Item Q7 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2012 (KL) Division: County Attorney
Bulk Item: Yes X No _ Department: County Attorney
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 by
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 5 clauses. Under F.S. Section 447.403(4)(e), following the resolution of the
dispute 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. The County therefore has extended an invitation to bargain to the Union.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $0 BUDGETED: Yes X No
COST TO COUNTY: $0 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes_No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X 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, 2011
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 11/20/2012 Agenda Deadline: 11/6/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: - - - -
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e .maintenance,utilities, janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[:] No[:]
Risk Management Yes[:] No❑
O.M.B./Purchasing Yes❑ No❑
County Attorney it Yes[:] No[ (�A/'-�-o
Comments:
OMB Form Revised 2/27/01 MCP#2
AGREEMENT BETWEEN
MONROE COUNTY, FLORIDA
AND
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
ARTICLE 2: 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 TRAINING..................................24
ARTICLE 8: SALARIES AND SUPPLEMENTS ...............................................................26
ARTICLE 9: EMPLOYMENT BENEFITS..........................................................................28
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 .
1.1 Purpose 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 provide 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 Recognition and Certification of Union Management Rights
1.2.1 Union Selection and Request 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 Recognition 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 Certification The Florida Public Employees Relations Commission
("PERC") has reviewed the petition of the Union for certification, has determined the
appropriateness of the unit, and has certified the Union as the exclusive representative
of all employees in the unit. A copy of the certification documentation is attached to
this Agreement as EXHIBIT A.
1.2.4 Unit Determination The unit covered by this Agreement has been
determined to include County employee positions of Battalion Chief, 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 Exclusive Management Rights Section 447.209, Florida Statutes,
provides the County with the authority to determine unilaterally the purpose of each of
its constituent departments and divisions, set standards of services to be offered to the
public, and exercise control and discretion over its organization and operations. The
County also has the right to direct its employees, take disciplinary action for proper
cause, and relieve employees from duty because of lack of work or for other legitimate
reasons. In matters not covered specifically by language within this Agreement, the
County shall have the right to make decisions in such areas on a unilateral basis, and
such decisions shall not be subject to any grievance procedure, except as to whether a
specific matter is a management right, or as otherwise provided by Florida law. The
below enumerated rights 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
provisions of this Agreement; staffing of equipment and apparatus; amount and types
of equipment; and placement and location of equipment; (4) the right to direct the
members of the unit, including the right to hire, suspend, demote, promote, transfer,
discipline, and discharge any unit member for just cause; (5) the right to temporarily
assign unit members to other duties within the County's fire/rescue operations; (6) the
organizational structure of the fire/rescue operations in the County, including the right
to organize and reorganize in any manner in which the County chooses, including the
size of operations, the determination of job classifications and ranks based upon other
duties assigned; (7) the determination of the safety, health, and property protection
measures for the fire/rescue services; (8) the allocation and assignment of work to unit
members; (9) the determination of policy affecting the selection and training of new
employees and the on-going training, certification, and cross-certification of unit
members; (10) the scheduling of operations; (11) the establishment, amendment,
and enforcement of fire/rescue operations rules, regulations, policies, procedures, and
orders; (12) the transfer of work from one position to another within the unit; (13) the
introduction of new, improved, or different methods and techniques of operations or a
change in existing methods or techniques; (14) the placing of secondary services
temporarily; maintenance; or other work with outside contractors or other agencies of
the county, any municipality within the county, or state or federal agencies; (15) the
determination of the number of ranks and number of personnel within the unit; (16)
the determination of the quantity and amount of supervision to be provided to unit
members; (17) the transfer of any unit member from one area, shift, work schedule, or
facility to another; and (18) the right to direct any person not covered by this
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.
1.2.6 Notice of Exercise of Management 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-emergency
situations, provide written notification to the Union President either by U.S. Postal
Service Mail, certified or return receipt requested; in person by hand-delivery; or by
electronic mail with confirmation of receipt as may be provided by the electronic mail
software application. Non-emergency written notification shall be given at least twenty
(20) days prior to the effective date of the management right to be exercised as
identified in the notification. In emergency situations, notice shall be given as soon as
practicable and in such form as may be reasonable under the circumstances.
1.2.7 Non-Waiver. Non-Exclusivity The provision of any notice pursuant to
Sections 1.2.5 and Section 1.2.6 shall not be deemed to be a waiver of any rights or
prerogatives of the County to which the County is entitled pursuant to federal, state,
and local statutes, laws, ordinances, regulations, rules, or case law. Should the
County fail to exercise any of its lawful rights from time to time, such failure shall not
be, nor shall such failure be deemed to be, a waiver to exercise such right or rights in
the future, and it is specifically agreed by the Union and the County that any right or
function of the County not specifically relinquished or altered by this Agreement is
reserved to the County. Further, the Union and County agree that the rights,
responsibilities, and prerogatives inherent in, or legally provided to, the County and the
County Administrator cannot be subject to any grievance or arbitration proceedings
except as may be specifically provided for in this Agreement.
1.3 Non-Discrimination
1.3.1 Non-Discrimination Agreement The County and Union agree that both
oppose discrimination or retaliation on account of, and neither shall discriminate nor
retaliate against any employee or Union member on account of, race, color, creed,
gender, national origin, marital status, gender orientation, sexual preference, age,
religion, union activity, handicap or disability except as may be permitted or allowed as
a bona fide occupational qualification under federal or state law.
1.3.2 Discrimination/Retaliation Not Grievable While the County and
Union agree that unlawful discrimination and unlawful retaliation have no place in the
County's workforce, federal and state laws provide specialized protections, procedures
and remedies for such misconduct. Therefore, claims that the County or the Union
engaged in unlawful discrimination or unlawful retaliation shall exclusively be processed
through the statutory, administrative and judicial procedures that exist to entertain and
resolve such claims. Therefore, any such claim(s) is not subject to the
grievance/arbitration procedure of this Agreement.
1.3.3 Investigation of COMDlaint of Discrimination The County and Union
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.
1.4 No Strike. No Lockout
1.4.1 Injunctive Relief The County and Union agree that the County is
responsible for and engaged in activities which are the basis for the health and
welfare of the general public and any violation of this section 1.4 could give rise to
irreparable damage to the County and the public at large. Accordingly, the Union
agrees that in the event any violation of this section 1.4 should occur or be apparently
imminent, the County shall be entitled to seek immediate injunctive relief in a court of
competent jurisdiction without notice to the Union.
1.4.2 No Strikes The Union agrees that there shall be no strikes as that term
is defined in Florida Statutes, and that there shall be no work stoppage, work
slowdowns, boycotts, picket lines or picketing in support of a work stoppage or work
slowdown, nor will there be a concerted failure or refusal to perform work assigned by
the County or appropriate superior employees or individuals designated by the County.
The County shall have the right to pursue any and all legal and equitable remedies in
the event of a strike.
1.4.3 No Support By Union The Union agrees that it shall not support,
condone, encourage, authorize, sanction, or ratify any violation of sub-section 1.4.2
above. The County agrees that the Union shall not be held liable for any violation of
section 1.4 if it is reasonably shown that neither the Union nor any Union officer
supported, condoned, encouraged, authorized, sanctioned, or ratified such action. In
the event any Union officer becomes aware of any activity, whether verbal or physical,
which is intended or may be reasonably be construed to be instigating a strike, work
stoppage, work slowdown, boycott, picketing, or other activity in violation of this
Agreement, that officer shall immediately attempt to discourage such activity and shall
immediately notify the appropriate managerial authority of such action.
1.4.4 No Lockout The County agrees that it shall not authorize, promote,
condone, institute, or engage in any lockout of Union members.
ARTICLE 2: DEFINITION'S
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 Proceedin9Z for purposes of disciplinary proceedings, means any
non-judicial hearing which may result in the recommendation, approval, or order of
Page 4 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
disciplinary action against, or suspension or discharge of, a firefighter.
2.2 Advanced life support means treatment of life threatening medical emergencies
through the use of techniques such as endotracheal intubation, the administration of
drugs or intravenous fluids, telemetry, cardiac monitoring, and cardiac defibrillation by
a qualified person pursuant to the rules of the Florida Department of Health.
2.3 Advanced life support service means any emergency medical transport or non-
transport service which uses advanced life support techniques.
2.4 Air Ambulance means any fixed-wing or rotary-wing aircraft used for, or
intended to be used for, air transportation of sick or injured persons requiring or likely
to require medical attention during transport.
2.S Ambulance means any privately or publicly owned land or water vehicle that is
designed, constructed, reconstructed, maintained, equipped, or operated for, and is
used for, or intended to be used for, land or water transportation of sick or injured
persons requiring or likely to require medical attention during transport. The term also
includes "emergency medical services vehicle."
2.6 ARFF means Airport Rescue Firefighter.
2.7 Basic life support means treatment of medical emergencies by a qualified
person through the use of techniques such as patient assessment, 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 support service means any emergency medical service which uses
only basic life support techniques.
2.9 Bargaining unit or Unit means the employees represented by the Professional
Firefighters of Monroe County, International Association of Firefighters, Local 3909.
2.10 Bumping Rights means the right of an employee covered by this Agreement to
displace an employee of lower seniority, covered by this Agreement, from a position
covered by this Agreement, but only in accordance with the terms and conditions of
this Agreement.
2.11 Chief executive officer. as generally defined in Section 447.203, Florida
Statutes, shall mean the County Administrator.
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 Classification seniority, shall mean the length of time of full-time employment
within a particular job classification, as measured from the date of regular hire status
to the classification or date of permanent promotion to the classification.
2.13 Continuous service as required for advancement within salary ranges and for
other purposes specified under this Agreement, means employment by 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.
2.14 County means the political entity known as Monroe County, and includes the
Board of County Commissioners, the County Fire Chief, the County Administrator, and
employees and agents of Monroe County. County also means the geographical area of
the State of Florida encompassed within the boundaries set forth in Section 7.44,
Florida Statutes.
2.1S Court means any county court or state circuit court in Florida and any federal
court in Florida having subpoena powers and exercising such power upon a unit
member as a result of action or involvement in, or observance of, a situation while in
the member's capacity as a county employee.
2.16 Department seniority_ shall mean the length of time of full-time regular
employment with the County, calculated from the last hire date.
2.17 Emergency, means a circumstance requiring immediate action; a sudden,
unexpected happening; an unforeseen occurrence or condition.
2.18 Emergency Medical Services means the activities or services to prevent or
treat a sudden critical illness or injury and to provide emergency medical care and pre-
hospital emergency medical transportation to sick, injured, or otherwise incapacitated
persons.
2.19 Emergency medical services vehicle means an ambulance.
2.20 Emergengy medical 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. Em looyee means a member of the bargaining unit, unless the context
specifically requires a different meaning.
2.22 Em looyee organization means Professional Firefighters of Monroe County,
Local 3909, International Association of Firefighters.
2.23 Em ilooyer 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 Apparatus 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 Firefighter 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.
2.26 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 County Fire Rescue emergency medical system and who is in fact acting in
that capacity. Flight nurses are employed either as full-time employees or
employees paid on an hourly basis as defined in the Monroe County Personnel
Policies and Procedures Manual. Flight nurses who are paid on an hourly basis are
not entitled to any employment benefits including but not limited to those
enumerated in Article 9 of this Agreement.
2.27 Florida Firefighters Occupational Safety and Health Act or FFOSHA
means the provisions of Sections 633.801 through 633.821, Florida Statutes.
2.28 Formal Investigation means the process of investigation ordered by
supervisory personnel, after the supervisory personnel have previously determined that
the firefighter shall be reprimanded, suspended, or removed, during which the
questioning of the firefighter is conducted for the purpose of gathering evidence of
misconduct.
2.29 Grievance means a complaint, dispute, or controversy in which it is claimed that
the Union, the County, or a County employee has failed in an obligation under this
Agreement, which involves the meaning, interpretation, or application of this
Agreement, and where the grievant, the Union or the County believes that rules have
been misapplied or violated.
2.30 Holiday means a day, beginning at 12:01 A.M. and ending twenty-four (24)
hours later, which the County has recognized in its' ordinances, resolutions, policies
and procedures as a day on which most county offices are usually closed. The County
recognizes the following days to be holidays: New Year's Day, Presidents Day, Martin
Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, Christmas Day.
2.31 Informal Inguiry means a meeting by supervisory or management personnel
with a firefighter about whom an allegation of misconduct has come to the attention of
such supervisory or management personnel, the purpose of which meeting is to
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 Interrogation 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 Truck Apparatus or Ladder Truck means any fire apparatus equipped
with a power operated ladder, tower, platform, or articulating device whose primary
purpose is to provide firefighters with access to levels of height beyond the reach of
manually-raised ladders.
2.34 Legislative body as generally defined in Section 447.203, Florida Statutes,
means the Board of County Commissioners of Monroe County.
2.35 Membership dues deduction means the amount established by the Union to
be paid on a monthly basis by Union members as and for the privilege of belonging to
the Union, and which amount has been agreed by the Union member to be deducted
by the County from the Union member's salary and wages and paid by the County
directly to the Union. Such deductions shall not include initiation fees, special
assessments, or other charges which may be imposed from time to time by the Union.
2.36 Mutual aid agreement means a written agreement between two or more
entities whereby the signing parties agree to lend aid to one another under conditions
specified in the agreement and as sanctioned by the County.
2.37 Paramedic 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.
2.39 PERC means the Florida Public Employees Relations Commission.
2.40 Picketing means attendance by one or more Union members outside of a
County facility or worksite during, and in support of, (1) a strike, work stoppage or
work slowdown, or (2) in connection with a concerted failure or refusal to perform work
lawfully assigned to Union members, when such attendance is designed, intended, or
has the effect of harassing, coercing, or intimidating any County employee to refuse to
perform lawfully assigned duties or to take a course of action in violation of this
Agreement or any federal, state, or local law.
2.41 Pumper also referred to as Engine, means a piece of fire apparatus 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 Rescue ARRaratus or Rescue Vehicle means any vehicle whose primary
function is to carry equipment and manpower designed to facilitate the rescue of
trapped or endangered persons from unusual circumstances, including automobile
accidents, cave-ins, fires, building collapses, and other serious bodily injury or life-
threatening situations.
2.43 Shift means a period commencing at 8:00 A.M. and ending twenty-four hours
later at 8:00 A. M.
2.44 Strike shall have the same definition as that contained in Section 447.203,
Florida Statutes.
2.45 SURolemental Compensation means the compensation to be paid to
firefighters pursuant to the provisions of Section 633.382, Florida Statutes.
2.46 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 Vacancy means an open position resulting from the creation of a new position,
voluntary or involuntary termination, retirement, death, promotion, or demotion. A
vacancy is not created as a result of a reduction in force, temporary assignment or
transfer, or temporary appointment.
2.48 Volunteer means a person who, of his or her own free will, provides goods or
services to Monroe County government without receiving monetary or material
compensation from Monroe County. The recruitment and use of volunteers will be
generally pursuant to the provisions of Sections 125.9501 through 125.9506, Florida
Statutes.
2.49 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 Cycle means the 27-day period used for purposes of calculating and
crediting or paying overtime in accordance with the general principles of the Fair Labor
Standards Act.
