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04-12-94 v { +1 MINUTES OF THE IMPASSE HEARING BETWEEN THE ATLANTIC BEACH CITY COMMISSION AND PROFESSIONAL FIREFIGHTERS OF JACKSONVILLE BEACH, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS ( IAFF) LOCAL 2622 HELD IN CITY HALL AT 7 : 15 PM ON TUESDAY, APRIL 12, 1994 Present: Mayor Lyman T. Fletcher Commissioner Steven M. Rosenbloom Commissioner Suzanne Shaughnessy Commissioner J. Dezmond Waters, III Commissioner Robert G. Weiss And: City Manager Kim D. Leinbach Deputy City Manager Jim Jarboe City Attorney Alan C. Jensen Capt. John C. Campbell (Negotiator for the City) City Clerk Maureen King And: Lt. James Hill ( Representing Firefighters ) The meeting was called to order by Mayor Fletcher who indicated that details of the items at impasse had been distributed at the meeting of February 9, 1994, and he hoped the City Commissioners had familiarized themselves with the positions of both parties. He called on Lt. Hill to present the first item. ARTICLE 5 - MANAGEMENT RIGHTS Lt. Hill indicated the union was willing to retain the language in Article 5 of the current contract and withdrew their request for a change in this article. ARTICLE 7 - RULES AND REGULATIONS Lt. Hill requested that Section 7. 5 which would have permitted Fire Department personnel to attend city meetings while on duty, be withdrawn. He requested the addition of Section 7 . 6 which provided that all rights and privileges enjoyed by the Fire Department on the date impasse was declared, be continued. Lt. Hill felt the addition of this section would provide some stability under the new Fire Chief. Captain Campbell felt that the language in Section 7 . 6 was very broad and would not allow the city to change rules, regulations, policies or procedures or the manner in which the Fire Department conducts business without union permission. Discussion ensued regarding the rights and privileges which the union wished to retain. It was felt the proposed language in Section 7. 6 was too broad and Commissioner Rosenbloom moved to amend Section 7.6 by adding the word "reasonable" before the words "rights and privileges. " The motion was seconded by Commissioner Weiss. Page Two Minutes of Fire Department Impasse Hearing April 12, 1994 Following further discussion, the question was called and the motion carried on a vote of 4 - 1 with Commissioner Shaughnessy voting nay. Discussion then ensued regarding the meaning of "reasonable" and Mayor Fletcher indicated in the event the city and the union could not agree on what was reasonable the matter would then go to arbitration. Mayor Fletcher moved to request that the union submit to the City Manager, within thirty days, a list (in general terms) of the items which they wished to retain under Section 7.6. If agreement has not been reached between the city and the union within fifteen days the City Commission will hold a hearing within a further fifteen days to resolve the matter. The motion was seconded by Commissioner Waters. Commissioner Weiss indicated he was opposed to presenting a list since he felt it would not be possible to list all the applicable items. Commissioner Waters felt employees could present a list of general areas which were important to them and which would not infringe on management ' s rights to operate the department. Commissioner Shaughnessy felt that without the list, it was impossible to know what rights and privileges Section 7 . 6 was intended to protect; however she felt the City Commission could not vote on a list prior to the list being presented. The question was called and the motion passed on a vote of 3 - 2 with Commissioners Rosenbloom and Weiss voting nay. Mayor Fletcher moved to adopt the union' s proposal under Article 7, Rules and Regulations, as amended. The motion was seconded by Commissioner Waters and was approved by a vote of 3 - 2 with Commissioners Rosenbloom and Weiss voting nay. ARTICLE 11 - PERSONAL LEAVE HOURS Lt. Hill indicated the union was asking for one additional personal leave day for Fire Department employees to bring them into line with the personal leave policies of Jacksonville and Jacksonville Beach. Captain Campbell indicated the city was proposing no change in the current Article 11 . He pointed out the personal leave policy for firefighters had been enhanced a year ago to reflect a change in the employees work period from a 16-hour day to a 24-hour day. He also pointed out that Fire Department personnel earned personal leave at a rate 33 1/3% higher than other city employees . It was pointed out that approval of this article as proposed by the union would cost approximately $3, 000. per year. Page Three Minutes of Fire Department Impasse Hearing April 12, 1994 Discussion ensued and Commissioner Rosenbloom moved to amend Article 11, Personal Leave Hours, of the union proposal to provide for an additional twelve hours personal leave time in lieu of the additional one day (24 hours) personal leave requested, and adopt the union proposal as amended. The motion was seconded by Commissioner Weiss and was unanimously approved. ARTICLE 16 - INJURY IN THE LINE OF DUTY Captain Campbell indicated the city was proposing no change in the language in Article 16 of the current contract. He pointed out an employee who was injured in the line of duty would be paid 100% of wages until Worker' s Compensation commenced. Worker' s Compensation paid at the rate of 2/3 of the employees salary and the current contract also provided that the city could cover the one-third of the employee' s salary not covered by Worker' s Compensation for a period of up to one year if the employee was observing established safety procedures. However, if the employee was negligent, he did not feel the city should be liable for the additional one third. Lt. Hill indicated he would prefer that a board, rather than one individual, review the conditions of an accident. Physical fitness was important to Fire Department employees and he expressed concern that if an employee was hurt while playing basketball, which the Fire Department felt was a part of physical fitness training, this could be interpreted as not being a job related activity. He also felt the decision of the City Manager in these matters should be a grievable issue. Commissioner Waters moved to adopt the language of Article 16, Injury in the Line of Duty, as proposed by the union. The motion died for lack of a second. Commissioner Weiss moved to adopt the language of Article 16, Injury in the Line of Duty, as proposed by the city. The motion was seconded by Commissioner Shaughnessy and carried on a vote of 4 - 1 with Commissioner Waters voting nay. ARTICLE 26 - CAREER DEVELOPMENT/FIRE INSPECTOR Lt. Hill called attention to section 26.4 and indicated one of the lieutenants was qualified to do fire inspections but pointed out that individual had not received additional compensation for doing inspections. The union also requested that firefighters holding state certification as Fire Officer One be paid a $75.00 monthly incentive. Lt. Hill pointed out this was the most comprehensive fire related course offered nation-wide and felt it was worth the additional cost to the city to have firefighters with the additional qualifications. Page Four Minutes of Fire Department Impasse Hearing April 12, 1994 Captain Campbell noted that the present Article 26 provides that employees with Associates Degrees receive $50.00 per month incentive pay, employees with Bachelor' s Degrees receive $110.00 per month incentive pay, and employees with fire inspection certificate receive $100.00 per month incentive pay. The city also reimburses tuition fees to employees who receive a grade of "C" or better. He indicated this was above what was paid to any other collective bargaining unit. He indicated there was a cost factor involved in this article and pointed out funds had not been budgeted to cover this additional cost. Captain Campbell indicated that if an employee had not been compensated for performing fire inspections, this was an oversight and would be corrected. Following further discussion, Commissioner Weiss moved to amend section 26. 5 of the union proposal to reflect a monthly incentive payment of $50.00, and adopt Article 26, Career Development/Fire Inspector, as amended. The motion was seconded by Commissioner Waters. Following further discussion the question was called and the motion failed on a vote of 2 - 3 with the Mayor and Commissioners Rosenbloom and Shaughnessy voting nay. Mayor Fletcher moved to adopt Article 26, Career Development/Fire Inspector, as proposed by the union with payment of a $50.00 per month incentive effective April 1, 1994. The motion was seconded by Commissioner Rosenbloom and carried on a vote of 4 - 1 with Commissioner Shaughnessy voting nay. ARTICLE 28 - WAGES/EMT OR PARAMEDIC INCENTIVE Captain Campbell indicated the city' s proposal was to fund the current step plan ( 4. 8% steps ) for this fiscal year and any surplus funds budgeted be paid equally to employees in the form of bonuses. Lt. Hill indicated the union' s proposal was for a 7% pay increase each year for the next three years. He felt this was necessary to bring the Atlantic Beach Fire Department in line with other comparable fire departments. He felt the insurance rebate funds received from the state would more than cover the additional city contributions to the pension. Captain Campbell indicated the 7% increase requested by the union would cost approximately $20, 000. 00 over the amount which was budgeted for this year and Lt. Hill felt the current Fire Chief vacancy would create some additional funds. However, it was pointed out that pay raises were not a one-time expense but would create on-going budgeting problems. Page Five Minutes of Fire Department Impasse Hearing April 12, 1994 The Commissioners indicated they were sympathetic to the requests of the firefighters, but pointed out they were limited in what they could do due to budget restraints. Commissioner Weiss moved to adopt Article 28, Wages/EMT or Paramedic Incentive, as proposed by the city. The motion was seconded by Commissioner Shaughnessy. In further discussion Lt. Hill indicated that sections 28.4, 28. 5, 28. 6, and 28.7 included new language which was not in the current contract. These areas were very important to the firefighters and Lt. Hill asked that these sections be reviewed. Section 28.4 of the union proposal provided that any employee who is required to work at a higher classification (eg. a firefighter filling in for an engineer) , would be paid at a rate 10% higher than his regular rate of pay for the actual hours worked out of class. Captain Campbell indicated other departments in the city were paid at a rate of 5% for working out of class and the employee would have to work out of class for a day to be compensated at the higher rate. Following further discussion, the union agreed to drop section 28 . 4 from their request. Section 28. 