Palm Beach County Collective Bargaining Agreement PDF
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Palm Beach County Fire Rescue
2021
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Summary
This document is a collective bargaining agreement between Palm Beach County and professional firefighters/paramedics. It outlines terms and conditions of the agreement, including payment plans and other employment-related details for the period October 1, 2021 through September 30, 2024.
Full Transcript
Collective Bargaining Agreement between PALM BEACH COUNTY AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. October 1, 202118 through September 30, 20241 1 ...
Collective Bargaining Agreement between PALM BEACH COUNTY AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. October 1, 202118 through September 30, 20241 1 TABLE OF CONTENTS TABLE OF CONTENTS.................................................................................................................................. 2 ARTICLE 1 – PREAMBLE...........................................................................................................................444 ARTICLE 2 – RECOGNITION...................................................................................................................555 ARTICLE 3 – DUES CHECKOFF..............................................................................................................777 ARTICLE 4 – UNION BUSINESS.............................................................................................................888 ARTICLE 5 – BULLETIN BOARDS.................................................................................................. 101010 ARTICLE 6 – MEETING ROOMS.................................................................................................... 111111 ARTICLE 7 – MANAGEMENT RIGHTS......................................................................................... 121212 ARTICLE 8 – MEETINGS WITH MANAGEMENT....................................................................... 131313 ARTICLE 9 – SAFETY COMMITTEE............................................................................................... 141414 ARTICLE 10 – NON-DISCRIMINATION...................................................................................... 151515 ARTICLE 11 – PROHIBITION OF STRIKES.................................................................................. 161616 ARTICLE 12 – PERSONNEL REDUCTION................................................................................... 171717 ARTICLE 13 – SENIORITY................................................................................................................ 191919 ARTICLE 14 – PROBATIONARY EMPLOYEES............................................................................ 212121 ARTICLE 15 – DISCIPLINARY ACTION AND DISCHARGE.................................................... 232323 ARTICLE 16 – GRIEVANCE AND ARBITRATION PROCEDURE............................................ 242424 ARTICLE 17 – PERFORMANCE REVIEW...................................................................................... 272727 ARTICLE 18 – PROMOTIONS......................................................................................................... 282828 ARTICLE 19 – PAY PLAN.................................................................................................................. 515151 ARTICLE 20 – WORK WEEK............................................................................................................ 646464 ARTICLE 21 – OVERTIME................................................................................................................. 696969 ARTICLE 22 – EXCHANGE OF TIME............................................................................................. 737373 ARTICLE 23 – CALL BACK................................................................................................................ 757575 ARTICLE 24 – INCENTIVE PAY....................................................................................................... 767676 ARTICLE 25 – EDUCATION............................................................................................................. 797979 ARTICLE 26 – CERTIFICATION....................................................................................................... 808080 2 ARTICLE 27 – UNIFORMS............................................................................................................... 838383 ARTICLE 28 – VACATIONS.............................................................................................................. 888888 ARTICLE 29 – HOLIDAYS................................................................................................................. 969696 ARTICLE 30 – FUNERAL LEAVE..................................................................................................... 999999 ARTICLE 31 – COURT TIME..................................................................................................... 100100100 ARTICLE 32 - JURY DUTY......................................................................................................... 101101101 ARTICLE 33 – INSURANCE....................................................................................................... 102102102 ARTICLE 34 – PENSION............................................................................................................ 106106106 ARTICLE 35 – DOCUMENTS.................................................................................................... 107107107 ARTICLE 36 – USE OF PERSONAL VEHICLES..................................................................... 108108108 ARTICLE 37 – VOTING.............................................................................................................. 109109109 ARTICLE 38 – STATION CONDITIONS................................................................................. 110110110 ARTICLE 39 – LABOR RELATIONS COMMITTEE............................................................... 111111111 ARTICLE 40 – REPLACEMENT OF PERSONAL PROPERTY............................................. 112112112 ARTICLE 41 – EMPLOYEE BENEFITS..................................................................................... 113113113 ARTICLE 42 – SAVINGS CLAUSE............................................................................................ 114114114 ARTICLE 43 – DURATION OF AGREEMENT....................................................................... 115115115 ARTICLE 44 – EMPLOYEE BILL OF RIGHTS......................................................................... 116116116 ARTICLE 45 – WELLNESS PROGRAM................................................................................... 117117117 ARTICLE 46 – RETIREE INSURANCE..................................................................................... 146146146 ARTICLE 47 – BENEVOLENT FUND....................................................................................... 148148148 ARTICLE 48 – MILITARY LEAVE.............................................................................................. 151151151 ARTICLE 49 - DRUG TESTING................................................................................................. 153153153 SIGNATURE PAGE....................................................................................................................... 174174174 3 ARTICLE 1 – PREAMBLE Section 1. This Agreement is entered into by and between PALM BEACH COUNTY, hereinafter referred to as the “County”, and the PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC., hereinafter referred to as the “Union”. Section 2. It is contemplated that the members of both Bargaining Units will, at all times, exhibit the high degree of professionalism and moral standards commensurate with the stature of the position of uniformed public servant being entrusted to them. Section 3. It is the purpose of this Agreement to achieve and maintain harmonious relations between the County and the Union to ensure an accurate line of communications, and clear transmission of facts relating to the workplace, to provide for equitable and peaceful adjustment of grievances which may arise, and to establish fair standards of wages, hours, and other terms and conditions of employment. Section 4. When the contract refers to an individual/position taking or approving an action, it shall also include designee. 4 ARTICLE 2 – RECOGNITION The County recognizes the Union as the exclusive bargaining representative for all employees of the Palm Beach County Fire Rescue Department in the main bargaining unit certified by the Public Employees Relations Commission (PERC cert. #RA-84-008), and a Supervisory Bargaining Unit certified by the Public Employees Relations Commission (PERC cert. #RA-93-004)as follows: COVERED BY THIS AGREEMENT: Firefighters, Driver Operators, Lieutenants, Captains, ARFF Captains, Special Operations Captains, EMS Captains, Staff AssignmentsCaptains, Battalion Chiefs, Communicator III, Communicator Supervisor, Communications Center Training Supervisor, Communications Center Quality Assurance Manager, Communications Center Operation Manager, Alarm Office Manager, Fire-Rescue Communications Coordinator, Integrated Health Paramedic*, Fire-Rescue Building Coordinator, Fire Apparatus Maintenance Superintendent, Fire Apparatus Tech II, Facility Technician, Electronics Technician, Fire Safety Specialist, Materials Manager, T.V. Producer/Director, Fire Rescue Broadcast Facility Coordinator, Fire Rescue Video Production Manager, Wellness Coordinator, Exercise Physiologist, Fire Rescue Support Services Driver, Fire Rescue Inventory Specialist, Respiratory Protection Specialist, Fire Rescue Respiratory Protection Manager, Fire Rescue Training Facility Coordinator, and Medical Social Work Coordinator, Fire Inspector I, Fire Inspector II, Fire Inspector III. NOT COVERED BY THIS AGREEMENT: Fire Rescue Administrator, Assistant Chief, Deputy Chiefs, Division Chiefs, District Chiefs, Executive Assistants, Budget and Finance Employees, Information Technology Services Employees, Personnel and Payroll Records Employees, Planners and Clerical Employees, Inventory and Stores Manager, Capital Projects Coordinator, Fire-Rescue Fleet Director. Recognition status in the Bargaining Unit shall not change in the event of an assignment. 5 *Prior to implementing a program involving the classification of Mobile Integrated Health, Community Paramedic or CAREST Team Coordinator, the County and the Union agree to negotiate the program, the impacts of the program, and the wages, hours and terms and conditions of employment of the Mobile Integrated Health, Community Paramedic or CAREST Team Coordinator. 