2.52 Workweek means, for salary purposes, seven consecutive days, commencing
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 LOCAL 3909
on Sunday at 12:01 A.M. and ending the following Saturday at 12:00 Midnight.
ARTICLEN RIGHTS ANDRESPONSIBILITIES
3.1. Dues and Uniform Assessments Section 447.303, Florida Statutes, gives the
right to the Union to have its dues and uniform assessments deducted and collected by
the County from the salaries of those employees who authorize the deduction of said
dues and assessments. There are no uniform assessments covered under this
contract.
3.1.1 Dues and Assessment Deductions The County agrees to deduct from
the each unit member's bi-weekly salary the dues and uniform assessments for which
(1) the amounts have been certified in writing to be 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
or her authorization to deduct union dues and assessments from his or her salary by
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 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 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 County Not Involved in Collection of Fines: Penalties or S eecial
Assessments The County, as a public employer, is expressly prohibited by Section
447.303, Florida Statutes, from being involved in the collection of any fine, penalty or
special assessment charged against a unit member.
3.1.4 Remittance 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 geographical limits of
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
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.
3.1.6 Current Unit Member 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 Union to Indemnify and Hold County Harmless 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 Rights of Members and Non-Members.
3.2.1 No County Discrimination. The Union and County agree that any
employee is free to join and assist the Union without fear of retaliation of any kind. No
County officer, employee, representative, or agent shall interfere with, restrain, coerce
or intimidate an employee in the exercise of the employee's right to join or refrain from
joining the Union. No County officer or supervisor shall discriminate against any
employee with regard to employment, or the terms and conditions of employment
(including but not limited to promotions) because the employee has formed, joined, or
chosen to be represented by the Union or because the employee has given testimony
or taken part in any grievance procedure or other hearing, negotiation or any other
form of legal activity on behalf of the Union.
3.2.2 No Union Interference. The Union and County agree that all employees
shall have the same right to refrain from membership in the Union. The Union agrees
that it will not interfere with, coerce, or intimidate any employee into joining the Union
and that every employee has the right to choose of his or her own free will whether he
or she will or will not join the Union. The Union further agrees that there will be no
interference with the free right of any employee or member of the public to enter and
leave work sites and property of the County unmolested, unthreatened, and
un-intimidated.
3.2.3 Claims of Discrimination or Interference Any claim of discrimination
or interference in violation of Section 3.2.1 or 3.2.2 shall be asserted exclusively
through the Florida Public Employees Relations Commission, or through the
grievance-arbitration procedures of this Agreement.
3.3 Union Business
3.3.1 Union Business Meetings 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 ReRresentative for Grievance Any unit member desiring to file a
grievance pursuant to this Agreement, shall have the right to meet with one (1) Union
representative to discuss the member's potential grievance. The County agrees to
permit the member and the Union representative to meet briefly during work hours
concerning a potential grievance, provided the member and Union representative have
the permission of his/her immediate supervisor, and further provided that the meeting
does not disrupt or interfere with current fire/rescue operations or result in less than
minimum staffing. The Union agrees that this privilege shall not be utilized to prepare
formal grievances during work hours but is to be used to simply and briefly consult with
the member and/or a supervisor in order to avoid the necessity of processing a formal
grievance or to consult with the member to set an appointment for after working hours
to prepare a legitimate grievance.
3 3 3 National and State Association Meetings
3.3.3.1 National Meetings The County agrees that members of the
bargaining unit shall be allowed to attend one nationally recognized professional
association related to the fire/rescue services professions during the County's fiscal
year. The time spent by a unit member away from the member's regularly scheduled
duties while traveling to, from, and attending such meetings shall be deducted from the
Union pool hours provided for in Section 3.5.
3.3.3.2 State Meetings The County agrees that members of the
bargaining unit shall be allowed to attend one Florida state recognized professional
association related to the fire/rescue services professions during the County's fiscal
year. The representatives shall be entitled to reimbursement for travel, meals, and
lodging in accordance with County policies and procedures. The time spent by a unit
member away from the member's regularly scheduled duties while traveling to, from,
and attending such meetings shall be deducted from the Union pool hours provided for
in Section 3.5.
3.4 Collective Bargaining Leave For Union Negotiating Team The County and
Union agree that the Union Negotiating Team shall consist of three (3) members
("regular negotiating team"), selected by the Union. The Union may designate up to
three (3) additional members ("additional negotiating team") to provide representation
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 Hours
3.5.1 Allocation of Hours In each fiscal year covered by this Agreement, the
County shall allocate a number of hours to be used by unit members to attend national
and state association meetings, collective bargaining sessions, and other Union-related
activities. A total of one hundred twenty (120) hours is allocated by the County for use
during each fiscal year of this Agreement.
3.5.2 Use and Forfeiture 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 per
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 the 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 union pool hours shall not be
considered to have suffered an in the line of duty injury for purposes either of Florida
Retirement System or workers' compensation. For hours allocated pursuant to Section
3.5.1, above, only actual hours approved by the County Fire Chief for use prior to
September 30th of a fiscal year shall be counted against the allocated hours for that
fiscal year. Hours allocated pursuant to Section 3.5.1, above, not approved and used
shall be forfeited and not carried forward for use in any subsequent fiscal year. Hours
contributed by union members shall not be forfeited and shall be carried over.
3.5.3 Request For Use of Union Pool Hours Request for use of Union pool
hours shall be submitted in writing on a form to be provided by the County. The unit
member requesting to use Union pool hours shall obtain written approval from the
Union president, vice-president, or secretary prior to submitting the request to the
County Fire Chief. Such approval shall be indicated on the request form. One form
shall be submitted for each unit member for each pay period in which Union pool hours
are to be used.
3.5.4 Submitting 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) 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 question
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 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 Responsibility of County Fire Chief The County Fire Chief shall be
responsible for tracking and monitoring availability and use of Union pool hours, and for
final approval of 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 Names of Union Representatives 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.
3.7 Bulletin Boards The Union shall have the right to install and maintain at the
Union's cost a bulletin board at each County facility to which Union members are
assigned to perform services. The size, composition, and location of the bulletin
boards shall be mutually agreed to by the Union and the County. Posted materials
shall be subject to review and approval by the County Fire Chief; shall contain on its
face the legible name of the person responsible for placing the material on the bulletin
board; shall not contain anything of a derogatory or adverse nature concerning the
County or its employees or agents, or contain anything which is in violation of this
Agreement; and all materials shall be dated. and bear the signature of the Union
president or his or her designated representative. Materials placed on a bulletin board
in violation of this section shall subject the employee to disciplinary proceedings.
3.8 Printing and Distribution of Agreement The County will, at no cost to the
Union, print one copy of this Agreement for distribution to each facility at which
employees covered by this Agreement are assigned for duty; one original copy to the
Union; and one copy to each library facility in Monroe County.
ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES
4.1 Disciplinary Standard The County and Union agree that no employee who has
attained career status with the County shall be discharged, demoted, or otherwise
disciplined in a manner which would result in a loss of pay, except for just cause.
4.2 Probationary Period All new and newly-promoted employees shall serve a
probationary period. The probationary period shall be considered the last step in the
selection or promotion process, and the purpose of the probationary period is to allow
management to observe and appraise the conduct, performance, attitude, adaptability
and job knowledge of the employee and to assist the County in determining the
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 Rejection of Probationary Empi9yee 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 Proposed Discipline and Pre-Determination Hearing Any proposed discipline
of a non-probationary employee subject to this Agreement which would result in a
suspension without pay, termination of employment, demotion, or a reduction in base
salary, shall require a pre-determination hearing. The pre-determination hearing shall
be held and conducted in accordance with the provisions of the Monroe County
Policies And Procedures, Section 9.11, provided such procedures are consistent with
the following provisions:
4.5.1 Procedure Whenever a firefighter is subjected to an interrogation, such
interrogation shall be conducted as follows.
4.5.1.1 Location The interrogation shall take place at the facility where
the investigating officer is assigned, or at the facility which has jurisdiction over the
place where the incident under investigation allegedly occurred, as designated by the
investigating officer.
4.5.1.2 Written Notice No firefighter shall be subjected to interrogation
without first receiving written notice of sufficient detail of the investigation in order to
reasonably apprise the firefighter of the nature of the investigation. The firefighter shall
be informed beforehand of the names of all 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.
4.5.1.4 Persons Present The firefighter under investigation shall be
informed of the name, rank, and unit or command of the officer in charge of the
investigation, the interrogators, and all persons present during any interrogation.
4.5.1.5 Sessions Interrogation sessions shall be of reasonable
duration and the firefighter shall be permitted reasonable periods for rest and
personal necessities.
4.5.1.6 Conduct The firefighter being interrogated shall not be
subjected to offensive language or offered any incentive as an inducement to
answer any questions.
4.5.1.7 Record A complete record of any interrogation shall be
made, and if a transcript of such interrogation is made, the firefighter under
investigation shall be entitled to a copy without charge. Such record may be
electronically recorded.
4.5.1.8 Reuresentation An employee or officer of the County may
represent the County, and the Union may represent any member of the bargaining
unit desiring such representation in any proceeding in which an interrogation is to
take place. The presence of a representative of the Union during interrogations
shall be permitted if the bargaining unit member to be interrogated so requests.
4.5.2 Application The procedures in 4.5.1 shall be applicable only to a
formal investigation of a bargaining unit member and shall not apply to an
informal inquiry involving the member.
4.6 Emergency Suspension or Transfer In a situation where the County
Administrator or his or her designee reasonably determines that an emergency
exists which could be harmful to the health, safety, or welfare of any person, and
that an employee should be temporarily suspended from duty not to exceed a
thirty (30) day term or transferred to another duty assignment pending
scheduling a pre-determination hearing, the County Administrator or his or her
designee shall immediately notify the Union president and the employee of such
determination, and shall immediately document that determination in writing to
the employee and provide the Union president with a copy.
ARTICLES: GRIEVANCE PROCEDURE
5.1 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
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
member to utilize the procedures of the Career Service Council Act concerning any
matter covered by this Agreement, including but not limited to claims of improper
disciplinary actions and adverse actions such as transfers, demotions, suspensions or
terminations. Bargaining unit members must submit any such disputes to the
grievance-arbitration procedure herein, with the exception of claims of unlawful
discrimination or unlawful retaliation, which must be submitted through procedures
established by laws prohibiting discrimination or retaliation in employment.
5.2 Exclusive Proceeding A grievant initiating and utilizing the procedures set forth in
this Article is precluded by law from availing himself or herself of any procedures or
remedies provided through any unfair labor procedure or the County's career service
law.
5.3 Initiation of Grievance All grievances 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 the dates, times,
locations, names of witnesses, and other information appropriate to the grievance; (ii)
the section or sections of this Agreement claimed by the grievant to have been
violated; and (iii) the remedy or corrective action requested by the grievant. If a
grievance form has been adopted by the County, that form shall be utilized in
initiating and submitting a grievance.
5.4 Grievance Stets 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 Step One Within fifteen (15) calendar days of the incident being
grieved, the Union or the affected employee may, in the presence of a Union
representative, submit a grievance in writing through the Union to the employee's
immediate supervisor.
5.4.1.1 Immediate Suaervisor. The original copy of the completed
form shall be delivered to the employee's immediate supervisor, and a copy shall be
delivered to the Union representative. The immediate supervisor shall attempt to
resolve the grievance at that time by attempting to fully discuss the matter with the
employee in a fair and equitable manner and in accordance with the established policy
of the County. The immediate supervisor's decision shall be rendered in writing within
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 Agreed Resolution. 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, signed form
shall be submitted to the Human Resources Director for placement with the employees
employment records. No further action on the part of the County shall be required.
5.4.1.3 No Resolution. If the employee 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 immediately 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 days of the decision of the
immediate supervisor.
5.4.2 Steg_Two The Fire Chief or authorized agent shall make such inquiry
concerning the grievance as he or she shall deem appropriate, and shall render a
written decision within seven (7) work days of receipt of the immediate supervisor's
decision.
5.4.2.1 Agreed Resolution If the employee or the Union agrees with
the decision of the Fire Chief or Fire Chiefs authorized agent, he or she or the Union
shall sign the Grievance Form acknowledging his or her agreement, and the original,
signed form shall be submitted to the Human Resources Director for placement with
the employee's employment records. No further action on the part of the County shall
be required.
5.4.2.2 No Resolution 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 his or her disagreement, and
immediately notify the Union in writing. The original, signed form shall be 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 Steo Three The County Administrator or his or her authorized agent
shall make such inquiry concerning the grievance as he or she shall deem appropriate,
and shall render a written decision within ten (10) work days of receipt of the Fire
Chiefs, or Fire Chiefs authorized agent's, decision.
5.4.3.1 Agreed Resolution If the employee or the Union agrees with
the decision of the County Administrator, he or she or the Union shall sign the
Grievance Form acknowledging his or her agreement, and the original, signed form
shall be submitted to the Human Resources Director for placement with the employee's
employment records. No further action on the part of the County shall be required.
5.4.3.2 No Resolution 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.
5.5 Immediate Dispute Resolution If a dispute involves the interpretation or
application of this Agreement that has an imminent, substantial effect on the Union
itself or upon five (5) or more Union members, either the County or the Union may
request waiver of Step 1 and Step 2 in the grievance procedure, whereupon both the
County and Union will proceed to immediate discussions at Step 3. Such discussions
shall commence within twenty-four (24) hours, during a work week, after notification to
the other party and shall continue for not more than seven (7) work days. If the
dispute is not resolved during this time frame, the Union may initiate proceedings with
the Federal Mediation and Conciliation Services (FMCS) as provided in Section 5.11 of
this Article.
5.6 Extension of Time At any stage during the grievance process, the County and
the Union may mutually agree to extend the time limits specified in the grievance
procedure. In computing time limits under this Article, Saturdays, Sundays, and
Holidays shall not be counted. For purposes of this Article, the Term "working days" or
"work day" is defined as Monday through Friday, and each day thereof.
5.7 Timeliness Unless otherwise mutually agreed to in writing by the County and the
Union, a grievance not advanced to the next step in the grievance procedure shall be
deemed to have been permanently withdrawn and as having been settled on the basis
of the decision most recently given. Failure of the County's representative to answer
within the time limit set forth in any step of the procedure, unless an extension of time
has been mutually agreed to in writing by the Union and the County, will entitle the
grievant to proceed to the next step. Delivery of notices under this Article must be by
personal service, facsimile, electronic mail, or third party delivery service, i.e., UPS or
Fed Ex. The onus is on the sender to prove that the document was delivered within
the time deadlines set forth in this Agreement.
5.8 Consolidation of Grievances Either the County or the Union may consolidate at
any step grievances on similar issues or disputes.
5.9 Employee's Representative The County and Union agree that nothing in this
Agreement shall be construed to prevent any public employee from presenting, at any
time, his or her own grievance in person to the County and having such grievance
resolved without the intervention of the Union, provided that the resolution is not
inconsistent with the provisions of this Agreement. The Union will be given reasonable
opportunity to have a representative present, for observation purposes only, at any
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 Grievance Not To Be Heard Outside Of Procedures Other 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
employee's right to freedom of speech as such right is defined or interpreted by the
federal or Florida constitution or federal or state law.
