Agreement Between City of Miami Beach and Fire Fighters 2021-2024 PDF

AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA and the FIRE FIGHTERS OF MIAMI BEACH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1510 AFL-CIO-CLC Period Covered Oc...

AGREEMENT BETWEEN CITY OF MIAMI BEACH, FLORIDA and the FIRE FIGHTERS OF MIAMI BEACH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 1510 AFL-CIO-CLC Period Covered October 1, 2021 through September 30, 2024 V21TA-l  TABLE OF CONTENT PAGE AGREEMENT 6 ARTICLE 1 RECOGNITION 7 ARTICLE 2 DEDUCTION OF UNION DUES Section 2.1 Check-off 8 Section 2.2 Indemnification 8 ARTICLE 3 GRIEVANCE PROCEDURE Section 3.1 Definition of Grievance and Time Limit for Filing 9 Section 3.2 Definition of Weekday 9 Section 3.3 Grievance Procedure 9 Section 3.4 Election of Remedies 10 Section 3.5 Binding Arbitration 10 Section 3.6 Authority of Arbitrator 11 Section 3.7 Expenses 11 Section 3.8 Processing Grievances 11 Section 3.9 Suspensions, Reductions in Pay or Class, or Removal 11 Section 3.10 Probationary Period 12 Section 3.11 Union Grievance Committee 12 Section 3.12 Waiver of Time Limitations 12 ARTICLE 4 NO STRIKE AND NO LOCKOUT Section 4.1 No Strike 13 Section 4.2 No Lockout 13 ARTICLE 5 MANAGEMENT RIGHTS 14 ARTICLE 6 GENERAL PROVISIONS Section 6.1 No Discrimination 15 Section 6.2 Union Activity 15 Section 6.3 Seniority List 15 Section 6.4 Relief at Fire 15 Section 6.5 Exchange of Time 15 V21TA-2 TABLE OF CONTENT- continued PAGE Section 6.6 Protection of City Property and Equipment 15 Section 6.7 Uniforms 15 Section 6.8 Meetings Between Parties 16 Section 6.9 Union Time Bank 16 Section 6.10 Line of Duty Injuries 17 Section 6.11 Change in Shifts 17 Section 6.12 Fire and Rescue Off Duty Services 17 Section 6.13 Promotional Examinations and Appointments 18 Section 6.14 Light Duty Assignments 24 Section 6.15 Injury Service Connected (ISC) 24 Section 6.16 Jury Duty 26 Section 6.17 Reduction in Work Force 26 Section 6.18 Infectious Disease Presumption 26 Section 6.19 Seniority Bid System 27 Section 6.20 Minimum Staffing 27 Section 6.21 Disclosure of Records 27 Section 6.22 Defense of Members 27 ARTICLE 7 WAGES AND FRINGE BENEFITS Section 7.1 Wage Increases 28 Section 7.2 Suppression Division 28 Section 7.3 Assignment Pay 28 Section 7.4 Paramedic and EMT Pay 28 Section 7.5 Certification Pay 29 Section 7.6 Paramedic Training 29 Section 7.7 Driver Incentive Pay 30 Section 7.8 Work Out of Classification 31 Section 7.9 Overtime 31 Section 7.10 Call-In Guarantee 32 V21TA-3  Section 7.38 Housing Stipend 52 ARTICLE 8 JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITTEE Section 8.1 Committee Make-up and Responsibilities 52 Section 8.2 Personal Equipment 52 Section 8.3 Ladder Testing 53 Section 8.4 Air Quality Evaluations 53 Section 8.5 SCBA Repair 53 ARTICLE 9 LEAVE OF ABSENCE Section 9.1 Educational Leave and Tuition Refund 54 Section 9.2 Bereavement 54 ARTICLE 10 TRANSFER OF SERVICES Section 10.1 Notice 55 Section 10.2 Discussions 55 ARTICLE 11 DRUG/ALCOHOL TESTING Section 11.1 Selection 56 Section 11.2 Screening Exclude 11.2 C 57 Section 11.3 Expedited Arbitration 59 Section 11.4 Rehabilitation 60 ARTICLE 12 COMPENSATORY TIME 61 ARTICLE 13 NO PYRAMIDING 62 ARTICLE 14 SAVINGS 63 ARTICLE 15 WAIVER AND ENTIRE AGREEMENT 64 ARTICLE 16 TERM OF AGREEMENT 65 EXECUTION 66 ELECTION OF REMEDY FORM 67 HEARING EXAMINER RULES 68 COMPENSATION PLAN 71 V21TA-5  ARTICLE 3 GRIEVANCE PROCEDURE 3.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the interpretation or application of the express terms of this Agreement, excluding matters not covered by this Agreement; or where Personnel Board rules and regulations are involved; provided that disciplinary actions, including discharges, may be grieved under this Article, as provided herein. See Section 3.4 (Election of Remedies) for procedures to be utilized in particular circumstances. No grievance shall be entertained or processed unless it is submitted within fifteen ( 15) weekdays (excluding Saturday, Sunday, or holidays recognized by the City) after the occurrence of the first event giving rise to the grievance or within fifteen ( 15) weekdays after the employee, through use of reasonable diligence, should have obtained knowledge of the occurrence of the first event giving rise to the grievance. 3.2. Definition of Weekday. The term "weekday", as used herein shall be defined as any day, Monday through Friday, excluding holidays, recognized by the City. 3.3. Grievance Procedure. Grievance shall be processed as follows: Step 1: Any employee who believes he/she has a grievance shall present it in writing, on the Grievance Form provided by the City, to his/her Division Chief, or other person designated for that purpose, who shall give his/her answer within six (6) weekdays after such presentation. The employee will also provide the Union with a copy of said grievance. If the City form is not available through the Division Chiefs office, the time limit for filing shall be waived until such time as the form is provided to the grieving party. Step 2: If the grievance is not settled in Step 1 and the Union Grievance Committee desires to appeal, it shall be referred in writing by the Union to the Fire Chief within six (6) weekdays after the City's answer in Step 1. The Election of Remedy Form shall be completed and signed by the IAFF and/or the grievant, and attached to the Step 2 grievance. The Fire Chief, or his/her representative, shall discuss the grievance within six (6) weekdays with the Union Grievance Committee at the time designated by the City. If no settlement is reached, the Fire Chief, or his /her V21TA-9  