identification, and acknowledged to me that he/she executed the foregoing g g freely,
voluntarily, and for the purposes therein expressed.
Dated this day of
Florida. +
Commission Expires:
s 20 at
Notary Public, State of Florida
3 of 3
Exhibit E
Per Article 8. 1, base salary shall remain as in FY 2011.
AGREEMENT BETWEEN
MONROE COUNTY, FLORIDA
PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3909
UNIT ONE
Page 1 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
TABLE OF CONTENTS
ARTICLE 1: INTRODUCTORY MATTERS .............. ........................ sea ............................rt.. 1
ARTICLE2: DEFINITIONS .................................................................... ..............................4
ARTICLE 3: UNION RIGHTS AND RESPONSIBILITIES ................. ..............................1 0
ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES ..... .............................14
ARTICLE 5: GRIEVANCE PROCEDURE ............................................ .............................16
ARTICLE 6: SENIORITY, LAYOFFS, RECALL ............................ .. sea moose ....... so .............. so 2
1
ARTICLE 7: CERTIFICATION, STANDARDS, AND TRAINING ..... .............................24
ARTICLE 8: SALARIES AND SUPPLEMENTS .............. ...............................
ARTICLE 9: EMPLOYMENT BENEFITS ................................. ...............................
ARTICLE X: MISCELLANEOUS PROVISIONS. *@am*@@ o-oosoosoosose m oose am we sees as
Page 2 of 44
THIS COLLECTIVELY BARGAINED AGREEMENT is entered into b the Board
Y of
County Commissioners of Monroe County, Florida ( hereinafter "County" or
" Employer " ) ) and the Professional Fi refighters of Monroe Coun
International Association of Firefighters. Local 3909 hereinafter "Union"
I
Employee Organ , Organization or "Bargaining Agent")
9 p ursuant to th
authority of Part II Chapter 447, Florida Statutes; and hereafter this Agreement �. may
��
be referred to as the Unit one Agreement.
ARTICLE 1: Ii 'TRODUCTORY MATTERS,
1.1 Pur o I The purpose of this Agreement is to set forth terms and conditions of
employment of the public employees Union and for the operation of the Fire/Rescue
/Rescue
Services provided by the County. Further, it is the intent of this Agreement t
g o promote
effective protection of the residents of and visitors to Monroe Count to provide for
in y,
the safety of the employee in the performance of his or her duties;
to insure the
i
economy n the operation of the Fire/Rescue Services; to provide for the cleanliness
maintenance, and proper care of equipment; to establish rocedures for the fair and
d
peaceful adjustment of differences between the employee or Union and the Coun that
may arise from time to time; and to promulgate rules and regulations for ethical
conduct in business and relations between the employees, the Union and the County.
nty,
Finally, it is the intent of this Agreement to provide fora reat degree of harmon 9 g y and
understanding between the County, the employee, and the Union.
1v2 Reco ni ion a n Ce Union M na emen fth
1.2.1 Union Select a n Requ The Union is the employ or org anization
9 n
which has been selected by a majority of the Fire/Rescue Services employees of th
County for purposes of collective bargaining with the Count and in accordance dance with
Section 447.307(1 )[a), Florida Statutes, the Union has requested the
q county to
recognize the Union as the bargaining agent for the said employees.
1.2.2 Uni n Recoaniti The County is satisfied as to the majority � y of
the Union and the appropriateness of the ro osed unit in accords '
P P accordance with Section
447.307(1 )(a ), Florida Statutes,
1.2.3 Certification The Florida Public Employees Relations Commi
( "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
p esentative
of all employees in the unit. A copy of the certification document
is attached to
this Agreement as EXHIBIT A.
1.2.4 Unit Det The unit covered b this A Y 9 nt has been
determined to include county employee positions of Emergency Medical
( "EM T "' ), g cy ca I Tech n �c�a n
Paramedic, Firefighter/EMT Firefighter/
. Paramedic, Airport
Rescue Firefighter, and Flight Nurse. For convenience to the '
Union and County,
this unit may be referred to as Unit One or Unit 1.
Page 1 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
1. 2.5 Ex I sire - Management Ria hts Section 447.209, Florida Statutes
provides the County with the authority to determine unilaterally the ur ose of each of
P P
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 discipline action for proper
er P P
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 A reement 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
.. P p ther a
specific matter Is a management right, or as otherwise provided b Florida law. The
below
ow enumerated rights are not exclusive, but indicate the type of matters or rights
which belongs to or is inherent to management. An of the rights, powers, Y 9 p , and
authority the County had prior to entering into this Agreement are retained b
9 y 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 polic and rocedures inclu . Y P ding the
right_ to manage the affairs of the fire /rescue services; (2) the rig to determine the
starting and quitting time and the number of hours and shifts to be worked including
the need for overtime work, subject only to contrary provisions of this Agreement;
P (3)
the right to establish, change, or modify work schedules subject only to co
.h ] y c
provisions of this Agreement; staffing of equipment and apparatus; amount and types
equipment; ( 4) �
of equipment; and placement and location of a ui '
q p � the right to direct the
members of the unit, including the right to hire, suspend, demote romote transfer
P er, discipline, and discharge any unit member for just cause• (5 ri tem ' } 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 Count including the right
tY 9 ht 9
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 roe prote
tY p p rty
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 f
g new
employees and the on -going training, certification, and cross - certification of u nit
members; (10) the scheduling of operations; (11) the establishment amendment
and enforcement of fire/rescue operations rules, regulations, p olicies, p rocedures , and
.• P .p
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 q p or a
change In existing methods or techniques; (14) the lacin of seconds P g second services
temporarily; maintenance; or other work with outside contractors or other agencies 9 s of
the e county, any municipality within the county, or state or federal agencies; 15 the
determination of the number of ranks and number of ersonnel within the ' •
P e unit, (16)
the determination of the quantity and amount of supervision to be r
P 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 an person not Y P covered by this
Agreement to perform any task or assignment.
Page 2 of 44
COLLECTIVELY BARGAINED AGREEMENT mm UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY IAFF LOCAL 3909
1.2.5 Notice of Exercise of Mana men Rig s The count a grees t
. , Y g t hat
prior to unilaterally exercising any of its management rights detailed in Section 1.
9 2.5
which will directly affect the unit's operations the Count will in non-emergency
mergency
situations,, provide written notification to the Union President either b U.S. P ostal
osta 1
Service Mail, certified or return receipt requested; in erson b hand- delive •
P Y hand-delivery; or by
electronic mail with confirmation of receipt as may be provided b the electronic
. P y on�c mail
software application. Non - emergency written notification shall be given at le
g ast twenty
(20) days prior to e effective date of the management right to be the 9 g exercised as
identified in the notification. In emergency situations, notice shall be iven
g as soon as
practicable and in such form as may be reasonable under the circumstances.
1x2.7 N n - W iv r N n - Ex I siVi The provision of an notice pursuant Y p to
Sections 1.2.5 and Section 1.2.5 shall not be deemed to be a waiver of a '
any rights or
prerogatives of the county to which the county is entitled ursuant 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 �n
the future, and it is specifically agreed by the Union and the Count
ty that any right or
function of the county not specifically relinquished or altered b th s Agreement is
reserved to the county. Further, the Union and Count agree that
Y 9 the rights,
responsibilities, and prerogatives inherent in, or legal! provided to the County Y P my and the
County Administrator cannot be subject to an grievance arbitration
i Y 9 or anon proceedings
except as may be specifically provided for n this Agreement.
1.,3 Nollm iscrim1nation
1.3.1 NQn- Aci reement The count and Union a
0 Y agree that both
oppose se discrimination or retaliation on account of, and neither shall discriminate criminate nor
retaliate against any employee or Union member on account of
. ,race, color, creed,
gender, national origin, marital status, gender orientation sexual
. . preference, age,
religion, union activity, handicap or disability except as may be e
P y p ermitted itted o r allowed as
a bona fide occupational qualification under federal or state law.
- 1-3.2 Discrimin ion Re lia i n Not Grievablp While the
County and
Union agree that unlawful discrimination and unlawful retaliation h '
have no place i n the
County's workforce, federal and state laws provide specialized r
P p protections, procedures
and remedies for such misconduct. Therefore, claims that the •
County or the Union
engaged in unlawful discrimination or unlawful retaliation shall exclusively ely be processed
through the statutory, administrative and judicial procedures that •
p t exist to entertain and
resolve such claims. Therefore, any such claims is n '
claim( s) of subject ect to the
grievance/arbitration procedure of this Agreement.
133 Ines i a i n of Com lain of Dis crimination The Coun and Union
agree that any allegation of discrimination against the count or ' •
9 y the Union that �s
received by the County shall be investigated and resolved in accordance with the
County's internal administrative procedures and the County hall '
ty additionally have the
Page 3 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
right to forward any allegation of discrimination to an a s
Y tats or federal
agency as the County may deem appropriate.
1.4 No S ri ke No LQ!Gk
1. .1 In n ire Reli f The County and Union agree that the Co unty unty 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 larg Accordingly, '
g gly, the Union
i
agrees that n 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 efinacourtof
jurisdiction competent without notice to the Union.
1.4.2 No 51 ri 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 n support of a work 9 pP 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 '
h 9 q e remedies �n
the event of a strike.
1.4.3 No SUDpQrt Bv Union The Union ag rees that it shall not
n 9 • support,
c
o done, encourage, authorize, sanction, or ratify n violation of sub -
Y Y section 1.4. 2
above. The County agrees that the Union shall not be held liable f '
or any violation of
section 1.4 if it is reasonably shown that neither the Union nor an Union officer
supported, condoned, encouraged, authorized, sanctioned or ratified suc
ch action. In
the event any Union officer becomes aware of an activity •
Y ty, ether verbal or physical,
which is intended or may be reasonably be construed to be in '
instigating a strike, work
stoppage, work slowdown, boycott, picketing, or other activity in v'
9 y v iolation of this
Agreement, that officer shall immediately attempt to discourage '
p g such activity and shall
immediately notify the appropriate managerial authority f such action,
on.
.1.4.4 No L, ckout 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 erms shall all have the
meanings as set forth, unless the context specifically provides otherwise
2.1 Administrative Pr v e i n -- for u r oses of disciplina '
p P p ary proceedings, means any
non - judicial hearing which may result in the recommendation, on, approval, or order of
disciplinary ry action against, or suspension or discharge of, a firefighter,
Page 4 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
2.2 Ad vanced Ift SURR r means treatment of life threatening medical 1 emergencies
through the use of techniques such as endotracheal intubation the '
. t administration of
drugs or intravenous fluids, telemetry, cardiac monitoring, cardiac '
g, c defibr�llation by
a qualified person pursuant to the rules of the Florida Dep artment of Health,
p
2.3 Adva nced life SURR OrILservicg means an eme medical Y g y t r ansport or non -
transport service which uses advanced life support techniques,
2.4 Air Ambulance means any fixed -win or rotar aircraft
. 9 oa
. • . ry g �ft used for, or
intended to be used for, air transportation of sick or injured persons requiring ] p requ�r�ng or likely
to require medical attention during transport.
2.5 Am means any privately or public! owned land or '
Y water vehicle that is
designed, constructed, reconstructed, maintained equipped, o
r operated for, and is
used for, or intended to be used for, land or water transportation '
. p n of sick or injured
persons requiring or likely to require medical attention during transport. The term also
so
includes "emergency medical services vehicle."
2.6 ARFF means Airport Rescue Firefighter.
2.7 B sic life SuRR means treatment of medical emergencies
genc�es by a qualified
person through the use of techniques such a5 atient assessment � . P cardiopulmonary
resuscitation (CPR splinting, obstetrical assistance, Banda in administration g g► of
oxygen, application of medical anti -shock trousers, administration of a subcutaneous
injection using a pre - measured auto - injector of epinep hrine to a erso
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 Bch have
been approved and are performed under conditions specified Florida p by rules of the Flori
Department of Hea
2.8 B .. Asic lift s r servige means an emergency medical '
Y g Y service which LJSeS
only basic life support techniques.
2.9 Barcia unit or Unill means the employees re resented
p by the Professional
Firefighters of Monroe county. International Association of Firefighters,, Local 3909,
2.10 Bumnina Rilah M means the right of an employee covered by this Agreement to
displace an employee of lower seniority, b this - •
tY, y Agreement, from a p
covered by this Agreement, but only in accordance with the terms and conditions of
this Agreement.
2.11 -Chief executive off i er, as general! defined in S Florida Y Section 447.203, Flori
Statutes, shall mean the county Administrator.
2.12 cl ssific ti n s :ft. shall mean the length o '
g f time of full -time employment
Page 5 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3989
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 Continu rvi a as required for advancement within salary ranges and for
other g
r purposes specified under this Agreement, means employment by Monroe County
Fire Rescue on a probationary, regular, or acting appointment basis without break or
interruption, and shall be interpreted in accordance with the Monroe County Fire
Rescue policies and procedures as of October 1, 2008.
2n14 n means the political entity known as Monroe count and includes ud
Y► es the
Board of County Commissioners, the County Fire chief, the County Administrat ,, 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 Secti 7.44,
Florida Statutes,
2m15 C means any county court or state circuit court in Florida and an federal
court in Florida having subpoena powers and exercising uch power upon a
g p p unit
member as a result of action or involvement in, or observance of a situation
' o while �n
the members capacity as a county employee.
2a 16 D senio ri shall mean the length of time of full -time regular
employment with the county, calculated from the last hire date.
2.17 EmeEg means a circumstance requiring mmediate action; a
9 sudden,
unexpected happening; an unforeseen occurrence or condition.
2.1,8 Emer en M i ll Servi es means the activities or services to prevent or
treat a sudden critical illness or injury and to provide emergency medical --
g y care and pre
hospital emergency medical transportation to sick injured or otherwise '
J erw�se �ncapac�tated
persons.
2.19 Emergency medical se i es vehi 1 means an ambulance.
2.20 kmerg me is I t ec hnician means a erson who is certified d by the Florida
Department of Health to perform basic life support and is authorized
P by the medical
director to act in such capacity.
2.21. EmD, byes means a member of the bargaining unit unless the
g 9 � context
specifically requires a different meaning.
2 e 22 !-m.RL0Me§ oraanization means Professional Firefighters of Monroe n roe County,
Local 3909 International Association of Firefighters.