5.11 Federal Mediation and Conciliation Service Arbitration (FMCSL
5.11.1 Intent To Proceed The determination to proceed under this Section
shall be only by the Union or the County. Within seven (7) working days after the
decision by the County Administrator or his designee as provided for in Section 5.4.3.2,
or pursuant to Section 5.5, either the County or the Union shall announce its intention
to proceed to arbitration by providing the other party with a copy of the FMCS Form
requesting appointment of arbitrators.
5.11.2 Selection of Arbitrator Selection of an arbitrator will take place
according to the rules and procedures of the Federal Mediation and Conciliation
Service. As promptly as possible after the arbitrator has been selected, the arbitrator
shall conduct a hearing between the parties and 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 Expenses The expenses of the arbitrator shall be paid by
the party losing the award. If a grievance presents more than one (1) issue, or if the
arbitrator splits an award between the parties, the arbitrator in the award shall decide
the division of the arbitrator's fee.
5.11.4 Partv's Costs Each party shall be exclusively responsible for
compensating its own representative(s) and witnesses. If a court reporter or verbatim
record of the proceeding is desired, and the County and the Union do not otherwise
agree in writing, the expenses of the reporter and the cost of the transcript shall be
paid by the party requesting such reporter or transcript.
5 11 5 Limitation on Arbitrator The power and authority of the arbitrator
shall be strictly limited to determination and interpretation of the express terms of this
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.
5.11.6 Limitation on Back Wages 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 . SENIORITY, LAYOFFS, RECALL.
6.1 Seniority Application 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.
6.2 Seniority 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 any
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.
6.3 The list for departmental seniority attached hereto as EXHIBIT B and
classification seniority attached here to as EXHIBIT C shall be the master
seniority list for Monroe County Fire Rescue. As additional employees are hired, or
as current employees sever employment, or promotions are made, the master
seniority lists shall be amended to reflect the same and modified to reflect changes
in the order of seniority among employees.
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:
6.4.1 Resigns or Quits The employee resigns or quits.
6.4.2 Discharged The employee is discharged for just cause.
6.4.3 Retirement The employee retires and ceases to perform any services for
the County. Enrolling into the Florida Deferred Retirement Option Plan (DROP) shall
not be considered a retirement.
6.4.4 Lay Off The employee has been laid off for a period of time equal to his
or her department seniority at the time of the employee's layoff, or one (1) year,
whichever is the lesser period of time.
6.5 Layoffs
6.5.1 Order of Layoffs At such time or times as the County may determine it
is necessary to reduce the work force of the employees represented by the Union, the
layoff of employees shall occur in the following order and in accordance with
department seniority:
6.5.1.1 First Level Temporary, part-time, trainee, and seasonal
employees shall be the first level of staffing to be laid off.
6.5.1.2 Second Level Probationary hires and non-permanent full-time
employees shall be the second level of staffing to be laid off.
6.5.1.3 Third Level Full-time permanent employees shall be the third
level of staffing to be laid off.
6.5.2 Permanent Employee Layoffs
6.5.2.1 Basis. Permanent employees shall be laid off on the basis of their
seniority classification within the classification or rank.
6.5.2.2 Management Right Classifications or ranks to be reduced in
number of employees through layoffs shall be determined by the County in the
exercise of its management rights.
6.5.3 "Bum Ring" Rights
6.5.3.1 Within Department Employees who are represented by the
Union and who are properly laid off shall not have bumping rights to any other
department or division of the County.
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
6.5.3.2 Union Positions Exclusive Employees who are laid off from
any other department or division of the County shall not have bumping rights to any
position represented by the Union.
6.5.3.3 Ranking Order 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 Ring Down When an employee above the rank or
classification of Airport Rescue Firefighter is notified he or she is to be laid off, he or
she shall have the right to bump down to the next lower rank. If the employee elects
to bump down, the least senior employee in seniority classification in the next lowest
rank shall either be laid off or have the right to bump down, and this procedure shall be
followed on down until the least senior employee in seniority classification has been
reached, and this person shall be laid off.
6.5.4 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.
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.
6.5.6 Rehire When rehire occurs, the County shall refill the job within each
classification or rank with the qualified individual who is next on the recall seniority list.
Should no qualified individual on the rehire list accept the rehire offer, the County shall
be free to hire any qualified individual in accordance with County hiring policies. Rehire
notices shall be sent by certified mail, return receipt request, to the listed employee,
allowing seven (7) calendar days after receipt for acceptance or rejection of the rehire
offer.
6.5.7 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 position
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 MONROE 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: CERTIFICATION, STANDARDS, AND TRAINING
7.1 Firefighters The County's goal is to employ individuals to perform firefighting
duties who possess a current, valid minimum standards certificate of compliance issued
to that individual in accordance with the provisions of Section 633.34 and Section
633.35, Florida Statutes, and applicable provisions of the Florida Administrative Code.
7.1.1 Firefighter Trainees The County may, on a case by case basis,
temporarily employ an individual to perform firefighting duties who does not possess
the minimum standards certificate of compliance. Such individual shall be classified as a
"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 Trainee Employment A trainee shall be employed for a period not to
exceed one U1� 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 EmRllo_yment 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 Relayment Agreement Individuals for whom the County provides the
opportunity to attend a minimum standards firefighting academy at the County's
expense shall be required to enter into a repayment agreement. The terms and
conditions of the repayment agreement shall be substantially in the form attached to
this Agreement as EXHIBIT D.
7.1.5 Continuing Certification Training 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 Emergency Medical Technician (EMT) Certification. 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 provide
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.
7.3 Paramedics The County's ultimate goal is to provide professional fire rescue
services through the employment of firefighters who are also certified by the State of
Florida as a paramedic pursuant to the provisions of Chapter 401, Florida Statutes, and
applicable Florida Administrative Code rules.
7.3.1 Paramedic Trainees The County may, on a case by case basis,
temporarily employ a firefighter who does not possess certification 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 as a Firefighter/EMT.
7.3.2 Trainee Em Iloyment A trainee shall be employed for a period not to
exceed eighteen (18) months unless, within that time period, the trainee attains
certification by the State of Florida as a paramedic, is cleared to act as a paramedic by
the medical director, and is operating as a paramedic. During trainee employment, the
County may, but is not obligated to, provide the opportunity for the trainee to attend
Paramedic training, which may or may not be at the County's expense. Upon obtaining
certification by the State of Florida as a Paramedic and being cleared by 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. By way of illustration, if
an employee is a Step 4 EMT prior to promoting into the position of paramedic, that
person will then be paid as a Step 4 paramedic once meeting the definition of
paramedic. There shall not, however, be any retroactive pay as a result of being
slotted as a paramedic.
7.3.3 Termination of Em Ig_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 Repayment Agreement Individuals for whom the County provides the
opportunity obtain certification as a Paramedic at the County's expense shall be
required to enter into a repayment agreement. The terms and conditions of the
repayment agreement shall be substantially in the form attached to this Agreement as
EXHIBIT D.
7.3.5 Continuing Certification Training The County shall provide those
training hours, both on-duty and off-duty, that are sufficient to maintain those
paramedic and firefighting skills as minimally required by the State of Florida and
Monroe County.
7.4 Initial Paramedic Certification For Firefighter/EMT Employees
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
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 Scheduling and Approval. The Unit member, the Union, and the County
Fire Chief shall jointly discuss and agree in writing concerning the timing, conditions of
attendance, and location of training to achieve Paramedic certification. One condition
shall include a Repayment Agreement in substantially the form contained in EXHIBIT
D. The certification training shall be at the expense of the County.
ARTICLE 8: SALARIES AND SUPPLEMENTS
8.1 Base Salary There shall be no wage adjustments during the period covered by
this Agreement.
8.2 State Mandated Educational SuRplement In accordance with the provisions of
Section 633.382, Florida Statutes, and in accordance with the provisions of Rules
69A-37.082 through 69A-37.089, Florida Administrative Code, the County shall be
responsible for, and shall pay, to eligible employees the following amounts:
8.2.1 Associate Degree For employees holding an associate degree, the sum
of $50.00 per month, not to exceed a total of $600.00 per calendar year.
8.2.2 Bachelor Degree For employees holding a bachelor's degree, the sum
of $110.00 per month, not to exceed a total of $1,320.00 per year.
8.2.3 Dual Degrees If an employee holds both an associate degree and a
bachelor's degree, the employee shall receive only the supplement for the bachelor's
degree.
8.3 Eligibility For State Mandated Educational SuRplement Eligibility for the
state mandated supplement shall be determined in accordance Section 633.382,
Florida Statutes, and in accordance with the provisions of Rules 69A-37.082 through
69A-37.089, Florida Administrative Code.
8.4 Method of Payment. Bargaining Group Members base salary should be
compensated in a level method. Base salary should be divided by the annual number
of pay periods (26 currently). Overtime and other special pay will be paid in accordance
with County payroll procedures.
8.5 Hold-Over Time. Call Back Time, and Early Reporting Time Salary
Sugulements
Page 26 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
8.5.1 Hold Over Time "Hold Over Time" shall mean the work time when an
employee is required to work beyond the end of his or her regularly scheduled work
shift.
8.5.2 Call Back Time "Call Back Time" shall mean the time when, after an
employee has completed his or her normal shift and has departed the work site without
any expectation of returning to work before his or her next regularly scheduled shift,
the employee has been contacted to report for work and does in fact report for work.
Call Back Time shall commence when the employee reports to the work site and shall
end when the employee completes the work and departs From the work site. Call Back
Time shall consist of a minimum of four hours of work.
8.5.3 Early 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.
8.5.4 Compensation Compensation for Hold Over Time, Call Back Time, and
Early Reporting Time shall be paid at the regular and overtime rates in accordance with
the calculation of the hours worked by the employee during the regular work cycle.
8.6 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 Flight Pay
8.7.1 Qualification 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 Designation and Training 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 3909
ARTICLE 9: EMPLOYMENT BE6EFITS
9.1. Applicability The benefits listed in this Article and elsewhere in this Agreement
apply only to full-time personnel unless expressly stated otherwise.
9.2. Annual (Vacation) Leave
9.2.1 Employees whose normal duty assignments involve shift work usually
consisting of 24 hours on-duty followed by 48 hours off-duty (as may be referred to as
a "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
.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.
9.3.4 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: '/a 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
9.3.5.2 11 to 15 years of service: 1/2 of all accrued sick leave, up to a
maximum of 90 days;
9.3.5.3 16+ years of service: 1/2 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.
9.3.6 An eligible employee may enroll in and receive the benefits of the Monroe
County Sick Leave Pool. Enrollment procedures and rules for the operation of the Sick
Leave Pool are found in Monroe County Administrative Instruction 4702, as amended
from time to time, and these procedures and rules shall be used in the administration
of the Sick Leave Pool program.
9.3.7 The application, administration and interpretation of sick leave benefits
shall be in accordance with the applicable provisions of Monroe County Administrative
Procedures and any addenda thereto, as may be amended from time to time. Any
provision of the Administrative Procedures or any addenda which is in direct conflict
with any provision in this Agreement is superseded by this Agreement to the extent of
such conflict.
9.4. Holiday Leave
9.4.1 The County has recognized certain days to be holidays, during which
most County offices are normally closed. The County and Union agree that the
County's firefighting and emergency rescue services are, and shall be, available during
holidays, and that some bargaining unit members will be required to work during
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
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 Gear: Maintenance, The County and Union agree that
certain uniform and protective equipment shall be supplied and/or maintained by the
County under the following terms and conditions:
9.5.1 Uniforms, Initial Issuance. The County agrees to issue to each Unit
member the following uniform items:
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
ITEM DESCRIPTION NUMBER ISSUED
Shirt, Long Sleeve, Blue, w/Insignia Two
Shirt, Short Sleeve, Blue, w/Insi nia Two
Shirt, 'T", w/Insignia Five
Suit, Jump, w/Insignia One
Coat, Rain One
Jacket, w/Insi nia One
Pants Two
Shirt, Polo, Grey, w/Insignia Two
Bade One
Name Tag One
Station Shoes/Boots One Pair
9.5.2 Uniforms, Replacement Any uniform item which, as determined by the
County, has been destroyed, damaged beyond economical repair, or which is otherwise
unusable or unsightly due to wear and tear shall be replaced by the County at the
County's expense.
9.5.3 Uniforms. Maintenance The County agrees to provide at each work site
a clothes washer and clothes dryer for use by Unit members to clean and dry issued
items of uniform clothing.
9.5.4 Uniforms, Class A At such time as the County adopts a Class A (Formal)
uniform for fire/rescue personnel, the County shall issue one Class A uniform to each
Unit member who has been a Unit member for three or more consecutive years of
service.
9.5.4.1 The uniform shall be owned by the County, and upon termination,
other' than retirement, from employment a Unit member shall return the issued Class A
uniform to the County, or shall pay to the County the full cost of replacement of the
uniform.
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 be entitled, upon his or
her request, to retain the Class A uniform as his or her property.
9.5.5 Footwear, AR roved The County shall have the right to designate the
type, model, and supplier of footwear (station shoes/boots) to be worn by Unit
members while performing services for the County. Only the purchase of approved
footwear shall entitle the Unit member to reimbursement as provided below.
9.5.6 Footwear, Reimbursement A Unit member shall be entitled to
reimbursement in an amount up to Three Hundred Dollars ($300.00) each odd-
numbered year for the purchase of approved footwear to be used by the Unit member
while performing services for the County. The Unit member shall submit sales receipts
in form suitable to the County showing the date, item purchased, and total amount to
be reimbursed, and reimbursement shall be processed and payment made in
accordance with the County's usual practices and procedures.
9.5.7 Footwear, SuRRHer Contract. In the event that the County enters into
an agreement with any entity to be a footwear supplier to the County for purposes of
providing footwear to Unit members, the procedures put into place by the County
pursuant to the contract shall be the approved method for acquiring footwear by Unit
members.
9.5.8 Personal Protective Gear, Issuance. The County agrees to issue to
each Unit member the following personal protective gear:
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
Sleeves, Protective One Pair
Glasses, Safety One Pair
Shears, Trauma One Pair
9.5.9 Personal Protective Gear, Replacement Any item of personal
protective gear which, as determined by the County, has been destroyed, damaged
beyond economical repair, or which is otherwise unusable or unsightly due to wear and
tear shall be replaced by the County at the County's expense.
9.5.10 Personal Protective Gear, Maintenance The County agrees to clean
and repair a Unit member's items of personal protective gear at such times as may be
deemed necessary from time to time by appropriate supervisory personnel.
9.6. Health And Medical Coverage The County agrees to 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 Insurance The County agrees to provide life insurance coverage for each
Unit member in the amount of Twenty Thousand Dollars ($20,000.00) at no premium
cost to the Unit member. Such coverage shall be of the type provided to other County
employees and shall be with such underwriter or underwriters as the County may
select from time to time.
9.8. Physical/Medical Examinations
9 8.1 The County and Union agree that, among other considerations, eligibility
of bargaining unit employees to receive certain presumptions and entitlements relative
to communicable diseases, disability, and other benefits requires a physical/medical
examination of the employee had been conducted prior to the occurrence of the event
or condition upon which the presumption or entitlement is based. Additionally, a
physical/medical examination evincing good physical condition is required by Section
633.34, Florida Statutes, as a pre-condition of employment as a firefighter. The
County and Union further agree that physical/medical examinations for bargaining unit
employees in addition to "post-offer, pre-employment" physical/medical examinations is
warranted by the nature of the bargaining unit members' duties.