5 of the union proposal provided that when off-duty firefighters are called in to work they would be paid for three hours at time and a half, and in the event firefighters did not get off at their scheduled time but were required to work fifteen minutes or more into the next shift, they would be paid for three hours at time and a half. In both instances, this was an increase from two hours in the current contract. Captain Campbell indicated the current contract provides that off- duty firefighters would be paid a minimum of two hours if they were called in to work. Currently they are paid overtime for actual time worked beyond their regular shift. In further discussion Commissioner Waters moved to pay a minimum of three hours at time and a half if an off-duty firefighter is called in to work. The motion was seconded by Mayor Fletcher and following further discussion, the question was called and the motion carried on a vote of 4 - 1 with Commissioner Shaughnessy voting nay. In discussion relative to payment of overtime when firefighters did not get off at their scheduled time, it was consensus that fifteen minutes provided too small a window before the city would be required to pay a minimum of three hours overtime. Commissioner Rosenbloom moved to approve a minimum of one hour overtime at time and a half when firefighters did not get off at their scheduled Page Six Minutes of Fire Department Impasse Hearing April 12, 1994 time; portions of each hour after the first hour worked would be compensated at time and a half and would be rounded upwards to the next quarter hour. The motion was seconded by Commissioner Weiss and was unanimously approved. Lt. Hill agreed to withdraw section 28 . 6 which provided that hours of work and overtime would be grievable. Section 28. 7 provided that firefighters would receive longevity pay starting with their fifth year of employment. Lt. Hill indicated this section was being added as an incentive for firefighters to stay with the city. Following brief discussion it was agreed to defer action on this section and to review this matter in the negotiations for the contract for the next fiscal year. Following the discussions of all portions of Article 28, the Mayor called for a vote on the original motion made by Commissioner Weiss: to adopt Article 28, Wages/EMT or Paramedic Incentive, as proposed by the city (and subsequently amended as indicated above) . The motion was unanimously approved. Copies of the proposals submitted by both the union and the city are attached hereto and made a part hereof. Lt. Hill requested that funds already budgeted for salaries not be used to fund any of the items approved that evening, thus decreasing the amount of bonuses which would be paid to Fire Department personnel . ARTICLE 30 - CODE OF ETHICS Both Lt. Hill and Captain Campbell agreed this item had been withdrawn. Mayor Fletcher indicated it was his objective to address morale problems throughout the city. He encouraged the various parties to begin negotiations early for the next fiscal year since it was his intention to have contracts in place by October 1 . Jim Jarboe pointed out information regarding revenues would not be available until July or August. He agreed to proceed with negotiations on non-monetary issues early. There being no further business to come before the City Commission, the Mayor complimented the firefighters on tl.o---job they do and adjourned the meeting at 11 : 10 PM. Lyman T. Fletcher MAYOR ATTES T: 1/71Attel Maureen King, Ci y CCleb7k 1142'9' ` / Thi'peirse //edr/12/- TABLE OF CONTENT TAB 1 ARTICLE 5 - MANAGEMENT RIGHTS TAB 2 ARTICLE 7 - RULES AND REGULATIONS TAB 3 ARTICLE 9 - ARBITRATION PROCEDURE TAB 4 ARTICLE 11 - PERSONAL LEAVE HOURS TAB 5 ARTICLE 16 - INJURY IN THE LINE OF DUTY TAB 6 ARTICLE 26 - CAREER DEVELOPMENT/FIRE INSPECTOR TAB 7 ARTICLE 28 - WAGES/EMT PARAMEDIC INCENTIVE ■ TAB 8 ARTICLE 30 - CODE OF ETHICS ARTICLE 5 10 _ MANAGEMENT RIGHTS CITY UNION The City proposes no changes in The Union proposes the present article . replacing the article with one paragraph. - is specific and cites - is not definitive or examples of management specific . rights does not cite examples f r - reduces subjective clarification interpretation and opinion - does not delineate management rights - consistent with state law - i s open e n t o . interpretation and subjective opinion - consistent with all other city collective - is not consistent bargaining contracts with other collective bargaining contracts • ARTICLE 5 MANAGEMENT RIGHTS 5. 1 Except as expressly provided for in this Agreement , the Public Employer retains the sole and exclusive right to manage its operations and direct the work of the bargaining unit employee, including the rights to decide the number and location of stations , the operation of motorized equipment, the scope of service to be performed, the methods of service, the schedule of work time; to contract and subcontract existing and future work; to determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement ; to maintain order and efficiency in its stations and locations; to curtail or discontinue temporarily or permanently, in whole or in part , operation whenever in the opinion of the Public Employer good business judgment makes such curtailment or discontinuance advisable; to hire, lay-off , assign, transfer, promote, demote, and determine the qualifications of employees ; to create new job classifications and to create and amend job descriptions ; to determine the starting and quitting time and the number of hours to be worked; to require an employee to take a physical or mental examination, given by a health service, or a physician or psychiatrist selected by the Public Employer; to assign overtime work; to demote, suspend without pay, and discharge employees for cause ( in the case of a demotion, suspension, or discharge decision, the proposed action shall be reviewed by the City Manager before it is implemented) ; and to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral change, subject only to such regulations governing the exercise of these rights as are expressly and specifically provided in this Agreement . 5. 2 The above rights of the Public Employer are not all inclusive by indicate the type of matters or rights which belong to and are inherent to the Public Employer in its capacity as manager of the Fire Department of the City. Any of the rights , powers, and authority the Employer had prior to entering into this collective bargaining agreement are retained by the Employer, except as expressly and specifically abridged, delegated, granted or modified by this Agreement . The inherent and common law management rights , function privileges and 41/ prerogatives which the Employer has not expressly 6 A • modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance or arbitration procedures , and the Employer has no obligation to bargain over the decision to exercise such rights, functions prerogative and privileges, or the effect of such decisions. 5. 3 Any and all aspects of wages, hour, and working condition, which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or consultation with the Union. The Public employer is not required to continue those voluntary aspects of wages, hours , and working conditions not included in this Agreement , but which were in effect prior to entering into this Agreement or instituted thereafter, nor shall the employees have any binding right to such matters. 5. 4 It is agreed thatevery incidental duty connected with operations enumerated in job descriptions is not always comprehensive and employees at the discretion of the City may be required to perform duties not within their specific job descriptions as long as they are relation to Fire Department operations and have the approval of the Fire Chief . 1110 5. 5 Whenever it is determined that civil emergency conditions exist , including riots , civil disorder, hurricane condition, or similar catastrophes, the provisions of this Agreement may be suspended by the Mayor, City Manager and or Chief of Police during the time of the declared emergency provided that wage rates and monetary fringe benefits shall not be suspended. 5. 6 The Public Employer' s failure to exercise any function or right hereby reserved to it , or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right , nor preclude the Public Employer from exercising the same in some other way not conflict with the express provisions of this Agreement . ARTICLE 7 RULES AND REGULATIONS CITY UNION The City proposes no change in The Union wishes to this article . rewrite the article and establish prevailing rights . - i s definitive and - Prevailing rights specific clause would supersede rules and regulations , and - allows city to establish, management rights maintain and enforce, or rescind or change reasonable rules and - not allow city to regulations and policy change rules , and procedures regulations , policy or procedure, or manner in which Fire - ho l d s employees Department conducts accountable for following da i 1 y b us i ne s s rules and regulations without union permission - is consistent with state law 411. ARTICLE 7 RULES AND REGULATIONS 7 . 1 The City shall have the right to establish, maintain and enforce, or rescind, amend or change, reasonable rules and regulations and standard operational procedures . 7 . 2 Failure to discipline an employee for violation of these rules, regulation and/or standard operational procedures shall not affect the right of the City to discipline the same or other employees for the same or other violations . 7 . 3 Any employee violating a rule or regulations or standard operational procedure may be subject to disciplinary action, including dismissal for cause. 7 . 4 All bargaining unit employees , regardless of union affiliation, are subject to all City rules an regulations pertaining to the conduct of City employees unless specifically exempted by provisions of the Agreement . 9 ARTICLE 9 1 ARBITRATION PROCEDURE CITY UNION The City proposes no change in The Union proposes to the present article. amend article . - allows for arbitration of - empower arbitrator all grievances not settle to determine not in first three steps only if employee committed act , but what discipline shall be - delineates power of arbitrator to supersede rights of city in - potential f o r managing business arbitration on every discipline matter , not matter reason on type of discipline - arbitrator has power to pass upon whether employee actually - removes management 's committed act and has ability to insure power to make employee proper employee whole, including ordering conduct a n d back pay and time lost if following o f determined employee did policies a n d not commit act procedures - arbitrators decision on whether employee committed act is binding on both parties - if employee does not agree with nature , extent , or severity of discipline , employee has right to appeal to district court ARTICLE 9 • ARBITRATION PROCEDURE 9 . 