2. Emolover, means Monroe County, Florida.
2.24 Fire App arAtljs also referred to as Engine Apparatus or Engine 9 PP g e means a vehicle
Page 6 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
of 10,000 lb (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 Firefi her means any person employed b Monroe Count who h
Y y olds a
certificate of compliance pursuant to Ch. 633, Florida Statutes and whose ri
p many
responsibility is the prevention and extinguishment of fires and the rotection and
nd
saving of life and property. The term includes "firefighter employee" as defined in
Section
ion 633.802(3 }, Florida Statutes, and "firefighter" as defined in Section 112.81(l
Florida Statutes, and Section 633.30(1 ), Florida Statutes,
2.26 Flight Nurse means a person possessing a valid unrestricted Florida license to
practice nursing (RN) who is cleared by the medical director to participate in the
Monroe Countv Fire Rescue emergency medical system and who is in fact acting in
that capacity. Flight nurses are employed either as full-time employees or
emnlovees paid on an hourly basis as defined in the Monroe County Personnel
Policies and Procedures Manual Flight nurses who are paid on an hourl basis are
not entitled to any emplovment benefits, including but not limited to those
enumerated in Article 9 of this Agreement
2.27 Florifja Firefigh O=Dp fign@1 S fet and Hqalth Act or F
FOSHA
means the provisions of Sections 633.801 through 633.821, Florida Statutes.
F rm I Inve i a ion means the process - of investigation ordered Bred by
supervisory personnel, after the supervisory personnel have previous! determined that
the firefighter Y
shall be reprimanded, suspended, or removed during hich the
questioning of the g
q g firefighter is conducted for the purpose of gathering evidence of
misconduct.
2.29 Grievanc e means a complaint, dispute, or controversy n which it i
Y s claimed that
the Union, the County, or a County employee has failed in an obligation gation under this
Agreement, which involves the meaning, interpretation, or application of this
. P ppl icati
Agreement, and where the grievant, the Union or the Count believes es that rules have
been misapplied or violated.
2.30 Holidav means a day, beginning at 12:01 A.M. and ending --
four (24)
hours later, which the County has g twenty as recd nized in its ordinance -
9 s, resolutions, policies
and procedures as a day on which most coup offices are usually y closed. The County
recognizes the following days to be holidays: New Year's Day, Y. Day, Martin
Luther
Kings Birthday, Good Friday, Memorial Da Independence Da
Y p y, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, Thanksgiving '
9 Y• g g Friday, Christmas Day.
2.3 of rm l In au means a meeting supervisory or
9 Y p ry 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 -
. P p which meeting is to
mediate a complaint or discuss the facts to determine whether -
a formal investigation
Page 7 of 44
COLLECTIVELY BARGAINED AGREEMENT UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3989
should be commenced.
232 Interro ion means the questioning of a firefighter b an employing
9 Y agency in
connection with a format investigation or an administrative roceedin but shall
p 9 not
include
arbitration or civil service proceedings. Questioning ursuant to an P informal
inquiry shall not be deemed to be an interrogation.
233 Ladd Tr k Awaratus or Ladder Tr means an fire ap paratus '
Y pp tus equipped
with a power operated ladder, tower, platform, or articulating evice
g whose primary
i
purpose s to provide firefighters with access to levels of height beyond the reach of
- rased
y ladders
manual! ' g Y
.
2.34 LegiElativel o as generally defined in Section 447.203 Florida d a Statutes,
means the Board of County Commissioners of Monroe County.
Y
235 - Member shi es tUuction means the amount established b the Union to
be paid on a monthly basis by Union members as and for the privilege p g of belonging to
the !Union, and which amount has been agreed b the Union member
Y to be deducted
by the County from the Union member's salary nd wa ges and p ai d rY g p d by the County
directly to the Union. Such deductions shall not include initiation
n fees special
assessments, or other charges which may be imposed from time to time b the Uni
y n.
235 M I i agreement means a written agreement between t
.9 t wo or more
entities whereby the signing parties agree to lend aid to one another under conditions
d�tions
specified in the agreement and as sanctioned by the County.
Y
237 Paramedic means a person who is certified b the Florida Department Y p t of Health
to perform basic and advanced life support, is authorized b the medical director ctor to
act as a paramedic and participates in Monroe County Fire Rescue emergency g y
system in that capacity.
238 P Perhod means a two -week period commencing at 12:01 A.M Sunday
through 12,00 Midnight Saturday.
2.39 PERC means the Florida Public Employees Relations Commission.
on .
2.40 Picketing means attendance by one or more Union m embers outside of a
County facility or wo rksite during, and in support of (1) a stri k e, work stoppage or
work slowdown, or (2) in connection with a concerted failure or refusal 1 to perform work
lawfully assigned to Union members, when such attendance ' '
�s designed, intended, or
has the effect of harassing, coercing or intimidating n g y C ounty employee to refuse to
perform lawfully assigned duties or to take a course of act' •
ion in violation of this
Agreement or any federal, state, or local law.
2.41 Pum er also referred to as Engine, means a piece p of fire apparatus with a
permanently mounted fire pump that has a rated discharge capaci g p ty of 750 gpm (2550
Page 8 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
L/min) or greater, water tank, and hose body as defined in National Fire Protection
Association Standard 1901.
2.42 ARgaratijs or Rmscue means an vehicle whose ri ma
Y P rY
function is to carry equipment and manpower designed to facilitate the rescue cue of
trapped or endangered persons from unusual circumstances including automobile
. g obile
accidents. cave -ins, fires, building collapses, and other serious bodily injury or Y ] ry life -
threatening situations.
243S,hift. a period commencing at 8:00 A.M. and endin g twenty-four -four hours
later at 8.00 A. Me
2.44 Strike shall have the same definition as that contained in Section 44 7-203,
Florida Statutes,
2.45 Sumlem=Aall Compensat means the comp ensation to be
p paid to
firefighters pursuant to the provisions of Section 633.382 Florida Statutes.
2z46 for purposes of Section 1.2.5, s a p eriod of '
� mean P time not to
exceed nine months, unless otherwise agreed to in writing by the count and the
Union. Y
2.47 Vacate means an open position resulting rom the creation of '
9 anew position,
voluntary or involuntary termination, retirement death promotion, , or demotion. A
i
vacancy s not created as a result of a reduction in force, temporary assignment or
transfer, or temporary appointment.
P rY 9
2.48 Volunteer means a person who, of his or her own free will provides des goods or
services to Monroe county government without receiving monetary moneta or material
compensation from Monroe County. The recruitment and use of volunteers will be
generally pursuant to the provisions of Sections 125.9501 through 125.95
Statutes.
g 06, Florida
2.49 Week means a consecutive period of seven days,, the Y . 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,
_ 2.50 Workdays means Monday through Friday, excluding holidays, Y 9 y , where
otherwise specifically defined in this Agreement.
2.51 Work C cle means the 27 -day period used for p of
. p p calculating and
crediting or paying overtime in accordance with the eneral principles
Standards Act.
9 p p s of the Fair Labor
2.52 Workwe k means, for salary purposes, seven consecutive days, commencing
on Sunday at 12:01 A.M. and ending the following Saturday at 12:
g y 00 Midnight,
Page 9 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
ARTICLE 3: UNION RIGHTS AP 1 D RESPONSIBILITIES
2..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 QedudLQns The County agrees to deduct from
the each unit members 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 been specifically authorized in
writing by the unit member to be deducted. Deductions shall be taken from 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.
3.1.2 Discontinuance of Deduction The unit member may elect to revoke his
. Y
or her authorization to deduct union dues and assessments from his or her salary rY by
prodding written notice of revocation to the County, and a co of the notice to the
e
Union. The County shall cease to make such deductions during he period which i
9 pay s
thirty (30) days immediately after receipt of the revocation in writing from m the unit
member. The County shall continue the deductions only o Ion as the employee Y 9 p yee has
enough net salary after all other deductions to cover such deductions and the
County
shall not be held responsible for a refund to the employee if the
employee has
duplicated a deduction by direct payment to the Union. The Count
. dd i y shall have no
liability to the employee or the Union for the dues and uniform assessments deducted
from the employee's salary.
3,1.3 COUM Not Involved in C ll t i n of Fines: Penalties, or S
e ial
Assessments The County as a public employer, is expressly prohibited b
p Y p y Section
447-303., Florida Statutes, from being involved in the collection of an fine, ,penalty or
special assessment charged against a unit member.
3.1.4 Remi n e To Union The County shall remit to the Union by County
check or warrant the total amount of union dues and uniform assessments deducted by
the County from the unit members' salaries. Such remittance shall be
forwarded to the
Union at the same time as employee salary checks or warrants are sent to County
employees. In lieu of receiving a check, the Union can elect to have the
County make a
direct deposit in a Union - specified institutional account within the o
ge graphical limits of
Monroe County and with an institution with which the Count has a
Y current direct
deposit agreement.
Page 10 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
3.1.5 County's Costs The Union and County agree that the County shall
receive an annual fee of fifty dollars ($50) on October 1St of each year of this contract
as the County's reasonable costs for handling the deductions made from unit members'
salaries.
3.1.5 _ CutLent Unit MeM Koster The Union shall have the responsibility
P Y
for keeping the county informed on a timely basis of those employees of the County
who are unit members and from whose salaries deductions are to be made.
3.1.7 Union to Indemnify n Hol Cgunt Hgrmlkess,, The Union agrees to
indemnify and hold the County harmless against an and all claims suits or
. .. . Y other
forms of liability arising out of the deduction from an employee's sala an Union salary y on dues
or uniform assessments. The Union assumes full responsibility for the disposition of
p
the deduction once it has been remitted by the County and received by the Union.
3.2 Rich f M m Crs nd Non- Mambers.
3.2.1 No Co n Discrimination., The Union and Count agree that an
join Y 9 Y
employee is free to 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
Y
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
g
or taken part in any grievance procedure or other hearing, negotiation or an 9► 9 y other
form of legal activity on behalf of the Union.
3.2.E No Uni n jn
. Ae . rfgrence., The Union and Count agree that all employees
9 p y
shall have the same right to refrain from membership n the Union. The
P Union agrees
that it will not interfere with, coerce, or intimidate an employee into joining Y 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 e wi ll be no
interference with the free right of any employee or member of the ublic t
P o enter and
leave work sites and property of the County unmolested unthreatened
un- intimidated. an
3.2.3 CI ims of Discrimialtion or Inteiference Interference An claim of discrimination
Y i urination
or interference in violation of Section 3.2.1 or 3.2.2 shall be assert
h the asserted exclusively
throw
g e Florida Public Employees Relations Commission or through
grievance-arbitration g the
9 procedures of this Agreement.
3.3 Union Business
3.3.1 Uni n B si ness Mee in s Employees elected or appointed ppointed to
represent the Union shall be allowed to use County facilities to conduct regular and
Page 11 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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
g at
times and locations which will not unduly interfere with the County's fire re
Y fire/ rescue
operations or result in a violation of the minimum staffing requirements of
9 q any
fire/rescue facility. Attendance at the meetings b the Union representatives Y p tives who are
on duty shall be at no loss of pay for the Union representative during the a '
. g dual time of
attendance and for travel time to and from the meeting. The times spent b -
9 p y 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 3.50
33.2 Uni n RepreEentative for Gri v n e An unit member desiring g 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 g es to
permit the member and the Union representative to meet briefly during Y g hours
concerning a potential grievance, provided the member and Union representative have
the permission of his/her immediate supervisor, and further provided •
. p ed that the meeting
does not disrupt or interfere with current fire/rescue operations o
p r result in less than
minimum staffing. The Union agrees that this privilege shall not be utilized to prepare
p
formal grievances during work hours but is to be used to simply and briefly p Y iefly consult with
the member and/or a supervisor in order to avoid the necessity f r
ri Y processing a formal
grievance or to consult with the member to set an appointment for after working ours
to prepare a legitimate grievance, g
P g
333 NatLmal and 5"teAsso
i i n Mee 'n
33 3.l National Meetings The County agrees that members of the
bargaining unit shall be allowed to attend one national) recognized . y gnized professional
association related to the . fire/rescue services professions during he Count 's fis cal
9 y
year. The time spent by a unit member away from the member's regularly g ly scheduled
duties while traveling to, from, and attending uch meetings shall b
9 g e deducted from the
Union pool hours provided for in Section 3.5.
333w2 s, Meetings The County agrees that members of
the
bargaining unit shall be allowed to attend one Florida state recognized •
e ognized professional
association related to the fire/rescue services professions during he County's '
9 y s fiscal
year. The representatives shall be entitled to reimbursement for travel, meals, and
lodging in accordance with County policies and rocedures. The he time spent by a unit
member away from the member's regularly scheduled duties while
e traveling to, from,
and attending such meetings shall be deducted from the Union
pool hours provided for
in Section 3.5.
3.4 C I I ive Borwinina Leave For Uni n "e otiatin The County and
Union agree that the Union Negotiating eam shall consist t of three (3) members
regular negotiating team " ), selected b the Union. The •
Y e Union may designate up to
three (3) additional members ( "additional negotiating to •
g g am } to provide representation
during negotiations, but such additional members representation
at, and involvement in
Page 12 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
negotiations shall not be at the expense of the County. The time spent b a regular
Y 9
negotiating team unit member away from the member's regular) scheduled duties
Y
while traveling to, from, and attending such negotiations shall be deducted from th
Union pool hours provided for in Section 3.5.
3.5 Union Pool !Lours
3s5.1 Allocation of Hours In each fiscal year covered by this A reement the
9 ,
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
. . ► ated
activities. A total of one hundred twenty (120) hours is allocated b the Count for use
during Y
ng each fiscal year of this Agreement,
3.5.2 Use andft of Hours The County shall contribute a maximum of
120 hours per year while allowing Union members defined b the Union a
� Y s dues -
paying members) to contribute a maximum of three (3) hours of vacation time P er
year. The hours donated to the Union pool by Union members shall be utilized on an
hour for hour basis so that for every one ( 1) hour which is contributed by t he County,
one (1) hour is used from the hours contributed by the members. If there are no
hours contributed by the members of Local 3909, Local 3909 would not be able to
utilize the hours contributed by the County. Any members whose time is '
being paid
for out of this pool and who is -injured while using nion pool hours
9 p shall not be
considered to have suffered an in the line of duty injury for purposes either
J rY p p of Florida
Retirement System or workers' compensation. For hours allocated ursuan
p t to Section
3.5-1., above, only actual hours approved by the Count Fire chief for use se prior to
September 30th of a fiscal year shall be counted against the allocated hours
9 for that
fiscal year. Hours allocated pursuant to Section 3.5.1 above not approved
. pp ed and used
shall be forfeited and not carried forward for use in an subsequent fiscal
Y q year. Hours
contributed by union members shall not be forfeited and shall be carried over.
3-5-1 For Use of Union Pa ll Hogrg Request for use of Un i
q on pool
hours shall be submitted in writing on a form to be provided b the Count '
Y y The unit
member requesting to use Union pool hours shall obtain written approval pp from the
Union president, vice - president, or secretary prior to submitting he request eq uest to the
County Fire Chief. Such approval shall be indicated on the request form. One
q form
shall be submitted for each unit member for each a period in which Union
are to be used.
P Y P ion pool hours
3,5.4 Submittin& s s Request forms shall be submitted to the C ounty
Fire Chief so as to be received by the County Fire Chief at least seventy-two y (72) hours
prior to the date and time the unit member is requesting to be relieved q 9 eyed fro m
operational duties in order to use Union pool hours, unless the event in ues '
q tion
creating the need for Union pool hours is scheduled on less than sevent -tw
y o (72)
hours' notice, in which case this rule will be waived. Request forms s wh ich are not
complete when submitted to the County Fire Chief shall be returned to the unit
member without further review or action by the County Fire Chief.