9.8.2 Initial Physical/Medical Examination The County agrees to
provide a post-offer of employment physical examination to an applicant to be hired
for a position included in the bargaining unit. The physical examination shall be
administered in accordance with applicable provisions of the Americans with Disabilities
Act ("ADA") and appropriate Monroe County Personnel Policies and Procedures and
addenda thereto. The cost of the physical examination shall be paid for by the County,
and the minimal scope, content and.documentation of the physical examination shall be
in accordance with the requirements of the Division of State Fire Marshal, Bureau of
Fire Standards and Training.
9.8.3 Periodic In-Service Physical/Medical Examination The County
agrees to provide a physical/medical examination to each full-time employee covered
by this Agreement at such times and in such extent as provided for in Section 2-4,
Chapter 2, of Standard 1582 Edition 2000 of the National Fire Protection Association,
entitled Medical Requirements for Firefighters and Information for Fire Department
Physicians. The County will use its good faith efforts to schedule the physical/medical
examination for an employee during the 30 days immediately prior to, or the 30 days
immediately after, the employee's hire anniversary date; however, it shall also be the
responsibility of the employee to make appropriate notification to the County of the
need for the scheduling of the physical\medical examination. The failure of the County
to meet this general scheduling requirement for physical\medical examinations shall
not be subject to the grievance procedures provided for elsewhere in this Agreement.
The cost of the physical\medical examination shall be paid for by the County. Failure
of employees as of October 1, 2008 to comply with Category A criteria will not
automatically disqualify them from their position but a decision will be made based on
safety issues and performance of the employee.
9.8.4 Special Incident Physical Examination The County agrees to provide a
physical\medical examination to any full-time employee who has 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 Duty Examinations The County shall have the right to
require an employee to undergo a physical examination or mental examination, or
both, when it appears that the employee has exhibited an action or conditions that are
readily observable to a reasonable and prudent person and which would lead such a
person to reasonably believe that the employee may not be able to fully perform his or
her duties. The cost for the examination or examinations shall be paid for by the
County, the examination or examinations shall be performed by the professional
designated by the County, and the results of the examination shall be reported in the
manner required by the County. If any applicable federal or state law shall require that
the employee who has been examined in accordance with this section provide written
consent for the release of the examination information to the County, the employee
shall provide such written consent conditioned upon the County maintaining the
confidentiality of the information received and the County shall only release the
information as required by federal or Florida law or by lawful order issued by a court or
administrative tribunal having competent authority to issue such an order.
9 8 6 Documentation of Physical/Medical Examinations for
physical/medical examinations administered in accordance with Sections 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 by
the County from time to time in accordance with state statute; chemistry and lipid
profile; audiogram, 12-lead electrocardiogram with interpretation and report; chest x-
ray, and treadmill stress testing.
9.9. Firefighter Death Benefits
9.9.1 Florida Law Section 112.191, Florida Statutes, requires the County to
provide certain benefits to a firefighter, the firefighter's surviving spouse, and any
surviving children of a firefighter who dies, is killed, or suffers a catastrophic injury
under conditions specified in Section 112.191.
9.9.2 Amounts The amounts to be paid by the County under this law range
from $50,000 to $150,000 per firefighter, with such amounts subject to adjustment as
determined by the State Fire Marshal, and such payments shall be in addition to any
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 Budgeting The County agrees to budget each year for the anticipated
costs of providing the benefits under Section 112.191. The amount of reserves,
insurance expenses and other costs related to the benefits to be provided shall be in
such amounts to be solely determined in good faith by the County. Additionally, the
County shall have the right to provide for the payment of these benefits through self-
insurance, appropriate insuring policies, or a combination thereof. The cost of any
insurance premiums shall be paid by the County.
9.9.4 ARulicable Rules The provisions of Section 9.9 shall be administered
consistent with the provisions contained in Rules 69A-64.001 through 69A-64.005,
Florida Administrative Code.
9.10 Florida Retirement System Contributions
9.10.1 Florida Law All full-time employees of the County are required to
participate in the Florida Retirement System (FRS). Bargaining unit members are
classified as "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.
9.10.2 Budgeting The County agrees to budget each year for the anticipated
total amount of contributions to be made to the FRS on account of the bargaining unit
members.
9.10.3 No Member Contribution Bargaining unit members shall not be
required or obligated to contribute any sums to the FRS; provided, however, that if in
the future the state law changes in this regard, this provision of the Agreement shall be
automatically amended to conform with the statutory provisions.
9.11. Educational Expense Reimbursement
9.11.1 General The County agrees to reimburse employees for educational
expenses incurred by the employee under the following terms and conditions:
9.11.1.1 Eligibility The employee must have been employed full-time
by the County for at least one year immediately prior to applying for reimbursement,
and the employee must not be in an initial or extended probationary status.
9.11.1.2 Prohibitions The employee shall not utilize any space,
personnel, equipment or supplies provided by the County in the process of fulfilling any of
the requirements of the coursework for which the employee is being reimbursed.
9.11.1.3 New Coursework The coursework must not be duplicative of
any coursework for which the employee has been previously reimbursed by the
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 required by Section 7.1.5.
9.11.2 Administration The application, administration and interpretation of
educational reimbursement benefits, and the amounts to be paid for individual
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 Manual or
of any addenda which is in direct conflict with any provision in this Agreement is
superseded by this Agreement to the extent of such conflict.
9.11.3 Budgeting Educational Reimbursements. The County shall budget a
minimum of $15,000 per fiscal year to be utilized by bargaining unit personnel for
education reimbursement in accordance with the provisions of this 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 exclusively for tuition, fees
and textbooks, and shall be available to all members of the bargaining unit on a first
come, first serve basis. Educational reimbursements shall be charged against the
budget for the fiscal year in which the courses are taken. All requests for
reimbursement must be submitted prior to September 30th in the fiscal year in which
the course is taken.
9.12 Communicable Disease Immunization
9.12.1 Acknowledgment of Risk The County and Union agree that the
bargaining unit members run a high risk of occupational exposure to hepatitis,
meningococcal meningitis, and tuberculosis, and the County should provide such
immunizations and keep records thereof.
9.12.2 Records and Notification The County shall maintain a record of any
known or reasonably suspected exposure of a bargaining unit member to the diseases
described in Section 9.12.6, and the County shall immediately notify the employee of
such exposure.
9.12.3 Member to ReRort Each bargaining unit member who has knowledge
of known or suspected occupational exposure to the diseases described in Section
9.12.6 shall immediately file a report of the incident to the appropriate supervisory
personnel.
9.12.4 Immunization Each bargaining unit member shall be inoculated
against hepatitis upon employment or as may be medically required in order to have
current immunization against hepatitis. The County shall pay for the costs of such
immunization. An employee may refuse immunization but he/she must sign a release
if he/she does not have avail him/herself of the immunization opportunity.
9.12 5 Future Circumstances; Requirements Whenever any standard,
medically recognized vaccine or other form of immunization or prophylaxis exists for
the prevention of a communicable disease recognized in Section 112.181, Florida
Page 37 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
Statutes, the County may require bargaining unit members to undergo the
immunization or prophylaxis; provided, such immunization or prophylaxis is medically
indicated in the given circumstances pursuant to immunization policies established by
the Advisory Committee on Immunization Practices of the United States Public Health
Service and the employee's physician has not determined in writing that the
immunization or prophylaxis would pose a significant risk to the employee's health.
9.12.6 Required Screening For Statutory Presumptions
9.12.6.1 Florida Law Section 112.18 and Section 112.181, Florida
Statutes, provides that, under certain conditions, specified illnesses and injuries shall
be presumed by law to have been accidental and to have been suffered in the line of
duty, provided a medical examination had been previously conducted upon the
employee or the employee has executed a written affidavit as provided in Section
92.50, Florida Statutes.
9.12.6.2 Screenings And Affidavits The County agrees to provide the
medical screenings, as part of the physical and medical examinations provided for in
Section 9.8 of this Agreement.
9.13 Public Records Exem tions
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 Exempt 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.
9.13.3 Protection of Exemption The County agrees that, when any request is
received under the Florida Public Records law to inspect any record maintained by the
County relating to a member of the bargaining unit, the County will take such steps as
are reasonably required to redact, omit, cover up, or otherwise eliminate from the
records to be inspected such information as is listed in Section 9.12.2.
9.14 Workers' Compensation Premiums
9.14.1 Coverage and Benefits All full-time Unit member employees of the
County are participants in the Florida Workers' Compensation program and are entitled
to receive such coverage and benefits as provided by the Florida Workers'
Compensation law.
9.14.2 Budgeting The County agrees to budget each year for the anticipated
total amount of claims and excess insurance premiums to be paid for workers'
compensation coverage of, and payments on behalf of, the bargaining unit members.
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 llooyment Compensation Benefits
9.15.1 Florida Law In general, employees of the County are entitled to the
rights and benefits provided by the Florida Unemployment Compensation law.
9.15.2 Budgeting The County is a "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 Contribution Bargaining unit members shall not be
required or obligated to contribute any sums as contributions towards unemployment
compensation benefits; provided, however, that if in the future the state law changes in
this regard, this provision of the Agreement shall be automatically amended to
conform with the statutory provisions.
9.16 Federal Government Contributions,
9.16.1. FICA and Medicare The County agrees to remit to the federal
government on a timely basis all amounts owed as the employer's portion of FICA and
Medicare contributions attributable to the employment by the County of each Unit
member.
9.16.2 Em Igoyee Withholding, The County agrees to deduct from each Unit
member's salary and wages all amounts owed by the employee to the federal
government for the employee's share of FICA and Medicare contributions, and
withholding and forwarding of federal income tax obligations.
9..17 Savings Bond Deductions The County agrees to provide the opportunity to
Unit members and employees to participate in a Savings Bond program through a
payroll deduction plan. The program shall be administered by the County in
accordance with its standard practices, as may be amended from to time.
9.18 Direct Deuosit Payroll O tion The County agrees to provide a program for
direct deposit of a Union member's and employee's pay into a financial institution of
the Unit member's or employee's choice, consistent with the policies and practices of
the County, as may be amended from time to time.
9.19 Years-of-Service Award Program The County agrees to provide an award
program to recognize employees who have been employed by the County for five years
or more, and this program shall be administered as provided in Section 2-8, 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 County 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, stepbrother, stepsister, 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
payment for funeral leave.
ARTICLE X: MISCELLANEOUS PROVISIONS.
10 Term of Agreement: Effective Date
10.1 Term Upon ratification, the term of this Agreement shall be for a period 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, Bargaining Unit Work Security_ The Employer shall not assign or delegate out
bargaining unit work in any manner whatsoever. In particular, the County agrees that
fire suppression (combat), rescue, fire prevention emergency medical services,
administrative services and other Fire/EMS or Airport Fire/Rescue Department related
services and functions shall not be assigned or delegated out in any manner, to private
or public entities. This article does not apply to fire suppression, rescue or emergency
medical services that are currently provided by volunteer fire companies currently
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
under mutual aid agreements or services needed in the event of catastrophic events
that impacts bargaining units ability to provide staffing for services. This provision
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.
12. Construction This Agreement and the terms hereof shall be construed in
accordance with the laws of the State of Florida and venue for all actions in a court of
competent jurisdiction shall lie in Monroe County, Florida.
13. Severability Should any word, phrase or provision of this Agreement be
declared illegal or invalid by a court of competent jurisdiction, such declaration of
illegality and/or invalidity shall not affect the remainder hereof.
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 Agreement 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. Cautions And ParagraQh Headings. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way
define, describe, extend or limit the scope and intent of this Agreement, nor the intent
of any provision of this Agreement.
16. Exhibits
16.1 Inclusion in Agreement The Exhibits referred to in, and attached to,
this Agreement shall be incorporated into this Agreement and be a part of this
Agreement.
16.2 Additional Exhibits; Amendment of Exhibits The County and Union
agree that one or more additional Exhibits may be added to this Agreement, and that
any Exhibit to this Agreement may be amended, changed, or supplemented from time
to time, provided that such addition, change, amendment, or supplement shall be
accepted and approved by both the Union members and the County consistent with the
procedures for ratification and approval of agreements provided for in Chapter 447,
Florida Statutes, and further provided that only the added, changed, amended, or
supplemented Exhibit need be submitted for ratification and approval.
16.3 Changes to Section 16.4 The list of Exhibits provided in Section 16.4 of
this Agreement shall be amended from time to time by the County to reflect any
additions, supplements, changes, or amendments ratified and adopted from time to
time as provided for in Section 16.2 of this Agreement.
16.4 List of Exhibits. The Exhibits to this Agreement are as follows:
16.4.1 Exhibit A: List of DeRartmental Seniority
16.4.2 Exhibit B: List of Classification Seniority
16.4.3 Exhibit C: Union Certification Documentation
16.4.5 Exhibit D• Reg_ayment Agreement
16.4.4 Exhibit E• Base Salary Chart
Pursuant to Section 447.309(1), Florida Statutes, the above agreement is agreed to by
Page 41 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
and between the bargaining agent and the chief executive officer of Monroe County.
Bargainin Agent
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, 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.
Bargaining 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 3909
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) (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:
DANNY L. KOLHAGE
Clerk of Court
By:
Date:
Page 43 of 45
AGREEMENT BETWEEN
MONROE COUNTY, FLORIDA
AND
PROFESSIONAL FIREFIGHTERS OF MONROE COUNTY,
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS,
LOCAL 3909
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........................................................................I.
ARTICLE 2: 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 TRAINING..................................24
ARTICLE 8: SALARIES AND SUPPLEMENTS ...............................................................26
ARTICLE 9: EMPLOYMENT BENEFITS..........................................................................28
ARTICLE X: MISCELLANEOUS PROVISIONS. .............................................................40
Page 2 of 44
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 One Agreement."
ARTICLE 1: INTRODUCTORY MATTERS.
1.1 Purpose 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 provide 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 Recognition and Certification of Union Management Rights
1.2.1 Union Selection and Request 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 Recognition 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 Certification The Florida Public Employees Relations Commission
("PERC") has reviewed the petition of the Union for certification, has determined the
appropriateness of the unit, and has certified the Union as the exclusive representative
of all employees in the unit. A copy of the certification documentation is attached to
this Agreement as EXHIBIT A.