1 Whenever the Union requests arbitration in accordance with the provisions of the Grievance Article, the parties shall within five (5) working days following appeal to arbitration jointly request the Federal Mediation and Conciliation Service to submit a panel of seven ( 7 ) arbitrators, each of whom shall be a member of the National Academy or Arbitrators . Arbitrators shall be selected from such panel by alternately striking names from this list ( the grieving party shall make the first strike) until the last name on the list is reached. 9. 2 The limitations of the powers of the Arbitrator are as follows : (a) The Arbitrator shall not have the power to add to, subtract from, or alter the terms of this Agreement ; (b) The Arbitrator shall have no power to establish wage scales, rates for new jobs, or to change any wage; (c) The Arbitrator shall have only the power to rule on matters arising under this Agreement and is confined exclusively to the question(s) which is presented to him which question(s ) must be actual and existing; (d) Except as otherwise provided, the Arbitrator shall have no power to arbitrate any matter after this Agreement has expired, unless the event giving rise to the grievance occurred prior to the termination of this Agreement and a written grievance was submitted within two (2 ) working days after the expiration of this Agreement and has been timely processed. This subsection (d) shall not apply if the only issue remaining to be agreed upon following the expiration date of this Agreement is Wages ; and (e) If the subject of the grievance submitted to arbitration concerns disciplinary measures ( including discharge) taken against one or more employees , the Arbitrator is only empowered to 13 pass upon whether the employee or employees concerned actually committed, participated in, or were responsible for the act of misconduct . The Arbitrator is without authority to pass upon the nature, extent , or severity of the disciplinary measure(s ) taken, such determination being solely a managerial prerogative. If the Arbitrator finds that the employee has not committed. participated in, or was not responsible for, the act of misconduct for which he has discipline, the Arbitrator has the power to make the employee or employees whole, including ordering back-pay ( less compensation received from any other sources ) for time lost , and reinstatement when applicable. 9. 3 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 Public Employer, provided the Arbitrator' s decision is not outside or beyond the scope of the Arbitrator ' s jurisdiction as described by PERC or is not in violation ofpublic policy. The authority and responsibility of the Public Employer, as provided by Florida Law, shall not be usurped in any matter. 9 . 4 The arbitrator will charge the cost of his service to the losing party of each grievance. Each side will pay its own representative, including but not limited to attorney, and witnesses , Both parties shall share in the cost of a court reporter. Either side desiring a transcript will pay for it . 9. 5 The commencing of legal proceedings against the City or any managerial employee of the City in a court of law or equity or before the Public Employees Relations Commission, or any other administrative agency by an employee, the City' s grievance procedure, or group of employees , for alleged violation( s) of the express terms of the agreement shall be deemed a waiver to resort to the Grievance or arbitration procedures contained herein for resolution of the alleged violation of the terms of this agreement . Additionally, the commencing of legal proceedings against the Union in a court of law or equity or before the Public Employees Relations Commission, or any other administrative agency, by the City or any of its managerial employees for alleged violation(s) of the expressed terms of this agreement shall be deemed a waiver by such employee or the City of the ability to resort to the Grievance or Arbitration procedures contained herein for resolution of the alleged 1, 14 violation of the terms of this agreement . Likewise, 01, the utilization of the Grievance or Arbitration procedures in this agreement for the resolution of alleged violations of this agreement shall constitute a waiver of any rights the party who initiated the grievance may have to review by the Public Employees Relations Commission, the City;s grievance procedure, or any other administrative agency, 9. 6 Prior to initiating judicial review by any court for any alleged violation of this agreement , the grievance procedure must be completely exhausted. 411 15 ARTICLE 11 PERSONAL LEAVE HOURS CITY UNION The City proposes no change in The Union proposes to add current article. an additional 24 hours of Personal Leave to all employees per year - was enhanced last year to - at cities proposed reflect change in pay increase for employee work period from 93/94 this would be 16 hours per day to 24 additional cost of hours per day $2 , 715 . 00 for 93/94 - employee' s earn Personal - at union' s proposed Leave hours at a rate pay increase this 33 1/3% faster than any would b e a n other city employee additional cost of $3 , 360 . 00 for 93/94 - Personal Leave time earned today, can be cashed in, in later years at the employee ' s rate of pay at that time, which will be higher . - creates greater unfunded liability COST - $2 , 715 .00 / $3,360.00 • ARTICLE 11 PERSONAL LEAVE HOURS 11 . 1 a. The "personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. Personal leave hours are not to be considered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee follows the procedures set forth in this Article and receives prior approval fromie Fire Chief or his designee. b. The Fire Chief or the Chief ' s designee shall have the discretion to grant or deny the use of personal leave hours. Personal Leave must be taken in one ( 1 ) personal leave hour or more increments . Approval of leave may be suspended if in the discretion of the Chief such leave would pose a manpower shortage which would have an adverse effect on the operation of the Department. • c. Employees may accumulate Personal Leave Hours up to a maximum of 960 hours . Thereafter, employees must utilize their Personal Leave Hours or forfeit the ability to accumulate any additional hours. d. For Personal Leave Hours used for illness, the City always retains the right to require medical documentation of the illness. e. For hours permissibly accumulated under this Article, the employee may elect to be paid in cash (upon completion of one year of continuous, uninterrupted employment with the city) or choose to continue to accrue the days up to the maximum arcual level set forth in this Article. For the purpose of cashing in accrued leave time, the Public Employer will permit the employee to make a request for payment two times during the year as follows : on the first payday in June, and on the first payday in December. Cash withdrawals are restricted to the excess over 120 hours in the Personal Leave Account on the designated withdrawal date. Request forms are available in City Hall . Requests must be submitted at least two weeks preceding each of the above dates . 18 f . No Personal Leave Hours may accumulate to an . employee on leave without pay, or one who has been suspended for disciplinary purposes . g. Subject to the restrictions contained in this Agreement , Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. h. An eligible employee who resigns with at least two weeks notice or whose employment has not been involuntarily terminated shall be paid for any unused accruals . However, in no event shall the employee be paid for any unused accruals exceeding 960 hours . i . Employees with more than one year of service are required to utilize a minimum amount of Personal Leave Hours each calendar year . Cashing in Personal Leave Hours shall not be considered "Utilization. " Required minimums not taken as provided will be forfeited unless otherwise approved by the Fire Chief . The accrual rate of Personal Leave Hours and the minimum amount of utilization of Personal Leave Hours shall be • determined as follows : TENURE Maximum no. of Personal Minimum Leave Hours Accumulated utilization per each Bi-weekly Pay Period year (provided maximum cap has not been reached) 1st year 6. 55 0 2nd year 6 . 55 40 Beg. 3rd through 4th yr. 6 . 55 40 Beg. 5th through 9th yr. 8 . 60 80 Beg. 10th through 14th yr. 10 . 64 80 Beg. 15th and over 12 . 88 80 19 (f ARTICLE 16 110 INJURY IN THE LINE OF DUTY CITY UNION The City proposes no change in The Union proposes current article . rewriting the current article . - provides for employee to - city would pay 100% receive 100% of his pay of pay until until Workmen ' s Workmen ' s Compensation begins to compensation begins pay employee - allows employee to - city w o u 1 d utilize compensatory time automatically pay or personal leave time to the 1/3 pay not make up 1/3 pay which covered by workmen' s Workmen ' s compensation Compensation no does not cover matter how injury occurred - provides for special - would not provide benefit in which City initiative for Manager can grant city to employee cover 1/3 not covered by responsibility for Workmen ' s Compensation if any unsafe acts or certain criteria met for v i o l a t ion of up to one full year established work or safety rules , or laws - 1/3 special benefit is above and beyond Workmen' s compensation - City would pay 1/3 requirements pay until employee returned to work or receives a - Workmen ' s Compensation in disability pension, continuous until employee no matter length of agrees to settlement time - employee can apply for - creates unending, disability pension from unfunded liability city ARTICLE 16 INJURY IN THE LINE OF DUTY 16. 1 Any permanent employee covered by this Agreement who sustains a temporary disability as a result of accidental injury in the course of and arising out of employment by the Public Employer, shall , in addition to the benefits payable under the Workers ' Compensation Law of the State of Florida, be entitled to the following benefits : a. When an employee is absent due to compensable injury, the City will pay 100% of an employee' s average daily earnings for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and continuing through the seventh calendar day of the authorized disability. However, in no case shall these payments and those paid through Workers ' Compensation exceed the employeefs normal net salary. Any amount paid by the city to the employee which is subsequently paid by Workers ' Compensation shall be reimbursed by the employee to the city. b. An employee sustaining a lost time injury under this Article may use accumulated Personal Leave Days to cover the time off the job due to an injury until he is compensated by Workers ' Compensation. Personal Leave Days can be used to supplement that percentage ( 33 1/3%) of his pay which is not covered by Workers ' Compensation. The request to allow the employee to do the above must be made to the Fire Chief in writing. c. In addition to the benefits afforded under section a. an employee, subsequent to exhausting all Personal Leave Days , may be awarded special benefits by the city if special circumstances are found to exist in the sole opinion of the City Manager. But such payments shall not , when added to Workers ' Compensation benefits , total more than the normal regular pay received by the employee immediately prior to such disability, nor may such payments continue longer than one year from the date of injury. Factors which the City Manager may consider in each instance are as follows: 411 25 1 . Consideration of degree of responsibility of employee/employer. 