labor-relations-iaff-1403.pdf

COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE MIAMI-DADE FIRE-RESCUE DEPARTMENT, AND THE METRO DADE FIREFIGHTERS IAFF LOCAL 1403 OCTOBER 1, 2023 - SEPTEMBER 30, 2026  TABLE OF CONTENTS Article No. Title...

COLLECTIVE BARGAINING AGREEMENT BETWEEN MIAMI-DADE COUNTY, THE MIAMI-DADE FIRE-RESCUE DEPARTMENT, AND THE METRO DADE FIREFIGHTERS IAFF LOCAL 1403 OCTOBER 1, 2023 - SEPTEMBER 30, 2026  TABLE OF CONTENTS Article No. Title Page 1 Preface 1 2 Recognition 1 3 Management Rights and Scope of the Agreement 2 4 Grievance Procedure 3 5 Arbitration 4 6 Assignment Certification Pay 5 7 Overtime 8 8 Work In Other Classifications 10 9 Call Back, Court Time, and Jury Duty 10 10 Leave 11 11 Certification of Firefighting Personnel 16 12 Job Duties 17 13 Firefighting Personnel Staffing of Apparatus 17 14 Firefighting Personnel Assignments and Transfers 19 15 Firefighting Relief Personnel 23 16 Promotional Examinations 23 17 Education 26 18 Non-Discrimination Clause 27 19 Health Services 28 20 Bulletin Boards 30 21 Union Activity 30 22 Union Representatives 30 23 Labor-Management Committee 31 24 Safety Standards and Equipment 31  25 Night Differential 32 26 Mergers of Other Fire Departments 33 27 Firefighting Personnel Tour of Duty and Hours of Work 33 28 Group Health Insurance 34 29 Firefighting Personnel Shift Exchange 35 30 Savings Clause 36 31 Personal Liability Protection 36 32 Extra Duty Services 37 33 Voting 38 34 Services to the Union 38 35 Use of Private Vehicles 38 36 Long Service Pay Premiums 38 37 Dues Check-Off 40 38 Reporting of Injuries 40 39 Severability 40 40 Strikes and Lockouts 41 41 Amendment 41 42 Duty Vehicle and Radios 41 43 Personnel File and Disciplinary Matters 41 44 Wages 43 45 Term of Agreement and Reopening 43 46 Paychecks 44 47 Firefighting Personnel Working Conditions 45. 48 Communication 45 49 Toxicology and Alcohol Testing 45 50 Dispatchers’ Addendum 46 51 Layoff and Demotion Procedures 49 52 Community Mentoring Initiative 49 53 Temporary Restricted Duty (Non-Service Connected) 50 Addendum - SCUBA Rescue Authorized (SRA) Divers 52 Appendix A - Fire Prevention Division 53 Appendix B - Promotional Pay Step Calculation 55 Signature Page 56 Index 57 ARTICLE 1 PREFACE 1.1 This Agreement is made and entered into this first day of October 2023, 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, and shall also include employees in the bargaining unit classifications of Fire Department Helicopter Chief Pilot, Fire Department Helicopter Pilot and Fire Department Helicopter Co-Pilot. 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 on or after October 1, 2021, the entrance pay rate for the bargaining unit classification of Firefighter shall be: A. A firefighter who was hired between April 1, 1992 and October 1, 2021 and obtains Florida certification as a paramedic after a change in classification from Trainee to Probationary status, will be placed on the appropriate pay step as if they possessed the paramedic certification during the change in classification from Trainee to Probationary. Such employee will not have their anniversary date changed and are entitled to retroactive compensation to the date of paramedic state certification from the State of Florida. B. 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. 1  C. 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 classification 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. 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 – Assignment Certification Pay 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 Miami-Dade 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. Determine the missions and objectives of the Department; B. Set standards of service to be offered to the public; C. Determine the methods, means, and number of Personnel necessary to carry out Department responsibilities; D. Exercise control and discretion over its organization and operations; E. Take such actions as may be necessary to carry out services during emergencies declared by the Mayor; F. Discipline or discharge employees for just cause; G. 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. H. Introduce new or improved methods, operations, or facilities; I. Hire, promote, transfer, or assign employees; 2  J. 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; K. 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. 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 or mutually agreeable designee within ten (10) days from the time the response was due in Step 1. The Division Chief or mutually agreeable designee shall meet with the Union representative and the employee(s) within fifteen (15) days. The Division Chief or mutually agreeable 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 Division of Professional Standards Division Chief or mutually agreeable designee shall respond in writing within ten (10) days from the date of the meeting. 