representative, shall give the City's written answer to the Union Grievance Committee within six (6) weekdays following their meeting. Step 3: If the grievance is not settled in Step 2 and the Union Grievance Committee desires to appeal, it shall appeal in writing to the City Manager or his/her designee for Labor Relations within six (6) weekdays after the City's answer in Step 2. A meeting between the City Manager, or his/her designee for Labor Relations, and the Union Grievance Committee shall be held within fifteen (15) weekdays. The City Manager, or his/her designee for Labor Relations, shall give the City's written answer to the Union Grievance Committee within ten (10) weekdays following the meeting. Any untimely filing of a grievance at any step will be considered withdrawn. Upon mutual agreement of the parties, grievances may be consolidated or grouped, and may also be commenced at Step 3 of the procedure. Section 3.4. Election of Remedies. Disciplinary actions may be grieved ( 1) under the grievance/arbitration provisions contained in this Article or (2) as set forth in Article 3.9 to a Hearing Examiner, who shall be selected by utilizing the procedure outlined in Section 3.5 of this Article. A grievance involving the interpretation or application of this Agreement may be grieved solely under the grievance/arbitration provisions contained in this Article. Grievances regarding certain non-disciplinary matters, such as disagreements as to the waiving or application of changes to personnel rules or other work rules or policies may be filed by the bargaining agent via the Personnel Board procedures. The decision of the Hearing Examiner shall be final and binding. The cost of a Hearing Examiner shall be borne by the City. Any proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing Examiner Rules. 3.5. Binding Arbitration. If the grievance involves a difference of opinion with respect to the interpretation or application of the express terms of this Agreement and said grievance has not been settled in accordance with the foregoing procedure, the Union Grievance Committee may refer the grievance to binding arbitration within six (6) weekdays after receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within six (6) weekdays after receipt of notice of referral and, in the event the parties are unable to agree upon an arbitrator V21TA-10 within said six (6) weekday period, the parties shall immediately jointly request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the City and the Union shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first two names; and the other party shall then strike two names. The remaining person shall be the arbitrator. The arbitrator shall be notified of his/her selection within six (6) weekdays by a joint letter from the City and the Union requesting that he set a time and place for the hearing, subject to the availability of the City and Union representatives. 3.6. Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him in writing by the City and the Union, and shall have no authority to make a decision on any other issue not so submitted to him. The arbitrator shall submit in writing his/her decision within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever is later, provided that the parties may mutually agree in writing to extend such limitation. The decision shall be based solely upon his/her interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. If the arbitrator acts in accordance with this section, the decision of the arbitrator shall be final and binding. 3.7. Expenses. All costs of arbitration, including the arbitrator's fees and expenses, shall be divided equally between the City and the Union provided, however, that each party shall be responsible for compensating its own representatives or witnesses. Either party desiring a copy of the transcript shall bear the cost of same. 3.8. Processing Grievances. All grievance discussions and investigations shall take place in a manner which does not interfere with the operation of the Fire Department. Any time spent by the Grievance Committee of the Union in discussions or processing grievances at Step 1, 2 or 3 during their working hours, shall not result in loss of earnings or benefits. 3.9. Suspensions, Reductions in Pay or Class, or Removal. Any dispute concerning an employee who has completed his/her probationary period, and who is suspended, reduced in pay, or classification, or removed, shall be processed through the Hearing Examiner procedure governing such appeals, or under this contractual grievance procedure upon the election of the employee within ten ( 10) days of the event giving rise to the dispute. An election of one procedure V21TA-11 shall foreclose any resort to the other procedure. If the employee elects to utilize this contractual grievance procedure, it shall commence at Step 3. 3.10. Probationary Period. Nothing herein shall in any way affect the discretion presently accorded the Fire Chief with respect to employees in their probationary period following hire, or in their probationary period following promotion. It is specifically understood by the parties that the exercise of the Fire Chiefs discretion in this regard shall not in any way be subject to the grievance procedure set forth herein. Newly hired employees shall be in probationary status for the duration of their department sponsored training period, in addition to twelve ( 12) months thereafter. New employees in probationary status have no right to utilize the grievance procedure for any matter concerning dismissal, suspension or other discipline during such period. 