1.2.4 Unit Determination The unit covered by this Agreement has been
determined to include County employee positions of Emergency Medical Technician
("EMT"), Paramedic, Firefighter/EMT, Firefighter/Paramedic, 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 Exclusive Management Rights Section 447.209, Florida Statutes,
provides the County with the authority to determine unilaterally the purpose of each of
its constituent departments and divisions, set standards of services to be offered to the
public, and exercise control and discretion over its organization and operations. The
County also has the right to direct its employees, take disciplinary action for proper
cause, and relieve employees from duty because of lack of work or for other legitimate
reasons. In matters not covered specifically by language within this Agreement, the
County shall have the right to make decisions in such areas on a unilateral basis, and
such decisions shall not be subject to any grievance procedure, except as to whether a
specific matter is a management right, or as otherwise provided by Florida law. The
below enumerated rights 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
provisions of this Agreement; staffing of equipment and apparatus; amount and types
of equipment; and placement and location of equipment; (4) the right to direct the
members of the unit, including the right to hire, suspend, demote, promote, transfer,
discipline, and discharge any unit member for just cause; (5) the right to temporarily
assign unit members to other duties within the County's fire/rescue operations; (6) the
organizational structure of the fire/rescue operations in the County, including the right
to organize and reorganize in any manner in which the County chooses, including the
size of operations, the determination of job classifications and ranks based upon other
duties assigned; (7) the determination of the safety, health, and property protection
measures for the fire/rescue services; (8) the allocation and assignment of work to unit
members; (9) the determination of policy affecting the selection and training of new
employees and the on-going training, certification, and cross-certification of unit
members; (10) the scheduling of operations; (11) the establishment, amendment,
and enforcement of fire/rescue operations rules, regulations, policies, procedures, and
orders; (12) the transfer of work from one position to another within the unit; (13) the
introduction of new, improved, or different methods and techniques of operations or a
change in existing methods or techniques; (14) the placing of secondary services
temporarily; maintenance; or other work with outside contractors or other agencies of
the county, any municipality within the county, or state or federal agencies; (15) the
determination of the number of ranks and number of personnel within the unit; (16)
the determination of the quantity and amount of supervision to be provided to unit
members; (17) the transfer of any unit member from one area, shift, work schedule, or
facility to another; and (18) the right to direct any person not covered by this
Agreement to perform any task or assignment.
Page 2 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
1.2.6 Notice of Exercise of Management 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-emergency
situations, provide written notification to the Union President either by U.S. Postal
Service Mail, certified or return receipt requested; in person by hand-delivery; or by
electronic mail with confirmation of receipt as may be provided by the electronic mail
software application. Non-emergency written notification shall be given at least twenty
(20) days prior to the effective date of the management right to be exercised as
identified in the notification. In emergency situations, notice shall be given as soon as
practicable and in such form as may be reasonable under the circumstances.
1.2.7 Non-Waiver, Non-Exclusivity The provision of any notice pursuant to
Sections 1.2.5 and Section 1.2.6 shall not be deemed to be a waiver of any rights or
prerogatives of the County to which the County is entitled pursuant to federal, state,
and local statutes, laws, ordinances, regulations, rules, or case law. Should the
County fail to exercise any of its lawful rights from time to time, such failure shall not
be, nor shall such failure be deemed to be, a waiver to exercise such right or rights in
the future, and it is specifically agreed by the Union and the County that any right or
function of the County not specifically relinquished or altered by this Agreement is
reserved to the County. Further, the Union and County agree that the rights,
responsibilities, and prerogatives inherent in, or legally provided to, the County and the
County Administrator cannot be subject to any grievance or arbitration proceedings
except as may be specifically provided for in this Agreement.
1.3 Non-Discrimination
1.3.1 Non-Discrimination Agreement The County and Union agree that both
oppose discrimination or retaliation on account of, and neither shall discriminate nor
retaliate against any employee or Union member on account of, race, color, creed,
gender, national origin, marital status, gender orientation, sexual preference, age,
religion, union activity, handicap or disability except as may be permitted or allowed as
a bona fide occupational qualification under federal or state law.
1.3.2 Discrimination/Retaliation Not Grievable While the County and
Union agree that unlawful discrimination and unlawful retaliation have no place in the
County's workforce, federal and state laws provide specialized protections, procedures
and remedies for such misconduct. Therefore, claims that the County or the Union
engaged in unlawful discrimination or unlawful retaliation shall exclusively be processed
through the statutory, administrative and judicial procedures that exist to entertain and
resolve such claims. Therefore, any such claim(s) is not subject to the
grievance/arbitration procedure of this Agreement.
1.3.3 Investigation of Complaint of Discrimination The County and Union
agree that any allegation of discrimination against the County or the Union that is
received by the County shall be investigated and resolved in accordance with the
County's internal administrative procedures and the County shall additionally have the
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 any appropriate state or federal
agency as the County may deem appropriate.
1.4 No Strike. No Lockout
1.4.1 Injunctive Relief The County and Union agree that the County is
responsible for and engaged in activities which are the basis for the health and
welfare of the general public and any violation of this section 1.4 could give rise to
irreparable damage to the County and the public at large. Accordingly, the Union
agrees that in the event any violation of this section 1.4 should occur or be apparently
imminent, the County shall be entitled to seek immediate injunctive relief in a court of
competent jurisdiction without notice to the Union.
1.4.2 No Strikes The Union agrees that there shall be no strikes as that term
is defined in Florida Statutes, and that there shall be no work stoppage, work
slowdowns, boycotts, picket lines or picketing in support of a work stoppage or work
slowdown, nor will there be a concerted failure or refusal to perform work assigned by
the County or appropriate superior employees or individuals designated by the County.
The County shall have the right to pursue any and all legal and equitable remedies in
the event of a strike.
1.4.3 No SuR oR, rt By Union The Union agrees that it shall not support,
condone, encourage, authorize, sanction, or ratify any violation of sub-section 1.4.2
above. The County agrees that the Union shall not be held liable for any violation of
section 1.4 if it is reasonably shown that neither the Union nor any Union officer
supported, condoned, encouraged, authorized, sanctioned, or ratified such action. In
the event any Union officer becomes aware of any activity, whether verbal or physical,
which is intended or may be reasonably be construed to be instigating a strike, work
stoppage, work slowdown, boycott, picketing, or other activity in violation of this
Agreement, that officer shall immediately attempt to discourage such activity and shall
immediately notify the appropriate managerial authority of such action.
1.4.4 No Lockout The County agrees that it shall not authorize, promote,
condone, institute, or engage in any lockout of Union members.
ARTICLE 2: DEFINITIONS
For the purpose of this Agreement, the following terms shall have the
meanings as set forth, unless the context specifically provides otherwise:
2.1 Administrative Proceeding- for purposes of disciplinary proceedings, means any
non-judicial hearing which may result in the recommendation, approval, or order of
disciplinary 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 Advanced life suRRort 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 Advanced life suRport service means any emergency medical transport or non-
transport service which uses advanced life support techniques.
2.4 Air Ambulance means any fixed-wing or rotary-wing aircraft used for, or
intended to be used for, air transportation of sick or injured persons requiring or likely
to require medical attention during transport.
2.5 Ambulance means any privately or publicly owned land or water vehicle that is
designed, constructed, reconstructed, maintained, equipped, or operated for, and is
used for, or intended to be used for, land or water transportation of sick or injured
persons requiring or likely to require medical attention during transport. The term also
includes "emergency medical services vehicle."
2.6 ARFF means Airport Rescue Firefighter.
2.7 Basic life support means treatment of medical emergencies by a qualified
person through the use of techniques such as patient assessment, 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 suRport service means any emergency medical service which uses
only basic life support techniques.
2.9 Bargaining ni or Unit means the employees represented by the Professional
Firefighters of Monroe County, International Association of Firefighters, Local 3909.
2.10 Bumping Rights means the right of an employee covered by this Agreement to
displace an employee of lower seniority, covered by this Agreement, from a position
covered by this Agreement, but only in accordance with the terms and conditions of
this Agreement.
2.11 Chief executive officer as generally defined in Section 447.203, Florida
Statutes, shall mean the County Administrator.
2.12 Classification seniority, shall mean the length of time of full-time employment
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 3909
within a particular job classification, as measured from the date of regular hire status
to the classification or date of permanent promotion to the classification.
2.13 Continuous service as required for advancement within salary ranges and for
other purposes specified under this Agreement, means employment by 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.
2.14 County, means the political entity known as Monroe County, and includes the
Board of County Commissioners, the County Fire Chief, the County Administrator, and
employees and agents of Monroe County. County also means the geographical area of
the State of Florida encompassed within the boundaries set forth in Section 7.44,
Florida Statutes.
2.15 Court means any county court or state circuit court in Florida and any federal
court in Florida having subpoena powers and exercising such power upon a unit
member as a result of action or involvement in, or observance of, a situation while in
the member's capacity as a county employee.
2.16 Deuartment seniority shall mean the length of time of full-time regular
employment with the County, calculated from the last hire date.
2.17 Emergency means a circumstance requiring immediate action; a sudden,
unexpected happening; an unforeseen occurrence or condition.
2.18 Emergency Medical Services means the activities or services to prevent or
treat a sudden critical illness or injury and to provide emergency medical care and pre-
hospital emergency medical transportation to sick, injured, or otherwise incapacitated
persons.
2.19 Emergency medical services vehicle means an ambulance.
2.20 Emergency medical technician means a person who is certified by the Florida
Department of Health to perform basic life support and is authorized by the medical
director to act in such capacity.
2.21. Em IR_oyee means a member of the bargaining unit, unless the context
specifically requires a different meaning.
2.22 Em IRlooyee organization means Professional Firefighters of Monroe County,
Local 3909, International Association of Firefighters.
2.23 Employer means Monroe County, Florida.
2.24 Fire ARuaratus also referred to as Engine Apparatus or Engine 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 Firefighter 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.
2.26 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 County Fire Rescue emergency medical system and who is in fact acting in
that capacity. Flight nurses are employed either as full-time employees or
employees paid on an hourly basis as defined in the Monroe County Personnel
Policies and Procedures Manual Flight nurses who are paid on an hourly basis are
not entitled to any employment benefits including but not limited to those
enumerated in Article 9 of this Agreement
2.27 Florida Firefighters OccuRational Safety and Health Act or FFOSHA
means the provisions of Sections 633.801 through 633.821, Florida Statutes.
2.28 Formal Investigation means the process of investigation ordered by
supervisory personnel, after the supervisory personnel have previously determined that
the firefighter shall be reprimanded, suspended, or removed, during which the
questioning of the firefighter is conducted for the purpose of gathering evidence of
misconduct.
2.29 Grievance means a complaint, dispute, or controversy in which it is claimed that
the Union, the County, or a County employee has failed in an obligation under this
Agreement, which involves the meaning, interpretation, or application of this
Agreement, and where the grievant, the Union or the County believes that rules have
been misapplied or violated.
2.30 Holiday means a day, beginning at 12:01 A.M. and ending twenty-four (24)
hours later, which the County has recognized in its' ordinances, resolutions, policies
and procedures as a day on which most county offices are usually closed. The County
recognizes the following days to be holidays: New Year's Day, Presidents Day, Martin
Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Labor Day,
Columbus Day, Veterans Day, Thanksgiving Day, Thanksgiving Friday, Christmas Day.
2.31 Informal Inquiry means a meeting by supervisory or management personnel
with a firefighter about whom an allegation of misconduct has come to the attention of
such supervisory or management personnel, the purpose of which meeting is to
mediate a complaint or discuss the facts to determine whether a formal investigation
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 3909
should be commenced.
2.32 Interrogation 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 Truck ARRaratus or Ladder Truck means any fire apparatus equipped
with a power operated ladder, tower, platform, or articulating device whose primary
purpose is to provide firefighters with access to levels of height beyond the reach of
manually-raised ladders.
2.34 Legislative body as generally defined in Section 447.203, Florida Statutes,
means the Board of County Commissioners of Monroe County.
2.35 Membership dues deduction means the amount established by the Union to
be paid on a monthly basis by Union members as and for the privilege of belonging to
the Union, and which amount has been agreed by the Union member to be deducted
by the County from the Union member's salary and wages and paid by the County
directly to the Union. Such deductions shall not include initiation fees, special
assessments, or other charges which may be imposed from time to time by the Union.
2.36 Mutual aid agreement means a written agreement between two or more
entities whereby the signing parties agree to lend aid to one another under conditions
specified in the agreement and as sanctioned by the County.
2.37 Paramedic 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.
2.39 PERC means the Florida Public Employees Relations Commission.
2.40 Picketing means attendance by one or more Union members outside of a
County facility or worksite during, and in support of, (1) a strike, work stoppage or
work slowdown, or (2) in connection with a concerted failure or refusal to perform work
lawfully assigned to Union members, when such attendance is designed, intended, or
has the effect of harassing, coercing, or intimidating any County employee to refuse to
perform lawfully assigned duties or to take a course of action in violation of this
Agreement or any federal, state, or local law.
2.41 Pum er also referred to as Engine, means a piece of fire apparatus with a
permanently mounted fire pump that has a rated discharge capacity of 750 gpm (2850
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 Rescue Apparatus or Rescue Vehicle means any vehicle whose primary
function is to carry equipment and manpower designed to facilitate the rescue of
trapped or endangered persons from unusual circumstances, including automobile
accidents, cave-ins, fires, building collapses, and other serious bodily injury or life-
threatening situations.
2.43 Shift means a period commencing at 8:00 A.M. and ending twenty-four hours
later at 8:00 A. M.
2.44 Strike shall have the same definition as that contained in Section 447.203,
Florida Statutes.
2.45 SuRplemental Compensation means the compensation to be paid to
firefighters pursuant to the provisions of Section 633.382, Florida Statutes.
2.46 Tem orariily 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 Vacancy, means an open position resulting from the creation of a new position,
voluntary or involuntary termination, retirement, death, promotion, or demotion. A
vacancy is not created as a result of a reduction in force, temporary assignment or
transfer, or temporary appointment.
2.48 Volunteer, means a person who, of his or her own free will, provides goods or
services to Monroe County government without receiving monetary or material
compensation from Monroe County. The recruitment and use of volunteers will be
generally pursuant to the provisions of Sections 125.9501 through 125.9506, Florida
Statutes.
2.49 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 Cycle means the 27-day period used for purposes of calculating and
crediting or paying overtime in accordance with the general principles of the Fair Labor
Standards Act.
2.52 Workweek means, for salary purposes, seven consecutive days, commencing
on Sunday at 12:01 A.M. and ending the following Saturday at 12:00 Midnight.
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 AND RESPONSIBILITIES
3.1. Dues and Uniform Assessments Section 447.303, Florida Statutes, gives the
right to the Union to have its dues and uniform assessments deducted and collected by
the County from the salaries of those employees who authorize the deduction of said
dues and assessments. There are no uniform assessments covered under this
contract.
3.1.1 Dues and Assessment Deductions The County agrees to deduct from
the each unit member's bi-weekly salary the dues and uniform assessments for which
(1) the amounts have been certified in writing to be 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
or her authorization to deduct union dues and assessments from his or her salary by
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 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 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 County Not Involved in Collection of Fines: Penalties or Special
Assessments The County, as a public employer, is expressly prohibited by Section
447.303, Florida Statutes, from being involved in the collection of any fine, penalty or
special assessment charged against a unit member.
3.1.4 Remittance 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 geographical limits of
Monroe County and with an institution with which the County has a 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.
3.1.6 Current Unit Member 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 Union to Indemnify and Hold Counix Harmless 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 Rights of Members and Non-Members
3.2.1 No County Discrimination.,
iscrimination The Union and County agree that any
employee is free to join and assist the Union without fear of retaliation of any kind. No
County officer, employee, representative, or agent shall interfere with, restrain, coerce
or intimidate an employee in the exercise of the employee's right to join or refrain from
joining the Union. No County officer or supervisor shall discriminate against any
employee with regard to employment, or the terms and conditions of employment
(including but not limited to promotions) because the employee has formed, joined, or
chosen to be represented by the Union or because the employee has given testimony
or taken part in any grievance procedure or other hearing, negotiation or any other
form of legal activity on behalf of the Union.
