A
Collective Bargaining Agreement Between
Matlacha/Pine
and
Fire Fighters & Paramedics
Local 1826
Effective Through
September 30th, 2012
TABLE
OF CONTENTS
ARTICLE PAGE
1 Preamble---------------------------------------------------------------------- 3
2 Recognition------------------------------------------------------------------- 4
3 Strike
Prohibition, Work Requirement and Discrimination---------- 5
4 Management Rights------------------------------------------------------ 6-7
5
6 Rules & Regulations-------------------------------------------------------- 9
7 Union Business------------------------------------------------------------ 10
7A Union
Business Time Donation Sheet--------------------------------- 11
8 Dues Deduction ----------------------------------------------------------- 12
8A Dues
Deduction Authorization Sheet---------------------------------- 13
9 Grievance Procedure-------------------------------------------------- 14-15
10 Reduction of Personnel--------------------------------------------------- 16
11 Workers Compensation--------------------------------------------------- 17
12 Sick Leave-------------------------------------------------------------- 18-20
13 Leave of Absence / Bereavement-------------------------------------- 21
14 Jury Duty, Subpoenas, Time to
Vote---------------------------------- 22
15 Vacation/Annual Leave-------------------------------------------------- 23
16 Holidays--------------------------------------------------------------------- 24
17 Hours of Work /
Overtime-----------------------------------------------25-27
18 Uniforms & Equipment------------------------------------- ---------28-29
19 Trading of Time------------------------------------------------------------ 30
20 Education--------------------------------------------------------------- 31-32
21 Incentive Pay----------------------------------------------------------- 33-35
22 Retirement Plan------------------------------------------------------------ 36
23 Employee
Insurance------------------------------------------------------ 37
24 Discipline & Discharge----------------------------------------------- 38-39
25 Military Leave-------------------------------------------------------------- 40
26 Station Facilities------------------------------------------------------------ 41
27 Prevailing Rights----------------------------------------------------------- 42
28 General Provisions-------------------------------------------------------- 43
29 Physicals---------------------------------------------------------------- 44-45
30 Pagers------------------------------------------------------------------------ 46
31 Wages------------------------------------------------------------------------ 47
32 Alcohol & Drug Testing-------------------------------------------------- 48
33 Promotions / Acting out of Classification------------------------- 49-50
34 Duration--------------------------------------------------------------------- 51
35 Minimum
Manning---------------------------------------------------------52
36 Entire Agreement --------------------------------------------------------- 53
37 Ratification---------------------------------------------------------------- 54
ARTICLE 1 PREAMBLE
1.1 In accordance with Chapter 447, Part II of the Florida Statutes, this agreement is entered into by and between Matlacha/Pine Island Fire Control District (hereinafter, the district) and the Southwest Florida Professional Fire Fighters, Local 1826, International Association of Fire Fighters, Inc. (hereinafter, the union).
1.2 The
purpose of this agreement is to promote and maintain harmonious and cooperative
relationships between the District and its employees, both individually as well
as collectively through the Union; to foster safety in the work place; to
provide an orderly and peaceful means for resolving differences which arise
concerning the interpretation or application of this agreement; and to set
forth herein the basic and entire agreement between the parties in the
determination of wages, hours, and terms and conditions of employment.
1.3
This
agreement is intended to promote the best interest, of the public, District
and employees by
providing the highest level of fire
protection, prevention, suppression, education, and medical
services consistent with rescue
services that the district currently provides to the citizens within
the district in the most
professional, efficient and cost-effective manner possible, based on available
resources.
ARTICLE 2 RECOGNITION
2.1 The District hereby
recognizes the union as the exclusive bargaining agent for employees of the
district as certified by the Florida Public Employees Relations Commission in
Case No. RC-99-034, Certification #1272, September 30, 1999.
The appropriate bargaining
unit is comprised as follows:
INCLUDED: All regular and
probationary full time employees of the Matlacha/Pine Island Fire Control
District in the following classifications: Firefighter, Engineer, Captain, Fire
Safety Inspector, and Fire Mechanic.
EXCLUDED: Fire Chief, Deputy Fire Chief, Administrative Assistant, and Secretary.
2.2 The
2.3 The Union
may display a certificate of 100% membership in an area of public view, in each
station of the District, so long as the
2.4 The Union
DVP will have the opportunity to send information to Union employees by
submitting all copies of the information to the District for enclosure with the
employees pay checks. Distribution of paychecks will not be delayed to
accomplish this request.
2.5
All employees will serve one (1) year of probation. These Employees will be “At Will” and be held to the Standards as stated
in the District’s Administrative Guidelines.
2.6
New
Employees may have the period of probation extended one time, for an additional
six (6)
months as shall be determined by the
ARTICLE 3
STRIKE PROHIBITION, WORK REQUIREMENTS
AND DISCRIMINATION
3.1 The union and bargaining unit members do
not assert and will not assert or advocate any right to engage in any work
stoppage, slow down or strike, or to withhold services or otherwise hinder the
District’s operations. Each employee
shall comply with this Article and the strike prohibition of Section 447.505,
Fla. Statutes and the Constitution of the State of
3.2 In justice and fairness to the District, and all persons who are served by it, all employees shall report to work on time, not leave early unless authorized, be prompt in reporting to their assigned duties, and faithfully perform their duties.
3.3 Neither
the District nor the union shall discriminate against any employee covered by
this Agreement because of union membership or non-membership, or for any reason
not contrary to law.
3.4 The District shall not discriminate between bargaining unit
employees and non-bargaining unit employees in areas of discipline.
ARTICLE 4 MANAGEMENT
RIGHTS
4.1 The
union recognizes the Fire
4.2 Management
rights include, but are not limited to, the following:
a) to direct all operations of the district;
b) to establish and modify reasonable work rules, schedules of work, and administrative procedures and
guidelines as may be needed in the best interest of the District.
c) to hire, promote, transfer, schedule and assign employees to positions within the district’s organization;
d) to suspend, demote, discharge or otherwise discipline
employees, for just cause. Just cause
shall include, but not be limited to conduct described in Article 24, Paragraph
8 (24-8) of this agreement. Nothing
contained herein shall preclude the
e) to relieve employees from their duties because of lack of work or for any other legitimate reasons;
f) to maintain efficiency of fire and rescue operations;
g) to take whatever action is necessary to comply with federal,
state, and local laws;
h) to introduce new and improved methods or facilities;
i) to change existing methods or facilities;
j) to determine the kinds and amounts of operational services to be performed, and the number of personnel classifications required to perform such services;
k) to contract for goods and services other than those provided
by bargaining unit employees;
l) to determine the methods, means, and personnel by and through which operations are to be conducted;
m) to take whatever action is necessary to carry out the functions of the District in situations of emergency;
n) to promote,
hire or appoint such personnel as may be deemed necessary to fulfill management
or supervisory functions required for proper operations;
o) to make such adjustments as may be
deemed necessary to the budgeted expenditures
incurred or agreed to, so as to maintain a sound financial profile of tax
revenues received and disbursed;
p) to hire civilians to perform duties which do not require a
certified fire fighter. Civilians performing these duties, which are not
included in Article 2.1 shall not be subjected to this
agreement.
ARTICLE 5 UNION RIGHTS
5.1 Members of the bargaining unit shall have the right to: either join the
union, or not join the union. They shall also have the right to engage in lawful
concerted activities for the purpose of collective bargaining negotiations; to
express or communicate to management any view, grievance, complaint or opinion,
related to the conditions of compensation and terms of employment of public
employees for their betterment, all free from restraint, coercion,
discrimination or reprisal.
5.2 Nothing
shall abridge the right of any duly authorized representative of the union to
present views of the Union on issues that affect the welfare of its members or the District as long as it is clearly presented as
the view of the union and not necessarily the view of the District to the
District’s elected officials.
ARTICLE 6 RULES AND REGULATIONS
6.1 The
6.2
The District agrees to furnish each new employee and all current members
of the bargaining unit, with copies of each of the following:
A. Matlacha/Pine Island Fire
Control District Guidelines.