3.11. Union Grievance Committee. The Union shall appoint a Grievance Committee of not more than three (3) members, and shall notify in writing the Fire Chief and the City Manager's designee for Labor Relations of the name or names of the employee or employees serving on his committee, and of any changes in the members of the committee. The members of this committee may not conduct any investigation while on duty without receiving the permission of the Fire Chief; however, such permission shall not unreasonably be withheld. 3.12. Waiver of Time Limitations. The parties may mutually agree in writing to extend any of the time limitations set forth above for the processing of grievances. V21 TA-12  ARTICLE 6 GENERAL PROVISIONS 6.1. No Discrimination. In accordance with applicable federal, state, and local law, the City and the Union agree not to discriminate against any employee on the basis of any protected classification. 6.2. Union Activity. The City and the Union agree not to interfere with the right of employees to become or not to become members of the Union, and further, that there shall be no discrimination or coercion against any employee because of Union membership or non-membership. It is understood that the Union specifically retains any rights it has arising out of Chapter 447, Florida Statutes, with regard to its representational activities. 6.3. Seniority List. The City shall, on March 1st of each year, prepare a seniority list by time in rank or grade of all employees covered by this Agreement and immediately thereafter post such list in each fire station. Such seniority list shall stand as posted unless an objection is reported to the Fire Chief within forty (40) calendar days after posting. 6.4. Relief at Fire. In the event of a fire or fires, or other emergencies requiring employees to work longer than their regular tour of duty, the officer in charge shall attempt to relieve these employees by the oncoming tour as soon as feasible. 6.5. Exchange of Time. The Fire Chief, or designee may grant a request of any two (2) employees to exchange shifts if the City will not incur any overtime costs as a result thereof. 6.6. Protection of City Property and Equipment. It shall be the responsibility of any employee having custody of any equipment and property to see that it is properly cared for, kept clean, and returned to its place of storage. The City agrees to provide designated areas for the storage of bunker gear. 6.7. Uniforms. The City agrees to provide the following uniforms annually as its expense for the employees covered by this Agreement: For Combat Division: one (1) dress uniform; three (3) sets of work uniforms; one (1) pair footwear (dress shoes, or boots; employee's choice); two (2) jumpsuits; one (1) work belt; four (4) t-shirts. V21TA-15  For Rescue Division: one dress uniform; three (3) jumpsuits; two (2) sets of work uniforms; one (1) pair of footwear (dress shoes, boots; employee's choice); one (1) work belt; four (4) t-shirts. For both Divisions: every three (3) years the City shall provide a winter jacket and raincoat. The City shall supply one ( 1) radio holster per radio and shall replace on an as needed basis. All employees assigned to the marine division shall be issued three (3) pairs of boating shorts, three (3) long sleeves marine shirts, three (3) short sleeve marine shirts, and one (1) pair of boating shoes on an annual basis. All employees working on day shift shall receive a combination of uniforms as selected by the employee not to exceed the value provide to that of a Rescue Division employee. All uniformed employees covered by this agreement shall receive $ $100 per month for uniform cleaning and maintenance. 6.8. Meetings between Parties. At the reasonable request of either party, the Union President, or his/her representative, and the City Manager, or his/her designee for Labor Relations, shall meet at a mutually agreed to time and place to discuss matters of mutual concern. 6.9. Union Time Bank. The IAFF and its designees or other members of the Executive board as determined by the President, shall have the right to conduct union business (under the conditions described in this Section), through the use of a time bank. For each fiscal year, the union time bank shall be 750 hours with the Union President detached. If the Union President elects not to be full time detached then the Union time bank will be 3,246 hours total, covering the contract period October 1, through September 30. The Union President shall be assigned to the Support Services Division (1240). Once in any twelve ( 12) month period, the Union President may elect a day or shift assignment, while detached or not detached. On an annual basis he or she shall make an election to either: (1) be detached full time; or (2) not to be detached and may bid an assignment according to seniority. The Union President shall not be counted against minimum staffing for staffing purposes. In addition, for V21TA-16 promotional purposes the Union President shall not be counted against the Table of Organization. Unused Union time bank hours, not more than a maximum of 750 hours, shall be rolled over from one contract year to the next. Use of the time bank shall be limited to the IAFF Executive Board (any exceptions to this may be granted by the Fire Chief or his/her designee provided that the request shall not be unreasonably denied). No more than two (2) employees per shift may be granted union time bank leave at any one time. The President of the IAFF shall provide a minimum of twenty-four (24) hours' notice to the Fire Chief for any leave to be granted. Time for attendance at negotiations for a successor agreement is addressed in Article 7.13 of this Agreement. In addition, administrative time which has been provided in the past (as determined by the Fire Chief), to the President, other members of the Executive Board or other IAFF members, shall be provided for attendance at two (2) mutually agreed upon conferences each year of this agreement and such events shall not be included in the union leave time bank. All other union convention time other than these two conferences shall be part of the union time bank. 6.10. Line of Duty Injuries. The City agrees that the program for payment of medical and hospitalization expenses incurred as a result of injuries in the line of duty, which is currently in effect as set forth in Section 6.15 of this agreement shall be continued. 