6 ARTICLE 3 – DUES CHECKOFF Section 1. Employees who wish to join the Union and have their dues and assessments deducted through the payroll system may authorize the County to make such deductions by using the Union’s “Dues Check off Authorization” form. This authorization shall remain in effect until such time as the County has received written notice of revocation of this authorization. Deductions shall be submitted to the Union each payroll period, and an itemized statement shall be provided to the Union on a monthly basis. Section 2. The Union agrees to indemnify and hold the County harmless against any and all claims, suits, orders or judgments brought or issued against the County as a result of any action taken or not taken by the County under the provisions of this Article. 7 ARTICLE 4 – UNION BUSINESS Section 1. Each employee shall be allowed to voluntarily contribute any accrued leave, except sick leave, to the Union Time Pool. The Union Time Pool may be used for Union business upon approval by the Union President. Employees shall be released from duty on Union Time Pool only if the established needs of the service permit; with the approval of the non-bargaining unit supervisor, but such release shall not be unreasonably denied. Any request for Union Time Pool, that is greater than twelve (12) hours and causes overtime must be approvedauthorized by the Deputy Chief and Union President. The Union President shall supply Fire Rescue with a preapproved list of members who are approved for 12 hours or less. If a member submitting a request for UTP is not on the preapproved list, then the request will need to be approved by the Union President. Any request for UTP shall be submitted in Telestaff and emailed to the appropriate Battalion Chief and District Chief. The District Chief on call shall approve the request and notify the on duty Battalion Chief, who will approve the request in Telestaff. Any time pool usage that causes overtime will be charged at a rate one and one-half (1½). Requests for such time off shall be in writing or on the Department’s computer system and shall be submitted to the Fire Rescue Administrator, forty-eight (48) hours prior to the time of such requested time off; provided that when it is impossible to submit written, forty-eight (48) hours’ notice, then a request may be submitted orally together with the need for the short notices substantiated, and must be approved by the Division Chief in Operations, (or the appropriate non-bargaining unit supervisor in divisions not having Division Chiefs) and later confirmed in writing. Such release shall not be unreasonably denied. All 24-hour time pool requests from the Union President submitted at least thirty (30) days in advance will be approved or denied within two (2) business days of receipt of the request. Section 2. Union Time Pool hours will be used on an hour for hour basis. Section 3. The Union will be allowed up to four (4) designated employee representatives from the Main Bargaining Unit (one (1) of which is from non-shift personnel), and one (1) designated employee representative from the Supervisory Bargaining Unit who shall be permitted to participate in labor contract negotiation sessions while on duty with no loss of pay or emoluments. It is contemplated that the 8 designees will not change except for substantial reason not related to the question of pay or scheduling. Section 4. Two (2) grievance representatives, one (1) of whom is the Executive Vice President of the Union, shall be allowed to utilize time pool to attend grievance meetings. Two (2) Executive Board members shall be allowed to utilize time pool to attend Executive Board meetings (for up to four (4) hours). Section 5. The Union President or designee, if covered by this Agreement, shall be released from duty on a permanent basis to conduct Union business on the basis of a forty (40) hour employee and shall be paid the five (5%) percent adjustment in accordance with this Agreement. One other Union Principal Officer, if covered by this Agreement, designated by the Union President, shall be released from duty on those shifts which fall on Mondays through Fridays to conduct Union business. They shall maintain their current pay, rank, bidded position, and time in grade. They shall accrue all benefits available to other bargaining unit employees (except that they shall be exempt from overtime as to those duties as Union Officers) and shall also be eligible for any promotional examinations as applicable. The President may perform regular Fire Rescue duties upon the approval of the appropriate Deputy Chief. The President and designated other Union Officer, shall be available to conduct Union business during the same hours as the Fire Rescue Administrator. The Union authorizes Payroll to automatically deduct, from the Union Time Pool, the number of regularly scheduled hours in each pay period, unless notified of an exception by the Union. It is further agreed that the County shall provide a written accounting of the usage of the Union Time Pool on a monthly basis. Section 6. The first Executive Vice President of the Union shall be released from duty on Union time pool for all labor-management meetings, the IAFF convention, the FPF convention and other Union business approved by the Union President and the Fire Rescue Administrator. 9 ARTICLE 5 – BULLETIN BOARDS Section 1. The County shall furnish at each Fire Station, and other offices, space for bulletin board for the purpose of Union notices. Material posted shall be subject to review by the Fire Rescue Administrator. Any notice placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such notice or item on the board. Section 2. Notices shall not contain anything reflecting in an untrue manner on the County or any of its Officers, and no materials, notices or announcements, which violate the provisions of this Article, shall be posted. Section 3. Notices placed must be dated and bear the signature of a Union Officer or his or her authorized representative. Section 4. The Union President (and the Firefighter Insurance Benefit Fund and “Local 2928 Retiree Fund” upon approval of the Union President) shall be allowed to use “Outlook” and any successor for notices. Materials posted shall be subject to approval by the Fire Rescue Administrator prior to posting. 10 ARTICLE 6 – MEETING ROOMS Section 1. The County agrees to grant the Union permission to use meeting rooms for its meetings as space and scheduling permit. Section 2. The Union will supply the County with a schedule of monthly meetings and will provide forty-eight (48) hours’ notice of special meetings. Section 3. The Union agrees to leave any meeting room in its original condition at the end of the meeting. 11 ARTICLE 7 – MANAGEMENT RIGHTS Section 1. General. All rights of management, which are not limited by the provisions of this Agreement, are retained by the County. Section 2. Enumeration of Rights. The management of the Fire Rescue Department and the direction of the work force of the Department, including but not limited to the following, are all the exclusive functions of Management: a. the right to plan, direct and control all the operations or services to be performed in or at any facility or by employees of the Department; b. to schedule the working hours; c. to hire, promote, transfer, lay off and recall; d. to suspend, discipline, demote, or discharge, for just cause; e. to make, enforce, change, add to, or delete from, reasonable rules and regulations of employee conduct and performance; f. to make and enforce work standards; g. to determine the content of job classifications; h. to introduce new and improved methods, materials, equipment or facilities; i. and to change or eliminate methods, materials, equipment or facilities. Section 3. Limitation. The exercise of any of the rights enumerated in this Article shall not conflict with, and must be exercised consistent with, other provisions of this Agreement. Section 4. Responsibilities. It is agreed that Battalion Chiefs, by virtue of their job duties and responsibilities, shall carry out the above noted functions with respect to subordinate employees. Section 5. Fire Rescue Element of the Palm Beach County Comprehensive Plan. Minimum staffing proposal will be addressed by amending the Comprehensive Plan. 12 ARTICLE 8 – MEETINGS WITH MANAGEMENT At mutually agreeable times, representatives of the Union and Management shall meet upon request of either party for the purpose of discussing any matter of mutual interest. 13 ARTICLE 9 – SAFETY COMMITTEE Section 1. There shall be a Safety Committee in the Fire Rescue Department, which shall consist of six (6) members. Three (3) members shall be appointed by the Union and three (3) members shall be appointed by the Fire Rescue Administrator. Section 2. The Safety Committee shall meet bi-monthly or more or less often by mutual consent, and such meeting shall be scheduled at the time established by the Fire Rescue Administrator. The Fire Rescue Administrator shall preside at all meetings. Section 3. The purpose of these meetings will be to discuss problems and objectives of mutual concern related to safety and health conditions of the Fire Rescue Department. Section 4. Meetings shall be conducted on a semi-formal basis following an agenda which shall include items submitted by any member of the Committee to the Fire Rescue Administrator at least five (5) calendar days prior to the meeting, together with such information as may be helpful in preparing a meaningful meeting agenda program. The agenda shall be provided to each member of the Committee. The Fire Rescue Administrator shall arrange for minutes to be taken of each meeting and for distribution of copies to each member of the Committee in advance of the next meeting. Recommendations of the Committee shall be sent to the Fire Rescue Administrator who shall in turn respond in writing within thirty (30) days. Section 5. A copy of all notices of exposure to infectious disease, job related accidents or injuries, with the employee’s name blanked out, shall be provided to the Union, when requested. Section 6. This Article may be amended by mutual written agreement between the Fire Rescue Administrator and the Union President. 14 ARTICLE 10 – NON-DISCRIMINATION Neither the Union nor the County shall discriminate against any employee covered by this Agreement on the basis of race, color, religion, sex, age, disability, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression, or genetic information. The County and the Union mutually agree to support the Affirmative Action Program of the County, so long as it does not conflict with provisions in the Collective Bargaining Agreement. Charges of discrimination by an employee against the County, its officers, or representatives must be filed with any appropriate agency having jurisdiction of such charge, and are not subject to the grievance procedure under this Agreement. 15 ARTICLE 11 – PROHIBITION OF STRIKES No employee may participate in a strike against the County by instigating or supporting, in any matter, a strike as defined in Chapter 447, Part II, Florida Statutes. Any violation of this Section shall subject the violators to the penalties provided by law. The parties further agree that the County shall have the right to discharge or otherwise discipline any employee(s) who engage(s) in any activity in Chapter 447, Part II, Florida Statutes, at its discretion. 