CBA 1-7.pdf

ARTICLE 1 PREFACE 1.1 This Agreement is made and entered into this first day of October 2020, by and between Miami-Dade County, Florida, herein after referred to as the County and Metro Dade Firefighters Local 1403 of the International Association of Firefighters, herein after referred to as the U...

ARTICLE 1 PREFACE 1.1 This Agreement is made and entered into this first day of October 2020, by and between Miami-Dade County, Florida, herein after referred to as the County and Metro Dade Firefighters Local 1403 of the International Association of Firefighters, herein after referred to as the Union. 1.2 It is the intention of this Agreement to provide, where not otherwise mandated by statute or ordinance in effect at the signing of this Agreement, for the salary structure, fringe benefits, and working conditions of employment of the employees covered by this Agreement, to prevent interruption of work and interference with the efficient operation of the County and to provide an orderly and prompt method for the handling and processing of grievances. 1.3 Firefighting personnel shall be defined as employees designated by the Florida Retirement System as Special Risk in bargaining unit classifications that require certification under the provisions of Chapter 633 of the Florida Statutes. ARTICLE 2 RECOGNITION 2.1 The County hereby recognizes the Union as the sole and exclusive bargaining agent for all employees within the following job classifications: Firefighter Fire Lieutenant Fire Captain Chief Fire Officer Fire Department Helicopter Co-Pilot Fire Department Helicopter Pilot Fire Department Helicopter Chief Pilot Fire Rescue Dispatcher Fire Rescue Dispatch Supervisor In accordance with certification #86-180 as amended and issued by the Florida Public Employees Relations Commission (PERC). 2.2 ENTRANCE PAY RATES (Firefighter) – For all employees hired into the County Service on or after October 1, 2021, the entrance pay rate for the bargaining unit classification of Firefighter shall be: A. A firefighter Trainee will be paid at a rate of 4.5% less than pay step 1 while in the training academy. Upon satisfactory completion of the training academy, the employee will be placed at step 5 of the Firefighter pay range with a new anniversary date. B. After graduation from the training academy, progression to the maximum step in the pay range shall be at one (1) year (26 pay periods) intervals thereafter based upon satisfactory or above satisfactory job performance. 2.3 ENTRANCE PAY RATES (Fire Rescue Dispatcher) - For all employees hired into the County Service on or after April 1, 1992, the entrance pay rate for the bargaining unit classifications of Fire Rescue Dispatcher shall be pay step 1 of the appropriate pay range provided in the Miami-Dade County Pay Plan. Progression from the entrance pay level of step 1 to step 2 shall be six (6) months (13 pay periods) based upon satisfactory or above satisfactory job performance. Progression from step 2 to the maximum step in the pay range shall be at one (1) year (26 pay periods) intervals thereafter based upon satisfactory or above satisfactory job performance. 2.4 Probationary employees are persons who have completed Fire College training but who have not yet achieved permanent status as Firefighters. 1403.1 1 2.5 Nothing in this Agreement shall be construed to change, alter or affect County wage and salary practices pertaining to employees whose pay is "red-circled" unless such changes are specifically stated in this Agreement with reference to such employees. 2.6 Personnel who have achieved permanent status as a Firefighter, or Fire Rescue Dispatcher who are probationary in a promotional job classification shall be entitled to all rights and privileges under this Agreement except that they shall have no right to appeal their demotion from the probationary promotional position to the permanent job classification held immediately prior to promotion. 2.7 The employee’s rate of pay will be calculated in the following order: Base pay, plus supplements (steps, and percentages) and then plus flat rates. 2.8 Emergency Medical Technician and Paramedic certification pay shall be in accordance with Article 6 of this agreement. ARTICLE 3 MANAGEMENT RIGHTS AND SCOPE OF THE AGREEMENT 3.1 The Union recognizes that the County possesses the sole right to operate and manage the MiamiDade Fire Rescue Department and direct the work force and that the rights, powers, authority, and discretion which the County and the Department deem necessary to carry out its responsibilities and missions shall be limited only to the specific and express terms of this Agreement and not by implied obligations. 