Page 13 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
3.5.5 ResRonlibility of CQuntv Fire Chief The Count Fire Chief
Y shall be
responsible for tracking and monitoring availability and use of Union ool hour
fin p s, and for
al approval of unit member requests for use of Union Pool hours. Requests nests for use
of Union pool hours which are disapproved by the County ire Chief
tY may be appealed
by the unit member, and such appeal shall be considered and processed
. . p sed as a grievance
under the applicable provisions of this Agreement.
3.5 Names of Union Re r n iv The Union President shall r
p ovide to the
County Fire Chief a written list of the names, duty locations addresses an
. Y d 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,
.. g ent, and shall
update the list in writing within fifteen (15) days of an change.
e. 9
3.7 Bulletin Bo"r is The Union shall have the right to install and maintain 9 aintain at the
Unions cost a bulletin board at each County facility o which Union
Y 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 ted materials
shall be subject to review and approval by the Count Fire Chief; shall Il contain on its
face the legible name of the person responsible for lacin the material -
P g al on the bulletin
board; shall not contain anything of a derogatory or adverse nature 9 rY a concerning the
County or its employees or agents, or contain anything which is in -
Y 9 violation of this
Agreement; and all materials shall be dated and bear the signature of the '
resident 9 e Union
p or his or her designated representative. Materials laced on a bulletin etin board
in violation of this section shall subject the employee to disciplinary proceedings,
p ry p edings.
3.8 Printina and Dis ribu i n of AgLreement The Count will,, 11, at no cost to the
Union, print one copy of this Agreement for distribution to each facility ch facility at which
employees covered by this Agreement are assigned for duty; on '
9 y, a original copy to the
Union; and one copy to each library facility in Monroe County,
Y
ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES
4a i Qhsciollinary The County and Union agree that t no employee who has
attained career status with the County shall be discharged, demoted, muted, or otherwise
disciplined in a manner which would result in a loss of a p y, except for dust cause.
4.2 Erohgfianary ftriod All new and newly-promoted
employees shall serve a
probationary period. The probationary eriod shall be considered sidered the last step in the
selection or promotion process, and the ur ose of the r •
P P probationary period is to allow
management to observe and appraise the conduct, performance attitude,
e adaptability
and job knowledge of the employee and to assist the County n '
qualifications tY determining the
q ations of the employee for the position to which the employee p yee has been
Page 14 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 Rofteglion of Pr i n .. ary Ern to ee An emp loyee who is in
Y probationary
status as a new employee may be dismissed from employment withou
t cause or
explanation, without right of appeal, and without recourse to the ri
B e a n ce procedures
established
by this Agreement. Any employee who is in robationa
- P ry status as a
new!
y promoted employee may be demoted to the classification held immediate! r'
Y prior
to the promotion, and such demotion shall be without cause or exp lanation,
ht f P on, without
right o appeal, without recourse to the grievance- arbitration rocedures established p e by
this Ag reement, and without recourse to Career Service Act procedures.
4.5 PrOR QLisciDrin a n Pre - De errnin ion H rin An ro o ' . y p rop osed sed discipline
of a non -- probationary employee subject to this Agreement which would ould result in a
suspension without pay, termination of employment, demotion, or a reduction in b
se
salary, shall require a pre- determination hearing. The re- determination hearing P e ring shall
be held and conducted in accordance with the rovisions of the Monroe roe County
Policies And Procedures, Section 9.11, provided such rocedures r '
P are consistent with
the following provisions:
4. . i Pr a re Whenever a firefighter is subjected to an interrogation,, 9 n, such
interrogation shall be conducted as follows.
4.5.1.1 Lgcgti n The interrogation shall take lace at the facility w
P y here
the investigating officer is assigned, or at the facility which has jurisdiction over the
place where the incident under investigation allegedly occurred
investigating officer.
9 Y , as designated by the
4.5.1.2 Mk en 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 he firefighter shall
informed nformed beforehand of the names of all complainants,
4.5. i.3 Tiime All interrogations shall be conducted at a
reasonable
time of day, is on dut preferably when the firefighter i y, unless the importance of
the interrogation or investigation is of such a nature that immediate action is
required.
Page 15 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFI OF MONROE COUNTY, IAFF LOCAL 3909
4..5al.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
i 9
investigation,, the interrogators, and all persons present during any interrogation.
44w5. ; .5 Ses ions Interrogation sessions shall be of reasonable
duration and the firefighter shall be permitted reasonable periods for rest and
. p
personal necessities.
• 4.5.1.5 Conduct The firefighter being interrogated shall not be
subjected to offensive language or offered any incentive as an inducement to
answer any questions.
41.7 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 ReRresentaSion An employee or officer of the Count may
Y
represent the county, and the Union may represent any member of the bargaining
9 9
unit desiring such representation in any proceeding in which an interrogation is to
take during e place. The presence of a representative of the Union durin interrogations
shall be permitted if the bargaining unit member to be interrogated so requests,
9 q
4.5.2 ARR The procedures in 4.5.1 shall be applicable only to a
formal investigation of a bargaining unit member and shall not apply I to an
informal inquiry involving the member.
4.5 Erner enc S s ensi n or Transfer In a situation where the County
Administrator or his or her designee reasonably determines that an emergency
9 Y
exists which could be harmful to the health, safety, or welfare of an person,, and
that p '
t an employee should be temporarily suspended from duty not to exceed a
thirty (30) day term or transferred to another duty assignment pending
Y 9 p g
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.
ARTICLES: GRIEVANCE PROCEDURE
S.1 Pur ose 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
Page 16 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 t
P g his
involving nvolving questions of the interpretation or application of an provision o
P any f
this Agreement shall be processed through the grievance- arbitration rocedure of
p 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 an bargaining
. 9 Y 9 g unit
member to utilize the procedures of the Career Service council Act concerning any
Y
matter covered by this Agreement, including but not limited to claims of improper
. .
disciplinary actions and adverse actions such as transfers demotions sus
► suspensions or
terminations. Bargaining unit members must submit an such disputes to th
Y p e
grievance - arbitration procedure herein, with the exception of claims of unlawful
discrimination or unlawful retaliation, which must be submitted through procedures
g
established by laws prohibiting discrimination or retaliation in employment.
5.2 Proceedin4 A grievant initiating and utilizing he procedures set forth 9 P i n
this Article is precluded by law from availing himself or herself of an procedures y p u res o r
remedies provided through any unfair labor procedure or the County's careers service
ervice
law.
5 inAiiation of Grievance All grievances shall be in writing nd shall,, hall, at 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 h e dates, times,
locations, names of witnesses, and other information appropriate to th (ii)
e grievance,
the section or sections of this Agreement claimed med b the grievant
Y g nt to have been
violated, and (iii) the remedy or corrective action requested b the
ri q Y grievant. If a
grievance form has been adopted by the County, that form shall be utilized 1 ized i n
initiating and submitting a grievance.
5.4 Grievance 5.t..e..ps The County and Union agree that all rievances should hould 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. i S one Within fifteen (15) calendar days of the incident
ri Y e t being
grieved, the Union or the affected employee may, the presence Y► p of a Union
representative, submit a grievance in writing through the Union to the employee's
immediate supervisor.
5.4.1. i 1 MM99 . 1!PAr r.... Sy0ervi _ sor. The original co of the completed
PY p eted
form shall
be delivered to the employee's i m mediate supervisor and a copy py shall be
delivered Bred to the Union representative. The immediate su ervisor shall attempt to
• n .p
resolve the grievance at that time by attempting to full discuss th
9 Y e 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 render writing rendered in writing within
seven (7) work days of receipt of the grievance.
Page 17 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
5.4.1.2 AareelResglu o If the employee or the Union 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, si ned
g form
shall be submitted to the Human Resources Director for lacement with the employees
mployees
employment records. No further action on the part of the count shall be required,
Y q
,54-,...`3. No Resatutig If the employee or the Union 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 immediate! n otify
. y otify
the Union in writing. The original,, signed form shall be submitted b the
y employee
or the Union to the Fire Chief within seven (7) work days of the decision of
Y the
immediate supervisor.
5.4.2 St Two The Fire Chief or authorized agent shall make such inquiry
i
q rY
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 su P ervisor's
decision.
5.4.2, i A re Rgggllutlion If the employee or the Union agrees with
the decision of the Fire Chief or Fire Chiefs authorized agent, he or she or the
9 Union
shall sign the Grievance Form acknowledging his or her agreement. and the '
g e original.
signed form shall be submitted to the Human Resources Director for lacement
p with
the employees employment records. No further action on the art of the C
be required,
p C ounty shall
5.4.2.2 No Res lu ion If the employee or the Union does not agree
with the decision of the Fire
Chief or the authorized agent. he or she or the Union shall
sign the original Grievance Form acknowledging is or her disagreement, 9 g Bement, and
immediately notify the Union in writing. The original, signed form shall b '
9 e submitted
by the employee or the Union to the County Administrator within seven (7) work days
of the decision by the Fire Chief or authorized agent.
5.4,3 Stev 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 � ) y cep pt of the Fire
Chiefs, or Fire Chiefs authorized agent's, decision.
5.4.3.1 Aareed Res luti n If the employee or the Union agrees g s with
the decision of the County Administrator, he or she or the Union shall sign the
Grievance Form acknowledging his or her a reement and the original,
9 signed form
shall be submitted to the Human Resources Director for lace '
p ment with the employee "s
employment records. No further action on the art of the Count '
P y shall be required.
5,4.3.2 No RCso11ut'i�an, If the employee or the Union does n agree
with the decision of the County Administrator or his or her
authorized agent, the
Page 18 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
employee or the Union shall sign the original Grievance Form acknowledging his or her
disagreement, and the original, signed form shall be submitted by the employee or the
Union 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.
525 Immediate DiMute Resolution If a dispute involves the '
P e interpretation or
application of this Agreement that has an imminent substantial
1 effect on the Union
itself or upon five (5) or more Union members, either the Count or the Union may
request waiver of Step 1 and Step 2 in the grievance rocedure whereupon
. P p n both the
County and Union will proceed to immediate discussions at Ste 3. Such
Step discussions
shall commence within twenty -four (24) hours, during work wee -
9 k, after notification to
the other party and shall continue for not more than seven
(7) work days. If the
i
dispute s not resolved during this time frame, the Union may initiate '
.. Y ate proceedings with
the Federal Mediation and Conciliation Services (FMCS) as rovided in P Section 5.11 of
this Article,
5.5 LxAension of Tirne At any stage during the rievance process,, 9 p ,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,
l' y , Sundays, and
Holidays idays shall not be counted. For purposes of this Article the Term " "
„ „ i working days or
work day s defined as Monday through Friday, and each day thereof.
Y y
5.7 JLmaliness Unless otherwise mutually agreed to in writing b th
9 g y e County and the
Union, a grievance not advanced to the next step n the grievance n ce
P g procedure shall be
deemed to have been permanently withdrawn and as having b
. g een settled on the bans
of the decision most recently given. Failure of the County's representative Y p esentative 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 C -
County, will entitle the
grievant to proceed to the next step. Delivery of notices under this Article u
m st be by
personal service, facsimile, electronic mail, or third art delivery service, P Y ry ce, i.e., UPS or
FedEx. The onus is on the sender to prove that the document w •
as delivered within
the time deadlines set forth in this Agreement.
5.S QnsoLigation of Griev nce .1 Either the Count or the Union County nion may consolidate at
any step grievances on similar issues or disputes.
5.9 Ern la e' Re pr ...esent a ive The Count and Union a •
Y agree that nothing in this
Agreement shall be construed to prevent any public employee from
time his or presenting, at any
her own grievance in person to the Count and having '
County g 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 iv
to have g en reasonable
opportunity
a representative present, for observation purposes only, called for the r P y' at any
meeting resolution of the grievance. No grievant shall have the right to
Page 19 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
initiate proceedings with the Federal Mediation and conciliation Services as this right is
reserved exclusively to the Union.
5.10 G ri n e N To Be Hearli Outside of pro ed re other than as '
.,. pr�ded
in Section 5,4.3, the Union and County agree that no County Commissi er nor the
County Administrator shall be approached, contacted notified either
. verbally or �n
writing, or otherwise apprised of the pendency of a grievance b the grievant,
fficer Y 9 t, Union
o
Union member, or employee covered by the Union as bargaining a gent, g g g t, when
the purpose is to have the County Commissioner or the C '
County Administrator
intervene in the grievance proceeding at any level. Upon due roof of '
P P a violation of
this
p rovision, 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 abridge any
. +. otherwise abri
employees right to freedom of speech as such right is defined
r g o r interpreted by th
federal al or Florida constitution or federal or state law.
5.11 F er 1 Medial W - ind Conciliat S rvic A bi ra i n ( FMCS),
.
5.11.1 IntenIL Proc The determination to roceed under
P this Section
shall be only by the Union or the county. Within seven ( 7) w . working days after the
decision by the county Administrator or his designee as provided '
9 p ed for �n 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 art with a P Y copy of the FMCS Form
requesting appointment of arbitrators.
5.1 1.2 Sel ion f Ar i r r Selection of an a rbitrator '
r will take place
according to the rules and procedures of the Federal Mediation
anon and Conciliat
Service. As promptly as possible after the arbitrator has b een 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,
9
5.113 Payment of Ex - p� 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 1 l..4 . Par't's Costs Each party shall be exclusive! '
y r esponsible for
compensating its own representative(s) and witnesses. If a court reporter P or verbatim
record of the proceeding is desired, and the County and the Union do not oth erwise
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 Ar i r r The ower and authorit y of the arbitrator
shall be strictly limited to determination and interpretation of the express p ess terms of this
Agreement, and the arbitrator shall not have the ower
p to add to, subtract from,
Page 20 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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.
5411.5 Li m i ion n Ba k Wag All awards for back •
wages shall be li mited
to the amount of wages, benefits and seniority hat the grievant tY g vant otherwise would have
earned from the county, less any unemployment compensation Y p on and other sums
received either directly or indirectly through the Count duri •
back pay was awarded.
9 y g the period for which
a SENIORITY, LAYOFFS, RECALL.
RTICLF 5
5.1 SenioEft ARRlicati Department and classifications seniority shall be used to
determine station assignments, as appropriate and consistent with the County's
management rights. Departmental seniority shall also be used to resolve all other
issues concerning seniority, as appropriate and cons istent Slstent with the C ounty' s
management rights.