6.11. Change in Shifts. The City agrees to give employees covered by this Agreement notice prior to any mandatory change in shifts, such notice to be at least fifteen (15) calendar days prior to the change unless circumstances do not permit. 6.12. Fire and Rescue Off Duty Services. It is recognized that members of the bargaining unit are offered the opportunity from time to time to perform services utilizing their expertise and training for the benefit of private persons or entities, or public organizations or entities other than the City of Miami Beach. In such cases, the rate for the performance of these off-duty jobs shall be at an hourly rate established by the Fire Chief in consultation with the President of the Union. The parties recognize and agree that the performance of these off-duty jobs or details do not constitute employment by the City of Miami Beach and that payment for these services will be made by and is the responsibility of, the other employer. Performance of this work shall be on a voluntary basis and there shall be lists of persons who wish to volunteer established on a basis which is mutually agreeable to the Chief and the President of the Union. Pay for off-duty services is pensionable subject to the cap provisions set forth in Section 7.23. Off-duty hours worked do not count as hours worked for purposes of computing overtime. V21 TA-17 The IAFF shall facilitate participation of bargaining unit employees in providing information in order to conduct the job analyses and develop the tests within the time frames requested by the process; provided that such participation shall be on duty time. The parties agree to review the formula for promotional credit and to implement such revisions as the parties may agree upon in writing. 6.14. Light Duty Assignments. If an employee is temporarily unable to perform the essential functions of the employee's job classification due to a non-job related injury/illness, he may make a written request to the Fire Chief for a light duty assignment. The Chief shall determine if there are any necessary functions which could be preferred by a light duty employee. If there are such opportunities, the Chief shall inform the employee in writing of any light duty assignments and the physical capabilities required for their performance. The employee shall present this light duty assignment information to his/her treating physician and obtain, at his/her expense, a written evaluation of his/her capacity to perform the functions of the assignment. The medical evaluation must be in sufficient detail to satisfy the Chief. The Chief reserves the right to a second opinion from a City-appointed physician. The establishment, duration, work hours, and content of light duty assignments are at the sole discretion of the Fire Chief and may be modified or ended at any time. 6.15 Injury Service Connected (ISC) For a twelve (12) week period, the City agrees to compensate any member of the bargaining unit with the difference between the weekly disability Workers' Compensation benefit received or which the employee is entitled to receive, and his/her regular rate of pay for any time lost from work due to a service-connected injury. "Service-Connected Injuries" shall be defined as injuries sustained under the following circumstances: a) While on duty and entitled to be paid by the City; or b) While reasonably exercising Firefighter functions within the City limits of Miami Beach while off duty; or while working a departmentally sanctioned off-duty job; or c) If a firefighter as defined bys. 112.191(1)(b) is engaged in extinguishing a fire, or protecting and saving life or property due to a fire in this state in an emergency, and such activities would be considered to be within the course of his or her employment as a firefighter and covered by the employer's workers' compensation coverage except for the fact that the firefighter was off duty or that the location of the fire was outside the V21TA-24  employer's jurisdiction or area of responsibility, such activities are considered to be within the course of employment. This subsection does not apply if the firefighter is performing activities for which he or she is paid by another employer or contractor; or d) While participating in organized fire service training that is approved in writing by the Fire Chief after consultation with the City Manager's designee for Risk Management In the circumstances described above (sub-paragraphs a through d), the City agrees that it is and will consider itself the employer and the employee the City's employee. If the injured employee is still in a "no-work" status at the end of the 12-week period, after the advice and comments of the Fire Chief and the IAFF President, the City Manager, at his/her sole discretion, may extend the above described ISC payments beyond the twelve (12) weeks. This decision