16 ARTICLE 12 – PERSONNEL REDUCTION Section 1. In the case of a personnel reduction, probationary employees in the classification to be reduced shall be laid off first. Thereafter, the employee in the classification to be reduced with the least seniority shall be laid off first. Battalion Chiefs and EMS Captains with the least seniority in the rank of Battalion Chief and EMS Captain shall be reduced to the highest rank they previously held and are currently qualified for or may become qualified for within three (3) months or such extension of time as may be agreed to by the Fire Rescue Administrator and the Union President. For purposes of this Article, employees who have a needs improvement or unacceptable performance evaluation during the most recent annual evaluation may have their seniority reduced by one year. For purposes of this Article, Paramedics shall be considered a classification only in order to prevent the number of Paramedics from being reduced below State requirements. Section 2. Employees who are laid off from their classifications may bump into the next lower classification in which case they may bump the most junior employee in the classification if that junior employee has less seniority. Section 3. Employees who are laid off, or who have bumped into the next lower classification, shall be recalled to their original classification in the reverse order in which they were laid off or bumped (last laid off or bumped, first recalled) provided they meet the requirements to perform the work. Employees on layoff or who have been bumped, shall be offered recall before employees are hired into their classification, or shall be offered a new position in another lateral or lower classification for which they are qualified before new employees are hired into the other classification. Section 4. Employees who are laid off shall be paid one hundred (100%) percent of accrued vacation leave. Section 5. In the case of a personnel reduction in the rank of District Chief, those District Chief(s) identified by the Fire Rescue Administrator who were promoted to that rank before July 14, 2000, and District Chiefs appointed to the rank as a result of municipal mergers, shall be reduced to the rank of Battalion Chief. Such reduction shall not adversely affect the wages, hours, and terms and conditions of employment of any other bargaining unit employee. 17 Section 6. Employees promoted to the rank of District Chief after July 13, 2000, who are affected by a personnel reduction in the rank of District Chief, shall be reduced to the rank previously held, or another position for which they have successfully tested, in accordance with the provisions of this Article. No personnel in the classification to which the employee is returned shall be removed, and any over-staffing shall be addressed through attrition. District Chiefs may sit for promotional examinations for positions of lower rank within the bargaining unit and will be considered to have obtained that status upon successful promotion of any employee with a lesser standing on that promotion register. Section 7. The protection afforded to other bargaining unit employees in sections 5 and 6 above, shall not apply in the event of a workforce reduction that affects all ranks. Section 8. Station Closing – A station shall be considered closed when it is taken out of service, even if it is re-opened in a new Battalion. In such a case, the personnel at the closed station shall have “bumping” rights in accordance with the Station Bid policy, which may be amended by negotiation or agreement between the Fire Rescue Administrator and the Union President, and the new station shall be bid. Section 9. Station Re-location – A station shall be considered re-located when it is closed and re-opened within the same Battalion. In such a case, their personnel shall be re-located in the same Battalion, at the new station. Section 10. The classification and bumping rights of non-bargaining unit personnel included in any merger shall be determined by negotiation or agreement between the Fire Rescue Administrator and the Union President. 18 ARTICLE 13 – SENIORITY Section 1. Seniority shall be determined from date of last hire with the County Fire Rescue Department; County Airport; or County EMS; or from the date of hire with the predecessor Fire District, if the employee was employed by the Fire District on September 30, 1984, and was employed by the County as of October 1, 1984; or from the date of hire with Lantana Fire Department, if the employee was employed by Lantana Fire Department on September 30, 1997, and was employed by the County as of October 1, 1997; or from the date of hire with Royal Palm Beach Fire Department, if the employee was employed by the Royal Palm Beach Fire Department on March 12, 1999, and was employed by the County as of March 13, 1999; or from the date of hire with Lake Park Fire Department, if the employee was employed by the Lake Park Fire Department on June 28, 2002, and was employed by the County as of June 29, 2002, or from the date of hire with the Belle Glade, Pahokee or South Bay Fire Department, if the employee was employed by the Belle Glade, Pahokee or South Bay Fire Department on September 30, 2006, and was employed by the County on October 1, 2006; or from the date of hire with the Lake Worth Fire Department, if the employee was employed by the Lake Worth Fire Department on September 30, 2009, and was employed by the County as of October 1, 2009; or from the date of hire with the Palm Springs Fire Department, if the employee was employed by the Palm Springs Fire Department on September 30, 2009, and was employed by the County as of October 1, 2009. If two (2) or more employees have the same date of hire, seniority shall be determined by date of application with the County or with the predecessor Fire District/Department. All employees hired after June 1, 1991, who have the same date of hire, shall have their seniority determined by random selection by Employee Relations and Personnel except where noted above for Lantana, Royal Palm Beach, Lake Park, Belle Glade, Pahokee and South Bay, Lake Worth, and Palm Springs Fire Department former employees. Section 2. Seniority lists shall be posted on the Intranet. Exceptions to the list shall be made by filing a written notice and the list shall be revised to reflect the results of any investigation. If the written notice and the investigation thereof produce a dispute, which is not resolvable, a grievance can be filed. Section 3. For Battalion Chiefs and EMS Captains, seniority in rank shall be determined from the effective date of last being appointed or promoted to a Battalion Chief and EMS Captains; where employees have the same date of appointment or 19 promotion, seniority in rank shall be determined by position on the promotional register with highest position being most senior. If two (2) or more Battalion Chiefs have the same date of rank, then seniority shall substitute Seniority in rank shall be used for determining rank reduction for those Battalion Chiefs and EMS Captains with the same date of rank. In the event a District Chief is demoted to the rank of Battalion Chief, their total time at a rank of Battalion Chief or higher, which has been continuous, shall be counted towards their total seniority rank as a Battalion Chief. Section 4. Effective September 26, 1997, iIn the event that an employee leaves a bargaining unit position in Palm Beach County Fire Rescue, for another position with any other Palm Beach County agency, and is granted permission by the Fire Rescue Administrator to return to the same position which was previously vacated within one year, that employee shall be entitled to resume their original position. The employee shall be slotted in the same position in the step plan, which they vacated. The employee, however, will not be entitled to any resumption of seniority or retroactivity of pay or benefits. The return to the original position in Palm Beach County Fire Rescue may only be done in the event that there is a position available to fill within that year. The provision in this Article does not allow for bumping of personnel already working for Palm Beach County Fire Rescue. Section 5. In the event that a bargaining unit employee appointed into non- bargaining unit position(s) is demoted for any reason, the employee would return back to the last bargaining unit position they held and will be entitled to seniority as of the date of return to the position. The employee will be held as an extra in that position until the next promotional list or for 24 months, whichever is sooner. 20 ARTICLE 14 – PROBATIONARY EMPLOYEES Section 1. New employees will be on probation for a period of one (1) year from the date of hire; however, the new employee’s probation may be extended due to an extended absence (30 calendar days or more) or unsatisfactory performance. The new employee’s probation will continue when they return to full duty and last until they have completed a total of twelve (12) months of probation. During the probationary period new employees may be terminated and will have no right to have the issue of their termination arbitrated. Subject to the exceptions listed below, the new employee’s step increase will not be granted as a result of this extension of probation until probation has been successfully completed. However, after being absent due to a work-related injury, if an employee successfully completes probation, the new employee’s step increase will be paid retroactively. Probationary employees who are unable to work full duty due to military leave, and whose probationary performance was acceptable prior to the military leave, shall be considered to have successfully completed their probation one year from the date of hire. If a recruit recycles into another Recruit Academy class, their 12-month probation will be extended to begin at the start of the Recruit Academy class they graduate from. For newly hired Firefighters, successful completion of the Training and Safety Division Recruit Academy shall be considered as a mandatory component of successful completion of probation. Section 2. Employees who are promoted will be on probation in the promoted classification for a period of four (4) months (which may be extended by two (2) additional months upon written notice to the employee), during which time they may be returned to their former classification at the pay rate they would have had if they had not been promoted and will have no right to have the issue of their return to that classification submitted to arbitration. Section 3. Use of Vacation Time While on Probation – Newly hired probationary employees shall not use vacation time during the first three (3) months of employment or while in officially scheduled training. 