B.
Matlacha/Pine
C. Where there is any conflict
between the referenced Guidelines and this Agreement, this
Agreement shall control
6.3 The employer agrees to conduct
all disciplinary actions and disciplinary investigations
in accordance with Florida Statutes 112.80 (Fire Fighter's
6.4 All
Memos and Standard Administrative Guidelines in operation on the effective date
of this agreement shall remain in full force and effect if not specifically in
conflict with any Article or Section of this Agreement.
6.5 In an effort to avert grievances and
Unfair Labor Practice charges, in this regard, the District
shall
provide a copy of any proposed new rules, regulations, Standard Administrative
Guidelines
or
changes in existing ones, and memos implementing revisions to the above to the
for review at least 5 business
days prior (when at all possible) to the implementation date. A copy shall then
be available for employees at each station for review/reference. If the
department is unable to contact the DVP it shall contact the main union office
for purposes of meeting this section.
6.6 When leaving their employment from the
District, employees should give a minimum of (2) two
weeks notice in writing.
6.7 Hair and facial hair
shall be clean, neat and trimmed. Facial
hair that interferes with the face
piece
seal on District air packs shall be prohibited.
6.8 There will be no smoking or use of
tobacco products in any enclosed indoor workplaces of the
District
buildings, facilities, or vehicles.
On duty employees are not to use any tobacco products
when any
member of the general public is present.
At each station an area outside the building
will be
designated as a tobacco area.
6.9 Employees shall do their banking on
Fridays only unless altered by holidays.
Paychecks will be
issued on Fridays in accordance
with the District’s regular pay schedule.
Paychecks will be
available by 9:00 A.M. on such
Fridays.
6.10
Each station will be allowed to go to the store once per day as
determined by Management
to get
items for lunch or dinner. The store
must be within the District.
ARTICLE
7 UNION
BUSINESS
7.1 The
District agrees to allow the union to hold its meetings at a Matlacha/Pine
Island Fire Control District Station in the meeting room at a mutually agreed
time and date.
7.2 Three (3)
members of the "Union negotiating team" shall be allowed to attend
all negotiating meetings which shall be mutually set by the District and the
union.
7.3 The
District agrees to allow all "Union Officers" on
duty to attend union meetings at the station, providing proper manning is met
without having to call in additional personnel.
7.4 The
District agrees to allow all "Union members" to donate one (1) hour
increments of vacation time and put it towards a union time bank for use for
union official functions while on duty.
This donation of time shall be accomplished during the month of January
each year. If a DVP leaving on union
business causes the need for overtime, sufficient hours donated to the union
time bank shall be converted for department use to pay for the overtime cost incurred. Unused time shall roll over to the next
calendar year.
7.5 All union
members should fill out the form 7A on the next page,
authorization to deduct vacation hours from one’s accumulated time.
7.6 The
District agrees to provide a copy of the Matlacha/Pine Island Fire Control
District monthly fire commission meeting minutes (monthly) to the DVP at
printing or as soon thereafter as possible.
7.7 The
district shall not be held responsible for compliance with article 7.4.
7-A.1 I hereby
authorize the district to deduct ________ hours (1 hour increments) from my
vacation time to be placed in the union time bank for official union
functions. Please turn in this form to
the Matlacha/Pine Island Fire Control District union DVP during January of each
year.
_____________________________ ______________
Signature Date
_____________________________
Print
Name
ARTICLE 8 DUES DEDUCTION
8.1 The
District shall deduct, without charge, from the pay of all Union members who
authorize such deduction, the monthly dues payable to the union.
8.2 Payroll
deduction shall be accomplished each pay period of each month, not to exceed 52
deductions in a calendar year. The amount deducted will be determined by
dividing the annual amount, as certified by the Southwest Florida Professional
Fire Fighters & Paramedics Secretary/Treasurer by 52.
8.3 Employees
desiring the dues deduction shall authorize it by completing an appropriate
form prescribed by the District and included in Article 8A.
8.4 Employee’s
dues shall be mailed to the union office once each month with a roster
indicating each employee’s amount deducted.
A union employee list shall be provided to the union, sorted
alphabetically.
I hereby authorize the Matlacha/Pine Island Fire Department, or it’s agents, to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 1826/I.A.F.F. Inc., said local union. This authorization is revocable by a notice in writing to the Matlacha/Pine Island Fire Department.
I hereby waive all rights and claims for said monies
so deducted and transmitted in accordance with this authorization, further and
separately, relieve the Matlacha/Pine Island Fire Department and any agent,
from liability therefore.
NAME_____________________________ DATE____________
SOCIAL SECURITY NUMBER_____________________________________
EMPLOYEE
SIGNATURE_________________________________________
I hereby authorize the Matlacha/Pine Island Fire
Department, or it’s agents,
to stop deducting from my earnings, the regular monthly dues (uniform in dollar
amount) in the amount certified by the Treasurer of Local 1826/I.A.F.F. Inc.,
said local union. This authorization is revocable by a notice in writing to the
Matlacha/Pine Island Fire Department.
I hereby waive all rights and claims for said moneys
so deducted and transmitted in accordance with this authorization and, further
and separately, relieve the Matlacha/Pine Island Fire Department and any agent,
from liability therefore.
NAME_____________________________ DATE____________
SOCIAL SECURITY
NUMBER_____________________________________
EMPLOYEE
SIGNATURE_________________________________________
ARTICLE 9 GRIEVANCE
PROCEDURE
9.1 In a mutual effort to
provide harmonious working relations between the parties to this Agreement, it
is agreed to and understood by both parties that there shall be a procedure for
the resolution of grievances between the parties arising from any alleged
violation of this Agreement.
9.2 Definition. For the purpose of this Agreement, a grievance is defined as an alleged violation of a specific written provision of this agreement, which involves the meaning, interpretation or application of this agreement.
9.3 Nothing in this
Agreement shall be construed to prevent any employee from presenting, at any
time, his/her own grievance in person or by legal counsel, to the DISTRICT and
having such grievances adjusted without the intervention of the bargaining
agent; provided the adjustment is not inconsistent with the terms of this
Agreement and if the UNION has been given reasonable opportunity to be present
at any meeting called.
9.4 Every effort will be
made by the parties to settle all grievances as soon as possible. The time limits
set forth shall be strictly complied with, and can only be extended by mutual
agreement of the parties in writing.
. a.)
The UNION will not be required to process grievances for employees who are not
members of the
9.5 All grievances, as outlined above must be
in writing and must contain the following information:
a) Article and Section of the Agreement alleged to have been
violated;
b) A full statement of the grievance, giving facts, dates and times
of events, and specific violation with the remedy or adjustment desired;
c)
Signature of aggrieved employee and date signed.
9.6 Grievances shall be
processed in accordance with the following procedures. If the resolution sought
by the grievant is not attained or a mutual agreement (in writing) is not
reached, the DISTRICT will be responsible for submitting the grievance to the
next step. The
STEP 1: A. Upon receipt of written grievance, the grievant shall be
given the chance to discuss his/her
grievance orally
with his/her captain within (7) seven business days of the alleged violation
and or the time
the employee gained knowledge of the alleged violation of the contract. The
captain shall
attempt to adjust the grievance with the aggrieved employee. And shall notify
Deputy
adjustment or
resolution.
B. If the complaint is not resolved within (7)
seven business days in Step 1.A, the aggrieved
Employee and the Union representative
will present the grievance in writing to the Deputy
ARTICLE 9 GRIEVANCE
PROCEDURE
STEP 2: The Fire
9.7 If a grievance, as
defined in this Article, has not been satisfactorily resolved within the
grievance procedures, the
9.8 The parties affected shall request the Federal Mediation and
Conciliation Service to submit a panel of five (5) arbitrators. Arbitrators shall be selected from such panel
by alternately striking names from this list (the district shall strike first)
until the last name is reached. The striking of names will take no longer than
ten (10) business days from receipt of said panel.