is not subject to grievance or arbitration. The approvals for receipt of this compensation as presently required shall be continued. The Union and the City agree to meet to discuss options and alternatives to the current ISC practices to cure abuses (if found), and ensure streamlined and efficient provision, administration, and use of ISC. After an employee exhausts his/her benefits under this article and is receiving Workers' Compensation checks, the City shall access the employee's leave accruals to keep him/her whole. Deductions for such benefits such as health and dental insurance coverage and pension contributions will be made from the value of the accrued leave. Once an employee runs out of leave accruals and is still unable to return to work, the employee has an affirmative responsibility to contact the Human Resources Department, Benefits Division, to make benefit payment arrangements. Employees will be given one month's grace period after which coverage shall be cancelled. Employees who are placed on a "no work" status per Workers' Compensation, pursuant to Florida law, as applicable, will be placed on FML concurrently. All time off during the Workers' Compensation leave will be charged against the 12-week/480 hours FML allotment. If the Authorized Treating Physician has determined that the employee can return to work, with or without restrictions, and the employee does not report to work, then the employee must use their accrued sick leave. V21TA-25 ISC leave will not be granted to employees who have reached Maximum Medical Improvement, as determined by their Authorized Treating Physician. Employee leave shall be coded with "ISC" when an employee is using time for a follow-up appointment associated with a compensable workers' compensation injury/illness. Employees will not be paid for attending medical appointments scheduled outside their regularly scheduled workday. 6.16. Jury Duty. Bargaining unit personnel who are summoned to jury duty shall be covered by the following: a) Personnel who are released from jury duty and who are not require to return for jury duty the following day will be required to report to work and complete the remainder of their assigned tour of duty. b) Personnel who are required to return to a jury pool or to jury duty on the date following their scheduled shift will be allowed to take off the second half of their assigned shift (8:00 p.m. to 8:00 a.m.) without being charged to annual leave or sick leave time. If the employee is released from jury duty before 5:00 p.m., he/she is required to return to his/her regularly scheduled shift. 6.17. Reduction in Work Force. For the term of this Agreement, there shall be no layoffs or demotions of bargaining unit members except for disciplinary demotions, suspensions, or terminations, which are not included for the purposes of no layoffs or demotions. 6.18. Infectious Disease Presumption. Any condition or impairment of health caused by Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS), Hepatitis, Pulmonary Tuberculosis or Meningococcal Meningitis shall be presumed to have been accidental and to have been suffered in the line of duty unless the contrary be shown by competent evidence. The City will maintain a confidential list of employees who have taken the required medical examinations. Employees will be added to the City's confidential list subject to the following conditions: V21TA-26  a) New hires shall acquire the presumption entitlement after completing a pre-employment or post conditional offer of employment medical exam that tests for and fails to reveal any evidence of AIDS, Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis. b) Employees who refuse to take the pre-employment or post-offer testing related to presumptions mentioned in this Section shall not be eligible for the presumptions. 6.19. Seniority Bid System. It is understood by the parties that the current bid system in effect at the ratification of this agreement shall remain in effect. Any change to the bid system will be agreed upon through the Labor Management process. 6.20. Minimum Staffing. It is agreed that the staffing of the Department shall be in accordance with the minimum staffing ordinance of the City which may be amended from time to time in the City's discretion, subject to the Union's right to request impact bargaining as provided under Article 15 of this agreement. 6.21 Disclosure of Records. Employees will not have information contained within any of their files disclosed to persons other than the City's managerial and supervisory employees except as provided by law. 6.22 Defense of Members. In the event any action for civil damages is brought against a member of the bargaining unit hereunder individually, the City shall provide for the legal defense of the member and shall pay any resulting judgment against the member if authorized by Florida law. V21TA-27 7.38 Housing Stipend. The City shall pay a housing stipend of $250 per month for bargaining unit employees (up to a maximum of 50 police and fire combined) living within the Miami Beach City limits, upon confirmation of residency by the Human Resources Department. ARTICLE 8 JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITTEE 8.1. Committee Make-up and Responsibilities. In recognition of the City's and the Union's desire to maintain the highest standards of health and safety in the Fire Rescue Department, a Joint Occupational Safety and Health Committee will be established. This committee shall consist of three (3) members of management selected by the Fire Chief, and three (3) members of the Union appointed by the Union President. a) The Committee