5.2 Seni ri ftt e -- - 1111gn Classification seniority
y fvr employees vyees the
ranks of Lieutenant, captain and Battalion chief shall b ►
e based upon the individual "
last date of promotion to the position. In the even -
t of the same date of promotion to
the position, the employee with the higher departmental 9 p rtmental sen iority shall he more
senior. Departmental seniority shall be determined b the individual Y ndividual employee s
last date
of permanent hire or transfer to Monroe Count F i re � re Rescue. If two or
more employees have the same date of hire, the more senior employee shall be the
employee with the highest attained classification. If
two or more employees have
the same classification, the one who first submitted his -
or her application for
employment would be more senior. In the event one of the employees Is a transfer
from another department within the County, transferred ransferred employee shall be the
more senior employee. In the event two or more transferred
employees have the
same date of transfer, the date of initial employment
with the County, In any
department, shall determine departmental seniority. If -
y these procedures fail to
determine the more senior employee, the employees shall draw lots to determine
.
order of seniority.
5.3 The list for departmental seniority
tll
classification seniority attached here to
seniority list for Monroe County Fire Rescue.
as current employees sever employment, or
seniority lists shall be amended to reflect the
in the order of seniority among employees.
attached hereto as EXHIBIT B and
as EXHIBIT c shall be the master
As additional employees are hired or
promotions are made, the master
same and modified to reflect changes
Page 21 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT
ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA '
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
6.4 Loss of Seniors An employee shall lose his or her status as an employee and
his or her classification seniority, rank, and department if:
p seniority
6.4.1 Res" ns or OLIfts The employee resig or quits,
9 q
6.4 Disch raed The employee is discharged for just ca
9 use.
6.4.3, - - The employee retires and ceases to e •
perform any services for
the County. Enrolling into the Florida Deferred Retirement option Plan (DROP) shall
not be considered a retirement.
6.4.4 Lav off The employee has been laid off fora period •
p od 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.
6.5 Lavoff
6.5.1 Order of La At such time or times as the C •
Co unty may determine it
is necessary to reduce the work force of the employees re
o presented by the Union, the
layoff ff of employees shall occur in the following rder •
g and �n accordance with
department seniority
5.5.1,.1 First Level Temporary part -time trainee and s
shall � seasonal
employees
all be the first level of staffing to be laid off.
6.5.1.2 Second Level Probationary hires and non-permanent -
shall P Went full time
employees
be the second level l of staffing to be laid off.
6.5.1.3 Third Ve Full - time permanent employees s •
level of staffing to hall be the third
n
g be laid off.
6.5.2 Permanent EmRloygg�ayoffs
_ &Ss2 l Basis, Permanent employees shall be laid off o •
n the bans of their
seniority classification within the classification or rank.
6 . 5 .2.2 Manaaement Rig 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.
6.5.3 "Bu in C1 Ri h s
6.5.301 Mihin DeDartment Emp who
are represented by the
Union and
who are properly laid off shall not have bum •
ping rights to any other
department or division of the County,
Y
Page 22 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
6.5.3.2 Union Posi ions Excl sip Employees whoa '
other re laid off from
any department or division of the County shall not have bumping mp�ng rights to any
position represented by the Union.
4.5.3.3 Ranking Or,dgr For purposes of bumping rights within class title
of employees covered by this Agreement the last employee hired is the first employee
out.
65.3.4 Bum a ig Down When an employee
classification above the rank o r
on 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
Y in the next lowest
rank
shall either be laid off or have the right to bum •
9 p down. and this procedure shall be
followed on down until the least senor employee •
p Yee �n seniority classification has been
reached, and this person shall be laid off.
5.5.4 Notice of Lavofffs Upon the determination
of the intent to reorganize
staffing levels resulting in one or more employee
layoffs, the county Admin
shall advise the Union president of the determination writing t�on � n wr�t� ng as soon as practical.
Any employee identified to be laid off shall benotified ' '
�n writing of the reason or
reasons for the layoff and the effective date of the layoff. •
y Such written nonce shall be
given to the employee at least sixty da s rior to the e . Y y p effective date of the layoff.
The notice shall be consider
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
to • P ge prepaid, and
addressed to the employee's yes s address as shown current in the employee's er
file. personnel
6.5.5 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.
5.5.5 Re hir when rehire occurs, the Count shall -
- Y all refill the fob within each
classification or rank with the qualified individual who •
s next on the recall seniority list.
Should no qualified individual on the rehire list a •
crept the rehire offer, the county shall
be free to hire any qualified individual in accord hiring - •
accordance with County polices. Rehire
notices shall be sent by certified mail return receipt •
. a pt request, to the listed employee,
allowing seven (7) calendar days after receipt for acceptance
offer. or rejection of the rehire
6.5.7 Reh i r e QUallifl An p erson laid •
Y p off and subsequently rehired
within six months of the date of layoff shall be considered -
classification or to be qualified for the
rank to which rehired, provided an certificat
the Stat Y ton for the position
required b
Y to of Florida is in full force and effect. Individuals
after six months who are rehired
of layoff shall be required to successful! a -
y p ass a p osit i on - related
Page 23 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
medical examination and show compliance with all State of •
requirements.
Florida certification
ARTICLE 7: CERTIFICATION, STANDARDS AND TRAINING
7.1 Firefi her The county's goal is to employ individuals
P Y to perform Firefighting
duties es who possess a current, valid minimum standards certificate •
of compliance issued
to that individual in accordance with the rovisions of Se •
P coon 633.34 and Section
633-35, Florida Statutes, and applicable rovisions of the Florida
P Ada Administrative Code.
7.1.1 Firefigh Trainees The count may,, a County Y. case by Case basis temporarily employ an individual to perform firefighting duties w
g 9 who does not possess
the minimum standards certificate of compliance. Such individual shall be '
Classified as a
"trainee ", and shall be paid a base salary e qual to nine (90% rY q ty percent of the base
salary of an entry -level firefighter/EMT.
7.1.2 Trainee Emolloymellt A trainee shall be employed •
p yed for a period not to
exceed one year. During this trainee employment,, th `
. gated to, provide the opportunity .a County may, but �s not
obligated for the trainee t
Y o attend a minimum standards
firefighting academy at the County's expense. Upon P p obtaining the minimum standards
certificate of compliance, the trainee shall become a regular g ar employee, shall be paid at
the EMT.
base salary rate of an entry -level Firefighter/EMT.
hter
9 1
7.13 Termin i n of Em io men The employment '
. of a trainee who fads to
receive the minimum standards certificate of compliance sh •
all not be continued beyond
the one -year period.
7.1.4 Re men Agreement Individuals for whom
om the County provides the
opportunity to attend a minimum standards firefighting g g at the County's
expense shall be required to enter into a repayment a r
agreement. The terms and
conditions of the repayment agreement shall be substantial! i
y n the form attached to
this Agreement as EXHIBIT D.
7z1m5 Certificatio Tr inin The C •
Co unty shall provide those
training opportunities, both on -duty and off-duty •
. ty► t sufficient to maintain those
firefighting and EMS skills certification as minimall required by the State of Florida and
Monroe County,
7.2 Emerg Me is 1 Te hnici n (EMT1 CertiflMigna Fi refighters employed
by Monroe County shall possess certification on by the State of Florida as an
Emergency Medical Technician pursuant to the p rov isi ons
. P e provisions of Chapter 401, Florida
Statutes, and applicable Florida Administrative cod •
Code rules. The county shall provide
those training hours, both on -duty and off-duty,, are sufficient •
tY. to m nta �n EMT
Page 24 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA
O RIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
skills certification as minimally required b the State of Florida Y i and Monroe County.
73 Paramedig The County's ultimate oal is to provide •
9 p de professional fire rescue
services through the employment of firefighters who are also certified by the State of
Flo rida as a paramedic pursuant to the provisions of Chapter F lorida p 401, Flori Statutes, and
applicable Florida Administrative Code rules.
7.3.1 ParaMad T rainmen The County may, a case
tY Y► by case bans,
temporarily employ a firefighter who does not possess certification p rt�fication as a Paramedic.
Such individual shall be classified as a "trainee" and shall be paid a base salary equal
to that which the employee would receive if employed a '
s a Firefighter/EMT.
7.3.2 Train a Emi3igyment A trainee shall be employed '
p yed for a period not to
exceed eighteen (18) months unless, within that time period,, '
p od, the trainee attains
certification by the State of Florida as a paramedic,, is cleared ed to act as a paramedic by
the medical director, and is operating s a paramedic. Du ring 9 P ur�ng trainee employment, the
County may, but is not obligated to, provide the opportunit pp y for the trainee to attend
Paramedic training, which may or may not be at the County's e xpense. xpense. Upon obtaining
certification by the State of Florida as a Paramedic and being
g cleared by the medical
director and when the trainee is in fact actin as a Pa r a med i c,, g amed�c, the trainee shall then
be paid a base salary as a paramedic with no loss ins •
taps. By way of illustration, �f
an employee is a Step 4 EMT prior to promoting into the position i p ton of paramedic, that
person will then be paid as a Step 4 paramedic once meeting •
g the definition �tion of
paramedic. There shall not, however, be an retroactive a
y pay as a result of being
slotted
as a pars medic.
7.3.3 Termination of Em I�oyment The employment of a trainee who fails to
become certified by the State of Florida as a paramedic and be cleared by the medical
director to act as a paramedic shall not be continued beyond the eighteen (18) month
period.
7.3.4 ReROMmeni Agregment Individuals for w •
whom the County provides the
opportunity obtain certification as a Paramedic at the Count
u i red t ty s expense shall be
required o enter into a repayment agreement. The terms and conditions
of the
repayment agreement shall be substantially in the form attached
EXHIBIT D. to this Agreement as
7.3.5 Continuina Certification Training The
County shall provide those
training hours, both on-duty nd off-du ty, that are sufficient to maintain those
paramedic and firefighting skills as minimal! required
Monroe County.
Y q ed by the State of Florida and
7.4 ludiat Paramedic Ce ific ion For Fir fi
h er EMT Em to ee
7.4.1 Ellailt ili At the discretion of the Count
ty non probationary regular Unit
Page 25 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
members may be provided the opportunity to become certified under Florida law as a
paramedic.
7.4.2 SchAeulling and Awn 1 The Unit member the Union and the County
Fire Chief shall jointly discuss and agree in writing concerning the '
9 g timing, conditions of
attendance, and location of training to achieve Paramedic certification. -
ation. one condition
shall include a Repayment Agreement in substantial! the for '
Y m contained in EXHIBIT
D. The certification training shall be at the expense of the County,
ARTICLE 8: SALARIES AND SUPPLEME 'TS
8.1 Base Salary There shall be no wade adjustments during the period covered by
this Agreement.
8.2 &Late M ndate Ed i n 1 SuwDllemellt In accordance with the provisions of
Section 533.382, Florida Statutes, and in accordance with ' '
the provisions of Rules
59A- 37.082 through 69A- 37.089, Florida Administrative Code, the County shall be
responsible for, and shall pay, to eligible employees the following g amounts.
8.2. As o jatp De ree For employees holding n associate e degree, the sum
of
$50.00 per month, not to exceed a total of 500.00 per $ p calendar year.
8.2.2 Bachelor D ree For employees holding bachelor's
9 r s degree the sum
Of
$110-00 per month, not to exceed a total of 1 320.00
$ per year.
8.2.3 Dual De r es If an employee holds both an associate date degree and a
bachelor's degree, the employee shall receive only he supplement f
degree. Y PP or the bachelors
8.3 EUMbility For $late Man a e Educational S 'Eligibility for the
state mandated supplement shall be determined in accords
- rovisions nce Section 633.382,
Florida Statutes, and in accordance with the of
P Rules 69A -
37.082 through
69A - 37.089, Florida Administrative code.
8.4 - Method f Payment. Bargaining Group Members 9 p 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 Hol -over Time
Call Bapk Timig, an Earl y Reportina Time Sal r
S I m n s
8.5.1 Hold Over Tim "Hold over Time" shall mean the work time when an
Page 26 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MVNROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
employee is required to work beyond the end of his or her regularly scheduled work
shift.
8.5.2 Call Bak Time "Call Back Time" shall mean the time when, after an
employee has completed his or her normal shift and has de •
parted the work site without
any expectation of returning to work before his or her next regularly •
9 y 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 re reports t
p o the work site and shall
end when the employee completes the work and departs Fr om om the work site. Call Back
Tim shall consist of a minimum of four hours of work.
8.5.3 Earl Eariv Re ortin Time "Early Reporting Time" s h a ll •
P 9 all mean the time an
employee is required to report to work, for a regularly sc - •
9 y eduled work shift, at a time
earlier than the normal starting time for the regularly sc •
g y eduled work shift.
8.5.4 COMIRenotion Compensation for Hold over Tim e Call Back Time, and
Early R e porting Time shall be paid at the regular and overtime rates ' •
�n accordance with
the calculation of the hours worked b the employee dur'
Y Ong the regular work cycle.
8.5 Overtime Pay overtime Pay shall be calculated at the rate of one and one --half
times the regular hourly rate of pay, overtime Pa shall
Pay be paid for each hour worked
in excess of two hundred four (204) hours during he work cycle,
9 y e.
8.7 Fli h Pa
8.7= Qualificatio Rate Paramedics or Firefighter /Paramedics who are
designated as flight - qualified shall be entitled to a salary supplement equal to five
percent (5 %) of his or her normal rate of pay during the time he or she is designated
as flight - qualified.
8.7.2 Desi n i ind Tr inin It is the right of
9 the county from time to
time e to determine the number of positions to be designated flight-qualified, gnated flight - qualified, to
determine the assignment locations of Paramedic •
Paramedics or Firefighter/Para who are
flight - qualified, and to determine staffing requirements •
9 q ants for air ambulance missions. It �s
the responsibility of the individual Paramedic or -
Firefighter/Paramed�c to complete all
training hours required to maintain the designation a • •
9 s flight- qualified. In the event
that such training hours cannot be completed during assigned •
9 • geed duty shifts, the individual
shall be responsible for completing the necessary tra •
ry n�ng hours on his or her own time
and at no cost to the County.
8.8 Hurricane Pay Members of the bargaining unit shall be paid for administrative
and emergency hours in accordance with Resolution 224 -2008 (1)(E).
Page 27 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
ARTICLE 9: Ei PL0Y1- ENT BENEFITS
9.1 . ADDlicabilft The benefits listed in this Article and •
elsewhere in this Agreement
apply only to full -time personnel unless expressly stated p y otherwise.
9.2. &nnual V ion Leav
9.2.1 Employees whose normal duty assignments Y 9 involve shift work usually
consisting of 24 hours on -duty followed b 48 hours off-duty ty has may be referred to as
a
24/48 schedule ") and employees whose normal du '
duty assignments consist of a
forty -hour per week schedule shall earn annual leave
County.
e while employed full --time by the
9.2. An employee shall commence earning annual •
first day of work following employment or re-employment, '
eriod ' provided an entire pay
p is worked,
9.2.3 An employee who has had a break in employment
of 48 hours or more
shall earn
annual leave, upon reinstatement or re at the
-hi rate established
for newt
y red employees.