3.2 These rights and powers include, but are not limited to, the authority to: A. B. C. D. E. F. G. H. I. J. K. Determine the missions and objectives of the Department; Set standards of service to be offered to the public; Determine the methods, means, and number of Personnel necessary to carry out Department responsibilities; Exercise control and discretion over its organization and operations; Take such actions as may be necessary to carry out services during emergencies declared by the Mayor, Discipline or discharge employees for just cause; Schedule operations and shifts. The parties agree that it is their intention to treat the existing twenty-four (24) hour tour of duty shift as a job benefit under Article 27 and in accordance with Article 30. Introduce new or improved methods, operations, or facilities; Hire, promote, transfer, or assign employees; Lay off employees in accordance with Article 51 of the CBA, or reduce hours of work in lieu of layoff if agreed to with the bargaining unit; Schedule overtime work as required. The parties acknowledge that during the negotiations which preceded this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement, including its supplements and exhibits attached hereto, concludes all collective bargaining between the parties during the term hereof, and constitutes the sole, entire and existing Agreement between the parties hereto, and supersedes all prior agreements and undertakings, oral and written, express or implied, or practices, between the County and the Union or its employees, and expresses all obligations and restrictions imposed on each of the respective parties during its term. ARTICLE 4 GRIEVANCE PROCEDURE 4.1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances or misunderstandings between the parties involving the application or interpretation of this Agreement. 1403.1 2 4.2 A "Grievance" shall be defined as any dispute involving the interpretation or application of the terms of this Agreement. Disciplinary actions shall not be subject to the grievance procedure. A class grievance shall be defined as any dispute which concerns two or more employees within the bargaining unit. Class grievances must name all employees in the class covered except if the class is composed of an identifiable, homogeneous unit such as all Lieutenants. Days mean calendar days. Steps 2 and 3 exclude Saturday, Sunday and County holidays except Floating Holiday and Employee's Birthday. 4.3 Each grievance when filed shall state with particularity the violation of the contract claimed, the facts of such violation, the Article of the contract violated and the remedy sought by the Union. Employees shall at all times have the right to the presence of a Union representative in any step of the grievance procedure. In the case of a class grievance, no more than three employees plus up to four Union representatives, only one of who may be in pay status may meet with the Division or Department Head in Steps 2 and 3 below. 4.4 Grievances shall be processed in accordance with the following grievance procedure: Step 1 The aggrieved employee shall discuss the grievance with his/her Battalion Chief or Bureau OIC within ten (10) days of the incident or knowledge of the incident which gave rise to the grievance. The Battalion Chief/Bureau OIC shall discuss the grievance with the Division Chief in the employee’s (grievant) direct chain of command. The Division Chief, in the grievant’s direct chain of command, shall respond to the employee and the Union, in writing on the standard form provided by the County for this purpose within ten (10) days. Step 2 If the grievance has not been satisfactorily resolved at Step 1 or if it is a class grievance, the grievance shall be reduced to writing by the Union on the standard e-form provided by the County for this purpose and presented to the Division of Professional Standards Division Chief within ten (10) days from the time the response was due in Step 1. The Division Chief shall meet with the Union representative and the employee(s) within fifteen (15) days. The Division Chief shall notify the employee seventy-two hours prior to the meeting and advise him/her of the time and place the meeting will be held. The Division of Professional Standards Division Chief shall respond in writing within ten (10) days from the date of the meeting. Step 3 If the grievance has not been satisfactorily resolved in Step 2, the Union may appeal to the Fire Chief within ten (10) days of receipt of the response in Step 2. The Fire Chief, or his/her designee, shall meet with the Union representative and the employee within fifteen (15) days. The Fire Chief, or his/her designee, shall notify the employee seventy-two hours prior to the meeting and advise him/her of the time and place the meeting will be held. The Fire Chief, or his/her designee, shall respond in writing within ten (10) days from the date of the meeting. This response shall contain copies of all material reviewed and relied upon in making a determination. In the event the Union requests arbitration of a grievance that was heard by the designee, then the Fire Chief will meet with the Union prior to the scheduled arbitration hearing date. 4.5 Either party may be granted one (1) extension of time at Steps 1, 2, or 3 at the parties’ mutual agreement, not to exceed time provided above for each step. The other party must, however, be notified of the extension prior to the expiration of the time limit for the step. 4.6 If the grievance is not processed by either party within the time limits provided for in Steps 2 or 3 the grievance shall automatically proceed to the next step. 4.7 Nothing shall prevent the parties from agreeing to submit initial grievances to any step deemed appropriate in order to expedite a determination, provided that at least one grievance step shall always precede arbitration. 