shall recommend rules and procedures for the promotion of health and safety among Firefighters. b) The Committee shall make inspections of Fire Department facilities on a semi-annual basis or by special request. c) The Committee shall keep minutes of each meeting. d) The Committee shall meet on a regular basis at mutually agreed times. Four (4) members of the Committee shall constitute a quorum, providing that equal representation is available, at a scheduled and posted meeting. e) The Safety and Health Committee established by this Agreement shall evaluate changes in specifications for bids for protective clothing, equipment, tools, appliances, and apparatus, and shall issue its recommendations in a report to the Fire Chief. f) The Safety and Health Committee will evaluate the types of helmets, gloves, breathing apparatus, and protective clothing on a semi-annual basis. A report of this evaluation will be made to the Fire Chief. g) A separate City-Wide or Departmental Safety Committee will review and analyze all reports of accidents, deaths, injuries, and illnesses. h) The Safety and Health Committee shall review on the job accidents and injuries and make recommendations to the Fire Chief about prevention efforts and/or remediation needed. 8.2. Personal Equipment. Personnel will be issued personal equipment one time, in new condition, to be maintained in serviceable condition. If the gear is damaged or destroyed at no V21TA-52 fault of the employee, it will be replaced by the City. If it has been damaged, destroyed, or lost due to the employee's negligence, the employee will pay for the replacement. Negligence will be determined by a majority vote of four (4) members of the Occupational Safety and Health Committee and the Fire Chief. Two (2) of the Committee members shall be Union appointees and two (2) shall be Management appointees. 8.3. Ladder Testing. The City shall pay for the inspection and testing of the structural integrity and safety of its aerial devices, using recognized test procedures by an independent test company other than the original manufacturer, at a time to be determined by management, but on no longer than a bi-annual basis. A copy of the test results will be supplied to the Safety and Health Committee. 8.4. Air Quality Evaluations. The City agrees that air quality evaluations as presently made will be made by the Dade County Health Department or other suitable testing facility on the compressed air utilized in department Self-Contained Breathing Apparatus (SCBA) and Self- Contained Underwater Breathing Apparatus (SCUBA) on a quarterly basis. 8.5. SCBA Repair. Only personnel who have been trained and certified by the manufacturer will be permitted to perform repairs or supervise the performance of repairs on Self-Contained Breathing Apparatus (SCBA). V21TA-53  ARTICLE 11 DRUG/ALCOHOL TESTING Section 11.1. Selection. In an effort to identify and eliminate on-duty or off-duty controlled substance/alcohol abuse, urinalysis/breathalyzer tests shall be administered as provided herein. Employees shall be advised of their contractual rights relative to this Article any time a urinalysis/breathalyzer alcohol test is required. Employees refusing to submit to a urinalysis/breathalyzer test under the provisions set forth herein shall be dismissed. a) Annual Screening: All employees shall be required to submit to urinalysis once per calendar year. Employees shall be selected using a random selection process agreed to by the Union and the City, and shall be tested during their normal tour of duty. b) Random Screening: It is important to the safety and welfare of employees and the public that bargaining unit members not be impaired by alcohol while on duty nor use illegal drugs. The Human Resources Department will administer the drug testing program. Employees whose sick leave bank falls below 200 hours (300 hours for shift personnel), shall be subject to the random drug test for 180 calendar days. The 180-calendar day period will begin with the pay period after the employee's leave balance falls below 200 hours (300 hours for shift personnel). If at any time after the 180 calendar days has expired, the employee's sick leave bank falls below the 200 hours (300 for shift personnel), the employee shall be immediately subject to random drug testing for an additional 180 calendar day period (as described above). New hires are exempt from the random screening provisions until they have been employed for a total of thirty-six months. After thirty-six months from the date of hire, all provisions will apply. c) Reasonable Belief Screening: Employees may be tested under the following criteria: 1. When a Division Chief or above has reasonable belief, based on objective factors that the employee has possession of, or is using, dispensing, or selling any illegal drug or controlled substance which is not prescribed by a licensed physician. 