21 Section 4. If employment is terminated for any reason during the probationary period, there will be no payout of vacation or sick leave accrual. 22 ARTICLE 15 – DISCIPLINARY ACTION AND DISCHARGE Section 1. Disciplinary action may be taken for just cause. Section 2. Any employee disciplined or discharged will be notified of the discipline or discharge in writing within ten (10) business days, of the incident which prompted the action or management’s (which shall be defined as any Supervisor who, under the disciplinary policy and guidelines, may take action without the approval of a higher ranking Officer or Manager) knowledge of the incident. Failure of management to inform the employee of impending discipline or discharge within the stipulated time may be a factor in any just cause determination by an arbitrator. Section 3. The effective date of the discipline shall be the date an employee signs written communication acknowledging notification of the disciplinary action and/or suspension. Section 43. If the grievance procedure is instituted over discipline, any written disciplinary action will not be placed in the personnel file or any permanent file until the grievance procedure is completed. If the discipline is rescinded, disciplinary action will be stamped as such and placed in the personnel file. During the promotional process, disciplinary material in the employee’s personnel file two (2) years or older (or one (1) year or older in the case of reprimands or counseling) will not be given to any interview board. Section 54. A discharge shall be considered a suspension without pay until completion of Step 3 of the grievance procedure. 23 ARTICLE 16 – GRIEVANCE AND ARBITRATION PROCEDURE Section 1. Any grievance concerning the application or interpretation of the terms of this Agreement, or a claimed violation thereof, shall be settled in the following manner: STEP 1. The grievance shall first be discussed orally with the employee’s District Chief, or non-bargaining unit supervisor, with the presence of a Union representative, within ten (10) calendar days of the date of the grievance or knowledge by the affected employee of the occurrence giving rise to the grievance. Grievances resolved at this step must be documented on a grievance form and forwarded to the Fire- Rescue Administrator and the Union. STEP 2. If the grievance has not been satisfactorily resolved in Step 1, a written grievance shall be filed within seven (7) calendar days following the completion of Step 1. The grievance shall be filed with the appropriate Deputy Chief. The Deputy Chief, shall meet with and discuss the grievance with the aggrieved employee and Union representative, within five (5)seven (7) calendar days of the written grievance. An answer to the grievance shall be submitted to the Union and to the aggrieved employee, in writing, within five (5)seven (7) calendar days thereafter. STEP 3. If the grievance has not been satisfactorily resolved in Step 2, a written appeal may be taken to the Fire Rescue Administrator by the Union within seven (7) calendar days following completion of Step 2. Within ten (10) calendar days of receipt of such appeal, the Fire Rescue Administrator may meet with the aggrieved employee and Union representative to discuss the grievance, and shall meet with the Union representative in the event filed under Section 3. The Fire Rescue Administrator shall respond in writing within seven (7)ten (10) calendar days thereafter. STEP 4. If the grievance has not been resolved in Step 3, the Union may request a final and binding disposition by filing a written request for arbitration with the Fire-Rescue Administrator within sixty (60) days of the completion of Step 3. An arbitrator shall be selected from a panel of seven (7) arbitrators provided by the Federal Mediation and Conciliation Service. 24 The Union shall have the exclusive right to proceed to arbitration on behalf of bargaining unit members. Section 2. Failure of the County to respond within the timeliness guidelines of a grievance shall result in the grievance being advanced to the next step unless the parties agree otherwise in writing. Section 3. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the Union and the County, it shall be presented in writing directly at Step 3 of the Grievance Procedure, within fifteen (15) days of the time limits provided for the submission of a grievance in Step 1 and shall be signed by the aggrieved employees or the Union representative on their behalf. Section 4. Arbitration – All grievances shall be arbitrated on an expedited basis. To accomplish this goal, the County and the Union agree upon the following procedures: 1. The arbitrator must be notified immediately. 2. After an arbitrator has been selected, the arbitration hearing shall be held no later than thirty (30) days thereafter, unless the arbitrator is unavailable within this thirty (30) day period. 3. Briefs, if any, must be filed with the arbitrator no later than fifteen (15) days after the close of the hearing, or after receipt of the transcript, if a transcript is requested. 4. The arbitrator must render an opinion within twenty (20) days of the receipt of the briefs. Section 5. The cost of the arbitration shall be divided equally between the parties. Either party may strike one (1) entire panel with the striking party paying for the cost of the new panel. Section 6. The Union reserves the right not to represent employees who are not members of the Union. 25 Section 7. If an employee elects not to have Union representation, or if the Union elects not to represent an employee, the County shall keep the Union informed of all proceedings initiated by the employee on his or her own behalf, provide copies of all written documents, and give the Union full access to any meeting held on the matter. Section 8. In the event that either party claims that a dispute is non-arbitrable, the arbitrator will rule on that issue and also on the merits of the grievance if it is determined to be arbitrable. Section 9. The limits set forth in this article are of the essence and must be strictly complied with, but may be extended by mutual written agreement of the parties. A grievant’s or Union’s failure to process a grievance within the time limits set forth in this Article shall mean that the grievance shall be treated as withdrawn unless the parties agree otherwise in writing. In order to be eligible for processing, a grievance must be timely filed and contain the following: A. The name of the grievant, whether it is an individual employee or the Union. B. The identification of the event or omission that gave rise to the grievance and the time it occurred and a short, plain statement of the facts surrounding the grievance, with an explanation of how the contract was violated. C. The citation of the particular sections and subsections of this Agreement (not articles alone) on which the grievant relies which may be amended by the Union at any time prior to referral to arbitration, with written notice to the County. D. A statement of the precise relief sought. 26 ARTICLE 17 – PERFORMANCE REVIEW Section 1. Employees shall be evaluated annually and periodically, in special circumstances, by their immediate supervisors and reviewed at higher levels. Section 2. Any employee may file a grievance over his or her performance rating provided such a grievance may not be taken to arbitration unless it involves a rating of unacceptable or needs improvement of a permanent (non-probationary) employee. The burden of proving just cause rests with management. Section 3. Employees shall receive step increases on the effective anniversary date or effective date of last promotion. Employees promoted within two pay periods of their effective anniversary date or effective date of last promotion will receive the next step increase. Section 4. Employees receiving a rating of unacceptable or needs improvement on their annual review will have the effective step increase rescinded and shall reimburse the Department the received step increase amount over the same time frame which it was paid by the Department. The step increase shall remain rescinded for the period of time their performance is unacceptable and shall not be paid retroactively. Section 5. Employees (except probationary new hires) must work at least six (6) months out of each one (1) year rating period in order to have their performance accurately rated. Employees who work less than six (6) months will not be rated, and therefore, will be ineligible for annual step raises. Employees who are denied a step raise as described above, who then return to work in that rating period for at least four (4) months, and who receive at least a rating of “acceptable”, shall be given the annual step raise retroactive to the point at which the employee returned to work. Section 6. Probationary employees shall receive performance reviews at the completion of the rRecruit Academy or applicable training program, at the completion of sixfour (64) months; at the completion of eight (8) months of continuous service with the Department and at the completion of twelve (12)the eleventh (11th) months of continuous service with the Department. 27 ARTICLE 18 – PROMOTIONS Section 1. Filling of Positions A. For the position of Driver Operator, Lieutenant, Captain, ARFF Captain, Special Operations Captain, EMS Captain and Battalion Chief, where active promotional registers exist, all promotions will be made within two (2) pay periods after the vacancy occurs unless the Fire Rescue Administrator orders the freezing or elimination of said positions. The Fire Rescue Administrator shall provide the Union with written notice of two (2) pay periods in advance of any such freezing or elimination unless the vacancy is unanticipated, in which case said notice will be provided within two (2) business days. For the positions of Communication Supervisor, Communications Center Quality Assurance Manager, Communications Center Training Supervisor, Shop Foreman, or Fire Apparatus Maintenance Superintendent, where active promotion registers do not exist, promotions will be made within one hundred twenty (120) days after vacancy occurs. B. All selection procedures for all promoted positions shall be developed in accordance with legal and professional standards and will endeavor to be reliable, valid, non-discriminatory, and applied consistently. However, disputes arising as a result of this subsection shall not be arbitrable. Section 2. Notification of Examination Employees will be given written notice, posted on all Department computers, at least ninety (90) days in advance of a target promotional examination date. The written examination will be held no sooner than ninety (90) days after the notice, no later than one hundred twenty (120) days after the notice. Source materials from which the examination is drawn shall be listedgiven in writing concurrent with the promotionalexam advertisementannouncement and shall be in print or otherwise obtainable. The oral interview board, practicale exam, or assessment center, and practical scenarios shall be given no sooner than thirty (30) days and no later than sixty (60) days from the posting of the written exam scores, unless there are unforeseen circumstances which necessitate the extension of the process. 