3  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 (72) 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. Step 4 If the decision of the Fire Chief has not satisfactorily resolved the grievance, the Union may request a Labor Management Committee Meeting, in writing, to the Division Director of Labor Relations, Human Resources, to discuss the unresolved grievance. This meeting must be attended by legal representatives from both parties and be held within twenty (20) working days after the Union’s request. 4.5 Either party may be granted one (1) extension of time at Steps 1, 2, 3 or 4 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 – Arbitration of 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. 4 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. Additionally, effective October 2, 2023, all personnel who are required to have the Driver Operator certification as part of their bid assignment, excluding Driver Operators in a CR route (see article 6.26), shall receive 5% above their regular rate of pay. 6.2 Effective October 2, 2023, 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 21% 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. This incentive shall increase by an additional two and a half percent (2.5%) to twenty-three and a half percent (23.5%) above their regular rate of pay. The effective date of this 2.5% increase shall be dependent on the proposed reinstatement of the FRS 3% COLA for retirees and on the financial impact to the County as follows: Effective date of October 1, 2024, if the FRS COLA reinstatement does not pass on or before July 1, 2024, or passes with a financial impact to the County of $12,000,000 or less; OR Effective date of October 1, 2025, if the FRS COLA reinstatement passes on or before July 1, 2024, with a financial impact to the County of more than $12,000,000. Effective October 1, 2025, this incentive shall be rolled into base pay for all EMTs and Paramedics and removed from this agreement. 6.3 Effective October 2, 2023, firefighting personnel who are State Certified Paramedics and have passed Department Paramedic Protocol Certification shall be paid at a rate of 26% above their regular 5 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. This incentive shall increase by an additional two and a half percent (2.5%) to twenty-eight and a half percent (28.5%) above their regular rate of pay. The effective date of this 2.5% increase shall be dependent on the proposed reinstatement of the FRS 3% COLA for retirees and on the financial impact to the County as follows: Effective date of October 1, 2024, if the FRS COLA reinstatement does not pass on or before July 1, 2024 or passes with a financial impact to the County of $12,000,000 or less; OR Effective date of October 1, 2025, if the FRS COLA reinstatement passes on or before July 1, 2024 with a financial impact to the County of more than $12,000,000. Effective October 1, 2025, this incentive shall be reduced to five percent (5%) above the regular rate of pay. The reduction shall coincide with the EMT incentive roll into base pay noted above in article 6.2. 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 the Airport Operations Division 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 6 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 December 13, 2021, 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 December 13, 2021, 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. 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 $175.00. 6.16 Firefighting personnel assigned full time by the Department to the Emergency Medical Services (E.M.S) Division, the Health and Safety Division and/or EMS Captains assigned to operations 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, non-operations 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. The attached addendum applies to divers certified by the Department after ratification of this agreement. 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 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 Articles 6.6, 6.11, 6.12, 6.14, 6.19, 6.20, and 6.24. 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. 7 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. 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 December 13, 2021 shall be paid one step above their regular rate of pay). 