2. When a Division Chief or above has reasonable belief based on objective factors that the employee is under the influence of alcohol on duty, or on an off-duty detail, or V21TA-56  traveling to or from same in a City vehicle, or while in a status where injury would be covered by Workers' Compensation and/or I.S.C. Section 11.2 Screening. a) Employees shall take a breathalyzer test in the case of suspected alcohol abuse, and/or give a urine sample for suspected substances abuse, as determined by the City, at either a hospital or an accredited testing lab, as chosen by the City. The hospital or accredited testing lab shall include sufficient safeguards to ensure that a proper chain of custody is enforced. When a sample is required to be submitted under any of the above circumstances, a portion of the first sample shall be retained, and the employee may choose to submit a second, separate sample as described in b) below. All positive tests for controlled substance(s) shall be confirmed by Gas Chromatography Mass Spectrometry (GCMS) or equivalent testing method. Testing shall be performed by an accredited, State licensed clinical lab. Testing for alcohol shall be by breath-testing unless the employee is or claims to be unable to provide an adequate sample. In such a case, a blood test will be performed. A breath alcohol level of 0.04 or higher and its equivalent blood test outcome shall constitute a positive result. b) Except in the case of alcohol testing, if the employee chooses to submit a second, separate sample it shall be collected at either a hospital or accredited, State licensed clinical lab, chosen by the City, within four (4) hours of the time the initial sample is submitted. If the employee declines to submit a second, separate sample or is unable to submit a second, separate sample within the four (4) hour time period, the retained portion of the initial test shall be used for any additional confirming tests. Any additional confirmation testing shall only be conducted following a positive result from the initial test, and shall be performed at a second, separate State licensed clinical lab of the City's choice. All additional confirmation testing shall be by GCMS or equivalent testing method. V21TA-57 c) Below are the substances tested for: Drug Initial Test Level GC/MS Confirmation Test Level Amphetamine 1000 ng/ml 500 ng/ml Barbiturates 300 ng/ml 150 ng/ml Benzodiazepines 300 ng/ml 150 ng/ml Cocaine metabolites 300 ng/ml 150 ng/ml Marijuana metabolites 50 ng/ml 15 ng/ml Methadone 300 ng/ml 150 ng/ml Methaqualone 300 ng/ml 150 ng/ml Methylenedioxyamphetamine 500 ng/ml 250 ng/ml (MDA) Analogues Opiates 2000 nq/ml 2000 nq/ml Phencvclidine 25 nq/ml 25 nq/ml Propoxyphene 300 nq/ml 150 nq/ml The IAFF reserves the right to a "me too" agreement with the FOP should the FOP retain ten ( 10) panel screening standards. d) Employees shall be notified of a positive test result within a reasonable time from the time a sample is submitted. Such notice may be served either verbally to the employee or by a representative of the Department delivering notice to the employee's last recorded residence shown on the Department's personnel roster. The Union shall be advised of positive or negative test results to the extent that the release of such information is consistent with Federal, State, or local laws regarding the privacy of test results, unless the employee does not want the results released to the Union. e) Employees ordered back to duty for testing shall be compensated under Article 7, Section 7.7, Call-In Guarantee. e) Disputes regarding the consistent application of the reasonable belief criteria cited herein shall be handled under Section 11.3, Expedited Arbitration. Employees shall comply with the order to submit a sample and simultaneously file a protest with the communicator of the order. f) Employees who test positive for drug use and wish to attribute causation to a prescribed drug may present evidence to the City Manager's designee for Human Resources and the laboratory's Medical Review Officer. The decision of the Medical Review Officer will be conclusive. h) Employees shall authorize release of drug/alcohol testing to the City. V21TA-58 Section 11.3. Expedited Arbitration. a) Following ratification of this Agreement and prior to October 1, 1998, the President of the Union and the City Manager's designee for Labor Relations shall select two (2) permanent Arbitrators certified by the American Arbitration Association (AAA) or other similar certifying agency, to hear employee drug grievances. The Arbitrators will alternate, hearing only grievances where the employee alleges a violation of Section 11.1 (b ), paragraphs 1 or 2, and limited to whether or not there was reasonable belief based on objective factors to require the grievant to submit to a controlled substance/blood alcohol test. b) Samples submitted under Reasonable Belief Screening criteria and grieved shall not be tested until the Arbitrator has ruled affirmatively that there was reasonable belief to test the employee. c) Any grievance must be in writing and submitted by fax or hard copy to the Division Chief or above on the same day as the test or no later than the next weekday following the test. d) Any costs associated with the Arbitrator's ruling shall be borne by the City if the Arbitrator rules there was not reasonable belief to test the employee, and the sample(s) shall be properly discarded. Costs associated with the Arbitrator's ruling shall be borne by the Union if the Arbitrator rules that there was reasonable belief to test the employee, and the sample(s) shall be tested as outlined in this Article. e) An expedited hearing shall be held before the Arbitration using the American Arbitration Association rules of expedited arbitration and no post hearing briefs shall be filed. The drug grievance shall be submitted directly to arbitration and shall be heard at a mutually convenient time after the employee was required to submit to the controlled substance/blood alcohol test. The Arbitrator shall rule at the close of the hearing and an oral response from the Arbitrator shall be sufficient to settle the grievance. f) The Arbitrator shall serve from year to year and shall be appointed by letter, jointly signed by the Union President and the City Manager's designee for Labor Relations. Should the City and the Union choose to remove an