2 . Obedience to or violation of laws, statutes , or ordinances involved in connection with the causes of such disability. 3. Obedience to or violation of safety rules and regulation of the city which are involved in the cause of the disability. 4 . Obedience to or violation of any Department rules, regulations and policies procedures , or instructions to the employee by supervisors involving the cause of the disability. The decision to grant or deny special benefits is not subject to the grievance or arbitration provisions of this agreement . 16 . 2 Where injury is caused by the knowing refusal of the employee to use a safety appliance provided by the City, the unemployment compensation benefits shall be reduced twenty-five percent ( 25%) . There shall be no • reduction if the employee can show there were exigent circumstances that precluded the use of a safety appliance. The determination as to whether the exigent circumstances were sufficient shall be in the sole discretion of the City Manager. 26 ARTICLE 26 CAREER DEVELOPMENT/FIRE INSPECTOR CITY UNION The City proposes to delete the The Union proposes to add last sentence from the present to the current article . article and no other changes . - last s e n t enc e - additional language reads , "Funding for this that would create Article is deferred until incentive pay of the 1992-1993 budget has $75 .00 for any been completed. " employee holding a State Fire Officer One Certificate - present article provides for any employee who receives an Associate - adds additional Degree shall receive incentive money to $50 . 00 per month that already above incentive pay other city ■ collective bargaining contracts - any employee who receives a Bachelor 's Degree shall receive $110 . 00 per month incentive - any employee certified and is assigned to conduct fire safety inspections shall receive $100 . 00 per month - provides for incentive money above and beyond any other city collective bargaining contract ' • ARTICLE 26 CAREER DEVELOPMENT/FIRE INSPECTOR 26. 1 Upon presentation of an official transcript and proof of degree to the Fire Chief, each employee in the bargaining unit who receives an associate degree from a college, which degree is readily identifiable and applicable as a fire-related degree, as outlined in policy guidelines of the Division of State Fire Marshal of the Department of Insurance, shall receive a $50 . 00 per month career development incentive. 26 . 2 Upon presentation of an official transcript and proof of degree to the Fire Chief , each employee of the bargaining unit who receives from an accredited college or university a bachelor ' degree, which degree curriculum includes a major study concentration area readily identifiable and applicable to fire-related subjects, as outlined in policy guidelines of the Division of State Fire Marshal of the Department of Insurance, shall receive a $110 .00 per month career • development incentive. 26. 3 Employees receiving Career Development monies shall receive monies as accorded them under either Section 26. 1 or Section 26. 2 . They shall not receive at the same time monies afforded from both of these Sections . 26. 4 A bargaining unit employee who possesses a Florida State Certification for fire safety inspector will receive $100 . 00 per month incentive pay for each month the employee is assigned and performs fire safety inspections . Funding of this Article is deferred until the 1992-1993 budget has been completed. 38 ARTICLE 28 WAGES/EMT PARAMEDIC INCENTIVE CITY UNION The City proposes instituting a The Union proposes to n e w salary range continue the present step increment/merit pay plan. plan with 5% between steps , with the follow; - pay ranges have been set - a 30 % pay increase for each fob category applied across the board increase to all pay steps - each employee shall be placed in his appropriate - employee working out pay range for 93/94 at a of class for 24 level that exceeds his hours receives a 15% 92/93 base pay rate increase in pay rate - each employee will - Lt ' s assigned to be receive a performance off duty on - evaluation n - evaluation between call/standby shall October 1st. and November receive pay at 1 and 1st . of each year 1/2 time rate for each hour on- - all employees that call/standby receive a satisfactory rating shall be eligible - Lt ' s assigned by for a 2% increment Fire Chief to assume increase in their hourly duties of Fire Chief rate of pay while on - duty because Fire Chief - any employee that out of response area receives an above shall receive a 15% satisfactory evaluation, increase in pay rate and is recommend as an outstanding employee by - employee who is the department head shall called back to work be elligible for a one shall receive a time merit bonus based on minimum of 3 hours funds available. at 1 and 1/2 rate of pay Lt ' s assigned by Fire • Chief to assume his - duties while he is employee is required outside the response area to work 15 minumtes shal receive pay at rate past his regular of 5% per hour for each scheduled shift end 24 hour period duties shall r e c i e v e assumed automatic 3 hours pay at 1 and 1/2 pay rate Lt ' s required by the Fire Chief to be on off duty on-call/standby shall - each employee shall receive 8 Kelly hours for receive Longevity each 24 hour shift he is pay of $50 . 00 for required to be on-call each five years of standby service , increasing i n S 5 0 . 0 0 increaments for each additional five years COST (base wage + FICA + pension) - ii iii COST - (base wage + FICA + pension) + Longevity Pay - Iv f 968 40)•.64s io, 172 4 4•464.0:1-1, y, Cf 6 ARTICLE 30 CODE OF ETHICS CITY UNION The City proposes changing The Union proposes the language in the present article remove of article 30 . 1 , to reflect the ability of which references to City employees to work other Personnel Rules Code of employment off duty. Ethics . Also removal of any reference to off duty employment or having to get permission or notification to city off any off duty employment . - employee shall not engage - employees would have in employment that is no written code of inconsistent , ethics to govern ■ incompatible, or in behavior conflict with city position. No employee - city would not be shall work in any place able to make contact defined as a Nuisance with employee if under State Statute needed for emergency call back to duty - no employee shall have interests in any business that contracts with the city - city employment shall be considered primary employment , and shall notify the city within 24 hours of place , address and telephone of off duty employment so city can contact employee in case of emergency call-in response necessity - City will assume no responsibility nor liability for iniuries while working outside employment • ARTICLE 30 CODE OF ETHICS AND USE OF CITY EQUIPMENT 30 . 1 Bargaining unit employees shall be bound by the Employee Code of Ethics set forth in the Personal Rules and Regulations . Violations of any provision of the Employee Code of Ethics shall subject the employee to disciplinary action, including discharge. 30 . 2 No bargaining unit employee shall use City owned equipment for his personal benefit without the permission of the Fire Chief . The Fire Chief ' s decision on the use of City owned equipment for personal use shall not be subject to the grievance and arbitration sections of this agreement . The use of City equipment is not to be construed as a fringe benefit or as a wage supplement . 30 . 3 When operating City vehicles, the employee must possess a current and valid Motor Vehicle Operators License issued by the State of Florida, appropriate for the size and type of vehicle operated. 30 . 4 Employees shall not transport individuals who are not City employees in any City equipment unless the individual is involved in official City business . 30 . 5 The operation of City equipment must be conducted in a manner which insures the safety of the operator, public and equipment at all times : 47 Ex bib ( 1- /9 MANAGEMENT RIGHTS Except as otherwise indicated in the Agreement the Employer nas the right to determine unilaterally the purpose of the Fire Department , set standards of services to be offered to the public and exercise control and discretion over its organization and operations . It is also the right of the Employer to direct its Employees , take disciplinary action for proper cause , and to relieve its employees from duty because of lack of work or for other legitimate reasons , However , the exercise of such rights shall not preclude Employees or their Representatives from raising grievances , should the above matters have the practical consequence of violating the terms and conditions of this Agreement . Nothing in the Article relieves the Employer from its obligation to negotiate the impact of any decision, should the Union request it . � r ARTICLE 7 RULES AND REGULATIONS 7 . 1 inc City snail have the right to establish , maintain and enforce, or rescind, amend or change , reasonable rules and regulations and standard operational procedures . 7 . 2 Failure to discipline an employee for violation of tnese rules , regulation and/or standard operational procedures shall not affect the right of the City to discipline the same or other employees for the same or other violations . 7 . 3 Any employee violating a rule or regulations or standard operational procedure may be subject to disciplinary action, including dismissal for cause. 7 . 4 All bargaining unit employees on duty, regardless of union affiliation, are subject to all City rules and regulations pertaining to the conduct of City employees on duty unless specifically exempted by provisions of the Agreement . 7 . 5 Fire Department Personal shall be permitted to attend city government functions on duty such as Commission Meetings , Pension Board Meetings , etc . . t tij rs ALL RIGHTS AND PRIVILEGES ENJOYED BY FIRE PERSONAL ON THIS DATE 02 09 94 SHALL CONTINUE IF NOT COVERED BY MANAGEMENTS RIGHTS. ' ARTICLE 11 PERSONAL LEAVE HOURS 11 . 