9.9 Limitations on the
powers of Arbitrator are as follows:
a) The Arbitrator shall not have the power to
add to, subtract from, modify, or alter the terms of this Agreement.
9.10 There shall be no appeal
from the Arbitrator's decision; it shall be final and binding on the UNION and
on all bargaining unit employees and on the DISTRICT; provided, however, that
the Arbitrator's decision is not outside or beyond the scope of the
Arbitrator's jurisdiction or violates the Florida Arbitration Code.
9.11 The Arbitrator will divide the cost of the arbitration services between the parties equally. Each side desiring a transcript will pay for it. Expenses for witnesses shall be borne by the party calling said witnesses.
9.12 Both the Inspector and
Mechanic shall substitute the Deputy
ARTICLE l0 REDUCTION OF PERSONNEL
10.1 In
case of a personnel reduction within one or more job classifications, the reduction
shall be determined by seniority within Matlacha/Pine Island Fire Control District. Reduction of personnel shall be
implemented only after the district and the union meet
to discuss all other possible financial solutions. However, any final decision
as to the reduction of personnel will be the right of the District based on
business necessity. Reduction of
personnel will start with the lowest job classification, and shall be by
seniority within that particular classification. The first classification shall
be Fire Fighter (non-certified).
10.2 No new
employee shall be hired until the laid-off employee has been given the
opportunity to return to work.
10.3 In the
event the recalled employee does not report back to work within ten (10)
calendar days after receiving notification, the District will recall the next
senior employee.
10.4 In the
event the list of laid-off employees is exhausted, or if no recalled employees
report back to work within ten (10) calendar days after receiving notification,
the District may hire a new employee to fill the vacancy.
10.5 The
notification in 10.3 shall be by certified mail (return receipt requested) to
the employee's last known address as it appears in the personnel records.
10.6 In the
event a current full time position becomes vacant, the said vacancy will only
be filled with a full-time employee. The district is permitted to utilize
existing volunteers to provide adequate on duty manning levels for a period not
to exceed 45 calendar days. The district shall only use state
certified fire fighters and implement this procedure when there is a
financial burden.
10.7 The
District agrees not to enter into any agreement with any private Fire
Protection agency at any time during the existence of this agreement.
10.8 The
District currently has a written policy regarding the use of
volunteer personnel. This policy will remain in effect.
11.1 If an
employee is injured in the line of duty, he/she must notify the chief or
his/her designee, and file for Workers Compensation under Florida Statute
within 24 hours when possible. The department shall implement the workers comp
employee insurance policy to assist the employee in receiving at least the
minimum net pay.
11.2 Light
Duty will be available after the employee receives a letter from the District’s
Worker’s Compensation Carrier’s designated physician approving the employee for
light duty providing light duty is available within the Matlacha/Pine Island Fire Control District.
ARTICLE 12 SICK LEAVE
12.1 Sick Leave
Shift employees in the bargaining unit shall accrue 12 hours of sick leave per month. 40 hour per week employees in the bargaining unit shall accrue 8 hours of sick leave per month. Sick leave may be accumulated up to a maximum of 720 hours for shift personnel and 480 hours for 40 hour per week employees. Sick leave shall be charged on an hour for hour basis.
12.2(a) Approved Uses of Sick
Leave
Sick leave may only be
utilized for employee sickness, sickness in the employee's immediate family,
necessary medical and dental appointments, injury, disability, pregnancy, for
quarantine by health authorities or as approved by the
12.2(b) An employee requesting sick leave beyond the time limitations
set forth in section 12.5, shall provide a Doctor’s certificate to the
12.2(c) Abuse of Sick Leave
Abuse of sick leave benefits shall be
grounds for immediate disciplinary action including but not limited to
dismissal. For the purpose of this article, disciplinary action shall refer to
Group Two Offenses in the Administrative Guidelines. Examples of Abuse of Sick
Leave include a pattern of calling in sick on pre-scheduled overtime; excessive
use of sick leave without a proof of illness slip; and/or a pattern of usage
before vacation or overtime, (before or after) during that pay period,
weekends, trade time, holidays, birthdays, etc.
12.3 Immediate Family
For purposes of this
Article, Immediate Family is defined as a spouse, child, father, mother, foster
child or any financially dependent relative living in the employee's household,
or any person of which the employee is the legal guardian.
12.4 Notification of Absence
Notification of
absence due to illness or injury shall be given to the Officer in charge as
early as possible. However, all employees must provide at least one (1) hour advance notice of their inability to report for duty
due to illness / injury. Calls should be minimized between the hours of 2200 -
0530 hrs
12.5 Excused and Unexcused Sick Leave Requirements
Each Fifty-six (56) hour per week employee shall be granted three (3) unexcused instances of sick leave per calendar year. Each Forty (40) hour per week employee shall be granted three (3) unexcused instances of sick leave per calendar year. For employees absences thereafter, the employee must present a medical certificate at the employee’s expense during their first shift back to work. An unexcused absence shall be defined as a return to work from an off duty sickness or injury without presenting a Doctor's certificate. A Doctor's certificate shall also be required of any employee returning to work after the use of two (2) or more consecutive shifts/days of sick leave. If the department can show a pattern or practice of sick leave use / abuse, it may require the employee to be seen by the district’s physician for the purpose of confirming said illness / injury. The district shall be responsible for payment of examination.
ARTICLE 12 SICK
LEAVE
12.6 When Accumulated Sick Leave is expended
When an employee's term of illness exceeds his/her accumulated sick leave, he/she may use his/her accumulated vacation time, rather than applying for leave without pay.
12.7
Sick leave and Line of duty death payment
(a) Payment for accumulated sick leave: Employees who leave the
department with fifteen (15) years of
continuous service will be eligible for payment for
100% of their accumulated sick leave and 50% after 10
years of continuous service. Such
amount will be paid directly to the eligible
employee or the last stated beneficiary on file
with the district. Employees who leave the District between the beginning of their sixth
year to the end of their ninth year shall be
eligible to receive payment in the amount of
25% of their
accumulated sick leave.
(b)(1) Sick Leave:
Forfeiture: If an employee leaves his or
her employment, or is terminated prior to five (5) years of continuous
service, then the accumulated sick leave shall be forfeited. Employees who leave the District between the beginning of their sixth year to the end of their ninth year
shall be eligible to receive payment in the amount of 25% of their accumulated
sick leave.
(b)(2) Sick Leave Payment In the Event of
Disability: However, if an employee has
to leave the fire service due to a permanent disability certified as such by a
physician that arose or occurred during the course and scope of his or her on
the job duties and responsibilities, then such employee will be eligible for
100% of his or her sick leave time.
(c)(1) Line of Duty Death
Payment: An employee who dies in the
line of duty, the estate
and or beneficiary of the employee shall be eligible to receive
100% of his or her sick leave time.
(c)(2)
The District shall also provide the estate with a separate thirty (30) days of
sick leave payment in Honor of the individual’s service to the District.
12.8
After an employee has accrued at least 30 shift days of sick leave, the
employee may
elect to request the District to pay him or
her for any such excess time at the
employee’s
then current hourly rate. Payment shall be made on said employee’s
anniversary date.
12.9 After an employee has accrued sick leave maximum in accordance with 12.1, (720 hours and 480 hours) the employee may elect to request the District to convert any such excess time on said employee’s anniversary date in accordance to the conversion as follows:
Hours Used Shift Hours Converted
24 96 hours sick to 48 hours vacation (4 for 2)
48 48 hours sick to 24 hours vacation (2 for 1)
Hours Used Admin Hours Converted
8 32 hours sick to 16 hours vacation (4 for 2)
16 16 hours sick to 8 hours vacation (2 for 1)
ARTICLE 12 SICK
LEAVE
"SAMPLE"
(Minimum Information Required)
DOCTOR'S CERTIFICATION OF ILLNESS/INJURY
Employee Name:
is my patient and was under my care.