9.2.4 An employee shall earn annual leave in accordance with the following
schedule:
During employment, annual
leave for employees on a24/48 schedule shall be earned at the ate of five (5)
per pay - period, with the total number of hours earned not to exceed one hund ed
thirty (130) hours in a calendar year. Annual leave for 40 HPW employees shall be
earned at the rate of four (4) hours per pay period, with the total number of hours not
to exceed one hundred four (104) hours in a calendar year.
9.2.4.2 During the 4th through 10th ears of em
to Y employment, annual leave
for employees yees on a 24/48 schedule shall be earned at the rate of six -
(6.25) hours per a - and one quarter
p p y period, with the total numbs r of hours earned not to exhundred sixty -two and one --half (162.5) hours in a calendar year. Annual leave for
HPIN employees shall be earned a (5) 40
t the rate of five hours per Pay-period,, wi
th the
total number of hours earned not to exceed one hundred th i rt ( calendar Y hours in a
ear.
Y
9.2.43 During the 11th through 15th ear
g years of employment, annual
leave for
employees on a 24/48 schedule 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. Annual leave f
HPV1l employees shall be earned at or 40
the rate of six (6} hours per pay-period., w'
ith the
total number of hours earned
not to exceed one hundred fifty - six (156) hours i calendar n a
ear,
Y
Page 28 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
9.2. During the 16th year of employment and for each year
thereafter, annual leave for employees on a 24/48 schedule 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. Annual leave for 40 HPW employees shall be earned at the rate of
seven (7) hours per pay - period, with the total number of hours earned not to exceed
one hundred and eighty -two (182) hours in a calendar year.
9.2.5 The application, administration and interpretation of annual leave
benefits shall be in accordance with the applicable i -
pp cable provisions of Munroe Count
Personnel Policies &Procedures Manual Monroe
e county Administrative Procedures
and any addenda thereto, as may be amended from '
Y om time to time. Any provision of
the Policies & Procedures Manual Administrative Procedures or any addenda which
is in direct conflict with any provision in this A -
Agreement is superseded by this
Agreement to the extent of such conflict.
9.3. Sic Leave
9.3.1 Employees whose normal duty assignments •
y 9 is involve shift work usually
consisting of 24 hours on -duty followed by 48 hours off-dut
a "24 y has may be referred to as
/48 schedule") and employees working 4o HP •
9 1N schedule shall earn sick leave
while employed full -time by the County.
Y
9.3.2 An employee shall commence earning ic - •
g k leave beginning with the
second pay period following employment or re-employment.
p yment.
9.3.3 An employee who has had a break in em ployment of forty - -eight (48)
hours or more shall earn sick leave, upon reinstatement or r -
a employment, at the
rate established
for newly -hired employees.
93,4 An employee on a 24/48 schedule shall earn sick leave at the rate of
five (5) hours per pay - period, with the total number r of hours earned not to exceed
one hundred thirty (130) hours in a calendar ear.
Y A 40 HPIN employees shall earn
sick
leave at the rate of four (4) hours er p ay-period,
P with the total number of
hours earned not to exceed one hundred four ( 104) hours i
� } n a calendar year.
9.3.5 An employee who terminates with less than han five (5) years of continuous
service shall not paid for any unused sick leave credits. Employees who
terminate with five (5) or more years of continuo •
u5 service, shall, upon separation
i
from the County n good standing, or r •
pay as follows:
9, re tirement,, receive incentive sick leave
9.3.5.1 5 -10 years of service: 1 /4 of all a
maximum of 30 ccrued sick leave, up to a
days;
Page 29 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
9.3.5.2 11 to 15 years of service: 1 /2 of all accrued sick leave.,
maximum of 90 day up to a
9.3.5.3 15+ years of service: 1 /2 of all accrued sick leave,
maximum of 120 days.
up to a
,
9.3.5. As used in paragraph 9.3.5, the term "day"" m
day, Y Bans an 8-hour
9.3.6 An eligible employee may enroll in and receive the benefits of the Monroe
County Sick Leave Pool. Enrollment procedures and rules f -
or the operation of the Sick
Leave Pool are found in Monroe County Administrative Ins truction 4702 as amended
from time to time, and these procedures and rules shall
ll be used �n the administration
of the Sick Leave Pool program.
93.7 The application, administration and interp retation P of sick leave benefits
shall be in accordance with the applicable provisions of Monroe County Administrative
Procedures and any addenda thereto, as may be amend •
Y amen from time to time. Any
provision of the Administrative Procedures or an addenda w •
- i Y - wh ich �s �n direct conflict
with any provision n this Agreement is superseded b y this
. p is Agreement to the extent of
such conflict.
9.4. Holidav Lea
9.4.1 The County has recognized certain days to b •
y e holidays, during which
most County offices are normally closed. The Count a '
Y and Union agree that the
County's s firefighting and emergency rescue services are and •
shat! be, available during
holidays, and that some bargaining unit members will be re •
required to work during
designated holiday periods. sa
• 9.4.2 The application, administration and interpretation pretat�on of holiday leave
benefits shall be in accordance with the app -
Pol and P pp able provisions of Monroe Count
Personnel Poli rocedures Manual a Y
time. An and any addenda thereto, as may be
amended from time to ti provision Y
Y p n of the Personnel Policy and Procedures
Manual or any addenda which is in direct conflict -
ct with any provision �n this
Agreement is superseded by this Agreement to the -
9 extent of such conflict.
9.5. Uniform And P erson al Ge r• MAin tenance. - The County and Union agree that
certain uniform and protective equipment shall be supplied pp ed and/or maintained by the
County under the following terms and conditions:
9.5.1 Uniform& Uniform Initial I nc . The Count a '
� Y a to Issue to each Unit
member the following uniform items:
Page 30 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
9.5.2 Unif rms Rep]Ac An uniform i -
Y i which, as determined by the
County has been destroyed, damaged beyond economical •
Y m�cal 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 Uniformar The County
a ty grew to provide at each work site
clothes washer and clothes dryer for use b '
rY y 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. .4.1 The uniform shall be owned b the •
other' than r Y county, and upon term�nat�on,
retirement from employment a Unit member shall return the issued Mass A
uniform tot
he county, or shall pay to the count t
unifor y he full cost of replacement of the
m.
Page 31 of 44
COLLECTIVELY BARGAINED AGREEMENT UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA THE PROFESSIONAL FI ■
AND
FIREFIGHTERS OF MONROE COUNTY IAFF LOCAL 39Q9
9.5.4. Any Unit member to whom a Class A uniform has
been issued, and who retires from service while still a Unit member shall
all be entitled, upon his or
her request, to retain the Class A uniform as his or her
property.
9.5.5 Foot Apjlrg ve The Count shall h ave the '
Y e right to designate the
type, model, and supplier of footwear (station shoes boots •
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 prodded below.
9.5.6 Foo R 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 •
Y ber shall submit sales receipts
in form suitable to the County showing the date item � purchased, chased, and total amount to
be reimbursed, and reimbursement shall be r •
p ocessed and payment made in
accordance with the County's usual practices and rocedur
p es.
9.5.7 Fo S li r Conjact. In the event that •
the County enters into
an agreement with any entity to be a footwear supplier to the Count
providing f p y for purposes of
p g ootwear to Unit members, the procedures ut into lace b
pursuant to the p P y the County
P e contract shall be the approved method for acq uiring foot wear
members. q 9 ear by Unit
9.5.8 Personal Pr ec iv r lssua The Coun
nty agrees to 155LJe to
each Unit member the following personal rotective •
p gear.
Page 32 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
TEM DESCRIPTION NUMBER ISSUED
Coat, Bunker lone
ants, Bunker lone
oots, Protective lone Pair
loves, Protective lone Pair
ood, Fire Resistant lone
Helmet, Fire lo
uspenders, Pants lone Pair
Bag, Mask lo
Mask, MSA, Co m fete lo
Pack, "Fanny" lone
leeves, Protective lone Pair
lasses, Safety lone Pair
Shears, Trauma lone Pair
9.5.9 Personal Pro ec ivo Car. Re I cem
en Any item of personal protective
gear which, as determined by the County, been .
Y. destroyed, damaged beyond economical
repair, or which is otherwise unusable or unsightly due to w
� s expense, g Y ear and tear shall be replaced b
Count at the County's Y
the Coun
9.5-10 Pe rsonal Pr ire Gearw Gear M a intenan ce
The County agrees to clean and
repair a Unit member's items of personal rotective
P gear at such times as may be deemed
necessary from time to time by appropriate supervisory p ry personnel.
9&* And Medical Coyer The Count agrees to provide to Unit members covers e
under a Medical Insurance Plan, aPharmaceutical g
Co - Pay Plan, an Employee Assistance Plan
and make available to Unit members a Pay roll D '
y eduction 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 chap '
changed from time to time.
Page 33 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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. h sic t Medical Examination
9.8.1 The County and Union agree that among other eligibility
aini � g considerations, of
barg ng unit employees to receive certain presumptions and entitle
' P entitlements relative to
communicable diseases, disability, and other benefits requires a h sisal medic '
P Y 1 a! examination
of the
employee had been conducted prior to the occurrence of the -
eevent or condition upon
which the presumption or entitlement is based. Additionally,
Wally a physical /medical examination
evincing good physical condition is required b Section 533. F lorida Y 34, Flori Statutes, as a pre-
condition of employment as a firefighter. The Coun ty and Union further agree that
. a 9
physical/medical examinations for bargaining unit employees • • ►►
,► g 9 p oyees i n addition to "post-offer, pre-
employment physical/medical examinations is warranted b -
members' duties,
by nature of the bargaining unit
9.8.E Ini ial Ph sic t Medical ExamLmat i n The C provide a
. County agrees to provi
post -offer of employment physical examination to an ap plicant • •
' pp cant to be hired for a position
included
in the bargaining unit. The physical examination shall b '
e administered in accordance
with applicable provisions of the Americans with Disabilities - ate
Monroe County Personnel Policies and Procedu Act and appropriate
P
ures and addenda thereto. The cost of the
physical examination shall be paid the County, -
- aid f b Y i nty, and the minimal scope, content and
documentation of the physical examination shall be n accordance '
with the requirements of the
Division of State Fire Marshal, Bureau of Fire Standards
ds and Training.
9m8w Period In - Se rvice Phv5ka1LKed E2 0 mination The County agrees to
provide a physical /medical examination to each full -ti •
me employee covered by this Agreement
at such times and in such extent as provided for in Section
. ction 2- 4,, Chapter 2, of Standard 1582
Edition 2000 of the National Fire Protection Association, -
ciation, entitled Medical Requirements for
Firefighters and Information for Fire Dep artment Physicians.
P The County will use its good faith
efforts to schedule the physical medical examination for an employee during the 30 da s
mmediately prior to, or the 30 days immediately mediate! Y
Y y a fter, the employee's hire anniversa date;
however, it shall also be the responsibility f the � '
Y employee to make appropriate notification to
the County of the need for the scheduling f the •
g e physical medical examination. The failure of
the County to meet this general scheduling e -
g quirement for physical medical examinations
shall
not be subject to the grievance procedures rovid •
p ed for elsewhere in this Agreement. The
cost of the physical medical examination shall be a'
a p id for by the County. Failure of employees
s of October 1, 2008 to comply with Category
• - on but a decision 9 ry A criteria will not automatically disqualify
em from their position q �
them will be made based on safety issues and performance
of the employee. P manse
9.8.4 S eci t Inciad Pbyfiilcall Examinati The County agrees to provide a
physical medical examination to an full -time Y employee who has been exposed to an infectious
or contagious disease while in the performance of the •
a employee s duties for the County.
Additionally the County agrees to provide a s
h isal m - •
P Y 1 edical examination to a full -time
em ployee who has been involved in an inci '
y ent while in the performance of the em to ee's
Page a 34 of 44 P Y
COLLECTIVELY BARGAINED AGREEMENT UNIT
oNE AGREEMENT
BY THE BOARD OF CQUNTY COMMISSIONERS OF MONROE COUNTY FLORID
AND THE PROFESSIONAL FIREF ' A
FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
duties for the County which, as general! and common! recd •
. Y - y rec in the medical community,
would require a physical medical examination. The performance •
p nce 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 Egr Du ExaminAt The Count shall •
County have the right to require an
employee to undergo a examination, physical examination or mental urination, or both, when it appears
that the employee has exhibited an action or conditions t •
th at are readily observable to a
reasonable and prudent person and which would lead such a e •
to - - p person to reasonably believe that
the employee yee may not be able to fully perform his or her dunes. The cost fort '
he examination
or examinations shall be paid for by the County, the examination
Y or examinations shall be
performed by the professional designated b the Count -
Y ty, and the results of the examination
shall be reported in the manner required b the Count '
q Y ty. If any applicable federal or state law
shall require that the employee who has been examined in 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 Count s •
County hall only release the information
as required by federal or Florida law or by lawful order issued b -
y acourt or administrative
tribunal having competent authority to issue such an order.
9.8.5 DoC umentatign of Physica llMedicall Examinatio •
For physical medical
examinations administered in accordance with Sections 9.8.
2 and 9.8.3 above, th
documentation of the physical/medical examination shall
be provided to the County on Forms
identified as Figure E - 1, NFPA Physical Exam Summa Ed itio n) '
. • . Summar X2000 Edition} and Figure E -2, NFPA
Medical Examination Form (2000 Edition). The minimal r •
requirements for reporting complete medical history a p g shall
Include a co
• ry nd general physical examination; urine drug screen for a
drugs Identified b the Count 9 II
Y y from time to time in accordance with state statute; co
blood screen as identified complete
by the County from time to time in accordance with s
and lipid id rofi tats statute,
chemistry p profile; audiogram, 12 -lead electrocardiogram with inter
an g interpretation and
report; chest x-ray d treadmill stress testing.
9.9. Fir fi h er Death Benefi
9.9.1 Florida Law Section 112.191, Florida Statutes requires
f' squires the County to provide
certain benefits its to a firefighter, the firefighters surviving ouse and a '
of a firefighter g p � any surviving children
g who dies, is killed, or suffers a catastrophic injury and conditions • •
p J rY er conditions specified in
Section 112.191
9.9.2 Am n s The amounts to be aid b the Co unty
P Y my under this law range from
$ 50 , 00 0 to $150,000 per firefighter, with such a •
9 mounts subject to adjustment as determined
by the State Fire Marshal, and such a ments shall •
P Y all be in addition to any worker's
compensation and pension benefits. Additionally,, Count y wi t t pay the entire health
insurance plan premium for the firefighter and his •
9 or her spouse and children under the
conditions specified in Section 112.191.
9. .3 Budaetina The County agrees to budget anticipated 9 g t ea ch year for the anticipated costs of
providing the benefits under Section 112.191. The
e amount of reserves, insurance expenses
Page 35 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
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 h Y ty e th a right to
provide for the payment of these benefits through self - insurance appropriate in ' '
insuring pollees,
or a
combination thereof. The cost of any insurance premiums shall be aid b th
P y e County.