1 a. The "personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. Personal leave hours are not to be considered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee follows the procedures set forth in this Article and receives prior approval fromjne Fire Chief or his designee. b. The Fire Chief or the Chief ' s designee shall have the discretion to grant or deny the use of personal leave hours. Personal Leave must be taken in one ( 1 ) personal leave hour or more increments . Approval of leave may be suspended if in the discretion of the Chief such leave would pose a manpower shortage which would have an adverse effect on the operation of the Department. c. Employees may accumulate Personal Leave Hours up to a maximum of 960 hours . Thereafter, employees must utilize their Personal Leave Hours or forfeit the ability to accumulate any additional hours. d. For Personal Leave Hours used for illness, the City always retains the right to require medical documentation of the illness. e. For hours permissibly accumulated under this Article, the employee may elect to be paid in cash (upon completion of one year of continuous, uninterrupted employment with the city) or choose to continue to accrue the days up to the maximum arcual level set forth in this Article. For the purpose of cashing in accrued leave time, the Public Employer will permit the employee to make a request for payment two times during the year as follows : on the first payday in June, and on the first payday in December. Cash withdrawals are restricted to the excess over 120 hours in the Personal Leave Account on the designated withdrawal date. Request forms are available in City Hall . Requests must be submitted at least two weeks preceding each of the above dates . t 18 f . No Personal Leave Hours may accumulate to an employee on leave without pay; or one who has been suspended for disciplinary purposes . g. Subject to the restrictions contained in this Agreement , Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. h. An eligible employee who resigns with at least two weeks notice or whose employment has not been involuntarily terminated shall be paid for any unused accruals . However, in no event shall the employee be paid for any unused accruals exceeding 960 hours. i . Employees with more than one year of service are required to utilize a minimum amount of Personal Leave Hours each calendar year. Cashing in Personal Leave Hours shall not be considered "Utilization. " Required minimums not taken as provided will be forfeited unless otherwise approved by the Fire Chief. The -accrual rate of Personal Leave Hours and the minimum amount of utilization of Personal Leave Hours shall be determined as follows : TENURE Maximum no. of Personal Minimum Leave Hours Accumulated utilization per each Bi-weekly Pay Period year (provided maximum cap has not been reached) 1st year 6. 55 0 2nd year 6. 55 40 Beg. 3rd through 4th yr. 6. 55 40 Beg. 5th through 9th yr. 8 . 60 80 Beg. 10th through 14th yr. 10. 64 80 Beg. 15th and over 12 . 88 80 19 j.. i Nr. The new figures reflect the addition of one additional day off for Fire Department Employees for sick leave or vacation to bring the Atlantic Beach Fire Department Personal more in line with Jacksonville Beach and/or Jacksonville Fire Departments . 1st year 7 . 47 0 2nd year 7 . 47 40 Beg. 3rd through 4th yr . 7 . 47 40 Beg. 5th through 9th yr . 9 . 52 80 Beg. 10th through 14th yr . 11 . 56 80 Beg. 15th and over 13 . 80 80 ARTICLE lb INJURY IN THE LINE OF DUTY 16 . 1 Any permanent employee covered by this Agreement who sustains a temporary disability as a result of accidental injury in the course of and arising out of employment by the Public Employer , shall , in addition to the benefits payable under the Workers ' Compensation Law of the State of Florida, be entitled to the following benefits : a. When an employee is absent due to compensable injury, the City will pay 100% of an employee ' s average daily earnings for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and continuing through the seventh calendar day of the authorized disability. However , in no case shall these payment and those paid through Workers ' Compensation exceed the employee ' s normal net salary . Any amount paid by the City to the employee which is subsequently paid by Workers ' Compensation shall be reimbursed by the employee to the City. b. The City will supplement the 33 1/3% of pay which is not covered by workers compensation up to a period of one year . 16 . 2 Where injury is caused by the knowing refusal of the Employee to use a safety appliance provided by the City, the unemployment compensation benefits shall be reduced twenty-five percent ( 25% ) . There shall be no reduction if the Employee can shaw there were exigent circumstances that precluded the sue of a safety appliance. the determination as to whether the exigent circumstances were sufficient shall be in the discretion of the City Commission . ARTICLE 26 CAREER DEVELOPMENT/FIRE INSPECTOR 26. 1 Upon presentation of an official transcript and proof of degree to the Fire Chief, each employee in the bargaining unit who receives an associate degree from a college, which degree is readily identifiable and applicable as a fire-related degree, as outlined in policy guidelines of the Division of State Fire Marshal of the Department of Insurance, shall receive a $50 . 00 per month career development incentive. 26. 2 Upon presentation of an official transcript and proof of degree to the Fire Chief, each employee of the bargaining unit who receives from an accredited college or university a bachelor' degree, which degree curriculum includes a major study concentration area readily identifiable and applicable to fire-related subjects, as outlined in policy guidelines of the Division of State Fire Marshal of the Department of Insurance, shall receive a $110. 00 per month career development incentive. 26. 3 Employees receiving Career Development monies shall receive monies as accorded them under either Section 26. 1 or Section 26. 2. They shall not receive at the same time monies afforded from both of these Sections . 26. 4 A bargaining unit employee who possesses a Florida State Certification for fire safety inspector will receive $100 . 00 per month incentive pay for each month the employee is assigned and performs fire safety inspections . 38 .i6 . 5 Fire Department Personal holding state certificate for Fire Officer One shall be paid a $75 . 00 monthly incentive . i ARTICLE 28 - WAGES/EMT OR PARAMEDIC INCENTIVE 28 . 1 The merit step pay plan attached as Exhibit A will become a part of this agreement on October 1 , 1992 . 28 . 2 (a) Entrance salary determination. Except as provided herein, the original appointment to the classification of fire fighter or engineer will be made at the entrance rate and advancement from the entrance rate to the maximum rate shall be by successive steps . The City Manager may approve initial compensation at a higher rate than the minimum rate in the range for the position classification when the needs of the service make such action necessary. Such decision shall not be subject to the grievance or arbitration provisions of this Agreement . 28 . 2 (b) Advancement within a salary range. 1 . Upon satisfactory completion of a period of twelve ( 12) months of uninterrupted service after initial appointment to the position of fire fighter, the entrance salary of the employee shall be advanced _one ( 1 ) step to the next higher step in the merit plan unless the pay during the initial period of employment already exceeds the range, in which case there shall be no increase. 2. After an employee receives his merit increase upon satisfactory completion of the initial probationary period set forth above, the employee may be granted successive merit increases no sooner than the number of months set forth in the merit plan from the employee' s last date of increase,. until the employee reaches the maximum rate of pay for the classification, provided he receives a satisfactory or above performance rating from the Fire Chief . For the purposes of this plan, the date of last increase shall be the most recent date upon which any of the following actions occurred to an employee: a. Date on which an employee received his probation increase ( if applicable) , or date of employment . 40 6 • b. Date on which employee received a merit step increase, or a change in' pay grade . c. Cost of living adjustments or general increases shall not be considered as the date of last increase. 3 . For purposes of determining whether or not the employee has satisfactorily completed his initial twelve ( 12) month period of employment, or has satisfactorily performed services for the city for further merit increases , the Fire Chief shall notify the City Manager in writing of the Chief ' s evaluation, with his recommendation of merit step increase action. If the employee;s performance has not been graded by the Fire Chief as satisfactory during the time period involved, the employee shall next be considered for a merit increase after he has worked the number of months set forth in the merit plan. The employee shall be advised in writing as to the reason his merit step increase was not granted at the usual time. The evaluation rating of an employee under this article is within the sole discretion of the City and is not subject to the grievance or arbitration procedures of the contract . 4 . When an employee is promoted to a new pay grade, he shall enter the new pay grade at the step closest to his pay step prior to the promotion. At no time shall the promotional pay step be lower than the pre-promotionalpay step. When an employee is promoted, his anniversary date shall be• adjusted ( for pay purposes only) to the date of • the promotion and this date shall be the date used to calculate his future merit step increases . 28 . 3 EMT or Paramedic Incentive 1 . Each bargaining unit employee who is trained in basic life support , or advanced life support and who is certified by the Department of Health and Rehabilitative Services to perform procedures as an emergency medical technician (EMT) or Paramedic will receive $75. 00 per month as an incentive upon • the presentation to the Fire Chief of a valid, current certificate. 2 . It shall be the responsibility of the bargaining •( 41 - unit employee to remain certified and any loss of certification will result in an immediate termination of the incentive bonus . 3 . The City may approve an Employee to take time off from work with pay at the Employee ' s regular straight time hourly rate of pay to attend EMT classes . The City will pay the Employee for travel time to and from class , provided the Employee first reports to work at the assigned time and returns to work immediately following the end of class . Should the employee be required to attend class at a time he is not scheduled to work, the City snail pay the Employee for the time the Employee attends class at time and one-half the Employee ' s regular straight time hourly rate of pay . If an Employee fails to successfully complete the class he shall be charged for any pay received to attend class . These monies shall be deducted from any amounts owed the employee by the City. The City also agrees to reimburse the Employee for the actual cost of books and tuition of the class required for EMT certification provided the Employee presents original receipts for said expenses . The books become the property of the City and must be returned to the City when the Employee finishes the course. 