28 Section 3. Application for Examination No employee shall be permitted to apply for a promotional examination after the announced closing date. The closing date will take effect between thirty (30) and thirty- five (35) days prior to the date of the examination. Section 4. Eligibility Criteria for Promotional Examinations A. In order to be eligible to take a promotional examination, the candidateapplicant must not have been suspended for more than twenty-four (24) hours during the twelve (12) months preceding the announced closing date for the written examination and until the date the examination process is completed. For the purpose of disciplinary action and promotional examination eligibility, the effective date of the discipline shall be the date an employee signs written communication acknowledging notification of the disciplinary action and/or suspension. A demotion shall be considered as equivalent to a suspension of greater than twenty-four (24) hours for the purposes of promotional eligibility. B. Employees who apply for a promotion must have the prerequisites as of the announced closing date for the written examination unless an exemption is noted. C. Degree Approved Associate’s or Bachelor’s Degree shall mean a degree for which an employee was approved by the State of Florida for Educational Incentive. An employee who has submitted the application for Initial Entry into the Firefighter’s Supplemental Compensation Program as required in FR-T-205, but has not received approval from the Fire Rescue Administrator or the State of Florida, shall be permitted to take the exam on a provisional basis. Should the Fire Rescue Administrator or the State of Florida deny the request, the employee shall be removed from the promotional process, regardless of the phase, including removal from a finalized promotional roster. 29 1. Eligibility and continuous service requirements may be reduced by 12- months with an approved degree when the degree used is not part of the minimal requirements for the position. The requirement for each position will reflect which of the time requirements may be reduced. 2. Personnel with an approved Associate’s Degree may utilize the degree for only aone single promotional opportunity. Personnel with an approved Associates Degree and Bachelor’s Degree may utilize the Degrees for two (2) promotional opportunities. 3. Personnel with an approved Bachelor’s Degree, but without an Associate’s Degree, the Bachelor’s Degree may be utilized the degree for a maximum of two (2) promotional opportunities, but this cannot be combined with the use of an Associate’s Degree. 3. Movement from Driver Operator to Lieutenant shall be considered cumulative provided the employee performs a minimum of one (1) year as a Lieutenant. The following applies to Driver Operator requirements: (a) Department certified Driver Operator prior to October 1, 2005; or (b) Successful completion of a fire hydraulics and fire apparatus course from a County Technical School, Community College or other state recognized institution; or (c) Successful completion of the Department’s Driver Operator Candidate School.; or (d) Have actually been permanently assigned as a Driver Operator. 1. Driver Operator: (a) Current employment with the County as a Firefighter; and (b) Forty-eight (48) months continuous service as a Firefighter. Section 4C-1 applies; provided that any person with an Associate’s or Bachelor’s Degree as approved by the State of 30 Florida for Educational Incentive, need only have thirty-six (36) months continuous service as a Firefighter; and (c) Current EMT or Paramedic certification; and (d) Class E driver’s license; and (e) No driver’s license suspension for DUI or points, within two (2) years; and (f) No preventableavoidable and major accidents for twelve (12) months; and (g) Driver Operator requirement; and, except “(d)” of the Driver Operator requirement. (h) Effective October 1, 2022, State of Florida Pump Operator Certification. 2. Lieutenant: (a) Current employment with the County as Firefighter and/or Driver Operator for a minimum of sixty (60) months. Section 4C-1 applies; and (b) Active Driver Operators shall have two (2) points added to their final score, which points shall be removed in the event the employee no longer holds the rank of Driver Operator at the time of promotion; and (c) Thirty-sixForty-eight (3648) continuous months as a current Department protocoled Paramedic from the date of completion of Paramedic Development Course (PDC); and (dc) Successful completion of Department approved Trauma Course if available; and (ed) Successful completion of Department approved Advanced Airway Management Class.; and 31 (f) Successful completion of Department approved Pediatric Course; and (g) Effective January 1, 2024, Fire Officer I approved by the State. 3. Captain: (a) Current employment with the County for 108 months if a Firefighter, 96 months if a Driver Operator or 84 months if a Lieutenant. Section 4C-1 applies; and (b) as a Firefighter, Lieutenant or Driver OperatorActive Lieutenants with greater than 18 months in the position shall have five (5) points added to their final score, which points shall be removed in the event the employee no longer holds the rank of Lieutenant at the time of promotion; and (b) One hundred eight (108) months continuous service as a Firefighter; provided that any Firefighter with an Associate’s or Bachelor’s Degree as approved by the State of Florida for Educational Incentive, need only have ninety-six (96) months continuous service as a Firefighter or: forty-two (42) months as a Driver Operator provided that any Driver Operator with an Associate’s or Bachelor’s Degree as approved by the State of Florida for Educational Incentive, need only have thirty (30) months continuous service as a Driver Operator or: thirty (30) months as a Lieutenant provided that any Lieutenant with an Associate’s or Bachelor’s Degree as approved by the State of Florida for Educational Incentive, need only have eighteen (18) months continuous service as a Lieutenant; and (c) Current Department Protocoled Paramedic; or current EMT and Department Protocoled Paramedic within two (2) years after promotion; or current EMT and completion of Associate’s Degree in Fire Science or EMS within three (3) years after promotion. Employees who are not Department Protocoled Paramedics at time of promotion must agree to 32 and complete a form, approved by the Union President and the Fire Rescue Administrator, stating the anticipated progress toward meeting the requirements of this paragraph; and (d) Successful completion of Strategy and Tactics (FFP 1810 or equivalent) and Company Officer Leadership (FFP 2720 or equivalent); and (e) Driver Operator requirement; and (f) Effective January 1, 2024, Fire Officer II approved by the State. 4. ARFF Captain, Special Operations Captain and EMS Captain: (a) Current employment with the County and twenty-four (24) months continuous service as a Specialty Captain or forty- eight (48) months continuous service as a Captain Section 4C-1 applies; and (b) EMS Captain – Forty-eight (48) months continuous service as a Ccurrent Department Protocoled Paramedic; andor (c) Successful completion of Department approved Trauma Course; and (d) Successful completion of Department approved Advanced Airway Management Class; and (e) Successful completion of Department approved Pediatric Course; and (f) Florida Incident Safety Officer Certification or Department approved equivalent; and (g) Effective October 1, 2022, State Certified Fire Instructor I or higher; and 33 (h) Effective January 1, 2024, State Certified Fire Officer II or higher. 5.(b)Special Operations Captain: (a) Current employment with the County and twelve (12) months continuous service as a Captain; and (b) Current Department protocoled Paramedic; and (c) HazMat Tech Certification,; and (d) Department approved Dive Rescue Certification; and (e) Prior to October 1, 2023, Rope Rescue Operations, Confined Space Rescue Operations and Confined Space Rescue Technician. After October 1, 2023, FLUSAR Rescue Specialist Certification; andor (f) Effective October 1, 2022, State Certified Fire Instructor I or higher; and (g) Effective January 1, 2024, State Certified Fire Officer II or higher. 6.(c)ARFF Captain: (a) Current employment with the County and twelve (12) months continuous service as a Captain; and (b) Current Department protocoled Paramedic or EMT,; and (c) mMeets all requirements for ARFF assignment in accordance with Policy# FR-O-103;, and Fire Instructor I. Fire Instructor I must be completed within one (1) year of promotion to ARFF Captain. (d) Effective October 1, 2022, State Certified Fire Instructor I or higher; and 34 (e) Effective January 1, 2024, State Certified Fire Officer II or higher. 75. Battalion Chiefs: (a) Current employment with the County as a Captain, ARFF Captain, Special Operations Captain or EMS Captain; and (b) Thirty-six (36) months continuous service as an ARFF Captain, Special Operations Captain or EMS Captain provided that any ARFF Captain, Special Operations Captain or EMS Captain with a Bachelor’s Degree, or equivalent as approved by the State of Florida for Educational Incentive, need only have twenty-four (24) months of continuous service as an ARFF Captain, Special Operations Captain or EMS Captain; or sixty (60) months continuous service as a Captain Section 4C- 1 applies, provided that any Captain with a Bachelor’s Degree, or equivalent as approved by the State of Florida for Educational Incentive, need only have thirty-six (36) months of continuous service as a Captain; and (c) Current Department Protocoled Paramedic certification or EMT and Paramedic qualifications, per section 15; and (d) Associate Degree or higher in a category of studyas approved by the State of Florida for Educational Incentive; and (e) Florida Incident Safety Officer Certification or Department approved equivalent; and (f) State Certified Municipal Fire Inspector; and (g) State Certified Fire Instructor I or higher; and (h) Effective October 1, 2019: State Certified Fire Officer I or higher; and (i) Effective January 1, 2024; State Certified Fire Officer III or higher. 35 86. District Chief: Refer to District Chief Supervisory Unit Collective Bargaining Agreement, Article 16-Promotions for District Chief promotional qualifications. 9. Communications Center Operations Manager (a) Three (3) years continuous service as a Communicator Supervisor, Communications Center Quality Assurance Manager, or Communications Center Training Supervisor or a combination thereof; or similar service with another employer. 107. Communications Supervisor: (a) Current employment with the County as a Communicator III; and (b) Three (3) year continuous service as a Communicator III; and (c) EMD certified. 