Print Doctor's Name
_____________________________________
Doctor or authorized Medical Assistant Signature
______________________________________
ARTICLE 13 LEAVE OF ABSENCE
/ BEREAVEMENT
Bereavement Pay
13.1
Bereavement
leave, shall be granted to a full-time employee, with pay, as a result of a
death in the employee’s family (which shall be understood for example, the following persons: husband,
wife, father, mother, brother, sister, son, daughter, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, grandfather, grandmother, aunt,
uncle, niece, nephew, grandchildren, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, foster child, or guardian). Employees shall
be provided a maximum of forty eight (48) work hours off for funeral attendance
or other bereavement.
Without
Pay
13.2 Leave
of absence, without pay, may be granted to a full time employee. All written
requests for leave of absence must be submitted to the
13.3
If the time during which an employee is on leave with pay exceeds the
amount allotted in 13.1 the exceeding time shall not count toward eligibility
for raises or pension time.
Leave with Pay
13.4
All written requests for leave of absence must be submitted to the
13.5
If the time during which an employee is on leave with pay exceeds the
amount allotted in 13.4 the exceeding time shall not count toward eligibility
for raises or pension time.
ARTICLE 14 JURY DUTY, SUBPOENAS AND TIME TO VOTE
14.1 Any
employee receiving a subpoena for jury duty shall be given full pay for the
time he/she serves while on duty. It is agreed that members of the district
shall not be excused from duty for the remainder of the duty shift. In any case
the employee shall be released, two (2) hours prior to the time required to
report for jury duty, and will report directly to the station after the
completion of jury duty.
14.2 Any employee subpoenaed to appear for a
deposition in court or at any attorney's office while off-duty for any
job-related reason bearing on the performance of his/her employment duties
shall be paid at one and one-half times his/her hourly rate
for such time, plus one (1) hour for travel.
The employee shall be entitled to the witness fee on or off duty.
14.3 Employees
serving on jury duty, while on duty, shall give the District any jury duty fees
received.
14.4 Employees
subpoenaed for a work related case shall notify the District
of such subpoena as soon as possible.
14.5
Employees subpoenaed for a work related case
shall be dressed in the appropriate uniform.
ARTICLE 15 VACATION/ANNUAL LEAVE
15.1 All non-probation, full time employees are
entitled to use vacation leave.
15.2 SCHEDULE
FOR VACATION ACCRUAL RATE
ANNUAL LEAVE ANNUAL LEAVE
LENGTH OF. 56 HR. 40 HR.
SERVICE WORKWEEK WORKWEEK
1-5 years 120 80
6-10 years 216 144
11-15 years 264 192
Over 15 years 288 220
15.3 Vacation leave shall be
issued on the employee’s anniversary day. All employees will be charged on an
hour-for-hour basis for time used as vacation.
15.4 Regular employees who are terminated, resign, or retire, shall be paid for any accrued vacation earned but not taken to the date of termination, resignation or retirement.
15.5 Employees may accrue and
carry over a total of no more than one (1) year’s worth of unused vacation time based upon the
employee’s length of service. Employees must use one half (1/2) of their
yearly vacation leave as time off from work. Any remaining unused
vacation time at the end of the year shall be paid out to the employee at the
employee’s then current hourly rate. Vacation leave may be used as sick leave
only if the individual’s sick leave has been exhausted.
15.6
All requests for vacation leave must
be approved by the employee's supervisor in writing before it is actually taken
15.7 No employee shall be granted annual
leave unless the time granted shall have already accrued or will accrue prior
to the start of the vacation.
15.8 No pre paid vacations will be allowed at this time
15.9 Employees shall select shift vacation time by seniority in department. Vacation time selection shall be accomplished in October of the preceding year. Vacation requests that encompass a holiday will have its availability rotated through the remaining shift personnel before a shift member that has previously utilized it for vacation may be permitted to use it again.
15.10 Request for vacation must be
submitted ten (10) working days in advance for forty hour
(40) personnel
and five (5) shift days for fifty-six (56) hour personnel to guarantee
approval. If shift request is made within less than 5
shift days mandatory overtime will
not be
used. All shift request must be made within 72 hours
ARTICLE 16 HOLIDAYS
16.1
All 56 hour employees will receive pay of 12 hours for each holiday
recognized.
16.2 All
40-hour employees shall receive the day off with pay for each holiday. The day
off shall coincide with that of management and staff of the Matlacha/Pine
Island Fire Control District.
16.3 The
following are the recognized holidays for this Agreement.
New Years Day January 1
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veterans Day November 11th
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25
Martin Luther King Day As designated
16.4 An employee that calls out sick on their
duty day before, the day of, or on their duty day after a
paid
holiday shall not be eligible to receive said holiday pay. An exception to this
rule would
be if
the sick time is the result of an illness/injury received on duty and/or
involves Workers
Compensation.
(change ratified 9/22/10)
ARTICLE 17 HOURS OF WORK/OVERTIME
17.1 HOURS OF WORK - WORK SHIFT
The existing Matlacha/Pine Island Fire Control District daily agenda
shall remain in force and unchanged during the course of this agreement during
normal situations. Should it be necessary in view of emergencies or urgent
situations to establish schedules departing from the normal, the DISTRICT will
give advanced notice to all affected employees, as soon as possible. Bargaining
unit personnel will be considered in a ready state after 1600 hours on normal
workdays. For designated holidays and weekends the bargaining unit will be
considered in a state of ready after noon.
17.2 HOURS OF WORK - WORK SCHEDULE
All hours shall be counted as hours worked in regards to FLSA. The
schedule is such that an employee who is scheduled to work one 24-hour shift on
and then shall have two consecutive days off.
17.3 No more than 72 consecutive hours may be
worked without a 12-hour break.
The 72 consecutive hours must
start the day before your regular shift.
If trade time is involved in
the 72 consecutive hours, the trade time must occur on
the
day before your regular shift.
72 consecutive hours may not
be worked if the individual has been involved in
working
a major fire or incident. Safety is the primary concern, the Chief and the
Captain on duty may
collaborate on this decision.
OVERTIME
17.4 Overtime
for employees in the bargaining unit shall be defined as all hours worked in
excess of their normal shift, not excluding the FLSA 3 hours from 53 to 56
hours per week.
17.5 Overtime hours worked
shall be paid at one and one half times the employee’s hourly pay rate.
17.5.1 An employee that calls
out sick on their duty before, or their duty day after, working overtime
(not to include the 3 hr. FLSA) shall now be compensated at
straight time pay for said
overtime worked. Exceptions to this rule shall be if the
sick time is due to an injury received
on duty, and/or involves Worker’s Compensation or if the
overtime was mandatory.
17.6 Employees
held over beyond their normal work shift shall accumulate hours worked in one
quarter (1/4) hour increments rounded up, this time not being considered called
back time.
17.7 Employees
called back to work shall receive a minimum of 2 hours pay.
17.8 Employees
called to work earlier than normally scheduled, however in conjunction with a
scheduled workday, shall be paid in increments of one-quarter (1/4) hour
rounded.
(change ratified
9/22/10)
ARTICLE 17 HOURS OF WORK/OVERTIME
OVERTIME
SCHEDULING
17.9 Scheduling of overtime is based on seniority and amount of overtime scheduled for the time period beginning October 1st and ending September 30th each fiscal year.
17.10
The senior employee of the same rank needed with the least amount of
hours scheduled will be called first.
Overtime will be filled in this manner; from the employee with the most
amount of seniority in position and the least amount of overtime scheduled to
the employee with the least amount of time in position and the most amount of
overtime scheduled.
17.11
Overtime positions shall be filled rank for rank, unless no one is
available. Overtime shall be filled by
the next lower rank and so on, until the position is filled. If necessary the overtime shall even be
filled by the next higher-ranking position.
17.12
Overtime will be scheduled by contacting employees on the department
paging system for short notice overtime,
and the department paging system and department email for any overtime other than short notice. For overtime that is other than short
notice and scheduled in advance,
the Captain shall designate a cutoff time by
which a member of the needed rank shall respond. The members shall have two (2)
shift days (six calendar days) from the date/time of the page and email as a
minimum time to respond, by email or phone call, whether they want to accept
the overtime. Immediately after the cutoff time the Captain will fill the
overtime in the manner described in 17.9 through 17.12.