3.2.2 No Union Interference. The Union and County agree that all employees
shall have the same right to refrain from membership in the Union. The Union agrees
that it will not interfere with, coerce, or intimidate any employee into joining the Union
and that every employee has the right to choose of his or her own free will whether he
or she will or will not join the Union. The Union further agrees that there will be no
interference with the free right of any employee or member of the public to enter and
leave work sites and property of the County unmolested, unthreatened, and
un-intimidated.
3.2.3 Claims of Discrimination or Interference Any claim of discrimination
or interference in violation of Section 3.2.1 or 3.2.2 shall be asserted exclusively
through the Florida Public Employees Relations Commission, or through the
grievance-arbitration procedures of this Agreement.
3.3 Union Business
3.3.1 Union Business Meetings Employees elected or appointed to
represent the Union shall be allowed to use County facilities to conduct regular and
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 at
times and locations which will not unduly interfere with the County's fire/rescue
operations or result in a violation of the minimum staffing requirements of any
fire/rescue facility. Attendance at the meetings by the Union representatives who are
on duty shall be at no loss of pay for the Union representative during the actual time of
attendance and for travel time to and from the meeting. The time spent by all on-duty
Union members traveling to, from, and attending Union business meetings shall be
deducted from the Union pool hours provided for in Section 3.5.
3.3.2 Union Representative for Grievance Any unit member desiring to file a
grievance pursuant to this Agreement, shall have the right to meet with one (1) Union
representative to discuss the member's potential grievance. The County agrees to
permit the member and the Union representative to meet briefly during work hours
concerning a potential grievance, provided the member and Union representative have
the permission of his/her immediate supervisor, and further provided that the meeting
does not disrupt or interfere with current fire/rescue operations or result in less than
minimum staffing. The Union agrees that this privilege shall not be utilized to prepare
formal grievances during work hours but is to be used to simply and briefly consult with
the member and/or a supervisor in order to avoid the necessity of processing a formal
grievance or to consult with the member to set an appointment for after working hours
to prepare a legitimate grievance.
3 3 3 National and State Assorwiation Meetings
3.3.3.1 National Meetings The County agrees that members of the
bargaining unit shall be allowed to attend one nationally recognized professional
association related to the fire/rescue services professions during the County's fiscal
year. The time spent by a unit member away from the member's regularly scheduled
duties while traveling to, from, and attending such meetings shall be deducted from the
Union pool hours provided for in Section 3.5.
3.3.3.2 State Meetings The County agrees that members of the
bargaining unit shall be allowed to attend one Florida state recognized professional
association related to the fire/rescue services professions during the County's fiscal
year. The representatives shall be entitled to reimbursement for travel, meals, and
lodging in accordance with County policies and procedures. The time spent by a unit
member away from the member's regularly scheduled duties while traveling to, from,
and attending such meetings shall be deducted from the Union pool hours provided for
in Section 3.5.
3.4 Collective Bargaining Leave For Union Negotiating Team The County and
Union agree that the Union Negotiating Team shall consist of three (3) members
("regular negotiating team"), selected by the Union. The Union may designate up to
three (3) additional members ("additional negotiating team") to provide representation
during negotiations, but such additional 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 by a regular
negotiating team unit member away from the member's regularly scheduled duties
while traveling to, from, and attending such negotiations shall be deducted from the
Union pool hours provided for in Section 3.5.
3.5 Union Pool Hours
3.5.1 Allocation of Hours In each fiscal year covered by this Agreement, the
County shall allocate a number of hours to be used by unit members to attend national
and state association meetings, collective bargaining sessions, and other Union-related
activities. A total of one hundred twenty (120) hours is allocated by the County for use
during each fiscal year of this Agreement.
3.5.2 Use and Forfeiture 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 per
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 the 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 union pool hours shall not be
considered to have suffered an in the line of duty injury for purposes either of Florida
Retirement System or workers' compensation. For hours allocated pursuant to Section
3.5.1, above, only actual hours approved by the County Fire Chief for use prior to
September 30th of a fiscal year shall be counted against the allocated hours for that
fiscal year. Hours allocated pursuant to Section 3.5.1, above, not approved and used
shall be forfeited and not carried forward for use in any subsequent fiscal year. Hours
contributed by union members shall not be forfeited and shall be carried over.
3.5.3 Request For Use of Union Pool Hours Request for use of Union pool
hours shall be submitted in writing on a form to be provided by the County. The unit
member requesting to use Union pool hours shall obtain written approval from the
Union president, vice-president, or secretary prior to submitting the request to the
County Fire Chief. Such approval shall be indicated on the request form. One form
shall be submitted for each unit member for each pay period in which Union pool hours
are to be used.
3.5.4 Submitting 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) 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 question
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 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 Responsibility of County Fire Chief The County Fire Chief shall be
responsible for tracking and monitoring availability and use of Union pool hours, and for
final approval of 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 Names of Union Representatives 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.
3.7 Bulletin Boards The Union shall have the right to install and maintain at the
Union's cost a bulletin board at each County facility to which Union members are
assigned to perform services. The size, composition, and location of the bulletin
boards shall be mutually agreed to by the Union and the County. Posted materials
shall be subject to review and approval by the County Fire Chief; shall contain on its
face the legible name of the person responsible for placing the material on the bulletin
board; shall not contain anything of a derogatory or adverse nature concerning the
County or its employees or agents, or contain anything which is in violation of this
Agreement; and all materials shall be dated and bear the signature of the Union
president or his or her designated representative. Materials placed on a bulletin board
in violation of this section shall subject the employee to disciplinary proceedings.
3.8 Printing and Distribution of Agreement The County will, at no cost to the
Union, print one copy of this Agreement for distribution to each facility at which
employees covered by this Agreement are assigned for duty; one original copy to the
Union; and one copy to each library facility in Monroe County.
ARTICLE 4: DISCIPLINE AND DISCIPLINARY PROCEDURES
4.1 Disci linary Standard The County and Union agree that no employee who has
attained career status with the County shall be discharged, demoted, or otherwise
disciplined in a manner which would result in a loss of pay, except for just cause.
4.2 Probationary Period All new and newly-promoted employees shall serve a
probationary period. The probationary period shall be considered the last step in the
selection or promotion process, and the purpose of the probationary period is to allow
management to observe and appraise the conduct, performance, attitude, adaptability
and job knowledge of the employee and to assist the County in determining the
qualifications of the employee for the position to which the employee has been
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 Rejection of Probationary Em looyee 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 Prouosed Disciuline and Pre-Determination Hearing Any proposed discipline
of a non-probationary employee subject to this Agreement which would result in a
suspension without pay, termination of employment, demotion, or a reduction in base
salary, shall require a pre-determination hearing. The pre-determination hearing shall
be held and conducted in accordance with the provisions of the Monroe County
Policies And Procedures, Section 9.11, provided such procedures are consistent with
the following provisions:
4.5.1 Procedure Whenever a firefighter is subjected to an interrogation, such
interrogation shall be conducted as follows.
4.5:1.1 Location The interrogation shall take place at the facility where
the investigating officer is assigned, or at the facility which has jurisdiction over the
place where the incident under investigation allegedly occurred, as designated by the
investigating officer.
4.5.1.2 Written Notice No firefighter shall be subjected to interrogation
without first receiving written notice of sufficient detail of the investigation in order to
reasonably apprise the firefighter of the nature of the investigation. The firefighter shall
be informed beforehand of the names of all complainants.
4.5.1.3 Time All interrogations shall be conducted at a reasonable
time of day, preferably when the firefighter is on duty, unless the importance of
the interrogation or investigation is of such a nature that immediate action is
required.
Page 15 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
4.5.1.4 Persons Present The firefighter under investigation shall be
informed of the name, rank, and unit or command of the officer in charge of the
investigation, the interrogators, and all persons present during any interrogation.
4.5.1.5 Sessions Interrogation sessions shall be of reasonable
duration and the firefighter shall be permitted reasonable periods for rest and
personal necessities.
4.5.1.6 Conduct The firefighter being interrogated shall not be
subjected to offensive language or offered any incentive as an inducement to
answer any questions.
4.5.1.7 Record A complete record of any interrogation shall be
made, and if a transcript of such interrogation is made, the firefighter under
investigation shall be entitled to a copy without charge. Such record may be
electronically recorded.
4.5.1.8 Representation An employee or officer of the County may
represent the County, and the Union may represent any member of the bargaining
unit desiring such representation in any proceeding in which an interrogation is to
take place. The presence of a representative of the Union during interrogations
shall be permitted if the bargaining unit member to be interrogated so requests.
4.5.2 Application The procedures in 4.5.1 shall be applicable only to a
formal investigation of a bargaining unit member and shall not apply to an
informal inquiry involving the member.
4.6 Emergency Suspension or Transfer In a situation where the County
Administrator or his or her designee reasonably determines that an emergency
exists which could be harmful to the health, safety, or welfare of any person, and
that an employee should be temporarily suspended from duty not to exceed a
thirty (30) day term or transferred to another duty assignment pending
scheduling a pre-determination hearing, the County Administrator or his or her
designee shall immediately notify the Union president and the employee of such
determination, and shall immediately document that determination in writing to
the employee and provide the Union president with a copy.
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
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 this
Agreement involving questions of the interpretation or application of any provision of
this Agreement shall be processed through the grievance-arbitration procedure of this
Agreement, except that claims of unlawful discrimination or retaliation shall not be
processed through this grievance-arbitration procedure. In addition, the Union, on
behalf of bargaining unit members, expressly waives the right of any bargaining unit
member to utilize the procedures of the Career Service Council Act concerning any
matter covered by this Agreement, including but not limited to claims of improper
disciplinary actions and adverse actions such as transfers, demotions, suspensions or
terminations. Bargaining unit members must submit any such disputes to the
grievance-arbitration procedure herein, with the exception of claims of unlawful
discrimination or unlawful retaliation, which must be submitted through procedures
established by laws prohibiting discrimination or retaliation in employment.
5.2 Exclusive Proceeding A grievant initiating and utilizing the procedures set forth in
this Article is precluded by law from availing himself or herself of any procedures or
remedies provided through any unfair labor procedure or the County's career service
law.
5.3 Initiation of Grievance All grievances 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 the dates, times,
locations, names of witnesses, and other information appropriate to the grievance; (ii)
the section or sections of this Agreement claimed by the grievant to have been
violated; and (iii) the remedy or corrective action requested by the grievant. If a
grievance form has been adopted by the County, that form shall be utilized in
initiating and submitting a grievance.
5.4 Grievance Steams 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 Step One Within fifteen (15) calendar days of the incident being
grieved, the Union or the affected employee may, in the presence of a Union
representative, submit a grievance in writing through the Union to the employee's
immediate supervisor.
5.4.1.1 Immediate Supervisor, The original copy of the completed
form shall be delivered to the employee's immediate supervisor, and a copy shall be
delivered to the Union representative. The immediate supervisor shall attempt to
resolve the grievance at that time by attempting to fully discuss the matter with the
employee in a fair and equitable manner and in accordance with the established policy
of the County. The immediate supervisor's decision shall be rendered in writing within
seven (7) work days of receipt of the grievance.
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 Agreed Resolution. 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, signed form
shall be submitted to the Human Resources Director for placement with the employees
employment records. No further action on the part of the County shall be required.
5.4.1.3 No Resolution. If the employee 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 immediately 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 days of the decision of the
immediate supervisor.
5.4.2 Step Two The Fire Chief or authorized agent shall make such inquiry
concerning the grievance as he or she shall deem appropriate, and shall render a
written decision within seven (7) work days of receipt of the immediate supervisor's
decision.
5.4.2.1 Agreed Resolution If the employee or the Union agrees with
the decision of the Fire Chief or Fire Chiefs authorized agent, he or she or the Union
shall sign the Grievance Form acknowledging his or her agreement, and the original,
signed form shall be submitted to the Human Resources Director for placement with
the employee's employment records. No further action on the part of the County shall
be required.
5.4.2.2 No Resolution 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 his or her disagreement, and
immediately notify the Union in writing. The original, signed form shall be 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 Step Three The County Administrator or his or her authorized agent
shall make such inquiry concerning the grievance as he or she shall deem appropriate,
and shall render a written decision within ten (10) work days of receipt of the Fire
Chiefs, or Fire Chiefs authorized agent's, decision.
5.4.3.1 Agreed Resolution If the employee or the Union agrees with
the decision of the County Administrator, he or she or the Union shall sign the
Grievance Form acknowledging his or her agreement, and the original, signed form
shall be submitted to the Human Resources Director for placement with the employee's
employment records. No further action on the part of the County shall be required.
5.4.3.2 No Resolution If the employee or the Union does not 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.
5.5 Immediate Dispute Resolution If a dispute involves the interpretation or
application of this Agreement that has an imminent, substantial effect on the Union
itself or upon five (5) or more Union members, either the County or the Union may
request waiver of Step 1 and Step 2 in the grievance procedure, whereupon both the
County and Union will proceed to immediate discussions at Step 3. Such discussions
shall commence within twenty-four (24) hours, during a work week, after notification to
the other party and shall continue for not more than seven (7) work days. If the
dispute is not resolved during this time frame, the Union may initiate proceedings with
the Federal Mediation and Conciliation Services (FMCS) as provided in Section 5.11 of
this Article.
5.6 Extension of Time At any stage during the grievance process, the County and
the Union may mutually agree to extend the time limits specified in the grievance
procedure. In computing time limits under this Article, Saturdays, Sundays, and
Holidays shall not be counted. For purposes of this Article, the Term "working days" or
"work day" is defined as Monday through Friday, and each day thereof.
5.7 Timeliness Unless otherwise mutually agreed to in writing by the County and the
Union, a grievance not advanced to the next step in the grievance procedure shall be
deemed to have been permanently withdrawn and as having been settled on the basis
of the decision most recently given. Failure of the County's representative to answer
within the time limit set forth in any step of the procedure, unless an extension of time
has been mutually agreed to in writing by the Union and the County, will entitle the
grievant to proceed to the next step. Delivery of notices under this Article must be by
personal service, facsimile, electronic mail, or third party delivery service, i.e., UPS or
Fed Ex. The onus is on the sender to prove that the document was delivered within
the time deadlines set forth in this Agreement.
5.8 Consolidation of Grievances Either the County or the Union may consolidate at
any step grievances on similar issues or disputes.
5.9 Em21o_yee's Representative The County and Union agree that nothing in this
Agreement shall be construed to prevent any public employee from presenting, at any
time, his or her own grievance in person to the County and having such grievance
resolved without the intervention of the Union, provided that the resolution is not
inconsistent with the provisions of this Agreement. The Union will be given reasonable
opportunity to have a representative present, for observation purposes only, at any
meeting called for the resolution of the grievance. No grievant shall have the right to
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 Grievance Not To Be Heard Outside Of Procedures Other 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
employee's right to freedom of speech as such right is defined or interpreted by the
federal or Florida constitution or federal or state law.