9.9.4 ARDLicable Rules The provisions of Section 9.9 shall be administered consistent
with the provisions contained in Rules 69A- 64.001 through -
Administrative Code.
g 69A 64.005, Florida
9.10. Flo Retirement Ustem C n rib i ns
9.10.1 Flarida Law All full -time employees of the Count are re •
- Y required i red to participate c� pate i n
the
Florida Retirement System (FRS Bargaining nit members are "
9 e classified as special risk "
employees under the FRS, which requires the Count to make contributions Y ntri butlons to the FRS on a
higher percentage basis than for regular members of the FRS.
9.10.2 BuAci The County agrees to budget each year for anticipated 9 Y the a nticl gated tota t
amount of contributions to be made to the FRS on account of the barg aining g g unit members.
9.10.3 No Member Cont ribution nit members shall all not be required or
obligated to contribute any sums to the FRS; rovided however, '
P ,that if in the future the state
law changes in this regard, this provision of the Agreement shall I be automatically amended to
conform with the statutory provisions.
2 Ex en e Re imbu rs emen t
9.11# 1 General The County agrees to reimburse employees f
or educational expenses
incurred by the employee under the following erms and conditions:
9 Mons.
9.11.1.1 E[Wilbilllft The employee must have been employed -
f full-time by the
County or at least one year immediately prior to applying for reim
reimbursement, and the
employee must not be in an initial or extended robationa status.
P ry s.
9.11.1.2 Pro hibitio ns The employee shall not utilize an s
equip or supplies r Y Pace. personnel
equi
P pP provided by the County in the process of fulfilling an of the req
g Y q ements
of the coursework for which the employee is being reimbursed.
9.11.1.3 Mom Co rs work The coursework must not be '
dupl�cative of any
coursework for which the employee has been previously reimbursed b
required by Section 7.1.5. Y the County, unless
9.11.2 A minis r io The application administrati n and interpretation of
educational reimbursement benefits, and the amounts to be paid for individual
reimbursements, shall be in accordance with Section 112. Florida 03�, Flori Statutes, and Section
2.11 of the Monroe County Personnel Policies and Pr ocedures , as may be amended from
time to time. Any provision of the Policies and Procedures Manual or of any addenda which
is in direct conflict with any provision in this Agreement g meat is superseded by this Agreement to
Page 35 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
the extent of such conflict.
9.11.3 Budgeting Educational Reimbursements. The Count shall '
County budget a minimum
of $15,000 per fiscal year to be utilized b barg aining un •
Y 9 g t personnel for education
reimbursement in accordance with the provisions of this Agreement '
g t and Section 2.11 of the
Monroe County Personnel Policies & Procedures Manual subject t -
) o annual appropriation by
the Board of County Commissioners. The money budgeted for '
Y g educational reimbursements
shall be used exclusively for tuition, fees and textbooks and shall be available to all
members of the bargaining unit on a first come first serve erve bans. Educational
reimbursements shall be charged against the budget for the fiscal '
9 year in which the courses
are taken. All requests for reimbursement must be submitted rior to •
p to September 3o in the
fiscal year in which the course is taken.
9.12 ComMUnicablle Pilgeagg Immuniza i n
9.12.1 Ackn wled m nt f Risk The Count and Union a -
Y agree that the bargaining
unit members run a high risk of occupational exposure to s he atiti meni
meningitis, and tuberculosis and the provide � ngococcal
e County should provide such immunizations and kee
records thereof. p
9.12.2 Rem rds andbLotifica i n The Count shall maintain a
su Y record of any known or
reasonably p cted exposure of a bargaining unit member to the diseases
and the Coun es described in
Section 9.12.6
► my shall immediately notify the employee of such exposure.
9.123 Member to ReREach bargaining unit member - g 9 who has knowledge of
known or suspected occupational exposure to the diseases described in S
report of the i action 9.12.6 shall
immediately file a re
p i to the appropriate supervisory P ersonnel,
9.12.4 lm Each bargaining nit member '
.. g shall be inoculated against
hepatitis upon employment or as may be medically r
• y q ed in order to have current
immunization against hepatitis. The County shall a for the costs o •
to p Y f such immunization. An
employee yee may refuse immunization but he/she must sin a release if
g he/she does not have
avail him
/herself of the immunization opportunity,
Y
9.12.5 Future Circums n gs: Reauirements Wheneve •
e er any standard, medically
recognized vaccine or other form of i mmunization or ro h laxi
p p y sexists for the prevention of
a communicable disease recognized in Section 112.181 Florida
m
Statutes the County may
require bargaining unit members to undergo the immu nization •
• - i
9 unization or prophylaxis; provided, such
immunization or prophylaxis is medically indicated n the iven ci rcumstances
p olicie s 9 rcumstances pursuant to
immunization
p es established by the Advisory Committee on i Immuniza ton Practices of
the United States Pub lic Health Service and the employee's physician has '
that the Y P Y snot determined in
writing e immunization or prophylaxis would pose a significant risk to
health. g the employee's
9.12.6 Reauired Screening For Statutory PrCsIj
9.12.6.1 Florida L w Section 112.18 and Section 1 Flor 12.181, Flori Statutes,
Page 37 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT
ONE AGREEMENT
BY THE BOARD of COUNTY COMMISSIONERS of MONROE COUNTY FLORID
AND THE PROFESSIONAL FIREF � A
FIREFIGHTERS of MONROE COUNTY, IAFF LOCAL 3909
provides that, under certain conditions, specified illnesses and injuries 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 ployee or the employee has
executed a written affidavit as provided in Section 92.50 Flori a Statutes.
9.12.6.2 Sc reen in s An Affi avi s The Count a grees t •
Y g o provide the medical
screenings, as part of the physical and medical examinations rov •
this p ided for in Section 9.8 of
Agreement.
9.13 Rollic Exemi
9.13.1 Flori L w Chapter 119, Florida Statutes •
i provides protections against
certain
information being available to the public under the Florida orida Public Records law.
9.13.2 ExCM Inf rm i n The Count and Union a - Y a gr ee that, to the fullest extent
all owed by law, all information protected b Chapter 119 F
Y p lorida Statutes is exempt from
inspection under Section 119.01, Florida Statutes.
9.133 Prot ection o f EXCmicition The Count a grees that,, Y g t, when any request is
received under the Florida Public Records law to inspect an re '
p y Ord maintained by the County
relating to a member of the bargaining unit the County will take such steps as are reasonably
- ty
required to redact, omit, cover up, or otherwise eliminate from
. i m the records to be inspected
such information as is listed n Section 9,12,2,
9.14 MLorlkerA" m ns i n Premiums
9.14.1 Cove a nd 8 nefi All full -time Unit member ber employees of the County
are participants in the Florida workers' Comp ensation program -
p P 9 m and are entitled to receive
such
coverage and benefits as provided by the Florida workers' Compensation law.
9.14.2 Bud a in The County agrees to budget each -
g ch year for the anticipated total
amount of claims and excess insurance remiums to be •
P paid for workers compensation
coverage of, and payments on behalf of, the bargaining unit
9 g members.
9.14.3 Ng Member Contribyj Barg aining unit m •
g 9 embers 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 amended to '
conform with the statutory provisions.
9.15 Unem la m n c m ensa i n Benefi
s .
9.15.1 Florida Law In general, employees of th •
f Unemployment e County are entitled to the rights and
benefi its provided by the Florida Com Compensation p sation law.
9.15.2 Budo The County is a "reimbursable �
e employer under the law, and agrees
to pay each year the total amount of unemployment •
benefits to be repaid to the State of
Flori for unemployment compensation benefits •
payable to or on account of bargainin unit
9
Page 38 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
members.
9.15.3 No Me m b er Contri ian Bargaining nit members shall
9 not be required or
obligated to contribute any sums as contributions towards unemployment
employment compensation
benefits; provided, however, that if in the future the state la •
w changes in this regard, this
provision of the Agreement shall be automatically mended to conform orm with the statutory
provisions.
9.16 Fe er ll Government Contributions,
9.16.1. FXCA Med icare The Count agrees to remit to the federal government
Y 9
on a timely basis all amounts owed as the employer's ortion o
p f FICA and Medicare
contributions attributable to the employment b the County of ea ch Y ty Unit member.
9.16.2 Em la ee W . Ji hholdi n . The Count agrees to •
Y 9 deduct from each Unit
members salary and wages all amounts owed b the employee t
Y o the federal government for
the employee's share of FICA and Medicare contributions a '
and withholding and forwarding of
income ncome tax obligations.
9V.17 S vi n s Rgngj The Count agrees to r
Y g provide the opportunity to Unit
members and employees to participate in a Savings Bond
g program through a payroll
deduction
plan. The program shall be administered b the Count •
Y yin accordance with its
standard
practices, as may be amended from to time.
9.18 Direr De[)osit EMLrolll a ian The Count a rees to � Y g provide a program for direct
deposit of a Union members and employees a into a financial •
P Y I institution of the Unit
member's or employee's choice, consistent with the olicies and nd practices of the County, as
may be amended from time to time.
9.19 Years Award Pro r m. The Count a grees '
Y 9 to provide an award program
to
recognize employees who have been employed by the County or five ears '
tY y or more, and this
program shall be administered as provided in Section 2 -8 Monroe
County Code, and the
Monroe Countv Personnel Policies & Procedures Manual as am '
amended from time to time.
9.20 Funeral Leave. All employees shall be ranted one shift '
g ft off with pay in order to attend
a funeral of a member of the employee's immediate family The term immediate family "
shall be construed to mean one of the following: husband, sband, wife, father, mother, son,
daughter, sister, brother, uncle, aunt, first cousin nephew, •
art pew, niece, domestic partner, domestic
p artner's s father and mother, legal guardian, rand arent in -laws (father •
g p in law, mother in
law, i
son in law, daughter in law, brother n law, sister in law
) stepfather, stepmother,
ste
pson, stepdaughter, stepbrother, stepsister, half brother half •
sister. Additional time off
hover and above the one shift herein rovided m -
p } may be approved by the Fire Chief or his
designee and charged to sick or annual leave. The County may require proof of death of a
family member before making payment for funeral
Y leave,
Page 39 of 44
COLLECTIVELY BARGAINED AGREEMENT -- UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
ARTICLE x: MISCELLANEOUS PROVISIONS,
10. Te rm of A re men : Effective D
10.1 Term Upon ratification, the term of this Agreement shall hall be for a period of three
(3) years, commencing retroactively at 12:01 A.M. on Oct •
Octo 1, X011, and ending on
September 30, 2014, at 11 :59 P.M.
11. Bal:gaining Unit Work Sq curity The Employer shall no
t assign or delegate out
bargaining unit work In any manner whatsoever. In particular, the count
suppression (combat), Y agrees that fire
su PP rescue, fire prevention emer enc medical sere' - . - - emergency ices, administrative
services and other Fire /EMS or Airport Fire/Rescue Department r '
p elated services and functions
shall not be assigned or delegated out in an manner • • •
. Y , to private or public entities. This article
does not apply to fire suppression, rescue or emergency '
g y medical services that are currently
provided by volunteer fire companies currently nder contract act to Monroe county and
registered as nonprofit corporations within the State of Flori •
da, however, no expansion of
current scope of services of each volunteer fire company is p ermissib le - •
P Y P able under this article.
This does not preclude services covered under mutual aid agreements or '
g services needed in
the event of catastrophic events that impacts bargaining units ability o provide
Y p vide staffing for
services. This
provision shall remain In full force and effect during n negotiations g Y 9 Mons and shall
continue in full force and effect until such time as a new agreement is reached or imposed,
12. Construct i n This Agreement and the terms hereof shall be construed in accordance
with the laws of the State of Florida and venue - -
for all actions �n a court of competent
Y■
jurisdiction shall lie in Monroe Count Florida. P
,13. Several�ili Should any word, phrase or provis illeg
. P p sloe of this Agreement be declared
or invalid by a court of competent jurisdiction, such • declaration of illegality and/or invalidity
shall not affect the remainder hereof, y
14. En ire A reemen No statements representations,, -
.s. or warrantees, whether written or
oral or from whatever source arising,, that were mad •
9 e or alleged to have been made �n the
negotiation of this Agreement, or alleged as being n inducement -
9 ement by or to either the County or
the Union to enter into this Agreement, shall have an validity be
Union or be binding on either the County or the Union unless such statement, representation,
or warranty is expressly written into this Agreement.
15. C i ns An P ra ra h Head in .
. for convenience and and paragraph headings
contained �n this Agreement are g
d reference only and in no way efine
a and intent of h' Y '
describe, extend or limit the scope this Agreement nor the intent of an
of this Agreement. Y P rovision
15. Exhil�i
15.1 Inclusion in A reem n The Exhibits re •
ref erred to in, and attached to, this
Agreement shall be incorporated into this Agreement g Bement and be a part of this Agreement.
Page 40 of 44
COLLECTIVELY BARGAINED AGREEMENT UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA r
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3989
16.E Adf i ion l Exhibits; Anendment Exhi i The
e County and Union agree
that one or more additional Exhibits may be added to this
Y Agreement and that any Exhibit to
this Agreement may be amended, changed, or supplemented •
.. 9 pp ented from time to time, provided
that such addition, change, amendment or supplement shall be accepted and approved b
. pp
both the Union members and the County onsist Y
ty ent with the procedures for ratification and
approval of agreements provided for in Chapter 447 Florida •
p Statutes, and further provided
that only the added, changed, amended or supplemented •
. pp ented Exhibit need be submitted for
ratification and approval.
16.3 Ch n s Section 16.4 The list of Exhibits rovi •
r p ded �n Section 16.4 of this
Agreement eement shall be amended from time to time b the Count -
lem Y y to reflect any additions,
supplements, ents, changes, or amendments ratified and adopted from time '
P me to time as provided
for in Section 16.2 of this Agreement.
16.4 of Exhi its. The Exhibits to this Agreement are as
9 follows.
16.4.1 Exhibit-A: List of DC2artmejjtgl S&n iori tv
16.4.2 Exhibit B: List of Classification geniori
16.43 Exhibit C: Unio Certificatign Do
16. .5 Exhibit D: Re men A r emen
16.4.4 Exhibit Ba Salary ChaEt.
Pursuant to Section 447-309(l), Florida Statutes the above agreement is agreed to by and
between the bargaining agent and the chief execut t ve officer of Monroe County.
Bar Acien
Professional Firefighters of Monroe Coun
International Association of Firefighters, Local
3989
9 ■
By:
President
Date:
Chief Executive Officer:
By .
Roman Gastesi, County Administrator
Date:
Page 41 of 44
COLLECTIVELY BARGAINED AGREEMENT
UNIT ONE AGREEMENT
BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
AND THE PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY, IAFF LOCAL 3909
This Collectively Bargained Agreement was bargained argained for and agreed to In
accordance with the provisions of Chapter 447 P � Florida Statutes, and Chapter 286,
Florida Statutes; was submitted to the bargaining -
9 g unit members and ratified by a
Vote
of Votes for the Agreement and vote •
s against the Agreement; and
after ratification was submitted of the Board of •
County Commissioners for action.