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 Firefighting personnel who are assigned full-time staff (40-hour work week) to the Urban Search and Rescue (USAR) Bureau, shall be paid at a rate one step above the regular rate of pay except for employees at the maximum step of the pay range who shall receive 5% above their regular rate of pay, 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 have sole discretion to determine the number of employees who will receive this pay supplement. 6.25 Effective October 2, 2023, all personnel working on a three (3) person Rescue Transport Unit, Fireboat 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, Fireboat 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, Fireboat or Air Rescue. Personnel on Temporary Restricted Duty (TRD) shall not receive this pay. 6.26 Effective October 2, 2023, personnel bid or assigned in any CR Group with four (4) or more scheduled shifts receiving the same pay incentive (provided by Article 6) in a six-day CR cycle will be paid the incentive full-time. 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 (1½) 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 (24) hours for all employees working twenty-four (24) hour tours of duty. 8 7.2 The opportunity to work overtime shall be offered to all employees covered by this Article and pursuant to Departmental Policy (as may be amended) 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. 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 work schedules shall be eligible to be paid at the overtime rate when working in operations, notwithstanding the fact that they may not have worked 40 hours in the week due to using annual, sick, military or disability leave. 7.6 Employees regularly scheduled for forty (40) hours who work an extra shift in addition to the forty (40) hour work week shall not be considered to be working on a call back. 7.7 Compensatory time can be earned in lieu of overtime, except for off-regular duty special events or in-kind services where vendors pay an overtime rate, and may be accrued up to a maximum of 400 hours. Employees eligible for overtime pay can request compensatory time in lieu of overtime payment. 7.8 Overtime - The Fire Chief may authorize the payment of overtime compensation at the rate of one and one-half times the employees’ normal rate of pay for Chief Fire Officers who are assigned to emergency response efforts when extraordinary circumstances warrant. 7.9 Chief Fire Officers (CFO’s) will be eligible to receive overtime compensation at the rate of time and one-half of their normal rate of pay when filling in for an Operations battalion CFO assigned to a 24-hour shift (tour of duty). Additionally, such Operations CFO’s shall receive up to a maximum of one- half (1/2) hour of overtime compensation per operational shift change working as a Battalion Chief when they report to an Operations duty station. 7.10 Captains working in Operations shall receive up to a maximum of fifteen (15) minutes of overtime compensation before and fifteen (15) minutes of overtime compensation after each operational shift when they report to an Operations duty station. 9 7.11 Personnel hired for overtime will not be paid for travel time. However, bargaining unit members shall be entitled to all disability benefits provided in this agreement and under Section 2.56 of the Code of Miami-Dade County while traveling from one duty station to another duty station. 7.12 EMTs assigned on a Rescue Unit will be allowed to take emergency off-going overtime or emergency on-coming overtime in the position they were assigned. This overtime will not exceed 12 hours and there must be two additional paramedics assigned and working on the Rescue Unit as per Article 13.2. 7.13 Anticipated overtime cancelled within 30 minutes of the assigned start time will be paid a minimum of four hours of overtime. ARTICLE 8 WORK IN OTHER CLASSIFICATION 8.1 The County agrees to take necessary action to minimize the utilization of employees working out of their classification by making every reasonable effort to have sufficient relief personnel of each rank. 8.2 When it is necessary that an employee work in a higher classification, the employee shall be paid at a rate equal to the minimum salary for the higher classification with at least a one pay step increase. 8.3 The promotional eligibility list shall be considered when temporarily filling vacancies in a higher classification without resulting in a transfer from shift to shift or to another division. 