4.8 The Union may, on behalf of a permanent status bargaining unit employee, appeal the disciplinary actions of dismissal, demotion and suspension by utilizing the arbitration procedure contained in Article 5 of 1403.1 3 this Agreement. The Union shall notify the Director of the Human Resources Department, in writing no later than thirty (30) calendar days from the employee’s and the Union’s receipt of the final disciplinary action. ARTICLE 5 ARBITRATION 5.1 If a grievance, as defined in Article 4, has not been satisfactorily resolved through the grievance procedure, the Union may request arbitration by writing to the County’s Director of Labor Relations no later than thirty (30) calendar days after the Fire Chief’s response is due in Step 3 of the grievance procedure, or, if the parties mutually agree to an extension of time for the Fire Chief to respond, no later than thirty (30) calendar days after the Fire Chief’s response is submitted to the Union. The County’s Director of Labor Relations shall begin implementation of the arbitration process within seven (7) calendar days after receiving such request to arbitrate. Upon ratification of this Agreement, the parties to this Agreement will attempt to mutually agree upon a permanent panel of eight (8) independent arbitrators. The panel of arbitrators shall be established from a panel of at least thirty (30) arbitrators as forwarded by the American Arbitration Association. The panel of eight (8) arbitrators shall be placed in random order. An arbitrator, after selection, shall be placed in the eighth (8th) position on the list and the arbitrator originally listed second will become the next arbitrator assigned. 5.2 The arbitration shall be conducted under the rules of the American Arbitration Association except where those rules differ from the procedures in this Agreement, in which case, the Agreement shall prevail. Subject to the limitations herein, the arbitrator shall have jurisdiction and authority to decide a grievance as defined in Article 4. Arbitration hearings shall be held at a neutral location mutually agreed to by the County and the Union. 5.3 The County and the Union shall attempt to agree to a written statement of the issue(s) to be arbitrated prior to the arbitration hearing. In the event of failure of the parties to agree on a statement of issues to be submitted, each party shall present a written statement of the grievance and issues to be decided to the arbitrator. Wherever possible, such statements shall be forwarded to the arbitrator and exchanged between the parties two (2) weeks prior to the arbitration hearing date. Rights of the parties shall not be prejudiced by the inability or failure to comply with this subsection. 5.4 At the hearing, the arbitrator shall confine himself/herself exclusively to the question which is presented to him/her, which question must be actual and existing. 5.5 The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in Article 4. Disciplinary matters are expressly excluded from arbitration, except as provided for under Article 4.8. 5.6 The arbitrator shall have no authority to change, amend, add to, subtract from, ignore, modify, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. At the arbitration hearing either party may request a certified court reporter. The loser of the arbitration proceeding will pay the cost for both parties of filing for arbitration, and the cost of the arbitrator. Each party shall pay the expenses and fees of its own witnesses. 5.7 The arbitrator shall issue the award within thirty (30) days of the hearing. Such award shall be final and binding on both parties. The arbitrator shall furnish copies of the award to both parties. ARTICLE 6 ASSIGNMENT CERTIFICATION PAY 6.1 Firefighters who are duly certified by the Miami-Dade Fire Rescue Department and who are assigned full-time duties as "Driver Operators" on fire apparatus shall be paid at a rate one step above their regular rate of pay, except employees at the maximum step of the salary range shall receive 5% above their regular rate. 1403.1 4 6.2 Firefighting personnel who are State Certified Emergency Medical Technicians or State Certified Paramedics who do not have Department Paramedic Protocol Certification shall be paid at a rate of 19% above their regular rate of pay. This Assignment Certification Pay will be applicable to those bargaining unit employees who are eligible for this Assignment Certification Pay and who are classified as “Special Risk” under the Florida Retirement System. 6.3 Firefighting personnel who are State Certified Paramedics and have passed Department Paramedic Protocol Certification shall be paid at a rate of 24% above their regular rate of pay. This Assignment Certification Pay will be applicable to those bargaining unit employees who are eligible for this Assignment Certification Pay and who are classified as “Special Risk” under the Florida Retirement System. 6.4 It is understood between the parties that the Assignment Certification Pay under Articles 6.2 and 6.3 shall be considered as a component of an employees’ base pay for the purposes of the Florida Retirement System (FRS). 6.5 Firefighting personnel assigned full-time duties as a Bureau O.I.C. shall be paid at a rate one step above their regular rate of pay, except employees at the maximum step of the salary range shall receive 5% above their regular rate. 6.6 Firefighting personnel assigned full-time to the Training Division, shall be paid at a rate one step above their regular rate of pay, except employees at the maximum step of the salary range shall receive 5% above their regular rate. Personnel who are State Certified Instructors shall receive an additional 2.5% during their assignment to the Training Division; possess and maintain a State Certified Instructor certification as a condition of their bid; or during any department assigned training approved by the division. 