17.13
Overtime may be scheduled up to 3 months in advance, but the hours will
be added to the posted overtime list at the time of scheduling. All overtime (minimum of 1 hour increments)
will be added to the current list. A
shift member may accept a maximum of 2 consecutive overtime days before the
list automatically moves to the next employee.
This is only for consecutive days; if a member is first on the list and
has a considerable amount of hours available to work they may be scheduled to
fill these hours, so long as it does not exceed 2 consecutive 48-hour shifts.
SHORT
NOTICE OVERTIME SCHEDULING
17.14
Short notice
overtime is any overtime that is needed immediately or the next shift day.
The Captain will
fill short notice overtime first from members of the on duty shift. If no
member on duty accepts the overtime then the Captain will utilize the
department paging system to contact all personnel of the needed rank to fill
the overtime. For short notice overtime, personnel have one (1) hour to respond
to the page. After one (1) hour the Captain will fill the overtime in the
manner described in 17.9 through 17.12. An employee must accept or reject short
notice overtime immediately, in order for the position to be filled in a timely
manner.
17.15 If an employee
cancels vacation time that causes overtime, those scheduled overtime
hours will be
deducted from the overtime list for that employee immediately
(change ratified
9/22/10)
ARTICLE 17 HOURS
OF WORK/OVERTIME
SCHEDULING MANDATORY
OVERTIME
17.16 The following conditions will cause
the need for mandatory overtime.
1. Less than 9 qualified
personnel available for duty at any time, including the
following minimum position staffing levels.
i.
Less than 1 captain or qualified acting captain.
ii.
Less than 3 engineers and 1 qualified acting engineer.
iii.
4 or more firefighters.
17.17 Before an employee
is required to serve mandatory overtime, the following steps
must be taken:
1. All qualified personnel must be contacted or alpha paged.
2. Those eligible employees on vacation or sick leave will become eligible and must also be contacted.
3. Mandatory overtime can be
offered in 12-hour increments.
4. Mandatory overtime may not be used beyond 48
consecutive hours worked.
Mandatory overtime
will be served on a rotating basis, starting with the employee with
the least amount of seniority in that position.
17.18
a. Compensatory
time will be optional for 40 hour employees and shall be accrued at
1-1/2 times the hours worked. The employee shall inform his captain or
chief if
the
time shall be designated as compensatory time or overtime when it is earned.
b. Request for compensatory time must be submitted ten
(10) working days in advance of such time.
In the event that request for compensatory time is submitted less than
ten (10) days in advance of such time, its approval shall be at the discretion
of the
(change ratified 9/22/10)
ARTICLE 18 UNIFORMS AND EQUIPMENT
18.1 The
District shall furnish, in a timely manner, all new full time employees with a
uniform as set forth below. The listed
uniforms shall be clean and available at all times while on duty.
Four (4)
Uniform Pants or a combination of a minimum of 2 long pant and shorts.
One (1) Dress Uniform Pants
Two (2) Dress Uniform Shirts
Two (2) Gym
shorts
One (1)
Pair of long sweat pants and sweat shirt.
These may be worn after hours only, sweatshirt
may also be worn for cold weather.
One (1) Winter Jacket
One (1) Badge
One (1) Name Tag
One (1)
Jumpsuit
One (1)
Ball cap
Five (5)
Tee shirts employee’s choice of long or short.
One (1)
Belt
One (1) Black tie worn with dress uniform.
18.1(a) The dress shirt and long pants shall
be worn for school visits, official public appearances,
inspections, and other events as designated by the
Black
shoes shall be worn with no stripes or reflective logos. They shall be kept polished in neat
appearance and must be securely fastened (zipped or tied). The black shoes are the responsibility of
each individual.
Only
District issued clothing and hats may be worn while on duty.
18.2 The employees in the bargaining unit shall
maintain uniforms through replacement of up to (3) uniform pants or a
combination of a minimum of 1 long pant and shorts, (3) tee shirts and (1) ball
cap per fiscal year provided by the District.
18.3 The employee is responsible to wear these
uniforms and report to work with them being clean and neat in appearance. The
wearing of the Jumpsuit in lieu of the Uniform will be allowed for activities
or times as designated by the District.
18.4 All items provided by the District, remains the property of the District and are to be used in
accordance with the departmental work rules. Upon separation, all items, other
than those worn-out through normal use, must be returned (or paid for) by the
employee before their final paycheck will be issued.
18.5 The
District shall provide all necessary protective equipment to include the
following:
One (1)
Full set of Bunker Gear
One (1)
Head Sock
One (1)
Pair structural gloves
One (1)
Structural helmet
One (1) SCBA
mask
One (1)
Raincoat
ARTICLE 18 UNIFORMS AND EQUIPMENT
18.6 The District shall also provide either to the individual
employee or make available to each on duty employee the following equipment:
One (1) Flashlight
One (1) Pass Alarm Device
One (1) Pocket Mask or similar safety device
18.7 In the
event any issued articles are lost, stolen, or otherwise unusable, the employee
must notify the District immediately. The District shall determine the cause of
such shortage and, if not through negligence of the employee, the District
shall replace the item(s). However, if the shortage is due to the employee’s
negligence, the employee shall pay for replacement at a maximum of $25.00 per
pay period. Replacement of uniforms for any reason “unless damaged due to
emergency response” is limited by the fiscal year quantities established in
section 18.2 of this article, unless otherwise approved by the Fire
ARTICLE 19 TRADING TIME
19.1 A written substitute request must be
approved by the shift supervisor, if longer than 4 hours in duration. If the substitution is to be 4 hours or less
it shall not be required to comply with 19.3, but must be verbally approved by
the shift supervisor.
19.2 Trading of time will be on a rank for rank
basis, unless said member is qualified to work in an “acting capacity” or as
otherwise approved by the
19.3 All trade time should be submitted at least 24 hours prior to the date needed.
19.4
It is up to the employees of the department to
keep track of time owed by employees for whom they have worked.
19.5 The district is not liable
for one employee paying another employee time owed. Employees shall enter into these agreements
amongst themselves.
ARTICLE 20 EDUCATION
20.1 The
Matlacha/Pine
20.2 This
allotted $800.00 shall
be used to pay for tuition and required course material, so long as the
required course material is not in the possession of the district for use by
the employee. It may also be utilized in paying the per diem, travel and lodging
cost if the seminar/school is out of the Lee/Collier or
20.3 If the
employee is attending a course for college credit, or has successfully
completed a seminar, the employee shall be reimbursed for said course and
material after he/she passes the course and submits the course grades and or
certificate to the district. If the employee does not pass said course he/she
is still eligible for reimbursement for course material when it is turned into
the
20.4(a) An employee may transfer up to $400.00 of educational
funding to another employee for approved use.
20.4(b) Notwithstanding the provision of subsection
20.4(a) above, the
20.5 An
employee attending an approved class/course shall be reimbursed meals for the
appropriate city as defined in Florida Statutes, section 112.061. If the
employee utilizes his/her own vehicle for out of town district business
travel/class etc. the district shall reimburse the employee mileage cost as
defined in Florida Statutes, section 112.061.
20.6
Employees
will be responsible for repayment for any education and related cost paid by
the
district, as it relates to Article 20, if
the employee leaves within one year of the completion of said school. The
district may deduct this entire amount from the balance of pay still due the
employee at time of separation.
20.7(a) Each employee will receive an annual allocation of 48 education hours to be use for time off to
attend any classes as approved in Article 20.1.
20.7(b) An employee may transfer up to 24hrs of allotted education hours to another employee for approved use.
(change ratified 9/22/10)
ARTICLE 20 EDUCATION
20.8 The union has agreed to freeze education for one year from October 1, 2010 to October 1, 2011.
(change ratified 9/22/10)
ARTICLE 21 INCENTIVE PAY
21.1 Employees within the bargaining unit shall be eligible to receive the following hourly incentives.
Line Personnel
EDUCATIONAL INCENTIVES JOB-RELATED INCENTIVES
CERTIFICATION HOURLY TITLE HOURLY
EMT .55
EMT II .85 S.C.B.A.