5.11 Federal Mediation and Conciliation Service Arbitration (FMCS,
5.11.1 Intent To Proceed The determination to proceed under this Section
shall be only by the Union or the County. Within seven (7) working days after the
decision by the County Administrator or his designee as provided for in Section 5.4.3.2,
or pursuant to Section 5.5, either the County or the Union shall announce its intention
to proceed to arbitration by providing the other party with a copy of the FMCS Form
requesting appointment of arbitrators.
5.11.2 Selection of Arbitrator Selection of an arbitrator will take place
according to the rules and procedures of the Federal Mediation and Conciliation
Service. As promptly as possible after the arbitrator has been selected, the arbitrator
shall conduct a hearing between the parties and consider the subject matter of the
grievance. The arbitrator will be requested to serve his decision upon the County and
the Union within 30 days of the close of the hearing.
5 11 3 Payment of Expenses The expenses of the arbitrator shall be paid by
the party losing the award. If a grievance presents more than one (1) issue, or if the
arbitrator splits an award between the parties, the arbitrator in the award shall decide
the division of the arbitrator's fee.
5.11.4 Partv's Costs Each party shall be exclusively responsible for
compensating its own representative(s) and witnesses. If a court reporter or verbatim
record of the proceeding is desired, and the County and the Union do not otherwise
agree in writing, the expenses of the reporter and the cost of the transcript shall be
paid by the party requesting such reporter or transcript.
5.11.5 Limitation on Arbitrator The power and authority of the arbitrator
shall be strictly limited to determination and interpretation of the express terms of this
Agreement, and the arbitrator shall not have the power to add to, subtract from,
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.
5.11.6 Limitation on Back Wages 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 SENIORITY,, LAYOFFS, L.
6.1 Seniority 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.
6.2 Seniority 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 any
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.
6.3 The list for departmental seniority attached hereto as EXHIBIT B and
classification seniority attached here to as EXHIBIT C shall be the master
seniority list for Monroe County Fire Rescue. As additional employees are hired, or
as current employees sever employment, or promotions are made, the master
seniority lists shall be amended to reflect the same and modified to reflect changes
in the order of seniority among employees.
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 Seniority An employee shall lose his or her status as an employee and
his or her classification seniority, rank, and department seniority if:
6.4.1 Resigns or Quits The employee resigns or quits.
6.4.2 Discharged The employee is discharged for just cause.
6.4.3 Retirement The employee retires and ceases to perform any services for
the County. Enrolling into the Florida Deferred Retirement Option Plan (DROP) shall
not be considered a retirement.
6.4.4 Lay Off The employee has been laid off for a period of time equal to his
or her department seniority at the time of the employee's layoff, or one (1) year,
whichever is the lesser period of time.
6.5 Layoffs
6.5.1 Order of Layoffs At such time or times as the County may determine it
is necessary to reduce the work force of the employees represented by the Union, the
layoff of employees shall occur in the following order and in accordance with
department seniority:
6.5.1.1 First Level Temporary, part-time, trainee, and seasonal
employees shall be the first level of staffing to be laid off.
6.5.1.2 Second Level Probationary hires and non-permanent full-time
employees shall be the second level of staffing to be laid off.
6.5.1.3 Third Level Full-time permanent employees shall be the third
level of staffing to be laid off.
6.5.2 Permanent EmRloyee Layoffs
6.5.2.1 Basis. Permanent employees shall be laid off on the basis of their
seniority classification within the classification or rank.
6.5.2 2 Management Right Classifications or ranks to be reduced in
number of employees through layoffs shall be determined by the County in the
exercise of its management rights.
6.5.3 "BumRing" Rights
6.5.3.1 Within Department Employees who are represented by the
Union and who are properly laid off shall not have bumping rights to any other
department or division of the County.
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 Positions Exclusive Employees who are laid off from
any other department or division of the County shall not have bumping rights to any
position represented by the Union.
6.5.3.3 Ranking Order 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 Ring Down When an employee above the rank or
classification of Airport Rescue Firefighter is notified he or she is to be laid off, he or
she shall have the right to bump down to the next lower rank. If the employee elects
to bump down, the least senior employee in seniority classification in the next lowest
rank shall either be laid off or have the right to bump down, and this procedure shall be
followed on down until the least senior employee in seniority classification has been
reached, and this person shall be laid off.
6.5.4 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.
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.
6.5.6 Rehire When rehire occurs, the County shall refill the job within each
classification or rank with the qualified individual who is next on the recall seniority list.
Should no qualified individual on the rehire list accept the rehire offer, the County shall
be free to hire any qualified individual in accordance with County hiring policies. Rehire
notices shall be sent by certified mail, return receipt request, to the listed employee,
allowing seven (7) calendar days after receipt for acceptance or rejection of the rehire
offer.
6.5.7 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 position
required by the State of Florida is in full force and effect. Individuals who are rehired
after six months of layoff shall be required to successfully pass a position-related
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 Florida certification
requirements.
ARTICLE 7: CERTIFICATION, STANDARDS, AND TRAINING
7.1 Firefighters The County's goal is to employ individuals to perform firefighting
duties who possess a current, valid minimum standards certificate of compliance issued
to that individual in accordance with the provisions of Section 633.34 and Section
633.35, Florida Statutes, and applicable provisions of the Florida Administrative Code.
7.1.1 Firefighter Trainees The County may, on a case by case basis,
temporarily employ an individual to perform firefighting duties who does not possess
the minimum standards certificate of compliance. Such individual shall be classified as a
"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 Trainee Employment A trainee shall be employed for a period not to
exceed one L11 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 Employment The employment of a trainee who fail%s to
receive the minimum standards certificate of compliance shall not be continued beyond
the one-year period.
7.1.4 Repayment Agreement Individuals for whom the County provides the
opportunity to attend a minimum standards firefighting academy at the County's
expense shall be required to enter into a repayment agreement. The terms and
conditions of the repayment agreement shall be substantially in the form attached to
this Agreement as EXHIBIT D.
7.1.5 Continuing Certification Training 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 Emergency Medical Technician (EMT) Certification. 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 provide
those training hours, both on-duty and off-duty, that are sufficient to maintain EMT
Page 24 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
skills certification as minimally required by the State of Florida and Monroe County.
7.3 Paramedics The County's ultimate goal is to provide professional fire rescue
services through the employment of firefighters who are also certified by the State of
Florida as a paramedic pursuant to the provisions of Chapter 401, Florida Statutes, and
applicable Florida Administrative Code rules.
7.3.1 Paramedic Trainees The County may, on a case by case basis,
temporarily employ a firefighter who does not possess certification 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 as a Firefighter/EMT.
7.3.2 Trainee Employment A trainee shall be employed for a period not to
exceed eighteen (18) months unless, within that time period, the trainee attains
certification by the State of Florida as a paramedic, is cleared to act as a paramedic by
the medical director, and is operating as a paramedic. During trainee employment, the
County may, but is not obligated to, provide the opportunity for the trainee to attend
Paramedic training, which may or may not be at the County's expense. Upon obtaining
certification by the State of Florida as a Paramedic and being cleared by 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. By way of illustration, if
an employee is a Step 4 EMT prior to promoting into the position of paramedic, that
person will then be paid as a Step 4 paramedic once meeting the definition of
paramedic. There shall not, however, be any retroactive pay as a result of being
slotted as a paramedic.
7.3.3 Termination of Em llooyment 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 Repayment Agreement Individuals for whom the County provides the
opportunity obtain certification as a Paramedic at the County's expense shall be
required to enter into a repayment agreement. The terms and conditions of the
repayment agreement shall be substantially in the form attached to this Agreement as
EXHIBIT D.
7.3.5 Continuing Certification Training The County shall provide those
training hours, both on-duty and off-duty, that are sufficient to maintain those
paramedic and firefighting skills as minimally required by the State of Florida and
Monroe County.
7.4 Initial Paramedic Certification For Firefighter/EMT Emuloyees
7.4.1 Eligibility At the discretion of the County, 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 Scheduling and AR roval, The Unit member, the Union, and the County
Fire Chief shall jointly discuss and agree in writing concerning the timing, conditions of
attendance, and location of training to achieve Paramedic certification. One condition
shall include a Repayment Agreement in substantially the form contained in EXHIBIT
D. The certification training shall be at the expense of the County.
ARTICLE 8: SALARIES AND SUPPLEMENTS
8.1 Base Salary There shall be no wage adjustments during the period covered by
this Agreement.
8.2 State Mandated Educational Supplement In accordance with the provisions of
Section 633.382, Florida Statutes, and in accordance with the provisions of Rules
69A-37.082 through 69A-37.089, Florida Administrative Code, the County shall be
responsible for, and shall pay, to eligible employees the following amounts:
8.2.1 Associate Degree For employees holding an associate degree, the sum
of $50.00 per month, not to exceed a total of $600.00 per calendar year.
8.2.2 Bachelor Degree For employees holding a bachelor's degree, the sum
of $110.00 per month, not to exceed a total of $1,320.00 per year.
8.2.3 Dual Degrees If an employee holds both an associate degree and a
bachelor's degree, the employee shall receive only the supplement for the bachelor's
degree.
8.3 Eligibility For State Mandated Educational Supplement Eligibility for the
state mandated supplement shall be determined in accordance Section 633.382,
Florida Statutes, and in accordance with the provisions of Rules 69A-37.082 through
69A-37.089, Florida Administrative Code.
8.4 Method of Payment. Bargaining Group Members base salary should be
compensated in a level method. Base salary should be divided by the annual number
of pay periods (26 currently). Overtime and other special pay will be paid in accordance
with County payroll procedures.
8.5 Hold-Over Time. Call Back Time and Early Re orting Time Salary
SuRRIements
8.5.1 Hold Over Time "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 MONROE 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 Back Time "Call Back Time" shall mean the time when, after an
employee has completed his or her normal shift and has departed the work site without
any expectation of returning to work before his or her next regularly scheduled shift,
the employee has been contacted to report for work and does in fact report for work.
Call Back Time shall commence when the employee reports to the work site and shall
end when the employee completes the work and departs From the work site. Call Back
Time shall consist of a minimum of four hours of work.
8.5.3 Early 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.
8.5.4 Comuensation 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.
8.6 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 Flight Pay
8.7.1 Qualification 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 Designation and Training 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 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: EMPLOYMENT BENEFITS
9.1. AQplicability The benefits listed in this Article and elsewhere in this Agreement
apply only to full-time personnel unless expressly stated otherwise.
9.2. Annual (Vacation) Leave
9.2.1 Employees whose normal duty assignments involve shift work usually
consisting of 24 hours on-duty followed by 48 hours off-duty (as may be referred to as
a "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:
9.2.4.11 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 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
9.2.4.4 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.
9.3.4 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 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, up to a
maximum of 90 days;
9.3.5.3 16+ years of service: 1/2 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.
9.3.6 An eligible employee may enroll in and receive the benefits of the Monroe
County Sick Leave Pool. Enrollment procedures and rules for the operation of the Sick
Leave Pool are found in Monroe County Administrative Instruction 4702, as amended
from time to time, and these procedures and rules shall be used in the administration
of the Sick Leave Pool program.
9.3.7 The application, administration and interpretation of sick leave benefits
shall be in accordance with the applicable provisions of Monroe County Administrative
Procedures and any addenda thereto, as may be amended from time to time. Any
provision of the Administrative Procedures or any addenda which is in direct conflict
with any provision in this Agreement is superseded by this Agreement to the extent of
such conflict.
9.4. Holiday Leave
.4.1 The County has recognized certain days to be holidays, during which
most County offices are normally closed. The County and Union agree that the
County's firefighting and emergency rescue services are, and shall be, available during
holidays, and that some bargaining unit members will be required to work during
designated holiday periods.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
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 Gear: Maintenance The County and Union agree that
certain uniform and protective equipment shall be supplied and/or maintained by the
County under the following terms and conditions:
9.5.1 Uniforms, Initial Issuance The County agrees to issue to each Unit
member the following uniform items:
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
ITEM DESCRIPTION NUMBER ISSUED
Shirt, Long Sleeve, Blue, w/Insignia Two
Shirt, Short Sleeve, Blue, w/Insignia Two
Shirt, 'T", w/Insignia Five
Suit, Jump, w/Insignia One
Coat, Rain One
Jacket, w/Insi nia One
Pants Two
Shirt, Polo, Grey, w/Insi nia Two
Badge One
Name Tag One
Station Shoes/Boots One Pair
9.5.2 Uniforms, Replacement Any uniform item which, as determined by the
County, has been destroyed, damaged beyond economical repair, or which is otherwise
unusable or unsightly due to wear and tear shall be replaced by the County at the
County's expense.
9.5.3 Uniforms. Maintenance The County agrees to provide at each work site
a clothes washer and clothes dryer for use by Unit members to clean and dry issued
items of uniform clothing.
9.5.4 Uniforms, Class A At such time as the County adopts a Class A (Formal)
uniform for fire/rescue personnel, the County shall issue one Class A uniform to each
Unit member who has been a Unit member for three or more consecutive years of
service.
9.5.4.1 The uniform shall be owned by the County, and upon termination,
other' than retirement, from employment a Unit member shall return the issued Class A
uniform to the County, or shall pay to the County the full cost of replacement of the
uniform.
Page 31 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
9.5.4.2 Any Unit member to whom a Class A uniform has been issued,
and who retires from service while still a Unit member, shall be entitled, upon his or
her request, to retain the Class A uniform as his or her property.
9.5.5 Footwear, Ag roved The County shall have the right to designate the
type, model, and supplier of footwear (station shoes/boots) to be worn by Unit
members while performing services for the County. Only the purchase of approved
footwear shall entitle the Unit member to reimbursement as provided below.
9.5.6 Footwear, Reimbursemenj A Unit member shall be entitled to
reimbursement in an amount up to Three Hundred Dollars ($300.00) each odd-
numbered year for the purchase of approved footwear to be used by the Unit member
while performing services for the County. The Unit member shall submit sales receipts
in form suitable to the County showing the date, item purchased, and total amount to
be reimbursed, and reimbursement shall be processed and payment made in
accordance with the County's usual practices and procedures.
9.5.7 Footwear, SURRHer Contract In the event that the County enters into
an agreement with any entity to be a footwear supplier to the County for purposes of
providing footwear to Unit members, the procedures put into place by the County
pursuant to the contract shall be the approved method for acquiring footwear by Unit
members.
9.5.8 Personal Protective Gear. Issuance The County agrees to issue to
each Unit member the following personal protective 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
ITEM DESCRIPTION NUMBER ISSUED
Coat, Bunker One
Pants, Bunker One
Boots, Protective One Pair
Gloves, Protective One Pair
Hood, Fire Resistant One
Helmet, Fire One
Suspenders, Pants One Pair
Bag, Mask One
Mask, MSA, Complete One
Pack, "Fanny" One
Sleeves, Protective One Pair
Glasses, Safety One Pair
Shears, Trauma 10ne Pair
9.5.9 Personal Protective Gear. Reulacement Any item of personal protective
gear which, as determined by the County, has been destroyed, damaged beyond economical
repair, or which is otherwise unusable or unsightly due to wear and tear shall be replaced by
the County at the County's expense.
9.5.10 Personal Protective Gear Maintenance The County agrees to clean and
repair a Unit member's items of personal protective gear at such times as may be deemed
necessary from time to time by appropriate supervisory personnel.