28 . 4 Any employee covered by this Agreement who is temporarily required by the Fire Chief , or his designee , to perform the duties of higher classification shall received pay at a rate ten percent ( 10% ) above the employee ' s regular rate of pay provided that no other employee of that higher classification is no duty , and available to assume the responsibilities and requirements of that position . 1 . It is understood that operating( in the ,J(-,A C , classification of Diver/uperater when not permanently assigned to that position shall be considered working out of class . 2 . It is understood that operating in the classification of shift commander when not permanently assigned to that position shall be considered working out of class . 3 . Compensation shall be awarded hour for hour to the employee working out of class . 28 . 5 On occasions when off-duty Fire Personal are called back to work , these Fire Personal shall receive an automatic three hours at time and a half . To confirm response over ime paperwork shall be filled out immediately following the incident . On occasion that Fire Personal respond to calls that last into the next shift , and they are not scheduled to work, they shall be compensated time and a half for under 15 minutes . When such calls detain the off duty Fire Personal beyond 15 minutes , an automatic three hours shall be paid at time and a half . 28 . 6 The entire article titled "Hours of Work and Overtime" shall be grievable. 28 . 7 Longevity pay shall be paid to Fire Department Employees starting on his ' her fifth year of employment . He/she shall be compensated an additional $50 . 00 monthly. On the tenth year of employment , the Employee shall be compensated an additional $100 . 00 monthly . On the fifteenth year of employment the Employee shall be compensated an additional $150 . 00 monthly, continuing to increase a $50 . 00 increments per every five years . w FIREFIGHTER PAY SCALE LEVEL CURRENT PROPOSED 2ND YR 3RD YR Entry 19 , 750 . 00 21 , 132 . 50 22 , 61i . 7d 24 , 194 . 61 FF1 20 , 968 . 00 22 , 435 . 76 24 , 006 . 27 25 , 686 . 71 FF2 21 , 691 . 50 23 , 209 . 91 24 , 834 . 61 26 , 573 . 04 FF3 22 , 732 . 70 24 , 323 . 99 26 , 026 . 67 27 , 843 . 54 FF4 23 , 823 . 87 25 , 491 . 54 27 , 275 . 95 29 , 185 . 27 FF5 24 , 967 . 41 26 , 715 . 13 28 , 585 . 19 30 , 586 . 16 FF6 26 , 165 . 85 27 , 997 . 46 29 , 957 . 29 32 , 054 . 30 FF7 27 , 421 . 81 29 , 341 . 34 31 , 395 . 24 33 , 592 . 91 El 23 , 000 . 00 24 , 610 . 00 26 , 332 . 70 28 , 175 . 99 E2 24 , 104 . 00 25 , 791 . 28 27 , 596 . 67 29, 528 . 44 E3 25, 260 . 99 27 , 029 . 26 28 , 921 . 31 30 , 945 . 81 E4 26 , 473 . 52 28 , 326 . 67 30 , 309 . 54 32 , 431 . 21 E5 27 , 744 . 25 29 , 686 . 35 31 , 764 . 40 33 , 987 . 91 E6 29, 075 . 97 31 , 111 . 29 33 , 289 . 08 35 , 619 . 32 E7 30 , 471 . 00 32 , 603 . 97 34 , 886 . 25 37 , 328 . 29 L1 26 , 000 . 00 27 , 820 . 00 29 , 767 . 40 31 , 851 . 12 L2 27 , 248 . 00 29 , 155 . 36 31 , 196 . 24 33 , 379 . 98 L3 28 , 555 . 90 30 , 554 . 82 32 , 693 . 34 34 . 981 . 88 L4 29 , 926 . 59 32 , 021 . 46 34 , 262 . 97 36 , 661 . 38 L5 31 , 363 . 06 33 , 558 . 48 35 , 907 . 58 38 , 421 . 11 L6 32 , 868 . 49 35 , 169 . 29 37 , 631 . 14 40 , 265 . 32 L7 34 , 446 . 18 36 , 857 . 42 39 , 437 . 44 42, 198 . 06 317 , 067 . 77 - 306 , 192 . 00 10 , 875 . 77 COST TO CITY PENSION 31 , 185 . 66 -5, 000 . 00 ( ? ) FIREFIGHTER PAY COMPARISON Level Atl . Bch . Jax . Fire Jax . Bch . Florida Avg . Entry 19 , 750 . 00 26 , 196 . 00 21 , 840 . 00 21 , 213 . 00 FF 1 20 , 968 . 00 27 , 432 . 00 22 , 505 . 60 ****** FF 2 21 , 691 . 50 29 , 916 . 00 23 . 171 . 20 ****** FF 3 22 , 732 . 70 32 , 688 . 00 ** ****** FF 4 23 , 823 . 87 32 , 748 . 00 ** ****** FF 5 24 , 967 . 41 33 ,096 . 00 ** ****** FF 6 26 , 165 . 85 33 , 512 . 00 ** ****** FF 7 27 ,421 . 81 33 ,852 . 00 ** ****** 29 ,873 . 00 ** All Firefighters are expected to pass engineers exam . ****** Steps not available , only high and low . ENGINEER Level Atl . Bch . Jax . Fire Jax . Bch . Florida Avg . E 1 23 ,000 . 00 30 , 120 . 00 25 ,064 .00 26 , 155 . 00 E 2 24 , 104 . 00 31 , 536 . 00 25 ,812 . 80 ***** E 3 25 , 260 . 99 34 , 368 . 00 26 , 582 . 40 ***** E 4 26 , 473 . 52 37 , 212 . 00 27 , 393 . 60 ***** E 5 27 , 744 . 25 37 , 704 . 00 28 , 204 . 80 ***** E 6 29 ,075 . 97 38 ,088 . 00 29 ,057 . 60 ***** E 7 30 , 471 . 00 38 , 520 . 00 29 , 931 . 20 ***** E 13 *** 41 ,076 . 00 35 ,035 . 68 ***** 35 , 251 . 00 *** No pay scale available ***** Steps not available , only high and low LIEUTENANTS Level Atl . Bch . Jax . Fire Jax . Bch . Florida Avg . L-1 26 , 000 . 00 42 , 804 . 00 31 , 699 . 20 28 ,858 . 00 L-2 27 , 248 . 00 43 , 308 . 00 32 , 656 . 00 **** L-3 28 , 555 . 90 43 ,800 . 00 33 , 633 . 60 **** L-4 29 , 926 . 59 44 , 304 . 00 34 , 652 . 80 **** L-5 31 , 363 . 06 44 , 796 . 00 35 , 692 . 80 **** L-6 32 , 868 . 49 45 , 324 . 00 36 , 753 . 60 **** L-7 34 .446 . 18 45 , 816 . 00 37 ,856 . 00 **** L-10 ******* 47 , 268 . 00 40 . 575 . 60 **** 36 , 701 . 00 ******* No step available **** Steps not available , only high and low . Ex h b/' 7L 8 - TABLE OF CONTEXT TAB 1 ARTICLE 5 - MANAGEMENT RIGHTS TAB 2 ARTICLE 7 - RULES AND REGULATIONS TAB 3 ARTICLE 9 - ARBITRATION PROCEDURE TAB 4 ARTICLE 11 - PERSONAL LEAVE HOURS TAB 5 ARTICLE 16 - INJURY IN THE LINE OF DUTY TAB 6 ARTICLE 26 - CAREER DEVELOPMENT/FIRE INSPECTOR TAB 7 ARTICLE 28 - WAGES/EMT PARAMEDIC INCENTIVE TAB 8 ARTICLE 30 - CODE OF ETHICS ARTICLE 5 MANAGEMENT RIGHTS CITY UNION The City proposes no changes in The Union proposes the present article . replacing the article with one paragraph. - is specific and cites - is not definitive or examples of management specific. rights does not cite examples for - reduces subjective clarification interpretation and opinion - does not delineate management rights - consistent with state law - i s open t o interpretation and subjective opinion - consistent with all other city collective - is not consistent bargaining contracts with other collective bargaining contracts ARTICLE 5 MANAGEMENT RIGHTS 5 . 1 Except as expressly provided for in this Agreement , the Public Employer retains the sole and exclusive right to manage its operations and direct the work of the bargaining unit employee, including the rights to decide the number and location of stations , the operation of motorized equipment , the scope of service to be performed, the methods of service, the schedule of work time; to contract and subcontract existing and future work; to determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement ; to maintain order and efficiency in its stations and locations ; to curtail or discontinue temporarily or permanently, in whole or in part , operation whenever in the opinion of the Public Employer good business judgment makes such curtailment or discontinuance advisable; to hire, lay-off , assign, transfer, promote, demote, and determine the qualifications of employees ; to create new job classifications and to create and amend job descriptions ; to determine the starting and quitting time and the �-' number of hours to be worked; to require an employee to take a physical or mental examination, given by a health service, or a physician or psychiatrist selected by the Public Employer; to assign overtime work; to demote, suspend without pay, and discharge employees for cause ( in the case of a demotion, suspension, or discharge decision, the proposed action shall be reviewed by the City Manager before it is implemented) ; and to have complete authority to exercise those rights and powers incidental thereto, including the right to make unilateral change, subject only to such regulations governing the exercise of these rights as are expressly and specifically provided in this Agreement . 5 . 2 The above rights of the Public Employer are not all inclusive by indicate the type of matters or rights which belong to and are inherent to the Public Employer in its capacity as manager of the Fire Department of the City. Any of the rights , powers , and authority the Employer had prior to entering into this collective bargaining agreement are retained by the Employer , except as expressly and specifically abridged, delegated, granted or modified by this Agreement . The inherent and common law management rights , function privileges and prerogatives which the Employer has not expressly k 6 1 ' • modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance or arbitration procedures , and the Employer has no obligation to bargain over the decision to exercise such rights , functions prerogative and privileges , or the effect of such decisions . 5. 3 Any and all aspects of wages , hour, and working condition, which are not specifically covered by this Agreement, may be initiated, instituted, continued or discontinued without notification of or consultation with the Union. The Public employer is not required to continue those voluntary aspects of wages , hours , and working conditions not included in this Agreement , but which were in effect prior to entering into this Agreement or instituted thereafter, nor shall the employees have any binding right to such matters. 5. 4 It is agreed that. every incidental duty connected with operations enumerated in job descriptions is not always comprehensive and employees at the discretion of the City may be required to perform duties not within their specific job descriptions as long as they are relation to Fire Department operations and have the approval of the Fire Chief . 5 . 5 Whenever it is determined that civil emergency conditions exist , including riots, civil disorder, hurricane condition, or similar catastrophes , the provisions of this Agreement may be suspended by the Mayor, City Manager and or Chief of Police during the time of the declared emergency provided that wage rates and monetary fringe benefits shall not be suspended. 5. 6 The Public Employer' s failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right , nor preclude the Public Employer from exercising the same in some other way not conflict with the express provisions of this Agreement . 7 ARTICLE 7 RULES AND REGULATIONS CITY UNION The City proposes no change in The Union wishes to this article. rewrite the article and establish prevailing rights . - is definitive and - Prevailing rights specific clause would supersede rules and regulations , and - allows city to establish, management rights maintain and enforce, or rescind or change reasonable rules and - not allow city to regulations and policy change rules , and procedures regulations , policy or procedure, or manner in which Fire - holds employees Department conducts accountable for following daily business rules and regulations without union permission - is consistent with state law ARTICLE 7 RULES AND REGULATIONS 7 . 