Tech 1.05
Paramedic .80 Vol.
Coordinator 1.05
Instructor I .55 Boat
Coordinator 1.05
Instructor
II .65 Bunker
Gear Coord. .55
Instructor III .75 Medical
Coordinator .50
Fire Officer I .55 C.P.R.
/ S.A.E.D. Instructor .30
Fire Officer II .80 Boat Trainer .30
Fire Inspector II .75
Fire Investigator I .55 Only the highest level attained paid in
Fire Investigator II .75 multi-level certifications: Instructor,
Certified Pump Operator .55 Officer, EMT, Inspector and Investigator.
Haz-Mat Tech. .55
Boat Trainer: Maximum of 2 per shift, which includes the coordinator.
Vol. And Boat Coordinators position will be
paid at a lesser amount (.70) if the
individual does not meet the qualifications
Unless specified incentives are available to all Members. SCBA Tech, Bunker Gear coordinator and medical coordinator will have 2 member positions, vol. and Boat coordinator will be 1 member positions
EDUCATIONAL INCENTIVES JOB-RELATED INCENTIVES
CERTIFICATION HOURLY TITLE HOURLY
EMT .55
EMT II .85 S.C.B.A. Tech 1.05
Paramedic .80 Vol. Coordinator 1.05
Instructor I .55 Boat
Coordinator 1.05
Instructor
II .65
Bunker
Gear Coord. .55
Instructor III .75 Medical Coordinator .55
Fire Officer I .55 C.P.R. /
S.A.E.D. .30
Fire Officer II .75 Boat
Personnel .30
Firefighter .55 Fire
Extinguisher Tech .30
Fire Investigator I .55
Fire Investigator II .75
Certified Pump Operator
.55
Haz-Mat Tech. .55
ARTICLE 21 INCENTIVE PAY
CERTIFICATION HOURLY
E.V.T. Fire
Apparatus Tech. I .55
E.V.T. Fire Apparatus Tech. II .80
E.V.T. Fire Apparatus Master III 1.05
E.V.T. Ambulance
Tech. I .55
E.V.T. Ambulance Tech. II .80
E.V.T. Ambulance Master III 1.05
A.S.E. Certification .35 each
21.2
Once an employee successfully completes one of the above stated courses
of education for the current job classification the employee shall submit proof
of said completion to the district. The employee’s hourly pay status shall be
changed on the start of the next pay cycle.
21.3
The department shall pass on to the employee any funds received from
the state for an approved degree
21.4
The
qualifications for the Job-Related incentives listed in 21.1 shall appear in
Appendix “A”
21.5
In
the event no bargaining unit employees apply or are qualified for the
Coordinator’s positions, the department may fill these positions outside the
bargaining unit.
21.6
Employees
being paid for any of the incentives listed in article 21 may be required by
management to utilize them during normal work shifts and if possible, during
normal work hours. After hours utilization for certifications such as CPR instructor,
basic instructor and the like shall be kept to 3 times or less per year for
each incentive applicable. Employees desiring to work on district function that
require the use of any incentive shall be compensated at time and one half
their standard hourly rate if not on shift.
21.7
The
qualifications for Hazardous Materials Technician shall be as follows:
21.7.1 Meet or exceed OSHA 1910.120
(q)(6)(iii) A-I or NFPA 472, Chapter 4
21.7.2 24 hrs of continuing education in
Hazardous Materials related to these standards (Haz-Mat.
Tech), annually
21.7.3
Classes
are to be taught by a competent agency (ie,
21.8(a) An EMT
II incentive certification program shall be set up and implemented in accordance
with the attached
schedule. The hourly rate will be 0.85 cents per hour.
21.8(b) Employees who successfully
complete the EMT II program shall
be paid retroactively
to the
date they commenced
study under the program.
ARTICLE 21 INCENTIVE PAY
21.8(c) An employee failing his/her initial advancement testing may retest at
the first available
testing date after the initial testing but no later than sixty (60) days. If the employee passes this retest, the employee shall be paid
retroactively to the date he
or she commenced study under the program. An employee failing his/her
second advancement testing shall have to retake and complete the course program before
retesting will be permitted. Retroactivity will be made effective as to the
date of the commencement of the retaken class.
21.8(d) The
EMT II course will be provided no more than twice per year as needed.
21.8(e) All
bargaining unit members, excluding mechanics and other non-shift
personnel,
will strive to complete the entire EMT II program; meeting
all of the requirements as defined by the Lee County Medical
Director. This shall include
phlebotomy training if the Lee County Medical Director
determines it is to be part of the
program. If such training is determined
to be part of the program, it must be passed to
receive the full EMT II certification
The remaining items set forth are included herein. The payment for this
program shall be separate from and in
addition to the educational supplement provided in Article 20. This program shall include paid time off if
so needed to complete its requirements, should the program not be conducted
in-house. EMT II classes will be
provided while on duty,
rotating stations or utilizing off duty overtime personnel so all on duty
shift personnel can attend. If on duty
training cannot be obtained due to station location and instructor availability, overtime will
be paid for off duty attendance. All bargaining unit members, exclusive of
mechanics and other non-shift personnel, shall be required to commence the
program and shall strive to complete it.
21.9(a) Employees who earn an Associates degree shall receive
a $.50 per hour education incentive payment. Employees who earn a Bachelor’s
Degree shall receive a $1.00 per hour educational incentive payment. Employees shall be paid for one degree. Thus, if an Employee has earned an Associate’s Degree and then earns a Bachelor Degree, the Employee will receive incentive
payment only for the Bachelor’s Degree, not both degrees.
21.9(b) To qualify under this incentive
program, the degree received
must be certified by the
State Fire College as an appropriate
degree for the fire
services profession.
21.10 In the event that
existing coordinator
positions become open, Qualified
applicants for such
positions will be selected based on senority in the district.
21.11 The addition of (1) Bunker gear coordinator and (1) Medical coordinator will require the selection of applicants based on senority in the district.
ARTICLE
22 RETIREMENT
PLAN
22.1.1 On October 1st, 2001 the Matlacha/Pine Island Fire Control District entered into and participated in the Florida Retirement System, Chapter 121 for all new employees and those existing employees who desired to change from the then defined contribution retirement plan which is now known as “Profit Share plan. The employee’s time in the Florida Retirement system thus commenced October 1st, 2001, and did not include any service credit prior to that date.
22. 2 Existing employees who have remained in the department’s retirement plan shall have the department’s contribution mirror that of the Florida Retirement System, Chapter 121.
22.3 All new employees shall be entered into the
ARTICLE 23
HEALTH, DENTAL, LIFE & SHORT
TERM DISABILITY INSURANCE
23.1 Employees
shall be provided with health and life insurance coverage after a one-month
period of employment. The district shall pay the employee’s coverage. The
health coverage for the employee’s dependents, as defined by the District’s
current carrier, shall be paid as described in 23.2.
23.2 Years
of Service % paid by district % paid by employee
0
up to 1 0 100
1
up to 3 75 25
3 and up 100 0
23.3 Employees shall be provided with a $ 25,000
life insurance policy.
23.4 The
district shall have the right to change insurance carriers as it sees fit, but
shall not reduce the coverage’s or coverage levels.
ARTICLE
24 DISCIPLINE
AND DISCHARGE
24.1 The disciplinary actions of
the district consisting of: suspensions without pay, involuntary demotions, and
dismissals shall be subject to arbitration.
24.2 The district retains the
right to discipline any employee for just cause. An employee is not entitled to
any particular number of warnings prior to the imposition of discipline. Discipline
shall be progressive. The district shall follow the Fire Fighters “
24.3 In determining the
appropriateness of discipline, the district shall consider the seriousness and
frequency of offenses, the employee's work history, past discipline during the
previous sixteen months and any other factor relevant to fair and appropriate
discipline. Progressive discipline
should be applied unless circumstances require deviating. The district agrees
to discipline employees for just and proper cause.