8.4 Personnel who work in a higher classification; or as a driver-operator; or on a Technical Rescue unit, Marine Firefighting unit, Hazardous Materials unit, Airport unit, Air Rescue unit, Air Truck unit, or rescue assignment shall be compensated as provided above for all hours worked in that classification or assignment. ARTICLE 9 CALL BACK, COURT TIME, AND JURY DUTY 9.1 When it is necessary to require employees to return to work from off-duty, the County agrees to compensate the employee at the overtime rate, with a minimum of four (4) hours compensation at the overtime rate. 9.2 Any employee covered by this Agreement who is required by the Department or by subpoena to appear in Court during off-duty hours on any matter arising out of his/her employment, shall be compensated at the overtime rate, with a minimum of four (4) hours compensation at the overtime rate. 9.3 For the purposes of this Article, call back and court appearances qualifying for payments as described above, will be those occurrences separated from the employee's normal duty shift by a period of more than sixty (60) minutes. 9.4 When an employee is required to report for Jury Duty on a day following his/her regular shift, the employee will be relieved of duty with pay at approximately 7:00 P.M. the night before. If the employee is excused from Jury Duty after 3:00 p.m. on his/her regular duty day and is not required to report for Jury Duty again the following morning, he/she shall return to duty that day. If an employee is excused from Jury Duty before 3:00 P.M. on his/her regular duty day they shall return to duty for the remainder of the shift, or until 7:00 P.M, if required to report for Jury Duty again the following day. If the employee is excused from Jury Duty after 3:00 P.M. on his/her regular duty day and is required to report for Jury Duty again the following morning, they shall be relieved of duty for the entire shift. Employees must secure a certificate of jury duty attendance with the time released noted to qualify for time off with pay. 10 ARTICLE 10 LEAVE 10.1 The Miami-Dade County Leave Manual shall be applied to all employees within this bargaining unit and shall be administered in accordance with present practice except as specifically modified herein. 10.2 Holidays: The following shall be considered Holidays and shall be administered and paid for pursuant to present practice: New Year's Day Labor Day M. L. King's Birthday Columbus Day President’s Day Veteran's Day Law Enforcement Appreciation Day** Thanksgiving Day Memorial Day Friday after Thanksgiving Juneteenth* Christmas Day Independence Day Employee's Birthday 3 Floating Holidays (of employee's choice) *Regarding the Juneteenth Holiday, it is recognized and designated as a paid County holiday to be observed on June 19; however, in the event June 19 is on a Saturday or Sunday in any given year, the paid County holiday shall be observed on the following business day. Should the Board of County Commissioners (BCC) change the holiday’s observance day it shall automatically be changed in this agreement to conform to the BCC’s decision to change the day of observance. **The Law Enforcement Appreciation Day Holiday is recognized and designated as a paid County holiday to be observed on the Friday before National Police Week. 10.3 Firefighting personnel shall be permitted to accrue without limit all earned Holiday Leave. Upon request, employees shall be paid for each holiday as it occurs, or select one of the following three Options to be paid for unpaid Holiday Leave. Employees are required to submit their request on the department approved form when requesting any or all of the three options. Option 1 allows the employee to be paid for all unpaid Holiday Leave earned during the current fiscal year on the first pay period of the following fiscal year (October). Any Holiday Leave used or paid during that current fiscal year will be subtracted from the total amount of hours earned for the year. An employee requesting Option 1 must submit the request in writing by July 1 of the current fiscal year. Option 2 allows employees one opportunity per fiscal year, to be paid for all or any part of their accrued Holiday Leave excluding Holiday Leave earned during the current fiscal year by submitting a written request between October 1 and October 30 of each year. If the total aggregate request by employees exceeds $300,000.00, each employee shall receive payment in pro-rata, equal shares or if the employee is requesting less than the pro-rata share. Effective October 1, 2025, the aggregate amount will increase to $400,000. Option 3 allows employees with twenty or more years of service, on a one-time basis only, to receive up to 500 hours of accrued Holiday Leave, paid upon request over 26 pay periods of the following fiscal year. An employee requesting Option 3 must submit the request in writing by July 