Barctaini n Aaen
Professional Firefighters of Monroe Coun
International Association of Firefighters, Lo
3909
9 Lo
By.
President
Date:
The Board of County Commissioners at a •
duly noticed and publicly held
meeting at Key West, Florida, on
2012, approved the
above agreement by (unanimous) (majori vote of the Board of Co
Commissioners, as follows: County
VOTI N G FO R:
VOTING AGAINST:
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTYs FLORIDA
By.
Mayor
Date:
ATTEST:
AMY HEAVILIN
Clerk of Court
By:
Date:
Page 42 of 44
Monroe County Fire Rescue Exhibit A
List of Departmental Seniority September 12, 2011
Dept.
D.O.H.
Classification
Seniority
01/29/09
James
1
05/15/86
EMT
2
11/03/87
LT
3
07/09/89
FF /PM
4
02/05/90
F FIE MT
5
08/20/90
FFIPM
6
09/20/92
LT
7
10109192
LT
8
04/25/94
LT
9
05/01/95
LT
10
05/30/95
FFIEMT
11
01/08/96
FFIPM
12
01/22/96
BC
13
06/23/96
CPT
14
07/23/96
DC
15
12/09/96
F FIE MT
16
04/16/97
PM
17
08/18/98
FFIEMT
18
10/13/98
FFIEMT
19
01/11/99
F FIE MT
20
05/24/99
CPT
21
09/24/99
LT
22
11/29/99
CPTIARFF
23
12/14/99
FFIPM
24
12/19/99
LT
25
10/24/00
BC
26
11/06/00
LT
27
07/30/01
LT
28
07/30/01
*LT
29
08/10/01
LT
30
10/29/01
LT
31
02/26/02
CPTIARFF
32
02/26/02
CPTIARFF
33
08/30/02
FFIEMT
34
02/09/03
FFIARFF
35
08/11/04
FFIEMT
36
08/11/04
LT
37
03/02/05
FFIARFF
38
07/05/05
*LT
39
07/05/05
*LT
40
07/05/05
*LT
41
01/30/06
Chief
42
10/11/06
FFIPM
Classification
Change Date
05/15/86
02/05/08
07/09/89
10/01/96
08/20/90
03/13/11
071'16107
07/16/07
07/16/07
02/25/11
10/27/96
03/16/09
04/26/09
01/29/09
12/09/96
08/09/03
07/18/10
08/29/10
08/28/11
04/27/05
02/05/08
04/14/08
10/01/01
07/16/07
04/08/02
02/05/08
02/05/08
03/13/11
02/05/08
07/16/07
04/14/08
05/05/08
08/30/02
02/09/03
09/04/08
09/06/09
03/02/05
03/13/11
First Name
Last Name
App Rcd Date
Dale
William
Milan
Daniel
Stan
Michael
Don
David
David
Jefferson
Theresa
Mark
Dwight
Gary
Harvey
Jane
Andy
Gary
Edward
Steven
Steve
Richard
Patrick
Cassaundra
Alvin
Timmy
Manuel
Andrea
Ryan
Orlando
Eric
Omar
Rick
Michael
Michael
Christopher
Timothy
John
03/13/11
Calin
09/06/09
Jim
01/29/09
James
08/08/08
Richard
Page 1
Wilson
Horach ek
Novak
Powers
Webb
Saunders
Bock
Zalanka
Sebben
Brandt
Restuccia
Thompson
Beal
Boswell
Hillman
Bishop
McBroom
Burgess
Healy
Zavalney
McAnally
Cletta
Kyburz
Cane
Bentley
Leonard
Leon
Sutherland
Johnson
Merced
Sellers
Fernandez
Hickman
Bland
Manash
Cane
Anson
Hamburger
Pastiu
Tillman, Jr.
Callahan
Vandervoort
02/06/86
10/21/87
06/21/89
11/02/89
08/02/90
07/20/92
09/29/92
01/31/94
08/23/94
04/19/95
08/02/94
10/31/95
11/01/95
06/18/96
10/21/96
11/14/96
06/16/97
04/07/98
12/08/97
09/21/98
07/27/99
05/10/99
10/01/99
09/13/99
08/24/00
01/19/00
10/29/99
05/08/00
11/14/00
11/15/01
09/27/01
11/27/01
06/06/02
12/10/01
04/14/04
04/23/04
10/04/04
11/05/04
11/04/04
10/27/04
12/08/05
01/13/06
Monroe County Fire Rescue
List of Departmental Seniority September 12, 2011
Dept.
Seniority
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
D.Q.H.
10/1 1/06
11/06/06
10/15/07
10/15/07
10/15/07
01/07/08
01/07/08
01/07/08
01/07/08
01/07/08
01/10/08
02/01/08
06/06/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
03/23/09
04/13/09
05/06/09
05/11/09
07/20/09
07/20/09
11/02/09
11/02/09
11/16/09
11/18/09
12/14/09
12/14/09
12/14/09
12/14/09
Classification
FFIPM
LT
FFIPM
FFIPM
FFIEMT
FFIPM
F F1PM
FFIPM
F F1PM
FFIEMT
FFIEMT
FFIARFF
FFIARFF
FFIPM
FFIPM
FFIPM
FFIPM
FFIPM
F F1PM
F F1PM
FFIPM
FFIPM
FFIEMT
FFIPM
F F1PM
FFIEMT
F F1PM
FFIPM
BUTRAINING
BCIARFF
FFIARFF
FFIEMT
FFIPM
FFIPM
FFIEMT
FFIPM
BC
FFIPM
F F1PM
FFIPM
FFIEMT
FFIEMT
Classifcatior
Change Date
07/02/08
03/13/11
10/15/07
10/15/07
08/05/09
01/07/08
01/07/08
01/07/08
08/05/09
01/07/08
01/10/08
02/01/08
06/06/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
10/27/08
03/10/11
12/13/10
04/11/10
10/27/08
12/20/10
09/10/09
03/23/09
04/13/09
05/06/09
03/22/10
03/10/11
04/11/10
11/02/09
03/15/11
11/16/09
11/18/09
04/11/10
12/14/09
First Name
Mark
Carlos
Francisco
Curtis
Mario
Daniel
Todd
Jaime
Tom
Matt
Fernando
Barry
Thomas
Raul
Edward
Rafael
Alex
Jay
Michael
Adolfo
Alejandro
Blake
Randy
Laza ro
Erik
Carlos
Luis
Jared
Dan
Dale
Harry
Andrew
Hector
Luis
Bruce
Reynaldo
Christopher
Pablo
William
Andrew
12/14/09 Herve
12/14/09 Jonathan
Last Name
Hemeyer
Javier
Perez -Diaz
Teems
Romera
Fernandez
Lessard
Arana
Harbinson
Chavez
Duran
Brown
Mack
Cespedes
Child
Baldoquin
Baguer
Rivera
Blanton
Fundora
Lucio
Carrillo
Garcia
Rangel
Cordo
Martinez
Acosta
Shapiro
Cassel
Beaver
Bethel III
Vega
Mesa
Colon
Martin
Garcia
Musser
Arguello -Incer
Lyden
Allen
Thomas
McLean
App Rcd Date
04/07/06
08/24/06
06/18/07
06/26/07
04/11/07
07/25/07
08/31/07
09/10/07
08/15/07
08/20/07
10/02/07
06/08/06
06/09/08
08/07/06
01/30/08
04/15/08
05/29/08
06/05/08
07/17/08
07/24/08
07/24/08
07/31/08
10/09/07
10/15/07
07/09/08
07/11/08
07/28/08
08/01/08
12/15/08
11/14/08
03/02/09
07/29/08
10/29/07
04/15/08
03/30/09
05/22/09
0 1/23/09
06/02/09
11/25/08
12/22/08
01/26/09
02/23/09
Page 2
Monroe County Fire Rescue
List of Departmental Seniority September 12, 2011
Dept.
D.O.H.
Classification
Classification
Seniority
05/22/09
Krzysztof
Change Date
H5
12/15/09
FFIEMT
12/15/09
86
03/15/10
FFIPM
03/15/10
H7
03/22/10
FFIPM
03/22/10
88
04/05/10
BVEMS
08/14/11
89
04/26/10
FF /ARFF
04/26/10
90
05/17/10
FFIPM
07/18/11
91
06/14/10
FFIPM
07/28/11
92
11/02/10
FFIEMT
11/02/10
93
11/02/10
FFIPM
07/29/11
94
12/13/10
FFIEMT
12/13/10
95
12/20/10
FFIEMT
12/20/10
96
02/22/11
FFIEMT
02/22/11
97
02/24/11
F FIE MT
02/24/11
98
04/04/11
FFIEMT
04/04/11
99
04/14/11
F FIE MT
04/14/11
100
04/20/11
F FIE MT
04/20/11
101
07/18/11
FFIPM
09/13/11
102
07/28/11
F FIE MT
07/28/11
103
07/29/11
F FIE MT
07/29/11
104
09/13/11
FFIEMT
09/13/11
First Name Last Name App Rcd Date
Stephen
Shaw
11/17/09
Jorge
Machado
05/22/09
Krzysztof
Boszko
01/27/09
Ruben
Almaguer
02/15/10
Brandon
Cletta
02/22/10
Allan
Hernandez
01/13/09
Carlo
Milito
12/08/08
Porfirio (Tony) Araque
11/24/09
Warren
Musser
01/26/10
Robert
Horachek
02/19/10
Jeremy
Hackworth
01/11/10
Brenda
Kuchcinski
05/17/10
Ryan
Devitt
02/03/10
Cameron
Cowart
05/25/10
Brandon
Bertini
02/08/10
Steven
Gumicz
01/08/10
Matthew
Soderholm
03/04/10
Joe
Nogami
06/11/10
Dany
Ribot
03/03/10
Armando
Hernandez
04/19/10
*Acting
Page 3
Page I
Monroe County Fire Rescue Exhibit B
List of Classification
Seniority September 12, 2011
Rank Category
Dept.
Seniority
D.O.H.
Classification
Classification First Name
Last Name
A R
App cd Date
Change Date
Officer
1
01/30/06
Chief
01/29/09
James
Callahan
12/08/05
Officer
1
07/23/96
DC
01/29/09
Gary
Boswell well
06118196
Officer
Officer
1
2
10/24/00
01122196
BC
04/08/02
Alvin
Bentley
08/24/00
Officer
3
03/23/09
BC
BCITRAINING
0311 fi109
03/23/09
Mark
Dan
Thompson
Cass
10131!95
Officer
Officer
4
04/13/09
BC /ARFF
04/13/09
Dale
Beaver
1 2/15/08
11/14/08
1 14108
Officer
5
fi
11/16/09
04/05/10
BC
BVEMS
1111 fi109
Christopher
Musser
01/23/08
08/14/11
Ruben
Almaguer
02/15/10
Officer
Officer
1
2
05/24/99
CPT
04/27/05
Steven
Zavalney
09/21/98
06/23/96
CPT
04/26/09
Dwight
Beal
11/01/95
Officer
Officer
1
11/29/99
CPT /ARFF
04/14/08
Richard
Cletta
05/10/99
Officer
2
3
02/26/02
CPTIARFF
04/14/08
Eric
Sellers
09/27/01
02126102
CPTIARFF
0510 5108
Omar
Fernandez
11/27/01
Officer
Officer
1
z
10/09/92
04/25/94
LT
07/16/07
Don
Bock
09/29/92
Officer
3
05/01/95
LT
LT
07/16/07
07/16/07
?
David
David
Zalanka
01/31/94
Officer
Officer
4
12/19/99
LT
07/16/07
Cassau ndra
Sebben
Cane
08/23/94
09/13/99
Officer
5
fi
10/29/01
11/03/87
LT
07/16/07
Orlando
Merced
11/15/01
Officer
7
09/24/99
LT
LT
02105 108
William
Horachek
10/21/87
Officer
8
11 /06/00
LT
02/05/08
02/05/08
Steve
Timmy
McAnally
Leonard
07/27/99
Officer
Officer
9
07/30/01
LT
0210510 8
Manuel
Leon
01/19/00
10/29/99
Officer
10
11
08/10/01
08/11/04
LT
LT
02/05/08
Ran
Y
Johnson
11/14/00
Officer
12
07/05/05
LT
0910fi109
09/06/09
Christopher
Jim
Cane
04/23/04
Officer
13
09/20/92
LT
03/13/11
Mike
Tillman, � r.
Saunders
10/27/04
O ff cer
Officer
14
07/30/01
*LT
03/13/11
Andrea
Sutherland
07/20/82
05/08/00
Officer
15
16
07/05/05
07/05/05
*LT
*LT
03/13/11
John
Hamburger
11/05/04
Officer
17
11 /06/06
LT
03/13/11
03/13/11
Calin
Carlos
Pasti u
Javier
11/04/04
08/24/06
Line Personnel
Line Personnel
1
2
05/15/86
07/09/89
EMT
05/15/86
Dale
Wilson
02/06/86
Line Personnel
3
02/05/90
FF IPM
FF /EMT
07/09/89
10/01/96
Milan
Daniel
Novak
06121189
Line Personnel
4
08/20/90
FF IPM
08/20/90
Stan
Powers
Webb
11/02/89
Line Personnel
Line Personnel
5
05/30/95
FFIEMT
02/25/11
Jefferson
Brandt
08/02/90
04/19/95
Line Personnel
fi
7
01108196
12/09/96
FFIPM
FFIEMT
10/27/96
Theresa
Restuccia
08/02/94
Line Personnel
8
04/16/97
PM
12/09/96
08/09/03
Harvey
Jane
Hillman
10121196
Line Personnel
9
08/18/98
FFIEMT
07/18/10
And Y
Bishop
McBroom
11114196
Line Personnel
Line Personnel
10
11
10/13/98
FF IEMT
0 8/29/10
Gary
Burgess
0fi11fi197
04/07/98
Line Personnel
12
01/11/99
12/14/99
FFIEMT
FFIPM
08/28/11
Edward
Healy
12/08/97
Line Personnel
13
08/30/02
FFIEMT
10/01/01
08/30/02
Patrick
Ri ck
Kyburz
10/01/99
Line Personnel
14
02/09/03
FFIARFF
02/09/03
Michael
Hickman
Bland
06106102
Line Personnel
15
08/11/04
FFIEMT
09/04/08
'
Michael
Manash
12/10/01
04/14/04
Page I
Monroe County Fire Rescue
List of Classification Seniority September 12, 2011
Rank Category
Dept.
S
Seniority
D.O.H.