9.6. Health And Medical Coverage The County agrees to 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 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. Physical/Medical Examinations
9.8.1 The County and Union agree that, among other considerations, eligibility of
bargaining unit employees to receive certain presumptions and entitlements relative to
communicable diseases, disability, and other benefits requires a physical/medical examination
of the employee had been conducted prior to the occurrence of the event or condition upon
which the presumption or entitlement is based. Additionally, a physical/medical examination
evincing good physical condition is required by Section 633.34, Florida Statutes, as a pre-
condition of employment as a firefighter. The County and Union further agree that
physical/medical examinations for bargaining unit employees in addition to "post-offer, pre-
employment" physical/medical examinations is warranted by the nature of the bargaining unit
members' duties.
9.8.2 Initial Physical/Medical Examination The County agrees to provide a
post-offer of employment physical examination to an applicant to be hired for a position
included in the bargaining unit. The physical examination shall be administered in accordance
with applicable provisions of the Americans with Disabilities Act ("ADA") and appropriate
Monroe County Personnel Policies and Procedures and addenda thereto. The cost of the
physical examination shall be paid for by the County, and the minimal scope, content and
documentation of the physical examination shall be in accordance with the requirements of the
Division of State Fire Marshal, Bureau of Fire Standards and Training.
9.8.3 Periodic In-Service Physical/Medical Examination The County agrees to
provide a physical/medical examination to each full-time employee covered by this Agreement
at such times and in such extent as provided for in Section 2-4, Chapter 2, of Standard 1582
Edition 2000 of the National Fire Protection Association, entitled Medical Requirements for
Firefighters and Information for Fire Department Physicians. The County will use its good faith
efforts to schedule the physical/medical examination for an employee during the 30 days
immediately prior to, or the 30 days immediately after, the employee's hire anniversary date;
however, it shall also be the responsibility of the employee to make appropriate notification to
the County of the need for the scheduling of the physical\medical examination. The failure of
the County to meet this general scheduling requirement for physical\medical examinations
shall not be subject to the grievance procedures provided for elsewhere in this Agreement. The
cost of the physical\medical examination shall be paid for by the County. Failure of employees
as of October 1, 2008 to comply with Category A criteria will not automatically disqualify
them from their position but a decision will be made based on safety issues and performance
of the employee.
9.8.4 Special Incident Physical Examination The County agrees to provide a
physical\medical examination to any full-time employee who has been exposed to an infectious
or contagious disease while in the performance of the employee's duties for the County.
Additionally, the County agrees to provide a physical\medical examination to a full-time
employee who has been involved in any incident while in the performance of the employee's
Page 34 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
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 Duty Examinations The County shall have the right to require an
employee to undergo a physical examination or mental examination, or both, when it appears
that the employee has exhibited an action or conditions that are readily observable to a
reasonable and prudent person and which would lead such a person to reasonably believe that
the employee may not be able to fully perform his or her duties. The cost for the examination
or examinations shall be paid for by the County, the examination or examinations shall be
performed by the professional designated by the County, and the results of the examination
shall be reported in the manner required by the County. If any applicable federal or state law
shall require that the employee who has been examined in accordance with this section provide
written consent for the release of the examination information to the County, the employee
shall provide such written consent conditioned upon the County maintaining the
confidentiality of the information received and the County shall only release the information
as required by federal or Florida law or by lawful order issued by a court or administrative
tribunal having competent authority to issue such an order.
9.8.6 Documentation of Physical/Medical Examinations For physical/medical
examinations administered in accordance with Sections 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 by the County from time to time in accordance with state statute;
chemistry and lipid profile; audiogram, 12-lead electrocardiogram with interpretation and
report; chest x-ray, and treadmill stress testing.
9.9. Firefighter Death Benefits
9.9.1 Florida Law Section 112.191, Florida Statutes, requires the County to provide
certain benefits to a firefighter, the firefighter's surviving spouse, and any surviving children
of a firefighter who dies, is killed, or suffers a catastrophic injury under conditions specified in
Section 112.191.
9.9.2 Amounts The amounts to be paid by the County under this law range from
$50,000 to $150,000 per firefighter, with such amounts subject to adjustment as determined
by the State Fire Marshal, and such payments shall be in addition to any worker's
compensation and pension benefits. Additionally, the County will pay the entire health
insurance plan premium for the firefighter and his or her spouse and children under the
conditions specified in Section 112.191.
9.9.3 Budgeting The County agrees to budget each year for the anticipated costs of
providing the benefits under Section 112.191. The amount of reserves, insurance expenses
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 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 ARplicable Rules The provisions of Section 9.9 shall be administered consistent
with the provisions contained in Rules 69A-64.001 through 69A-64.005, Florida
Administrative Code.
9.10. Florida Retirement System Contributions
9.10.1 Florida Law All full-time employees of the County are required to participate in
the Florida Retirement System (FRS). Bargaining unit members are classified as "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.
9.10.2 Budgeting The County agrees to budget each year for the anticipated total
amount of contributions to be made to the FRS on account of the bargaining unit members.
9.10.3 No Member Contribution Bargaining unit members shall not be required or
obligated to contribute any sums to the FRS; provided, however, that if in the future the state
law changes in this regard, this provision of the Agreement shall be automatically amended to
conform with the statutory provisions.
9.11. Educational ExRense Reimbursement
9.11.1 General The County agrees to reimburse employees for educational expenses
incurred by the employee under the following terms and conditions:
9.11.1.1 Eligibility The employee must have been employed full-time by the
County for at least one year immediately prior to applying for reimbursement, and the
employee must not be in an initial or extended probationary status.
9.11.1.2 Prohibitions The employee shall not utilize any space, personnel,
equipment or supplies provided by the County in the process of fulfilling any of the requirements
of the coursework for which the employee is being reimbursed.
9.11.1.3 New Coursework The coursework must not be duplicative of any
coursework for which the employee has been previously reimbursed by the County, unless
required by Section 7.1.5.
9.11.2 Administration The application, administration and interpretation of
educational reimbursement benefits, and the amounts to be paid for individual
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 Manual or of any addenda which
is in direct conflict with any provision in this Agreement is superseded by this Agreement to
Page 36 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 County shall budget a minimum
of $15,000 per fiscal year to be utilized by bargaining unit personnel for education
reimbursement in accordance with the provisions of this 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 exclusively for tuition, fees and textbooks, and shall be available to all
members of the bargaining unit on a first come, first serve basis. Educational
reimbursements shall be charged against the budget for the fiscal year in which the courses
are taken. All requests for reimbursement must be submitted prior to September 30th in the
fiscal year in which the course is taken.
9.12 Communicable Disease Immunization
9.12.1 Acknowledgment of Risk The County and Union agree that the bargaining
unit members run a high risk of occupational exposure to hepatitis, meningococcal
meningitis, and tuberculosis, and the County should provide such immunizations and keep
records thereof.
9.12.2 Records and Notification The County shall maintain a record of any known or
reasonably suspected exposure of a bargaining unit member to the diseases described in
Section 9.12.6, and the County shall immediately notify the employee of such exposure.
9.12.3 Member to Report Each bargaining unit member who has knowledge of
known or suspected occupational exposure to the diseases described in Section 9.12.6 shall
immediately file a report of the incident to the appropriate supervisory personnel.
9.12.4 Immunization Each bargaining unit member shall be inoculated against
hepatitis upon employment or as may be medically required in order to have current
immunization against hepatitis. The County shall pay for the costs of such immunization. An
employee may refuse immunization but he/she must sign a release if he/she does not have
avail him/herself of the immunization opportunity.
9.12.5 Future Circumstances: Requirements Whenever any standard, medically
recognized vaccine or other form of immunization or prophylaxis exists for the prevention of
a communicable disease recognized in Section 112.181, Florida Statutes, the County may
require bargaining unit members to undergo the immunization or prophylaxis; provided, such
immunization or prophylaxis is medically indicated in the given circumstances pursuant to
immunization policies established by the Advisory Committee on Immunization Practices of
the United States Public Health Service and the employee's physician has not determined in
writing that the immunization or prophylaxis would pose a significant risk to the employee's
health.
9 12 6 Required Screening For Statutory Presum tions
9.12.6.1 Florida Law Section 112.18 and Section 112.181, Florida Statutes,
Page 37 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
provides that, under certain conditions, specified illnesses and injuries shall be presumed by
law to have been accidental and to have been suffered in the line of duty, provided a medical
examination had been previously conducted upon the employee or the employee has
executed a written affidavit as provided in Section 92.50, Florida Statutes.
9.12.6.2 Screenings And Affidavits The County agrees to provide the medical
screenings, as part of the physical and medical examinations provided for in Section 9.8 of
this Agreement.
9.13 Public Records Exem tg_ions
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 Exempt 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.
9.13.3 Protection of Exem tion The County agrees that, when any request is
received under the Florida Public Records law to inspect any record maintained by the County
relating to a member of the bargaining unit, the County will take such steps as are reasonably
required to redact, omit, cover up, or otherwise eliminate from the records to be inspected
such information as is listed in Section 9.12.2.
9.14 Workers' ComRensation Premiums
9.14.1 Coverage and Benefits All full-time Unit member employees of the County
are participants in the Florida Workers' Compensation program and are entitled to receive
such coverage and benefits as provided by the Florida Workers' Compensation law.
9.14.2 Budgeting The County agrees to budget each year for the anticipated total
amount of claims and excess insurance premiums to be paid for workers' compensation
coverage of, and payments on behalf of, the bargaining unit members.
9.14.3 No Member Contribution Bargaining unit members shall not be required or
obligated to contribute any sums towards workers' compensation insurance premiums;
provided, however, that if in the future the state law changes in this regard, this provision of
the Agreement shall be automatically amended to conform with the statutory provisions.
9.15 Unem llooyment Compensation Benefits.
9.15.1 Florida Law In general, employees of the County are entitled to the rights and
benefits provided by the Florida Unemployment Compensation law.
9.15.2 Budgeting The County is a "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
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 Member Contribution Bargaining unit members shall not be required or
obligated to contribute any sums as contributions towards unemployment compensation
benefits; provided, however, that if in the future the state law changes in this regard, this
provision of the Agreement shall be automatically amended to conform with the statutory
provisions.
9.16 Federal Government Contributions.
9.16.1. FICA and Medicare The County agrees to remit to the federal government
on a timely basis all amounts owed as the employer's portion of FICA and Medicare
contributions attributable to the employment by the County of each Unit member.
9.16.2 Em llooyee Withholding. The County agrees to deduct from each Unit
member's salary and wages all amounts owed by the employee to the federal government for
the employee's share of FICA and Medicare contributions, and withholding and forwarding of
federal income tax obligations.
9,.17 Savings Bond Deductions The County agrees to provide the opportunity to Unit
members and employees to participate in a Savings Bond program through a payroll
deduction plan. The program shall be administered by the County in accordance with its
standard practices, as may be amended from to time.
9.18 Direct Deposit Payroll O tp ion The County agrees to provide a program for direct
deposit of a Union member's and employee's pay into a financial institution of the Unit
member's or employee's choice, consistent with the policies and practices of the County, as
may be amended from time to time.
9.19 Years-of-Service Award Program. The County agrees to provide an award program
to recognize employees who have been employed by the County for five years or more, and this
program shall be administered as provided in Section 2-8, Monroe County Code, and the
Monroe County 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, stepbrother, stepsister, 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 payment for funeral 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. Term of Agreement: Effective Date.
10.1 Term Upon ratification, the term of this Agreement shall be for a period 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. Bargaining Unit Work Security The Employer shall not assign or delegate out
bargaining unit work in any manner whatsoever. In particular, the County agrees that fire
suppression (combat), rescue, fire prevention emergency medical services, administrative
services and other Fire/EMS or Airport Fire/Rescue Department related services and functions
shall not be assigned or delegated out in any manner, to private or public entities. This article
does not apply to fire suppression, rescue or emergency medical services that are currently
provided by volunteer fire companies currently 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 under mutual aid agreements or services needed in
the event of catastrophic events that impacts bargaining units ability to provide staffing for
services. This provision 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.
12. Construction This Agreement and the terms hereof shall be construed in accordance
with the laws of the State of Florida and venue for all actions in a court of competent
jurisdiction shall lie in Monroe County, Florida.
13. Severability Should any word, phrase or provision of this Agreement be declared illegal
or invalid by a court of competent jurisdiction, such declaration of illegality and/or invalidity
shall not affect the remainder hereof.
14. Entire Agreement No statements, representations, or warranties, whether written or
oral or from whatever source arising, that were made or alleged to have been made in the
negotiation of this Agreement, or alleged as being an inducement by or to either the County or
the Union to enter into this Agreement, shall have any validity between the County and the
Union or be binding on either the County or the Union, unless such statement, representation,
or warranty is expressly written into this Agreement.
15. Captions And Paragraph Headings. Captions and paragraph headings
contained in this Agreement are for convenience and reference only and in no way define,
describe, extend or limit the scope and intent of this Agreement, nor the intent of any provision
of this Agreement.
16. Exhibits
16.1 Inclusion in Agreement The Exhibits referred to in, and attached to, this
Agreement shall be incorporated into this Agreement and be a part of this Agreement.
Page 40 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
16.2 Additional Exhibits; Amendment of Exhibits The County and Union agree
that one or more additional Exhibits may be added to this Agreement, and that any Exhibit to
this Agreement may be amended, changed, or supplemented from time to time, provided
that such addition, change, amendment, or supplement shall be accepted and approved by
both the Union members and the County consistent with the procedures for ratification and
approval of agreements provided for in Chapter 447, Florida Statutes, and further provided
that only the added, changed, amended, or supplemented Exhibit need be submitted for
ratification and approval.
16.3 Changes to Section 16.4 The list of Exhibits provided in Section 16.4 of this
Agreement shall be amended from time to time by the County to reflect any additions,
supplements, changes, or amendments ratified and adopted from time to time as provided
for in Section 16.2 of this Agreement.
16.4 List of Exhibits. The Exhibits to this Agreement are as follows:
16.4.1 Exhibit A: List of DeRartmental Seniority
16.4.2 Exhibit B: List of Classification Seniority
16.4.3 Exhibit C• Union Certification Documentation
16 4 5 Exhibit D• ReRaayment Agreement
16.4.4 Exhibit E: Base Salary Chart.
Pursuant to Section 447.309(1), Florida Statutes, the above agreement is agreed to by and
between the bargaining agent and the chief executive officer of Monroe County.
Bargaining Agent
Professional Firefighters of Monroe County,
International Association of Firefighters, Local
3909
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 for and agreed to in
accordance with the provisions of Chapter 447, Florida Statutes, and Chapter 286,
Florida Statutes; was submitted to the bargaining unit members and ratified by a
vote of votes for the Agreement and votes against the Agreement; and
after ratification was submitted of the Board of County Commissioners for action.
Bargaining Agent
Professional Firefighters of Monroe County,
International Association of Firefighters, Local
3909
By:
President
Date:
The Board of County Commissioners, at a duly noticed and publicly held
meeting at Key West, 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 FLORID
By:
Mayor
Date:
ATTEST:
DANNY L. KOLHAGE
Clerk of Court
By:
Date:
Page 42 of 44