6.7 Firefighting personnel who are assigned full-time to the Fire Prevention Division shall be paid in accordance with the provisions under Appendix-A in this Agreement. 6.8 Firefighting personnel who are Miami-Dade Fire Rescue Department Airport certified, and assigned to Airport units shall receive an additional 5% above their regular rate of pay. 6.9 Firefighting personnel assigned full-time duties to the Miami-Dade Fire Rescue Fire Chief’s Office, the Division of Professional Standards, or the Operations Administrative Division shall receive 5% above their regular rate of pay. 6.10 Personnel assigned to special projects as defined and approved by the Miami-Dade Fire Rescue Fire Chief shall receive 5% above their regular rate of pay. 6.11 Firefighting personnel who are certified and assigned full time duties on "air truck" units shall be paid at a rate one step above their regular rate of pay except employees at the maximum step of the pay range shall receive 5% above their regular rate. 6.12 Firefighting personnel who are certified by the Department and assigned full time duties in the Hazardous Materials Bureau or on hazmat units shall be paid at one step above their regular rate of pay. Those bargaining unit personnel who are duly certified as Hazmat Specialist in accordance with rules, regulations and protocols established and maintained by the Miami-Dade Fire Rescue Department and assigned full time duties on a Hazardous Materials Specialty Unit (e.g. Hazmat 45) or to the Hazardous Materials Bureau, prior to ratification of this agreement by both parties, shall be paid at one step above their regular rate of pay in addition to the hazmat assignment pay supplement. Employees at the maximum step of the pay range shall receive 5% above their regular rate. All firefighting personnel who achieve Hazmat Specialist certification after ratification of this agreement by both parties, shall be paid 5% above their regular rate of pay for all hours worked on a Hazardous Material Specialty Unit (e.g. Hazmat 45) or if assigned full time duties in the Hazardous Materials Bureau. 1403.1 5 6.13 Firefighting personnel who are assigned full time duties to the Logistical Services Division or the Facilities and Construction Division shall be paid at a rate one step above their regular rate of pay, except employees at the maximum step of the salary range shall receive 5% above their regular rate. 6.14 Firefighting personnel who are certified and assigned full time duties on "Air Rescue" units shall be paid at a rate one step above their regular rate of pay, except employees at the maximum step of the salary range shall receive 5% above their regular rate. 6.15 Firefighting personnel shall receive a hazardous duty pay supplement in the amount of $125.00. Effective April 1, 2022, this pay supplement shall increase to $150.00. Effective April 1, 2023, this pay supplement shall increase to $175.00. 6.16 Firefighting personnel assigned full time by the Department to the Emergency Medical Services (E.M.S) Division and/or the Health and Safety Division shall receive a 5% pay supplement above their regular rate of pay. In addition, E.M.S. Captains and the current Fire Lieutenants assigned to this Division who are State Certified Fire Service Instructors shall receive an additional 2.5% pay supplement above their regular rate of pay. 6.17 Firefighting personnel who are certified Department authorized divers in accordance with rules, regulations, and protocols established and maintained by the Miami-Dade Fire Rescue Department and are assigned to a 24-hour shift in Operations, Flight Medic Relief positions, Dive Rescue Training Bureau, and the Marine Services Bureau shall be paid at a rate one step above their regular rate of pay. The County Mayor and Fire Chief of the Miami-Dade Fire Rescue Department shall retain the authority and discretion to determine the number of employees who will receive this pay supplement. Employees in administrative, nonoperations positions, will not be eligible to receive the dive pay supplement. Those eligible employees shall be required to possess and maintain a current advanced open water diver certification and meet all Department rules, regulations, and protocols in order to be qualified to receive this dive pay supplement. 6.18 Firefighting personnel who are assigned full-time staff (40-hour work week) to the Special Operations Division shall be paid at a rate one step above the regular rate of pay except employees at the maximum step of the pay range who shall receive 5% above their regular rate, in accordance with rules, regulations, and protocols established and maintained by the Department. The County Mayor and the Fire Chief of the MiamiDade Fire Rescue Department shall retain the authority and discretion to determine the number of employees who will receive this pay supplement. This supplement does not apply to employees covered by Articles 6.6, 6.11, 6.12, 6.14, 6.19, and 6.20. 6.19 Firefighting personnel certified by the Department as Marine Firefighters and assigned full time duties on a marine firefighting unit shall be paid at a rate one step above the regular rate of pay except employees at the maximum step of the pay range who shall receive 5% above their regular rate, in accordance with rules, regulations, and protocols established and maintained by the Department. The County Mayor and the Fire Chief of the Miami-Dade Fire Rescue Department shall retain the authority and discretion to determine the number of employees who will receive this pay supplement. This supplement does not apply to employees covered by Article 6.18. 