1 of the current fiscal year. 11 10.4 Annual Leave: The Annual Leave (vacation) scheduling procedure shall be as follows: A. Vacation request forms shall be distributed to employees by August 15th. B. Vacation request forms shall be returned by employees by September 15th. Employees whose forms are not returned by September 15th will be placed at the bottom of the applicable seniority list for that year. C. The vacation schedules shall be published and posted by October 15th. D. The year will be divided into twenty-six (26) two (2) week vacation periods. Employees may request any two vacation periods. Employees who earn two (2) weeks of vacation shall use at least two (2) weeks of annual leave. Employees annual days off may apply toward their minimum two (2) week vacation period. Personnel who have used less than two (2) weeks, 96/80 hours of annual leave during the Department's annual vacation period (January through December), will be required to use the balance during a scheduled vacation period. E. Personnel will be given an opportunity to indicate their preferences for vacation. Vacation will be granted based upon seniority in the Department. Separate vacation rosters for vacation preference selection will be issued by Division as follows: 1) Operations Division 1. Rank 2. Shift Operations Vacation Selection Preference Rosters SHIFTS A B C CHIEF FIRE OFFICER CHIEF FIRE OFFICER CHIEF FIRE OFFICER FIRE CAPTAIN FIRE CAPTAIN FIRE CAPTAIN FIRE LIEUTENANT FIRE LIEUTENANT FIRE LIEUTENANT FIREFIGHTER FIREFIGHTER FIREFIGHTER 2) Airport Division 1. Rank 2. Shift 3) All other divisions--existing practice by Rank and Shift. 4) The scheduling of vacation leave for the term of this contract shall continue to be a management prerogative, except where abridged or limited by the terms of this article. F. Annual leave may be accrued to 750 hours and will be paid upon separation. However, only a statutory maximum of 500 hours shall be reported as covered wages to the Florida Retirement System (FRS) with the required contributions. If an employee is being paid annual leave as a result of entering the Deferred Retirement Option Program (DROP), the maximum payout of annual leave shall not exceed the 12  statutory maximum of 500 hours. Any employee having a balance in excess of the maximum accrual of 750 hours at the end of their leave year will forfeit and lose such excess annual leave accrual. Employees may receive a payout of up to 750 hours of annual leave at the separation of their employment reduced by any annual leave payout received prior to entering DROP. The employee must take the necessary steps to insure that excessive accumulations are used before the forfeit date. The application with this provision will be in accordance with the current Miami-Dade County policies and procedures. 10.5 Bereavement Leave: Sixty (60) hours for 24-hour shift personnel or 40 hours for 40 hour personnel of bereavement leave with pay shall be granted in the event of a death in the immediate family to include mother- in-law, father-in-law and other family members in accordance with the Leave Manual. Should an employee require additional time other than provided herein, he/she may request that bereavement leave be extended an additional three work days and the time shall be charged against accrued compensatory time, annual leave or holiday leave. Such request, if made as part of the original leave request, shall not be denied. An emergency request for such extension, arising during the bereavement leave, shall be granted by the Department whenever possible. 10.6 Authorized Leave: A. Other than normal vacations, the Department will approve, in advance, up to forty-two (42) requests for leave (designated Battalion leave days) per day for 24-hour shift personnel. It is understood and agreed to between the parties that six (6) of these leave requests per day shall be reserved (first right of refusal) for employees to attend Paramedic Training classes. Upon the establishment of any new Operational Battalion, the Department agrees to increase the total number of Battalion leave days in the pool available to all operational personnel by three (3) additional days. B. Requests for leave must be submitted within 21 calendar days but no less than two (2) duty days (seven (7) calendar days) in advance of the requested day off. The two (2) day notice requirement may be waived by the Division Chief due to extenuating circumstances. C. The employee will receive a reply from administration within ninety-six (96) hours of request. D. The Department will normally approve requests on a first come, first serve basis; subject only to exceptional operational needs as determined by the Department in which case the employee will be given a written explanation for denial. 