1 The City shall have the right to establish, maintain and enforce, or rescind, amend or change, reasonable rules and regulations and standard operational procedures . 7 . 2 Failure to discipline an employee for violation of these rules, regulation and/or standard operational procedures shall not affect the right of the City to discipline the same or other employees for the same or other violations . 7 . 3 Any employee violating a rule or regulations or standard operational procedure may be subject to disciplinary action, including dismissal for cause. 7 . 4 All bargaining unit employees, regardless of union affiliation, are subject to all City rules an regulations pertaining to the conduct of City employees unless specifically exempted by provisions of the Agreement . 9 ARTICLE 9 ARBITRATION PROCEDURE CITY UNION The City proposes no change in The Union proposes to the present article. amend article. - allows for arbitration of - empower arbitrator all grievances not settle to determine not in first three steps only if employee committed act , but what discipline shall be - delineates power of arbitrator to supersede rights of city in - potential f o r managing business arbitration on every discipline matter , not matter reason on type of discipline - arbitrator has power to pass upon whether employee actually - removes management's committed act and has ability to insure power to make employee proper employee whole, including ordering conduct a n d back pay and time lost if following o f determined employee did policies a n d not commit act procedures - arbitrators decision on whether employee committed act is binding on both parties - if employee does not agree with nature , extent , or severity of discipline, employee has right to appeal to district court f i • ARTICLE 9 ARBITRATION PROCEDURE 9. 1 Whenever the Union requests arbitration in accordance with the provisions of the Grievance Article, the parties shall within five (5) working days following appeal to arbitration jointly request the Federal Mediation and Conciliation Service to submit a panel of seven ( 7) arbitrators, each of whom shall be a member of the National Academy or Arbitrators . Arbitrators shall be selected from such panel by alternately striking names from this list (the grieving party shall make the first strike) until the last name on the list is reached. 9.2 The limitations of the powers of the Arbitrator are as follows : • (a) The Arbitrator shall not have the power to add to, subtract from, or alter the terms of this Agreement ; (b) The Arbitrator shall have no power to establish wage scales, rates for new jobs, or to change any wage; (c) The Arbitrator shall have only the power to rule on matters arising under this Agreement and is confined exclusively to the question(s) which is presented to him which question(s) must be actual and existing; (d) Except as otherwise provided, the Arbitrator shall have no power to arbitrate any matter after this Agreement has expired, unless the event giving rise to the grievance occurred prior to the termination of this Agreement and a written grievance was submitted within two (2 ) working days after the expiration of this Agreement and has been timely processed. This subsection (d) • shall not apply if the only issue remaining to be agreed upon following the expiration date of this Agreement is Wages ; and (e) If the subject of the grievance submitted to arbitration concerns disciplinary measures ( including discharge) taken against one or more employees , the Arbitrator is only empowered to 13 pass upon whether the employee or employees r. concerned actually committed, participated in, or were responsible for the act of misconduct . The Arbitrator is without authority to pass upon the nature, extent , or severity of the disciplinary measure(s ) taken, such determination being solely a managerial prerogative. If the Arbitrator finds that the employee has not committed. participated in, or was not responsible for, the act of misconduct for which he has discipline, the Arbitrator has the power to make the employee or employees whole, including ordering back-pay ( less compensation received from any other sources) for time lost , and reinstatement when applicable. 9. 3 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 Public Employer, provided the Arbitrator' s decision is not outside or beyond the scope of the Arbitrator' s jurisdiction as described by PERC or is not in violation of- public policy. The authority and responsibility of the Public Employer, as provided by Florida Law, shall not be usurped in any matter. 9.4 The arbitrator will charge the cost of his service to the losing party of each grievance. Each side will pay its own representative, including but not limited to attorney, and witnesses, Both parties shall share in the cost of a court reporter. Either side desiring a transcript will pay for it . 9. 5 The commencing of legal proceedings against the City or any managerial employee of the City in a court of law or equity or before the Public Employees Relations Commission, or any other administrative agency by an employee, the City' s grievance procedure, or group of employees, for alleged violation(s) of the express terms of the agreement shall be deemed a waiver to resort to the Grievance or arbitration procedures contained herein for resolution of the alleged violation of the terms of this agreement . Additionally, the commencing of legal proceedings against the Union in a court of law or equity or before the Public Employees Relations Commission, or any other administrative agency, by the City or any of its managerial employees for alleged violation(s) of the expressed terms of this agreement shall be deemed a waiver by such employee or the City of the ability to resort to the Grievance or Arbitration procedures contained herein for resolution of the alleged 14 violation of the terms of this agreement. Likewise, the utilization of the Grievance or Arbitration procedures in this agreement for the resolution of alleged violations of this agreement shall constitute a waiver of any rights the party who initiated the grievance may have to review by the Public Employees Relations Commission, the City;s grievance procedure, or any other administrative agency, 9. 6 Prior to initiating judicial review by any court for any alleged violation of this agreement, the grievance procedure must be completely exhausted. • 15 r ARTICLE 11 PERSONAL LEAVE HOURS CITY UNION The City proposes no change in The Union proposes to add current article. an additional 24 hours of Personal Leave to all employees per year - was enhanced last year to - at cities proposed reflect change in pay increase for employee work period from 93/94 this would be 16 hours per day to 24 additional cost of hours per day $2 , 715 . 00 for 93/94 - employee's earn Personal - at union' s proposed Leave hours at a rate pay increase this 33 1/3% faster than any would be an other city employee additional cost of $3 , 360 .00 for 93/94 - Personal Leave time earned today, can be cashed in, in later years at the employee' s rate of pay at that time, which will be higher . - creates greater unfunded liability COST - $2 , 715 .00 / $3,360.00 ARTICLE 11 PERSONAL LEAVE HOURS 11 . 1 a. The "personal Leave Hours" concept is an advancement from the traditional vacation and sick leave system. Personal leave hours are not to be considered compensation for services rendered. All bargaining unit employees may be absent from work and still receive regular wages provided the employee follows the procedures set forth in this Article and receives prior approval from}fie Fire Chief or his designee. b. The Fire Chief or the Chief ' s designee shall have the discretion to grant or deny the use of personal leave hours. Personal Leave must be taken in one ( 1) personal leave hour or more increments. Approval of leave may be suspended if in the discretion of the Chief such leave would pose a manpower shortage which would have an adverse effect on the operation of the Department. c. Employees may accumulate Personal Leave Hours up to a maximum of 960 hours . Thereafter, employees must utilize their Personal Leave Hours or forfeit the ability to accumulate any additional hours. d. For Personal Leave Hours used for illness, the City always retains the right to require medical documentation of the illness. e. For hours permissibly accumulated under this Article, the employee may elect to be paid in cash (upon completion of one year of continuous, uninterrupted employment with the city) or choose to continue to accrue the days up to the maximum arcual level set forth in this Article. For the purpose of cashing in accrued leave time, the Public Employer will permit the employee to make a request for payment two times during the year as follows : on the first payday in June, and on the first payday in December. Cash withdrawals are restricted to the excess over 120 hours in the Personal Leave Account on the designated withdrawal date. Request forms are available in City Hall . Requests must be submitted at least two weeks preceding each of the above dates . 18 a r • • f . No Personal Leave Hours may accumulate to an . � :.. . employee on leave without pay, or one who has been suspended for disciplinary purposes . g. Subject to the restrictions contained in this Agreement , Personal Leave Hours shall accumulate during each pay period and shall be credited to the employee at the end of the pay period. h. An eligible employee who resigns with at least two weeks notice or whose employment has not been involuntarily terminated shall be paid for any unused accruals . However, in no event shall the employee be paid for any unused accruals exceeding 960 hours . i . Employees with more than one year of service are required to utilize a minimum amount of Personal Leave Hours each calendar year. Cashing in Personal Leave Hours shall not be considered "Utilization. " Required minimums not taken as provided will be forfeited unless otherwise approved by the Fire Chief . The accrual rate of Personal Leave Hours and the minimum amount of utilization of Personal Leave Hours shall be determined as follows : TENURE Maximum no. of Personal Minimum Leave Hours Accumulated utilization per each Bi-weekly Pay Period year (provided maximum cap has not been reached) 1st year 6. 55 0 2nd year 6. 55 40 Beg. 3rd through 4th yr. 6. 55 40 Beg. 5th through 9th yr. 8 . 60 80 Beg. 10th through 14th yr. 10 . 64 80 Beg. 15th and over 12 . 