Classification
Classification First Name
Last Name
App Rcd Date
Change Date
Line Personnel
Line Personnel
16
17
03/02/05
FF /ARFF
03/02/05
Timothy
Anson n
10/04/04
Line Personnel
18
10/11/05
10/11/06
FFIP M
FF /PM
08/08/08
Richard
Vandervoort
01/13/06
Line Personnel
19
10/15/07
FFIPM
07/02/08
10/15/07
Mark
Francisco
Hem eyer
Perez
04107106
Line Personnel
20
10/15/07
FF /PM
10/15/07
Curtis
-Diaz
Tee ms
06/18/07
Ofi12fi107
Line Personnel
Line Personnel
21
22
10/15/07
FFIEMT
081 05109
Mario
Romero
04/11/07
Line Personnel
23
01/07/08
01/07/08
FFIPM
FFIP M
01/07/08
Daniel
Fe mandez
07/25/07
Line Personnel
24
01/07/08
FFIPM
01/07/08
01/07/08
Todd
Jaime
Lessard
Arana
08/31/07
Line Personnel
25
01/07/08
FFIPM
08/05/09
Tom
Harbinson
09/10/07
08/15/07
Line Personnel
Line Personnel
26
27
01/07/08
01/10/08
FFIEMT
01/07/08
Matt
Ch
Chavez
08/20/07
Line Personnel
28
02/01/08
FFIEMT
FFIARFF
01/10/08
1 0108
02/01/08
Fernando
Barry
Duran
10/02/07
Line Personnel
29
06l06108
FFIAR FF
06106108
Thomas
Mack
06/09/08
Line Personnel
Line Personnel
30
31
10/27/08
10/27/08
FFIPM
10/27/08
Raul
Cespedes
08107106
Line Personnel
32
10/27/08
FFIPM
FFIPM
10/27/08
10/27/08
Edward
Rafael
Child
B aldoqum
01/30/08
Line Personnel
Line Personnel
33
10/27/08
F F /PM
10/27/08
Alex
Baguer
04/15/08
05/29/08
Line Personnel
34
35
10/27/08
10/27/08
FFIPM
FF IPM
10/27/08
10/ 27/08
Jay
Y
Michael
Rivera
06/05/08
Line Personnel
36
10/27/08
FFIPM
10/27/08
Adolfo
Blanton
Fundora
07/17/08
07/24/08
Line Personnel
Line Personnel
37
38
10/27/08
FFIPM
10/27/08
Alejandro
Lucio
07/24/08
Line Personnel
39
10/27/08
10/27/08
FFIPM
FFIEMT
10/27/08
03/10/11
Blake
Randy
'
Carrillo
Garcia
07/31/08
Line Personnel
40
10/27/08
FFIPM
12/13/10
Lazaro
Range!
10/09/07
10/15/07
Line Personnel
Line Personnel
41
42
10/27/08
10/27/08
FFIPM
04/11/10
Enk
Cordo
07/09/08
Line Personnel
43
10/27/08
FFIEMT
FFIPM
10/27/08
12/20/10
Carlos
Luis
Martinez
07/11/08
Line Personnel
Line Personnel
44
10/27/08
FFIPM
09/10/09
Jared
Acosta
Shapiro
'
07/28/08
08/01/08
Line Personnel
45
46
05106109
05/11/09
FFIARFF
FFIEMT
05/06/09
Harry
Bethel 111
03/02/09
Line Personnel
47
07/20/09
FFIPM
03/22/10
03/10/11
Andrew
Hector
Vega
Mesa
07/29/08
Line Personnel
Line Personnel
48
49
07/20/09
FFIPM
04/11/10
Luis
Colon
10/29/07
04/15/08
Line Personnel
50
11/02/09
11/02/09
FF IEMT
FFIPM
11/02/09
Bruce
Martin
03/30/09
Line Personnel
51
11118 0
19
FFIPM
03/15/11
11/18/09
Re
Reynaldo
Pablo
Garda
05/22/09
Line Personnel
52
12/14/09
FFIPM
04/11/10
i lliam
William
Arguello -Incer
Lyden
06/0 2109
11/25/08
Line Personnel
53
1211 4109
FFIPM
12/1 4/09
Andrew
Allen
1 2122108
Line Personnel
Line Personnel
54
55
12/14/09
FFIE MT
1 ?/14109
He
Thomas
01/26/09
Line Personnel
56
12/14/09
12/15/09
FFIEMT
FFIEMT
12/14/09
Jonathan
McLean
02/23/08
Line Personnel
57
03/15/10
FFIPM
12/15/09
03/15/10
Stephen
Jorge
Shaw
Machado
11/17/09
Line Personnel
58
03/22/10
FFIPM
03/22/10
Krzysztof
Boszko
05/22/08
Line Personnel
Line Personnel
59
04/26/10
FFIARFF
04/26/10
Brandon
Cletta
01/27/08
02 122!10
Line Personnel
60
fit
06114110
111021 10
FFIPM
FFIEMT
07/28/11
Carlo
Miii #o
12108/08
Line Personnel
fit
11/02/10
FFIPM
11/02110
07/29/11
Porfirio (Tony)
Araque
111 24109
Line Personnel
63
12/13/10
FFIEMT
12/13/10
Warren
Robert
Musser
Horachek
01126110
Line Personnel
Line Personnel
64
65
12/20/10
FFIEMT
12/20/10
Jeremy
Hackworth
02/19/10
01/11/10
Line Personnel
66
02/22/11
02/24/11
FFIE MT
FFIEMT
02/22/11
Brenda
Kuchcinski
05/17/10
02/24/11
Ryan
Devitt
02/03/10
Page 2
Monroe County Fire Rescue
List of Classification Seniority September 12, 2011
Rank Category
Dept.
Seniority
D.O.H.
Classification
Classification
First Name
Last Name
App Rcd Date
Change Date
Line Personnel
Line Personnel
67
fig
04/04/11
04/14/11
FFIEMT
04104111
Cameron
Cowart
05/25/10
Line Personnel
fig
04/20/11
FFIEMT
FFIEMT
04/14/11
0412011 1
Brandon
Steven
Bertini
0?J08110
Line Personnel
Line Personnel
70
71
07/18/11
8111
FF /PM
09/1 3/11
Matthew
Gurnicz
5oderholm
01/08/10
03/04/10
Line Personnel
72
0 7128111
0712911 1
FFIEMT
FFIEMT
0 7128111
07/29/11
Joe
Nogami
0fi111110
Line Personnel
73
09/13/11
FFIEMT
0911311 1
Dany
Armando
Ribo#
Hernandez
03/03/10
04/19/10
*Acting
Page 3
Exhibit C
STATE OF FLORIDA
PUBLIC EMPLOYEES RELATIONS COMMISSION
MONROE COUNTY PROFESSIONAL .
FIREFIGHTERS, LOCAL 3909, tAFF,
Petitioner, : , C as e No. EL-- 2000 -007
(Relates to RC -9"42).
V. .
VERIFICATION OF ELECTION
MONROE COUNTY BOARD OF RESULTS AND CERTIFICA
COUNTY coMNilSsla TIgN
NER$, OF EXt Lk!g j E COLLECTIVE
. .
Respondent. BARGAINING REPRESENTA •
V.
TEAMSTERS LOCAL UNION NO. 761), :
Intervenor,
Matthew J. Mierzwa, Lake Forth, attorney for petitioner.
James D. Stokes, Miami, attorney for respondent.
Stanton R. [err, Miaml Shores, attorney for Intervenor..
A secret ballot election was conducted February ' 23, 2000, through March 1
2000, In the foilowin g unit: 9 '
INCLUDEI]: Firefighter /Paramedl� Firefighter /EMIT, Airport Rescue Fire ter
. �n ,
Paramedic and Emergency Medical Technician.
OLCLUDED. Senior Director-Fire Rescue Services, Airport Fescue Firef ht
• • � g er
Chief, EMS Chief, Administrator --Fire Rescue Training & Manpower,
Coor+dinatar• Supply & Maintenance, EMS Suppott Service
Manager, Fire Marshal, Assistant Fire Marshal, Opera tions Shift
Supervisor, Sheriff CapitaVAlrport Rescue, and all other Cbun
employ .
'Per Commission order Number: 00E -014 dated J
anuary 14, 2000, and
Teamsters' response declining to participate in the election received Janua , ty 2'l, 2090.
l g3
P .
'EL-2000-007
(Relates to RC -99 -042)
The election results are as follows:
I , Approximate number of eligible voters 49
2. Void ballots g
3.• Votes cast for Petitlonet `•
�5
4. Votes cast against participating
organization 2
50 Valid votes counted 40
Challenged ballots p
7. Vaud votes counted plus challenged ballots 40'
8. Challenges are not sufficient to affect the
results of the election.
The Commission VERIFIES the results of the election conducted Feb
. 2000, through ranch 15, 2000. Petition ( OR-99-003) cooly 23,
Petitione received a majority of the valid
votes plus challenged ballots, -
Pursuant to Section 447.307(3)(b), Florida Statutes the Cv
the Petitioner as the exclusive emiss CERTIFIES
uslve bargaining for employees in the unit
described above. Certification number 128g is issued
to the Pe titioner.
This order may be appealed to the appropriate district court of. a
of appeal must be received b the Co a ppeal. A notice
Y mmission and the district court of appeal within
thirty days from the date of this order. Except In cases of Ind enc
fee and•the' � ' l -0 y, the court will
requ a filing Gammissron will require payment for Preparing he record f -
o
appeal. Further explanation of the rt ht tw eal is g o
447.504 Florida S 9 . PP provid$d In Se�cticns 120.68 and
• St atutes and the Fonda Rules of Appellate Proc
It is so ordered. .
POOLE, Chair, GERTZ and JACKSON, Commissioners concur
i HEREBY CERTIFY that this document was filed
and a copy served on each
party on - e 4tw4 c.A 31 004.
' BY:
Clerk
Aas
2
FIIItEFIGgI'fl'ER / PARAMEDIC REPA,'!'1ddEN'I' AGREEMENT
EXHHBIT D
UAFF Collectively bargained Agreement — Unit One)
follows: EMPLOYEE NAME hereinafter referred to as TRADE, agrees as
E -
COUNTY WI]L,L, ARRANGE FOR TRAINING
The COUNTY agrees to send TRAINEE to (check one):
[IFirefighter training
Paramedic training
to be held at
day of commencing on or about
WAGES FOR FIREFIGHTER TRAINEES (Section 7.13)
A. The COUNTY w ill pa the TRAIN EE a base salary equal to nines
the base p erce nt se salary of an entry level Fired Y P ens of
Firefighter/EMT T dunng TRAINEE'S soli
e and performance of all of TRAINEE'S satisfactory
attendant tom E S duty es. Then the TRAINE
successfully Y pletes the Florida State Fire M arshal's •
Training examination far ce Bureau of Fire Standards &
rtif cation as a Florida State Fire fig h t er, other requirements fvr Florida certification ghter, and meets all
aid I rtif cation as a Firefighter, then TRAINEE •
P 0 /o of the base salary rate for Firefi nVEE wrll be
ghterll'aramedic.
$- If TRAINEE does not complete '
Firefighter P all requirements to become a Florid '
ghter vv�tlun one year of TRAINEE' a certified
discretion may S date of hue, then the Fire thief, '
y recommend termination of the T , at his
TRAINEE.
-.�. WAGES FOR PARAMEDIC T RAINEES (Section 73.1)
A. The CDUIy`fy will pa the TRA INEE a base salary equal
the base y to ninet
salary of an entry level Firef� ter) Y percent (90%) of
satisfactory Paramedic during TRAINS '
ry attendance and performance o E S
fall of TRAINEES duties.
successfully completes the Florida when the
TRAINEE
examination f ride Departme of Heath Paramedic
or certification as a Florida State P dic
Paramedic, and meets all other
requirements for Florida certification as a Paramedic, then T
100 of the base solar rate o �INEE will be paid
Y for Firef ghterlParamedic.
B If TRAINEE does not complete •
p ete al requirements to become a Florida .
Paramedic within one Year of nda certified
Fire y TRAINEE'S commencement of t
re thief, at his discretion may he course, then th
y recommend termination of the TRAINEE.
I of
r
TUITION, Boo, , AND OTHER �
fF oST of TRAIN
y
TRAINEE agrees to reimburse the COUNTY for tuit ion, txon, books and training lnaten als,
(hereinafter referred to as TRAINING COSTS) }� p a' id by the COUNTY on TRAINEE'S
tf, if: - r
A. TRAINEE withdraws from the course or fails
to complete the course in a
timely fashion, or;
..� B. TRAINEE fails to obtain his or her certification
ation from the Florida State Fire
Marshal's Bureau of Fire Standards & Train fining certification}
within 12 months after date of hire or;
C. TRAINEE fails to obtain his or her certification from the Florida
Department of Health (Paramedic certification) .
within 12 months after
completion of the course, or,
D. 'TRAINEE voluntarily resigns or abandons his or her position before
working as a certified Paramedic or Firefighter for Monroe County Fire
Rescue for a period of two (2) years from certification date, or;
E. The Fire Chief revolves the a aintmen
the T � PP t of the TRAINEE with cause Burin
RAINEE S enrollment in course. g
REPAYMENT SCHEDULE
Repayment is pro-rated depending upon the l •
to e g P length of employment followin certificati
g the following schedule: g n
according
0 Within 5 months: Repayment of 100% D t
. f he full amount of TRAINING COST
within 1 � months. Rea S
Re of 75 % of the full
o amount of TRAINING COSTS
Within 18 months:
Repayment of 50 of the full amount of T /�
4 RAINING CASTS
Within Z4 months: Repayment of 25% of the full amount of TRAINING
COSTS
If TRAINEE successfully completes the co .
P course and satisfactorily performs his or herd '
or Firef ighter as required herein, then the C duties
as a Paramedic COUNTY/Fire Chief agrees that
TRAINEE shall have no further financial obligation as a result of an
TRAINEE, or on his or her behalf ursu is F y Payment made to
p ant to th Agreement.
TRAINEE To PAY COSTS OF COLLECTION
TRAINEE agrees to pay the COUNTY all reasonable costs of collection
incurred by him i n the event the C o UN to collect an and attorney's fees
TRAM TY is obliged funds ado
EE pursuant to this Agreement. Y anted to
2 of
SE'VERABILIT'Y CLAUSE
If any part of this Agreement is ruled to be une
A nforceable, the remaining parts of the
greement shall still be legally binding.
THIS I S INTENDED TO BE A LEGALLY B INDING INDIIVG D��'U1Y�fENT. READ IT
: DO NOT SIGII� IT IF YOU Da NOT WV
A D.R,STtNt3 I�; DR IF YoU
RE
NO WILLING TO BE BGGIYD BY ITS T
ER ,rS.
Fire Chief
Monroe County Fire Rescue, Florida
Signature (Chief)
Signature (TRAINEE)
Print Name
ACKNOWLEDGEMENT
Print Name
BEFORE ME, the undersigned authori
appeared, who identified himself/herself to p rsonatly
tdentif cation a me and produced satisfactory roof of
an acknowledged to me that he/she execu P
voluntarily, and for the led the �foregomg agreement free/
purposes therein expressed. y�
Dated this day of
Florida. 4 at
i
Commission Expires:
Notary public, State of Florida
3 of
Exhibit E
Per Article 8. 1, base salary shall remain as in FY 2011.