118. Communications Center Quality Assurance Manager: (a) Current employment with the County as a Communicator III or Communications Supervisor; and (b) Three (3) years continuous service as a Communicator III; and (c) The selection procedure for a Communications Center Quality Assurance Manager shall include an oral interview process. 912. Communications Center Training Supervisor: 36 (a) Current employment with the County as a Communicator III; or Communications Supervisor and (b) Three (3) years continuous service as a Communicator III; and (c) The selection procedure for a Communications Center Training Supervisor shall include an oral interview process. 1013. Shop Foreman: Shop Foreman is paid as an assignment; not as a promotion. Below are the qualifications for that assignment. (a) Current employment with Palm Beach County as a Fire Apparatus Tech II; and (b) ThreeFive (53) years continuous service with the County as a Fire Apparatus Tech II; and (c) Four (4) of eight (8) ASE certifications. (d) Maintain Level I EVT Certification. 1114. Fire Apparatus Maintenance Superintendent: (a) Open/competitive selection process; and (b) Minimum of sixseven (76) years as a Fire Apparatus Tech II with Palm Beach County Fire Rescue or at least one year as Shop Foreman with Palm Beach County Fire Rescue; and (c) Maintain ASE Master Certification or EVT Master Certification. (d) Maintain Master Level III EVT Certification. Continuous service refers to continuous service as used herein with Palm Beach County Fire Rescue Department as defined in Article 13 Section 1. For the purposes of time in grade required to be eligible for participation in a promotional process, the Belle Glade, Pahokee or South Bay Fire Department 37 employees slotted as Battalion Chiefs, Lieutenants or Driver Operators on October 1, 2006, shall have a date of promotion of October 1, 2006, and Palm Springs employees shall have a date of promotion of October 1, 2009. Section 5. Selection Procedures A. Selection procedures for Lieutenant, Captains, ARFF Captains, Special Operations Captains, EMS Captains and Battalion Chiefs shall include written examinations, and oral interview boards and/or practical exercises (structured panel/exercise evaluations or assessment centers). B. Selection procedure for Driver Operators shall be made from the written examinations and practical exercisesexam. C. The selection procedure for Communicator Supervisor shall include a written examination and an oral interview board. D. The selection procedure for the Communications Center Operation Manager, Communications Center Training Supervisor, Communications Center Quality Assurance Manager, Fire Apparatus Maintenance Superintendent and Shop Foreman shall consist of an oral interview. E.Should the County need to promote a Fire Apparatus Maintenance Superintendent the parties will meet to negotiate selection procedures. EF.Hiring and or promotion into the position of Communications Coordinator, Building Coordinator and Alarm Office Manager shall be at the discretion of the Fire-Rescue Administrator. Section 6. Testing Security Procedures The following security procedures will apply to written exams, oral interviewsreview boards, and practical exercisesexams, assessment centers, and/or practical scenarios (also referred to collectively and/or individually as exam or exams) for the Driver Operator, Lieutenant, Captain, ARFF Captain, Special Operations Captain, EMS Captain and Battalion Chief positions: 38 A. All candidates for promotion shall sign a statement that they are not related by blood or marriage to any exam development team or committee member; and that they have not received any prior knowledge of exam items. B. All Subject Matter Experts shall sign a statement that they are not related by blood or marriage to any exam development team or committee members; and a statement not to discuss exam items, or be involved with the tutoring of any promotional candidate. C. If the written exam, oral interviewreview board, and practical exercisesexam, assessment centers, and/or practical scenarios are developed by Human Resources, writing, preparation, and editing of questions will take place on County property, under the direct supervision of the Human Resources staff person assigned to develop the exam. Exam items will not be drafted, or edited, outside of these areas and no exam materials will be removed, by any employee of Palm Beach County Fire Rescue. D. If the written exam, oral interviewreview board, and practical exercisesexam, assessment centers, and/or practical scenarios are developed by Human Resources, all exam material prior to and after examination, will be locked and secured. E. Written exam items will be developed using only the referenced study materials, by small teams of subject matter experts. F. Each team will develop two (2) to three (3) times more items than will actually be used in the exam. No Item Development Team Member or other employee of Palm Beach County Fire Rescue will be informed of which items are on the actual exam. Exams, once developed, will not be handled or delivered by any employee of Palm Beach County Fire Rescue. Exams will be administered by Human Resources and non-bargaining unit employees of Palm Beach County Fire Rescue unless otherwise provided for in this agreement. G. Candidates for the same rank shall be tested at the same time, subject to the County’s ability to adequately staff the Department. 39 H. The County will use randomizedscrambled versions of the same test for the written exam. I. Prior to the exam, the facilitator will announce a zero tolerance policy for cheating, and follow up with close and continuous proctoring of the exams (which may include videotaping for documentation). Any employee caught cheating shall be disqualified from the promotional process and subject to the appropriate disciplinary action. J. Protest Procedure: 1. The proper procedure for protesting the written exam shall be announced prior to starting the exam and shall include the following: a. Item not from the reading list. b. No correct answer available. c. More than one correct answer. 2. All protests must be noted at the conclusion of the exam. No candidates are to be involved in the discussions related to the resolution. 3. If a protest is determined to be valid, the affected item shall be removed from the test for all candidates. All protests shall be resolved within three (3) business days of the exam. 4a. Candidates will be given two (2) chances to appeal the performance-based component of the promotional process. For the first appeal opportunity, candidates can appeal a procedural error or method error on the day of the performance-based component and it will be reviewed and decided within three (3) business days of the event. b. Candidates will also be given a chance to appeal their individual score on the performance-based component. Within five (5) business days of the posting of the results of a performance-based exam component of a promotional exam, candidates will be given a 40 chance to review their recorded performance on the performance- based exercises. After reviewing their recorded performance on the exercises, if the candidate feels that there is significant error in their score on any or all of the exercises, the candidate may submit a written appeal. This appeal must be submitted within twofive (25) business days of their review of the recorded performance. The Local and Management will meet to check the validity of the protest before re-convening the original assessors. After receiving the appeal on the score, the Exam Committee will request that a panel of the assessors drawn from the original trained panel be convened but with new input from at least one assessor who did not participate in the first assessment. This new panel of assessors will be trained for this purpose. The outcome of the appeal could be that candidate score remains the same; the score could go up; or the score could go down. If the panel of assessors believe that the original score had errors that may have resulted in the candidate’s score being unfairly higher or lower than itthe candidate should have been, it will be rescored, within two (2) weeks of the receipt, by Human Resources receivingof the appeal. The outcome of the appeal could be that the candidates score remains the same, the score could go up or the score could go down. The rescored version of the recorded performance shall be the final score. K. Passing Scores The passing grade for written examinations shall be seventy (70%) percent established by testing professionals. L. Oral interviews/practical exercises shall be conducted using a blind numbering system. Each candidate shall be assigned an applicantcandidate number, which shall be used as identification, in lieu of their name during the exam interview process. M. Once the questions for the oral interview/practical exercises are developed, response standards shall be created. Points shall be applied for each itemquestion based on the response standards. All candidates who participate in the oral interviews/practical exercises shall have their 41 interviewperformance scored and totaled. These totals shall be the basis for the oral interview/practical exercises score. Section 7. Written Examinations A. Eligible, qualified candidatesapplicants shall take a written examination, which shall be graded. B. The written exam content shall be weighted as determined by the job task analysis and shall include questions and from the following skill dimensions, as applicable to the position being tested. Supervisory Practices Incident Command ALS/BLS Protocols Department Policies/S.O.G.’s Fire Hydraulics Fire Apparatus and Procedures Emergency Operations Aircraft Rescue Fire Fighting Fire Prevention Hazardous Materials Collective Bargaining Agreement Additional materials as applicable to the positions C. All candidates receiving a passing grade on the written examination shall be eligible to participate in the oral interview/practical exercises process. Section 8. Posting of Examination Scores A list of candidatesapplicants receiving a passing grade on the written examination shall be posted on all Department computers in order of highest to lowest score. Section 9. 42 A. Oral Interview Boards/Practical Exercises This shall pertain to Lieutenants, Captains, ARFF Captains, Special Operations Captains, EMS Captains, Battalion Chiefs, Communications Center Operations Manager, Communications Center Quality Assurance Manager, Communications Center Training Supervisor, Communicatorions Center Supervisors, and Shop Foremean only: 1. All applicants receiving a passing grade on the written examination shall participate in the Oral Interview/practical exercise process; and 12. The interview/practical exercises shall be evaluatedconducted using a panel of three (3) raters, and shall be structured using a prepared series of questions/scenarios relating to the position being sought (the County may use multiple panels if they determine that the number of candidatesapplicants is great enough); and 23. No raters shall be employed by Palm Beach County; and 34. All raters shall hold, as a minimum, the rank of the position for which they are evaluatinginterviewing; and 45. Candidate’s performance onThe results of the oral interview/practical exercises shall be scored. 