10.7 Sick Leave Accumulation and Conversion: A. Present sick leave use, accrual and conversion rules to remain in effect. 1) Sick leave earned at the rate of 124 hours per leave year. 2) Conversion of unused portion of first 62 hours of sick leave to annual leave; however, an employee may waive the conversion upon written request two (2) pay periods prior to the date of conversion. 3) Employees with less than 20 years of service and a minimum balance of 200 hours in their sick leave bank who have not used ANY sick leave during the employee’s leave year may receive payment. Written request within two (2) pay periods to the date of conversion must be submitted. (80 hour pay period will be paid 48 hours) (96 hour a 13  pay period will be paid 62 hours). No retroactive Payroll Attendance Record (PAR) changes will be permitted for sick leave. 4) At the end of each employee's leave year, the unused portion of the second 62 hours is placed in the Sick Leave Bank and may be accrued without limit for use during an extended illness. B. Firefighting personnel who retire or resign from County service will be eligible to receive payment for up a maximum of 1,000 hours of accrued unused sick leave at the employee’s current rate of pay at time of separation, excluding any shift differential, prorated in accordance with the following schedule: Less than 10 years No Payment 10 years but less than 11 years 25% payment 11 years but less than 12 years 30% payment 12 years but less than 13 years 35% payment 13 years but less than 14 years 40% payment 14 years but less than 15 years 45% payment 15 years but less than 16 years 50% payment 16 years but less than 17 years 55% payment 17 years but less than 18 years 60% payment 18 years but less than 19 years 65% payment 19 years but less than 20 years 70% payment 20 years but less than 21 years 75% payment 21 years but less than 22 years 80% payment 22 years but less than 23 years 85% payment 23 years but less than 24 years 90% payment 24 years but less than 25 years 95% payment 25 years or more 100% payment Special Risk employees who retire after 25 years of full-time County employment will be eligible to receive 100% payment of their full balance of accrued unused sick leave. Such payment will be made at the employee’s current rate at the time of retirement excluding any shift differential, and will not be subject to any maximum number of hours. C. Sick Leave Accumulation and Conversion for Non-Special Risk Employees: 1. Present sick leave use, accrual and conversion rules to remain in effect. a) Sick leave earned at the rate of one (1) day per month (96 hours per year). b) Conversion of unused portion of sick leave days 1 through 6 to Annual Leave. c) At the end of each employee's leave year, the unused portion of sick days 7 through 12 are placed in the Sick Leave Bank and may be accrued without limit. d) Employees who retire or resign from County service will be eligible to receive payment for up to a maximum of 1,000 hours of accrued unused sick leave at the employees' current rate of pay at time of separation, excluding any shift differential, prorated in accordance with the following schedule: Less than 10 years No payment 10 years but less than 11 years 25% payment 14  11 years but less than 12 years 30% payment 12 years but less than 13 years 35% payment 13 years but less than 14 years 40% payment 14 years but less than 15 years 45% payment 15 years but less than 16 years 50% payment 16 years but less than 17 years 55% payment 17 years but less than 18 years 60% payment 18 years but less than 19 years 65% payment 19 years but less than 20 years 70% payment 20 years but less than 21 years 75% payment 21 years but less than 22 years 77.5% payment 22 years but less than 23 years 80% payment 23 years but less than 24 years 82.5% payment 24 years but less than 25 years 85% payment 25 years but less than 26 years 87.5% payment 26 years but less than 27 years 90% payment 27 years but less than 28 years 92.5% payment 28 years but less than 29 years 95% payment 29 years but less than 30 years 97.5% payment 30 years or more 100% payment Non-Special Risk employees who retire after 30 years of full time County employment will be eligible to receive 100% payment of their full balance of accrued unused sick leave. Such payment will be made at the employee’s current rate of pay at the time of retirement excluding any shift differential, and will not be subject to any maximum number of hours. 