88 80 19 ARTICLE 16 INJURY IN THE LINE OF DUTY CITY UNION The City proposes no change in The Union proposes current article. rewriting the current article . - provides for employee to - city would pay 100% receive 100% of his pay of pay until until Workmen ' s Workmen ' s Compensation begins to compensation begins pay employee - allows employee to - city w o u 1 d utilize compensatory time automatically pay or personal leave time to the 1/3 pay not make up 1/3 pay which covered by workmen's Workmen's compensation Compensation no does not cover matter how iniury occurred - provides for special - would not provide benefit in which City initiative for Manager can grant city to employee cover 1/3 not covered by responsibility for Workmen's Compensation if any unsafe acts or certain criteria met for v i o l a t ion of up to one full year established work or safety rules , or laws - 1/3 special benefit is above and beyond Workmen' s compensation - City would pay 1/3 requirements pay until employee returned to work or receives a - Workmen' s Compensation in disability pension, continuous until employee no matter length of agrees to settlement time - employee can apply for - creates unending, disability pension from unfunded liability city T • ARTICLE 16 • INJURY IN THE LINE OF DUTY 16. 1 Any permanent employee covered by this Agreement who sustains a temporary disability as a result of accidental injury in the course of and arising out of employment by the Public Employer, shall , in addition to the benefits payable under the Workers ' Compensation Law of the State of Florida, be entitled to the following benefits: a. When an employee is absent due to compensable injury, the City will pay 100% of an employee' s average daily earnings for each regularly scheduled work day missed beginning with the first calendar day of the authorized disability, and continuing through the seventh calendar day of the authorized disability. However, in no case shall these payments and those paid through Workers ' Compensation exceed the employeefs normal net salary. Any amount paid by the city to the employee which is subsequently paid by Workers' Compensation shall be reimbursed by the employee to the city. b.` An employee sustaining a lost time injury under this Article may use accumulated Personal Leave Days to cover the time off the job due to an injury until he is compensated by Workers ' Compensation. Personal Leave Days can be used to supplement that percentage ( 33 1/3%) of his pay which is not covered by Workers ' Compensation. The request to allow the employee to do the above must be made to the Fire Chief in writing. c. In addition to the benefits afforded under section a. an employee, subsequent to exhausting all Personal Leave Days, may be awarded special benefits by the city if special circumstances are found to exist in the sole opinion of the City Manager. But such payments shall not , when added to Workers ' Compensation benefits, total more than the normal regular pay received by the employee immediately prior to such disability, nor may such payments continue longer than one year from the date of injury. Factors which the City Manager may consider in each instance are as follows: 25 • 1 . Consideration of degree of responsibility of employee/employer . 2 . Obedience to or violation of laws , statutes , or ordinances involved in connection with the causes of such disability. 3 . Obedience to or violation of safety rules and regulation of the city which are involved in the cause of the disability. 4 . Obedience to or violation of any Department rules , regulations and policies procedures , • or instructions to the employee by • supervisors involving the cause of the disability. The decision to grant or deny special benefits is not subject to the grievance or arbitration provisions of this agreement . 16 . 2 Where injury is caused by the knowing refusal of the 1 employee to use a safety appliance provided by the City, the unemployment compensation benefits shall be reduced twenty-five percent (25% ) . There shall be no reduction if the employee can show there were exigent circumstances that precluded the use of a safety appliance. The determination as to whether the exigent circumstances were sufficient shall be in the sole • discretion of the City Manager. 0 26 • ARTICLE 26 CAREER DEVELOPMENT/FIRE INSPECTOR CITY UNION The City proposes to delete the The Union proposes to add last sentence from the present to the current article . article and no other changes . - last s e n t enc e - additional language reads , Funding for this that would create Article is deferred until incentive pay of the 1992-1993 budget has $75 .00 for any been completed. " employee holding a State Fire Officer One Certificate - present article provides for any employee who receives an Associate - adds additional Degree shall receive incentive money to $ 50 . 00 per month that already above incentive pay other city collective bargaining contracts - any employee who receives a Bachelor's Degree shall receive $110 .00 per month incentive - any employee certified and is assigned to conduct fire safety inspections shall receive $100 .00 per month - provides for incentive money above and beyond any other city collective bargaining contract 3 ARTICLE 26 CAREER DEVELOPMENT/FIRE INSPECTOR 26 . 1 Upon presentation of an official transcript and proof of degree to the Fire Chief , each employee in the bargaining unit who receives an associate degree from a college, which degree is readily identifiable and applicable as a fire-related degree, as outlined in policy guidelines of the Division of State Fire Marshal of the Department of Insurance, shall receive a $50 . 00 per month career development incentive. 26 . 2 Upon presentation of an official transcript and proof of degree to the Fire Chief , each employee of the bargaining unit who receives from an accredited college or university a bachelor ' degree, which degree curriculum includes a major study concentration area readily identifiable and applicable to fire-related subjects , as outlined in policy guidelines of the Division of State Fire Marshal of the Department of Insurance, shall receive a $110 . 00 per month career development incentive. 26 . 3 Employees receiving Career Development monies shall receive monies as accorded them under either Section 26 . 1 or Section 26 . 2 . They shall not receive at the same time monies afforded from both of these Sections . 26 . 4 A bargaining unit employee who possesses a Florida State Certification for fire safety inspector will receive $100 . 00 per month incentive pay for each month the employee is assigned and performs fire safety inspections . Funding of this Article is deferred until the 1992-1993 budget has been completed. 38 ARTICLE 28 WAGES/EMT PARAMEDIC INCENTIVE CITY UNION The City proposes instituting a The Union proposes to n e w salary range continue the present step increment/merit pay plan. plan with 5% between steps , with the follow; - pay ranges have been set - a 30 % pay increase for each lob category applied across the board increase to all pay steps - each employee shall be placed in his appropriate - employee working out pay range for 93/94 at a of class for 24 level that exceeds his hours receives a 15% 92/93 base pay rate increase in pay rate - each employee will - Lt' s assigned to be receive a performance off duty on - evaluation n - evaluation between call/standby shall October 1st. and November receive pay at 1 and 1st . of each year 1/2 time rate for each hour on- - all employees that call/standby receive a satisfactory rating shall be eligible - Lt 's assigned by for a 2% increment Fire Chief to assume increase in their hourly duties of Fire Chief rate of pay while on - duty because Fire Chief - any employee that out of response area receives an above shall receive a 15% satisfactory evaluation, increase in pay rate and is recommend as an outstanding employee by - employee who is the department head shall called back to work be elligible for a one shall receive a time merit bonus based on minimum of 3 hours funds available . at 1 and 1/2 rate of pay • Lt ' s assigned by Fire Chief to assume his duties while he is - employee is required outside the response area to work 15 minumtes shal receive pay at rate past his regular of 5% per hour for each scheduled shift end 24 hour period duties shall r e c i e v e assumed automatic 3 hours pay at 1 and 1/2 pay rate Lt ' s required by the Fire Chief to be on off duty on-call/standby shall - each employee shall receive 8 Kelly hours for receive Longevity each 24 hour shift he is pay of $50.00 for required to be on-call each five years of standby service, increasing i n S 5 0 . 0 0 increaments for each additional five years COST (base wage + FICA + pension) - 1� /// COST - (base wage + FICA + pension) + Longevity Pay - /O` 9� ARTICLE 30 CODE OF ETHICS CITY UNION The City proposes changing The Union proposes the language in the present article remove of article 30 . 1 , to reflect the ability of which references to City employees to work other Personnel Rules Code of employment off duty. Ethics. Also removal of any reference to off duty employment or having to get permission or notification to city off any off duty employment . - employee shall not engage - employees would have in employment that is no written code of inconsistent , ethics to govern incompatible, or in behavior conflict with city position. No employee - city would not be shall work in any place able to make contact defined as a Nuisance with employee if under State Statute needed for emergency call back to duty - no employee shall have interests in any business that contracts with the city - city employment shall be considered primary employment , and shall notify the city within 24 hours of place , address and telephone of off duty employment so city can contact employee in case of emergency call-in response necessity - City will assume no responsibility nor liability for inJuries while working outside employment ARTICLE 30 CODE OF ETHICS AND USE OF CITY EQUIPMENT 30 . 1 Bargaining unit employees shall be bound by the Employee Code of Ethics set forth in the Personal Rules and Regulations . Violations of any provision of the Employee Code of Ethics shall subject the employee to disciplinary action, including discharge. 30. 2 No bargaining unit employee shall use City owned equipment for his personal benefit without the permission of the Fire Chief . The Fire Chief ' s decision on the use of City owned equipment for personal use shall not be subject to the grievance and arbitration sections of this agreement . The use of City equipment is not to be construed as a fringe benefit or as a wage supplement . 30 . 3 When operating City vehicles, the employee must possess a current and valid Motor Vehicle Operators License issued by the State of Florida, appropriate for the • size and type of vehicle operated. • 30 . 4 Employees shall not transport individuals who are not City employees in any City equipment unless the individual is involved in official City business . 30 . 5 The operation of City equipment must be conducted in a manner which insures the safety of the operator, public and equipment at all times : 47