6. For ARFF Captains, Special Operations Captains and EMS Captains, applicants receiving a passing score of the written examination may apply for all oral interview processes for which they meet the eligibility requirements as identified in section 4.B.(4). 57. Raters selected for the oral interview/practical exercises for all positions listed above shall be approved jointly by the Fire-Rescue Administrator and the Union President. 68. The oral interview/practical exercises shall be specific to the position to be filled, i.e. Special Operational, EMS Captain, ARFF Captain. B. Practical Exam 43 This shall pertain to Driver Operators only: 1. All candidatesapplicants receiving a passing grade on the written examination shall be eligible to participate in the practical exam. 2. The exam shall be graded by three (3) examiners who shall be approved jointly by the Fire-Rescue Administrator and the Union President. ExaminersAppointments shall hold, as a minimum, the rank of Driver. 3. The exam shall be developed by Human Resources with multiplea minimum pool of ten (10) scenarios drawn by Human Resources and each candidate will perform that scenario. 4. The practical examination shall have a minimum passing score of seventy (70%) percent established by testing professionals. C. Oral Interview Scenarios 1. The oral interview scenario for a Lieutenant, Captain, and Battalion Chief shall be outsourced except upon mutual written agreement between the Fire Rescue Administrator and the Union President. If the Fire Rescue Administrator determines that the number of candidates is not enough to warrant outsourcing, the Fire Rescue Administrator and the Union President may arrive at the final determination for in-house assessment by mutual consent. 2. Oral interview scenarios shall be developed for ARFF Captains, Special Operations Captains, and EMS Captains by the Human Resources with a minimum pool of two (2) scenarios. The final scenario shall be randomly selected on the morning of the exam. All panels shall administer the same scenario to all candidates. 3. The passing grade for oral interviews scenarios shall be seventy (70%) percent established by testing professionals. Section 10. Overall Promotion Scoring 44 This section shall apply for the Driver Operators, Lieutenants, Captains, ARFF Captains, Special Operations Captains, EMS Captain, Battalion Chiefs, and Communicatorions Supervisors only: A. Weighting– Each candidateapplicant who has passed the written exam, and has passedcompleted the oral interview, and/or practical exercisesexam (as applicable) in the selection process shall have the results weighted as follows: Captains Communicatorions Supervisors Written Exam 5060% Written Exam 640% Oral Interview 5040% Oral Interview 460% Battalion Chiefs Driver Operators Written Exam 30% Written Exam 40% Oral Interview 70% Practical Exam 60% ARFF, Special Operations, EMS Captain Lieutenants Written Exam 35% Written Exam 60% Oral Interview 65% Oral Interview 40% B. Tie Breakers – In the event of a tie in the overall score, the tie shall be broken by rating the candidateapplicant who had the highest written examination score above any other candidateapplicant who otherwise would have had a tie in the overall score. If after comparing the written examination scores, a tie still exists, it shall be decided by seniority. Section 11. Promotional Registers A. CandidatesApplicants who have passed the written exam and completed the oral interview/practical exercises for Communicatorions Supervisors, Lieutenants, Captains, ARFF Captains, Special Operations Captains, EMS Captain and Battalion Chiefs, or passed the written and practical exam for Driver Operators shall be placed on the applicable Promotional Register. 45 B. Each Promotional Register shall be posted on all Department computers listing the candidatesapplicants by name, in order of highest to lowest score. C. In accordance with Article 21, Overtime, step-ups will be used from the current Promotional Register, first from the station, then from the Battalion after which, step-ups shall be selected from the entire Department. Employees on any Promotional Register are subject to being moved across Battalion lines to step-up. Employees on promotional rosters for Driver Operator, Lieutenant, Captain, ARFF Captain, Special Operation Captain, EMS Captain and Battalion Chief are subject to mandatory step-up. Refusal to step-up shall constitute a voluntary request to be removed from a promotional roster. ARFF Captains, Special Operations Captains, EMS Captains, and Battalion Chiefs must be specifically qualified to step-up. Except as specified below, step-ups will be given to persons listed on a current Promotional Register. For Fire Operations Officers, step-ups will be offered to personnel approved by the Department. For any absence anticipated to be greater than twenty-eight (28) calendar days, long term step-ups shall be selected from the appropriate promotional roster, in accordance with Policy #FR-O-102 Overtime. D. Any member on a Promotional Register(s) for ARFF Captain, Special Operations Captain, or EMS Captain or Battalion Chief will be required to complete all specialty training necessary to perform the duties of that position. This training will be successfully completed within six (6) months of the establishment of a Promotional Register or the member will be removed from the Promotional Register. The Department will make said training available within six (6) months of the established Promotional Register. E. Qualified personnel may be required to “step-down” to the last rank held as the needs of the Department dictate. Section 12. Duration of Promotional Register 46 A Promotional Register shall remain in effect for two (2) years from the date the Register is established or until there are no names remaining on the Register, whichever occurs first. In order to maintain a continuous Promotional Register, the County shall produce a new Promotional Register in advance of the two (2) year expiration date of the current register or when it is anticipated that the existing roster will be used up, in accordance with the time frames provided in this Article. Section 13. Removal from Promotional Register The name of any applicant appearing on a Promotional Register may be removed, temporarily not to exceed three (3) months, if the A candidateapplicant may submits a written request to be, and shall be voluntarily removed permanently from the Promotional Register., if the applicant submits a written request, and The candidate shall be removed permanently as a result of a demotion or suspension of greater than twenty-four (24) hours. An candidateapplicant shall be removed from a promotional register temporarily, if the candidateapplicant is on light duty, on disability leave, or any other leave of absence except as a result of a service connected illness or injury, military leave and FMLA, or if the candidateapplicant otherwise is not working and is unavailable for work, at any time the Promotional Register is established. Section 14. Selections from Promotional Registers A. Selections for promotions from the Promotional Register shall be made by the Fire Rescue Administrator utilizing a Rrule of one (1) for Driver Operators, Lieutenants, Captains and Communicatorions Supervisors, (i.e. each promotion must be made from the then current top person on the Promotional Register), and by the rule of two (2) for ARFF Captains, Special Operations Captains, EMS Captains and Battalion Chiefs (i.e., each promotion must be made from among the then current top two (2) persons on each Promotional Register). Additionally, an employee may refuse a promotion one (1) time without jeopardizing their standing on the Promotional Register. A second refusal will result in removal from the Promotional Register. Any time more than one promotion occurs in the same rank on the same day; their temporary assignment shall be based on 47 their position on the promotional register, with the higher position receiving the first selection. B. In each case where an candidateapplicant had a higher overall score than the person who was selected for promotion, the candidateapplicant shall be counseled, upon the candidate’sapplicant’s request, as to the reason the candidateapplicant was not promoted. C. Orientation Programs. Promoted Lieutenants and Captains shall attend or have attended an Officer Orientation Program. Promoted ARFF Captains, Special Operations Captains, EMS Captain and Battalion Chiefs may be required to attend an Officer Orientation Program. These orientation programs will be administered on the basis of a forty (40) hour, Monday through Friday, schedule. This course shall not exceed eighty (80) hours. D. Either the Union or the County may open for further negotiations the provisions relating to Orientation Programs. Section 15. Promotional Qualifications As a condition of promotion, employees who are promoted to the classification of Battalion Chief from promotional registers established after January 1, 2003, must either be a Department Protocoled Paramedic or become a Department Protocoled Paramedic within two (2) years after the date of promotion. For promotions made after October 1, 2013, if a promoted employee in any of the listed positions does not achieve and maintain the requirements at the time of promotion contained in Section 4 of this Article within the prescribed time frames, that employee shall be demoted. Section 16. Selection Procedures for Staff AssignmentsCaptain These positions are paid as an assignment; not as a promotion. Below describes the selection procedure for staff assignments. When in the discretion of the Fire Rescue Administrator a vacancy exists in the position of Staff AssignmentsCaptain, all employees of Palm Beach County Fire 48 Rescue may submit an application, the Fire Rescue Administrator shall institute a selection process for the specific position being sought. The requirements for the position, including preferences, shall be posted prior to selection. A representative of the Union, appointed by the Union President, may be present during interviews conducted by the Fire Rescue Administrator. The final selection of candidates shall be made in the sole discretion of the Fire Rescue Administrator. Staff AssignmentsCaptains are selected by the Fire Rescue Administrator in accordance with Article 18 of this Agreement. Employees selected have no property right or expectation of maintaining this position and may be removed in the sole discretion of the Fire Rescue Administrator upon forty-five (45) days written notice. Such removal shall not be subject to the grievance and