Arbitrator, the Arbitrator shall be notified and the parties shall agree on a replacement. If they are unable to agree, each party shall put two (2) names into a hat and the name drawn shall be the replacement for one (1) year. V21TA-59 Section 11.4. Rehabilitation. In the event that the results of the urinalysis/blood alcohol test are positive, the following shall apply: a) At the discretion of the Fire Chief, the employee may be immediately relieved of duty however, he shall first be allowed to utilize all of his/her accrued annual and sick leave, if appropriate, and then shall be relieved without pay. The employee shall not be disciplined until a positive test result is communicated to the City. However, if the employee's conduct in connection with the alleged substance abuse amounts to conduct for which the City might otherwise discipline the employee, the City may take disciplinary action prior to knowing of a positive test result. b) The employee shall, at his/her own cost, within seventy-two (72) hours of a positive test notification (excluding weekends and holidays) enter into a substance abuse treatment program approved by the City and the Union and remain in the program until the employee has successfully completed the program, including any required aftercare. If the employee fails to enter, participate in, and/or successfully complete any part of the rehabilitation program, including any aftercare, he shall be terminated from his/her employment with the City. c) Employees cleared to return to work by the Substance Abuse Program Administrator shall be subject to random urinalysis/breathalyzer test(s) for a period of two (2) years. The City shall be limited to six (6) random urinalysis breathalyzer tests per twelve (12) month period, beginning from the date the employee is cleared to return to work. Each employee shall be entitled to one ( 1) chance for rehabilitation during their employment with the City. Employees who test positive a second time under the provisions outlined in Section 11.2 of this Article or this Section shall be terminated from employment with the City. V21TA-60  HEARING EXAMINER RULES SECTION 1: REQUEST FOR HEARING: Any officer or employee may appeal from such disciplinary action within ten (1 0) days after the delivery or mailing to him/her of such written notice, by filing a written request for a hearing to the Hearing Examiner or his/her designee. If the tenth day falls on a Saturday or Sunday, he/she will have the ability to file for an appeal on the following Monday. SECTION 2: DISCIPLINARY HEARINGS: (a) The City Manager's designee for Labor Relations no later than ten (10) days after receipt of such appeal, shall fix a place and time for holding a public hearing within a reasonable time thereafter. Written notice of such time and place shall be delivered or mailed promptly to both the Appellant and the Appointing Officer. Only the Hearing Examiner may grant a continuance to either party for good and sufficient cause. No continuance shall be granted to either party unless such request for continuance is received in writing by the City Manager's designee for Labor Relations at least ten ( 10) days prior to the date of said scheduled hearing of appeal. (b) The Hearing Examiner may, at the request of the Appointing Officer or the Appellant, call or request any person or records for the purpose of ascertaining the facts. (c) The Appointing Officer or a representative designated by him/her shall have the right to be present at such hearing and to be represented by the City Attorney. V21TA-68  d) The Appellant shall have the right to be present at such hearing and to be represented by an attorney of his/her choice. Said attorney shall be an attorney duly admitted and licensed to practice in the State of Florida. In the event that the Appellant does not retain an attorney, said Appellant may have an advisor of his/her choice present. Such advisor shall not have the right to interrogate any witnesses or to enter objections to any testimony or evidence presented to the Hearing Examiner, nor may such advisor speak in the Appellant's behalf. (e) The findings of the Hearing Examiner shall be based upon competent substantial evidence of record (f) The Appointing Officer shall have the burden of presenting evidence to support the truth of the charges as contained in the written notice. (g) The Appellant shall have the right to present evidence to refute the charges brought against him/her. (h) The Appellant shall have the right to be confronted by his/her accuser, and the Appellant and the Appointing Officer shall each have the right to cross examine the witnesses of the other. (i) After both the Appointing Officer and the Appellant shall have presented their testimony and evidence, the Hearing Examiner shall receive argument in summation. The Appointing Officer shall have both the opening and closing argument. (j) After the completion of closing oral argument, the Hearing Examiner shall consider the testimony and evidence presented before the Hearing Examiner to determine the truth or untruth of the charges. (k) Within five [5) working days after the completion of the hearing, the Hearing Examiner shall issue his or her findings as to the truth or untruth of the V21TA-69  charges in writing. The City Manager's designee for Labor Relations shall promptly deliver or mail a copy of such findings to the Appointing Officer and to the Appellant. (I) A copy of the written statement given the officer or employee, a copy of any reply thereto, and a copy of the findings of the Hearing Examiner shall be filed as a Public Record in the employee's personnel file. V21TA-70