6.20 Firefighting personnel who are certified by the Department as Technical Rescue Technicians and assigned full time duties on a Technical Rescue Unit shall be paid at a rate one step above their regular rate of pay except employees at the maximum step of the pay range who shall receive 5% above their regular rate, in accordance with rules, regulations, and protocols established and maintained by the Department. This supplement does not apply to employees covered by Article 6.18. Upon ratification of this agreement by both parties, all firefighting personnel who are duly certified as Technical Rescue Specialist in accordance with rules, regulations and protocols established and maintained by the Fire Department, shall also be paid 5% above their regular rate of pay for all hours worked on a Technical Rescue Specialty Unit (e.g. Squad 69) or if assigned full time duties in the Technical Rescue Bureau (except only those bargaining unit employees currently assigned to the bureau prior to ratification shall be paid one step above their regular rate of pay). 1403.1 6 6.21 Firefighter personnel shall be entitled to only those approved pay supplements that are applicable and consistent with their current authorized departmental assignment within the Miami-Dade Fire/Rescue Department. Employees voluntarily working out of their bid assignment shall be entitled to the pay associated with their requested assignment. Employees who are requested to work assignments by the Department will receive the higher of the two assignment’s incentives, but not both. 6.22 Promotional Pay Calculations for Firefighting Personnel will be in accordance with the provisions of the Memorandum of Understanding under Appendix B of this Agreement. An employee being promoted, who is within three (3) pay periods of receiving a scheduled merit increase, shall receive the merit increase prior to calculating the promotional rate of pay provided the employee’s performance is satisfactory. The performance evaluation must be submitted in order for the merit increase to be considered. 6.23 Firefighting personnel assigned full time duties in the Communications Division shall be paid at a rate one step above their regular rate of pay, except employees at the maximum step of the pay range shall receive 5% above their regular rate. 6.24 All personnel working on a three (3) person Rescue Transport Unit or Air Rescue shall receive a 5% above their regular rate as part of their full time regular salary if they are bid or assigned by Electronic Personnel Action Transfer (ePAT) on a Rescue Transport Unit or Air Rescue Unit. Any other personnel not bid/assigned by ePAT as described above will only receive the incentive for the hours worked on a Rescue Transport Unit or Air Rescue, including personnel bid, not on Temporary Restricted Duty (TRD) on the date of ratification. ARTICLE 7 OVERTIME 7.1 All employees of the Miami-Dade Fire Rescue Department set forth in Article 2, shall have the right to request and be paid at the rate of one and one half times their normal rate of pay for all duty hours performed in excess of the normal work day or week. Normal work day shall mean twenty-four hours for all employees working twenty-four hour tours of duty. 7.2 The opportunity to work overtime shall be offered to all employees covered by this Article and hired by the current OT hiring practices. Any changes to the current OT hiring practices must be mutually agreed upon between the Department and the Local. Overtime for Rescue Units, Air Units, Haz Mat, Marine Fire Units, Technical Rescue Trucks (TRT), Training, ARFF Personnel, and all driver/operator positions (including specialty units, i.e. pumper, aerial, ladder, tanker, platform) will be filled by those with Department certification when available. The rosters shall record the dates the employees are offered the opportunity to work overtime and their response. 7.3 Voluntary overtime shall not be refused whenever the need exists except for personal emergency or substantial inconvenience of the employee. 7.4 Overtime will always be hired by rank except when sufficient on-duty personnel are available including personnel working out of class as defined in Article 13, Section 13.7 and 13.8. In the OIC Position (i.e. Lieutenants and Captains) when the OT hiring list has been exhausted at a specific rank the other rank can be hired. For oncoming overtime after 1800 hrs. when the oncoming officer in the position is of a different rank (Lieutenant or Captain), that specific oncoming officer shall be hired. If the oncoming officer is unavailable, the appropriate rank of the vacancy will be hired. 7.5 For employees regularly assigned to forty (40) hours, on either four (4) or five (5) day weekly schedules, overtime shall be paid for time worked in excess of forty (40) hours of work per work week and for daily overtime. Annual, Sick, Military and Disability Leave shall be included in the calculation of the forty (40) hour work week and for the purpose of computation of overtime; however, the payment of these benefits, as otherwise provided herein, shall not be diminished or changed. Non-Job basis bargaining unit employees eligible for overtime compensation as specified in Article 7.1 who are regularly assigned to forty (40) hour 1403.1 7