24.4 Disciplinary actions older than sixteen (16) months shall not be
considered in determining the appropriateness of discipline.
24.5 An employee shall have the right to an informal hearing prior to the imposition of discipline. At the hearing, the employee shall be informed of the following:
(a)
The employee's right to representation;
(b) The charges under consideration; and
(c) The general facts that form the
basis of the disciplinary action.
24.6 An employee subject to
questioning regarding a disciplinary matter shall be informed of his right to
representation except when an employee is questioned at or immediately about
the time an incident occurs for the sole purpose of gathering informal facts.
24.7 For the purpose of this
Article, one (1) day is equal to twelve (12) hours for 56-hour members and (8)
hours for 40-hour per week members.
ARTICLE
24 DISCIPLINE
AND DISCHARGE
24.8 The following are some, but not all of the
listed conducts or offenses
prohibited along with the suggested progressive discipline. The penalty for any
district infraction shall always consider progressive discipline if the district
believes the employee can be rehabilitated.
1. AWOL, 2 or fewer hours: 1st; written warning
and no pay for time missed, 2nd; written reprimand and no pay for
time missed, 3rd; 1 shift day off and no pay for time missed, 4th;
5 shift days off and no pay for time missed, 5th; dismissal.
2. AWOL, more than 2 hours: 1st; written
reprimand and no pay for time missed, 2nd; 1 shift off and no pay
for time missed, 3rd; 5 shift days off and no pay for time missed, 4th;
dismissal.
3. Personal appearance: 1st;
written warning, 2nd; written reprimand, 3rd; 1 shift day
off, 4th; 3 shift days off, 5th; dismissal.
4. Gambling (when in violation of
Florida Statutes 849): 1st;
written reprimand, 2nd; 1 shift day off, 3rd; 3 shift
days off, 4th; dismissal.
5. Horseplay- when such activity
contributes to the ineffectiveness or injury of the employee, the public,
another employee or damage to property occurs:
1st;
1 shift off, 2nd; 3 shift days off, 3rd; dismissal.
6.
7. Unauthorized possession of
weapons: 1st; 3 shifts off up
to dismissal, 2nd; dismissal.
8. Use of tobacco in unauthorized
areas: 1st; written warning,
2nd; written reprimand, 3rd; 1 shift off, 4th;
3 shifts off, 5th; dismissal.
9. Fabricating, destroying,
withholding or falsifying evidence, documents or records: 1st; written reprimand up to 1 shift day
off, 2nd; 3 shifts off, 3rd; dismissal.
10. Possession, use, being under the
influence of any improper substance,
whether drugs or alcohol, this conduct shall be read consistent with this
agreements Alcohol / Drug testing provisions as set forth in Article 32: 1st; 1 shift off and
completion of EAP program, 2nd; dismissal.
11. Endangering the health and safety
of others: 1st; written reprimand,
2nd; 1 shift off, 3rd; 3 shifts off, 4th;
dismissal.
12. Stealing: 1st; written reprimand
up to dismissal, 2nd; dismissal.
13. Placed under arrest for any
felony or a misdemeanor relating to misleading of false statements: The
district shall have the right to suspend the employee with pay until the
charges are resolved.
14. Insubordination: 1st; written reprimand
up to 1 shift off, 2nd; 1 to 3 shifts off, 3rd; 5 shifts
off; 4th; dismissal.
15. Sexual Harassment: 1st; written reprimand
up to dismissal, 2nd; 3 shift off up to dismissal, 3rd;
dismissal.
16. Conviction of a felony or
misdemeanor relating to misleading and/or false statements or pleading no
contest to any charge of a felony. It shall not matter whether or not the
employee is formally adjudicated guilty or there is a withholding of
adjudication of guilt by the court. Dismissal
ARTICLE 25 MILITARY LEAVE
25.1 Employees who are members of any Armed Forces Reserve shall be
entitled to all rights as stated in the Uniformed Services Employment and
Reemployment Rights Act (USERRA) of 1994, as amended,
and applicable Florida Statutes pertaining to the same.
ARTICLE 26 STATION FACILITIES
26.1 Living facilities shall be provided for those employees working, during their assigned shifts or tours of duty. Such facilities shall include: well-ventilated, air-conditioned and adequate sleeping quarters, showers, bathrooms, dining areas, study areas, kitchen, and lounge with color television.
26.2 At each station, one
of the above listed areas may serve one or more of the listed functions
described above.
26.3 In the
event it becomes necessary for the District to modify or change any of the
existing living facilities, it shall assure that the total living facilities of
each station shall not be reduced below the equivalent of those existing, as of
the effective date hereof.
26.4 Employees
shall keep fire station or stations and all their quarters in well-maintained
appearance.
26.5 All
24-hour employees will be furnished with full size lockers.
26.6 A Union
desk / file cabinet, at the expense of the
26.7 The
District shall, without cost to the employees, provide adequate and safe
parking facilities within reasonable distance of its owned or operated
buildings and facilities.
ARTICLE 27 PREVAILING
RIGHTS
27.1 All
rights, privileges, fringe benefits and working conditions enjoyed by the
employees shall remain in full force and unaffected, unless changed by mutual
consent in writing.
ARTICLE 28 GENERAL
PROVISIONS
28.1 Meetings
between parties: At reasonable request of either party, the
28.2 Line of
Duty Death: The District agrees to pay all medical and hospitalization
insurance coverage for the dependents of an employee who is killed in the line
of duty as outlined in Florida State Statutes, Chapter 112, Section
l91.
28.3 The
District shall defend and hold harmless employees sued as a result of the
operations of the District, but only to the extent that the employee is
currently covered under the District's liability coverage.
28.4 Anniversary
Date: The anniversary date of an employee shall be determined from the first
day of his employment provided his employment is continuous. Adjustments shall
be made for temporary leaves of absence, that exceeds 6 (six) months granted
leave, unless otherwise provided herein. The employee returning from a leave of
absence shall have his or her Anniversary Date adjusted to reflect the amount
of time he was on leave.
28.5 If
any Article or section of this Agreement should be found invalid, unlawful, or not
enforceable, by reason of any existing or subsequently enacted legislation or
by judicial authority, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this agreement.
28.6 In the
event of invalidation of any Article or section, both the District and the
28.7 The
District will give notice to the
ARTICLE 29 ANNUAL
PHYSICAL EVALUATIONS
29.1 The
District shall provide all its employees with an annual physical evaluation
according to the guidelines and conditions set forth herein. In this regard, regular medical evaluations will
be coordinated by an MD or DO who agrees to follow the NFPA 1582 guidelines for
Comprehensive Occupational Medical Programs and who is accredited by the
American Board of Medical Specialists or the American Osteopathic Association. All or part of the evaluation may be done by
a private physician if all such information is promptly forwarded to the Fire
District’s designated MD or DO. The
District’s Health and Safety Officer will maintain active liaison with the
designated MD or DO.
With the foregoing in mind, all
District employees will be evaluated according to the following schedules for
evaluation:
I. Basic Annual Evaluation
The basic evaluation will include the items listed
within this subsection.
History and physical exam
CBC and urinalysis
Chem 12
panel
Lipid panel
Vision screen
PAP smear (women)
Immunizations and Infectious disease screen per NFPA
1582(7.11)
Work place drug/alcohol
testing as required by
will be undertaken and evaluated
as part of the CBC and urinalysis evaluation noted above.
II.
The following items will be provided every two years for evaluations.
Audiogram
Spirometry
EKG
III.