arbitration procedure. Staff AssignmentsCaptains who are removed shall be returned to the position from which they came, or one position above the position from which they came, for which they have successfully tested, in accordance with the provisions of this Article. No personnel in the classification to which the employee is returned shall be removed, and any other staffing shall be addressed through attrition. Staff AssignmentsCaptains may sit for one (1) promotional examination within the bargaining unit and will be considered to have obtained that status upon successful promotion of any employee with a lesser standing on that promotional register. A position left vacant, as a result of an employee assigned to the position of Staff AssignmentsCaptain, shall be filled within 45 days from the date the vacancy was created. Any Staff AssignmentsCaptain assigned that returns to the field, for any reason, other than provided in Article 12, Section 8, within 45 days of assignment will return to their previous bid assignment, regardless of whether the position has been fillednot be carried extra and shall be slotted into the next available opening in his or her rank. Staff AssignmentsCaptains returning to the field who were assigned prior to January 1, 2014, after 45 days of assignment will be carried extra (above and beyond the established complement) until the next available opening in the rank that the Staff Assignment returns to. At the time of the next vacancy in the rank, the returning Staff Assignment shall be placed in the vacant position. posting of the next 49 promotional exam in their respective rank. Once posted, they shall be slotted into the next available vacancy in their rank. Section 17. After ratification of this Agreement, this article may be modified by mutual written agreement between the Union President and the Fire Rescue Administrator. 50 ARTICLE 19 – PAY PLAN Section 1. Wage Levels A. Pay Plan – The wage levels for bargaining unit employees in the classifications included in the Recognition Article are set forth in the Attachment A attached to, and made a part of, this Collective Bargaining Agreement. B. Schedule of Wage Increases – The pay plan set forth in Attachment A includes across-the-board increases in pay to all bargaining unit employees as follows. Effective the pay period, which includes: Date of ratification 3% October 1, 202219 3% October 1, 20230 32% April 1, 2021 2% Section 2. Assignment Pay A. List of Assignment Pay – Assignment pay will be paid as follows: I. All operational personnel, except Battalion Chiefs, ARFF Captains, Special Operations Captains, EMS Captain and Staff AssignmentsCaptains, shall receive assignment pay above their base rate of pay for the following assignments, provided that employees may hold any number of assignments, in accordance with the schedules listed below subject to a maximum amount of assignment pay of twenty (20%) percent of the employee’s base rate of pay: 24-Hour Shift Employees Assigned to Non-24 Hour Shift (other than new hires, light duty, Community Risk ReductionFire Prevention 51 Bureau, Flight Medics, or Staff AssignmentsCaptains Assigned after 10/01/2012) 5% Community Risk ReductionFire Prevention (without full time Fire Safety Inspector certification) 5% Community Risk ReductionFire Prevention (with full time Fire Safety Inspector certification) 10% Paramedic Firefighters & Lieutenant 15% Driver & Captain 10% Flight Medics 5% Staff Captain Assignment Pay 10% Flight Medic with Registered Nurse Certification 10% (5% not subject to cap) (based on a contract with Health Care District) ARFF Vehicle Drivers 5% (Only Firefighters and Firefighter/PM’s that are Department certified ARFF Drivers are eligible) Floating Squad 5% Special Operations (including B9 Lieutenant Floaters and Driver Floaters) (not subject to cap) 6% Hazardous Materials 3% Technical Rescue 2% Dive Rescue 1% 52 ARFF employees 3% or 6% (according to the qualifications listed below) (1% not subject to cap) Airboat/Watercraft Crew/Operator* 1% *paid to all eligible personnel who are permanently assigned to designated stations, who have been signed off on successful completion of the requirements for Crew/Operator and complete the annual training. New employees assigned to the Aviation Battalion, except ARFF Captains, who complete the required airfield and airport familiarization, the ARFF SOP Test, and required training and testing on one (1) ARFF Apparatus, shall receive three (3%) percent assignment pay. Employees assigned to the Aviation Battalion, except ARFF Captains, who are fully ARFF qualified, shall receive an additional three (3%) percent assignment pay. Future qualifications shall be determined by the Deputy Chief of Operations. Employees assigned to Special Operations, who have met the requirements of PPM# FR-O-103 Hazardous Materials Technician, Open Water Dive Certification and Department Approved Dive Rescue Training shall receive the assignment pay as noted in the list of assignment pay in Article 19-Section 2of three (3%) percent. Employees shall have one (1) year from the date of assignment in order to complete the remaining certifications in accordance with Operational Procedure I-19. Failure to complete all four (4) certifications at the end of one (1) year period shall be grounds for removal from Special Operations Assignment. Effective with the January 2023 bids (or an alternative date agreed upon by the Fire Rescue Administrator and the Union President), a preference will be given for employees with a FLUSAR Rescue Specialist Certification and completed annual task book who bid open positions in Special Operations, Aerial Stations or Technical Rescue Stations. Effective September 30, 2024 (or an alternative date agreed upon by the Fire Rescue Administrator and the Union President), all personnel 53 permanently assigned to Special Operations and Technical Rescue units must have a valid FLUSAR Rescue Specialist Certification and maintain an annual task book. Battalion Chiefs permanently assigned to Special Operations shall receive three (3%) percent assignment pay provided they meet qualifications for assignment. If the County assigns Battalion Chiefs (who hold the four (4) certificates required for Special Operations assignmentmeet the requirements as outlined in PPM# FR-O-103 and both baseline and annual physical) to Special Operations as a temporary assignment, they shall receive three (3%) percent on the days assigned. All employees who are assigned to the Aerials, Technical Rescue units (with the exception of Special Operations) or to rescues in stations where these unitsAerials are “housed”, as the result of a bid award, temporary assignment, or daily assignment and meet the following requirements in accordance with PPM# FR-O-103 will receive two (2%) percent assignment pay added to their base pay. The requirements are: Rope Rescue Operational Level Department approved Aerial Operations or any FSFC 703 course. Department Approved Dive Rescue Training (only for employees assigned to TR57/R57 and L73/E73/R73/R273) All employees, not assigned to Special Operations, permanently assigned, temporarily assigned, or daily assigned to a Dive Unit shall receive one (1%) percent assignment pay. Effective April 1, 2022: all employees, assigned to Special Operations, Aerial stations, or Technical Rescue stations, as the result of a bid award, temporary assignment or daily assignment and have a FLUSAR Rescue Specialist Certification shall receive one (1%) percent assignment pay. Once the Department has finalized the FLUSAR task book, the employee 54 will have six (6) months to complete their task book in order to retain the 1% assignment pay. The FLUSAR task book will have to be completed annually thereafter. II. Nonoperational personnel shall receive the following assignment: Shop Foreman* 5% *see Shop Foreman qualifications in Article 18 Promotions BOSSFire Inspectors Aassignedment to Plans Review 5% Fire Inspector assigned to Investigations 2.5% III. Battalion Chiefs, Special Operations Captains, and EMS Captains Battalion Chiefs Assigned to Floating Squad 5% EMS Captains Assigned to Floating Squad 5% Special Operations Captains Assigned to Floating Squad 5% IV. Staff Captain Assignments All employees assigned to Staff Captain, prior to 10/01/2012, receive Specialty Captain pay scale and one percent (1%) incentive pay. 24 hour shift employee so assigned shall receive an additional 5% for days. Employees assigned to a Staff CaptainAssignment, between 10/01/2012 and 09/30/2018 shall be paid their regular rate of pay including current assignment and incentive pay, plus 10% Staff Captain aAssignment. Employees assigned to a Staff CaptainAssignment after 10/01/2018 will receive 10% Staff Captain aAssignment and will only receive any current paramedic assignment, paramedic incentive pay, training incentive pay, 55 or Certified Inspector incentive pay, Plans Review assignment pay, or Investigator assignment pay. Staff AssignmentsCaptains that accept the one allowable promotion will be slotted into the pay classification based on the promotional increase detailed in Section 5 of this Article with appropriate assignments. B. EMT Assigned to an ALS Unit – Any Firefighter, Driver Operator, or Captain, assigned to an ALS unit and certified as an EMT, shall receive five (5%) percent additional earnings added to their base pay. C. Driver Operators – Employees who drive/operate an Engine, Aerial, Tender, Special Operations Unit, Rescue Pumper, shall receive the Driver Operator pay in accordance with the provisions of this Article. D Assignment to Non-Twenty-Four (24) Hour Shift – Except for extenuating circumstances, the County shall request twenty-four (24) hour shift employees to volunteer for assignment to non-twenty-four (24) hour shift/day. If the County cannot obtain sufficient persons by such action within a reasonable time period, then the County has the right to assign twenty-four (24) hour shift employees to work a non-twenty-four (24) hour shift/day. E. Paramedics – All Firefighters and Lieutenants who are Department Protocoled Paramedics shall receive the fifteen (15%) percent assignment pay and shall be required to function as Paramedics. Captains and Driver Operators, who are Department Protocoled Paramedics, shall receive ten (10%) percent Paramedic assignment. Department Protocoled Paramedics assigned to Station 81 (ARFF) shall be eligible for ARFF assignment pay and ARFF Driver Pay (paid only when performing as a driver on a daily basis), in addition to the Paramedic assignment pay described above. Department Protocoled Paramedics assigned to Community Risk Reductionthe Bureau of Safety Services who also possess a current State Fire Safety Inspector certification shall be eligible to receive Community Risk ReductionFire Prevention (with full-time Fire Safety Inspector certification) pay, in addition to the Paramedic assignment pay described above. Probationary Paramedics who utilize extended leave shall have their fifteen (15%) percent