Intermittent evaluations
PSA (men) annually above 40 years
Chest x-ray-Baseline and then every five years unless change in medical
status would
dictate
otherwise
Mammograms (women)
Baseline (once) between 35 and 40 years
Every two years between 40 years and 50 years
Every year after 50 years
Cardiac stress testing - Treadmill with both EKG and ECHO or isotope
imaging
Less than 50 years if 2 or more risk factors present:
Abnormal lipids, high BP, smoking within last 3
years,
diabetes or
family history (MI or sudden death in first degree relative
After 50 years - Baseline study and then every 5 years if no change in
risk factors or symptoms
ARTICLE
29 ANNUAL
PHYSICAL EVALUATIONS
29.2 Basic Annual Evaluations scheduled
through the Districts Physician will be scheduled by
The District. Any
Employee requesting to use an approved outside Physician shall be
responsible for any scheduling.
29.3 Basic Annual Evaluations will be
scheduled to be completed while personnel are on duty.
If scheduling of Evaluations necessitates/overtime
will be paid for any off duty hours.
29.4 Intermittent
Evaluations will be scheduled to be completed while personnel are on duty.
If scheduling
necessitates/ overtime will be paid for any off duty hours.
ARTICLE 30 PAGERS
30.1 Pagers
The District provides
each employee with a pager, which all employees are expected to carry at any
time they are away from their residence, except in times which the employee is
out of town, otherwise unable to respond or where wearing the pager could cause
damage to district property. Employees
must maintain the issued pagers in working condition. Should a problem exist
with the pager, the employee must notify the District immediately. The district
shall provide for replacement or repair. The District will provide batteries
for these pagers. The district shall provide insurance for these pagers and no
employee shall be required to pay for any damage caused to a district pager
unless the employee was negligent with the district property.
30.2 If an
employee was found to be negligent with regards to pager damage the district
shall deduct no more than $ 25.00 from each employee paycheck until the
insurance deductible is paid.
ARTICLE 32 ALCOHOL/DRUG TESTING
32.1 The
Matlacha/Pine
32.2 The District and bargaining unit members or non-members agree to support the substance abuse policy adopted by the District in 1994, and set forth in its Administrative Guidelines and incorporated by reference herein..
32.3 This Article shall be read consistent with
Article 29.
ARTICLE
33 PROMOTION
/ ACTING OUT OF CLASSIFICATION
33.1 Engineer
Fire Fighters desiring to promote to engineer shall complete the
following objectives:
1. Work as a full time Matlacha/Pine
Island Fire Control District fire fighter for no less than 3 years; if these
are less than the required number of qualified candidates then the
2.
Attain the certification of “Pump Operator”, as
defined by the
3.
Attain the certification of “Tactics and
Strategies”, as defined by the
4. Pass a written and practical exam from the Matlacha/Pine Island Fire Control District.
The employee shall receive a score for these requirements by the department. The department shall test for the engineer’s position as needed, and said list shall be rated by the overall score and valid for a one-year period. A minimum score of 75 percent is required on each test.
33.2
Captain
Engineers desiring to promote to Captain shall complete the following objectives:
1.
Attain the certification of “Fire Officer 1”, as
defined by the
2.
Attain the certification of “Basic Instructor”,
as defined by the
3.
Work
as a full time Matlacha/Pine Island Fire Control District
engineer for no less than 3 years; if these are less than the required number
of qualified candidates then the
4. Pass a written, practical and oral exam from the Matlacha/Pine Island Fire Control District.
The department shall test for the Captains position as needed and said list shall be rated by score and valid for a one-year period. A minimum score of 75 percent is required on each test.
33.3 Notice of competitive examination for promotion shall be posted at all District stations at least
SIXTY (60) days prior to such examinations and such notices shall include the following information:
1. Date and time of examination.
2. Location of examination.
3. Title and edition of reference books that the test questions will come from.
4. The ranks being tested for.
33.4 Any time there is a need for either overtime or acting out of classification the department shall
assure the employee meets the requirements as listed in the Administrative Guidelines.
33.5 Any time an employee works out of classification for more than 8 hours he shall be compensated with a 5 % increase in pay for those hours worked. Working out of classification shall begin with the most senior and be evenly distributed amongst the employees both willing and qualified to act.
33.6 Employees qualified to act shall be eligible for overtime for that position. Overtime shall be distributed as described in 33.5.
ARTICLE 33 PROMOTION / ACTING OUT OF CLASSIFICATION
33.7 Employees that are promoted shall be placed on promotional probation for 6 months. During this time the employee shall be allowed to work overtime and exchange shifts. Promoted employees shall receive a 5 % increase in pay or be moved to the starting pay for that position; whichever is higher.
33.8 In the event the district can not fill an overtime need on a rank for rank or acting out of rank classification, the district may offer the acting out of pay classification at a 2 ½% increase on the hourly wage to the next most qualified person. This shall be based primarily on certification and then by time.
ARTICLE
34 DURATION
OF AGREEMENT
34.1 This
collective bargaining agreement shall be effective upon ratification of both
parties. This agreement shall remain in full effect and unchanged from year to
year unless amended in the manner herein after provided. This contract will
expire on September 30th, 2012. The articles contained in this
agreement shall remain in full force until renegotiated.
34.2 Either
party wishing to amend shall notify the other party in writing by February 1st
of each year, and shall include the article to be opened. During the first and
second years of this collective bargaining agreement each side may open up to
two articles. Wages shall automatically reopen each year for renegotiation and
shall not be counted as a re-opener.
34.3 If
the parties do not reach an agreement by the contract expiration, the existing
terms and conditions shall continue until a new agreement is reached or impasse
is resolved. All financial items that are agreed to after the expiration of
this agreement shall be paid in full back to said date. Negotiations shall
commence within 30 calendar days of the notification described in article 31.
ARTICLE 35 MINIMUM
MANNING
35.1
Sufficient personnel shall be maintained
on duty and available for response to emergencies.
Sufficient firefighters shall be maintained to provide a minimum of 9
employees on duty at all times except as otherwise provided for in subsections
35.4 and 35.5 of this Article.
35.2
If sufficient personnel are
not available to meet the minimum staffing requirements, the adequate
number of
firefighters shall be retained or recalled on overtime, as described in Article
17.
35.3
Minimum staffing levels shall
be as follows:
All staffing will be full time paid district employees.
a.
One Captain or qualified
acting Captain if a Captain is not available.
b.
Four Engineers; will be on duty at
all times and the fourth engineer position can be filled with a qualified
acting engineer if a fourth engineer is not available.
c. The balance shall be filled with full time
firefighters.
35.4 Under current normal
District scheduling, there are 9 persons per shift. In the event that a position cannot be filled because of short notice
leave (less than72 hours), the minimum manning
shift
number may be reduced to 8 persons.
35.5 Short notice leave shall be decided by
the Captain for purposes of minimum manning unless
circumstances
would require the
ARTICLE 36 ENTIRE
AGREEMENT
36.1 The
parties acknowledge that, during the negotiations, which resulted in this
Agreement, each had the right and opportunity to make proposals with respect to
subjects or matters not removed by law from the area of collective bargaining.
The understandings and agreements arrived at, by the parties after the exercise
of such right and opportunity are set forth in the
Agreement.
36.2 This
Agreement may be amended by mutual agreement of the parties at any time. Any
amendment must be in writing and signed and ratified by duly authorized
representatives and its members of the parties before it will be effective.
36.3 The
District and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly waives the right, and agrees, that the other shall not be obliged
to bargain collectively, with respect to any subject or matter referred to or
covered in this Agreement, or with respect to any subject or matter not
specifically referred to or covered in this Agreement, even though such subject
matter may not have been within the knowledge or contemplation of either or
both parties at the time that they negotiated this Agreement, unless otherwise
provided for herein.
ARTICLE 37 RATIFICATION
IN WITNESS WHEREOF, the
parties have set their signatures this day of , A.D. 20___.
FOR THE DISTRICT: FOR THE
Chairman, John Peckinpaugh Mike Holibinko, Vice President
David P. Bradley Sr., Fire
Ratified by the bargaining
unit this day of , 20___
(signature)
(name/title)
Ratified
by the Matlacha/PineIsland Fire Control District
Commission this day of _______ , 20___.
____________________________
(signature) (Name
& Title)
©Copyright 2012 Matlacha Pine
Island Fire Control District