10.8 Firefighting personnel leave accumulation and conversion shall be consistent with the number of hours in the work week. Leave will be proportionately affected by a change in the work week. 10.9 Employees with 20 or more years of service are entitled to receive pay for the sick leave hours that qualify to be converted to annual leave each year. This payment must be requested in writing two (2) pay periods prior to the date of conversion and will be paid at a rate of no more than 24 hours per pay period. 10.10 Firefighting personnel killed in the line of duty or who are approved for in line of duty disability retirement by the Miami-Dade County Disability Panel and/or by the Florida Retirement System (FRS) shall receive 100% of their accrued sick leave paid at their current rate of pay at time of death or disability retirement. 10.11 Military Leave - Time served by an employee on Military Leave will be credited toward merit increases, longevity annual leave, longevity bonus, layoff retention rights and seniority credit for promotional examinations. It is understood between the parties that bargaining unit employees will be covered by the provisions of County Resolution R-157-03 that authorizes the continuation of certain compensation to County employees on active military duty. Employees returning from active duty will be allowed to sit for any and all promotional exams they may have missed during the active-duty period. These employees will be allowed the option to have a minimum of sixty days to study for any promotional exams after the active-duty period. 10.12 Paid Parental Leave - Paid Parental Leave shall be authorized in accordance with Miami-Dade Ordinance No. 16-20 to care for a newborn, newly-adopted child, or newly-placed foster child or children. Eligible employees will be provided up to six (6) weeks of paid leave at 100 percent of base wages for the first two (2) weeks, 75 percent of base wages for the following two (2) weeks, and 50 percent of base wages for the remaining two (2) weeks. This provision is subject to any modifications or revocations by 15 the Board of County Commissioners to Ordinance 16-20, in accordance with Article X of Chapter 11A of the Code of Miami-Dade County. 10.13 Effective October 1, 2025, bargaining unit employees shall be eligible to cash out up to forty- eight (48) hours of compensatory leave in December of each calendar year by submitting a form created for such purpose by the first Monday in December. ARTICLE 11 CERTIFICATION OF FIREFIGHTING PERSONNEL 11.1 All Driver Operators, Flight Medics, Protocol Paramedics, Air Truck Technicians, Hazardous Material Technicians, Hazardous Material Specialists, Technical Rescue Technicians, Technical Rescue Specialists, Marine Firefighters (MFF), Fire Boat personnel, Venom Response personnel, EMS Field Supervisors, and Aircraft Rescue and Firefighting (ARFF) personnel in bid positions shall be duly certified by the Miami-Dade Fire Rescue Department. 11.2 Certification may consist of cognitive and/or practical tests. Test or any classes necessary to obtain said certification will be announced via an All Stations and Offices Memorandum thirty (30) days prior to the administration of the test or class. All applicants meeting minimum qualifications will be given the opportunity to certify. Results may be appealed to the appropriate Division Chief. Applications for certification must be in writing. 11.3 Upon successful completion of the Driver Operator, Hazardous Materials Technician (HMT), Hazardous Materials Specialist (HMS), Hazardous Materials Medical Technician (HMMT), Technical Rescue Technician (TRT), Technical Rescue Specialist (TRS), Airport, Marine Firefighter (MFF), Flight Medic, Air Truck, and Protocol Paramedic certification test personnel will not be required to recertify during the term of this Agreement. Except for Protocol Paramedic, personnel may voluntarily surrender a certification through submission of an eMemo with a relinquishment form, as mutually agreed upon, via chain of command. The Department has up to six (6) months to approve a request for those personnel assigned to 40-hour positions. Personnel who voluntarily surrender a certification and later wish to again obtain the certification must repeat the certification process. Test will be announced via an All Station and Offices Memorandum thirty (30) days prior to the administration of the test. All applicants meeting minimum qualifications will be given the opportunity to certify. Periodic re-evaluation of any certified employee's performance may be conducted when the Department has a reasonable basis for such re-evaluation. The employee will be notified in writing of the reason for re-evaluation. 11.4 Questions on written certification exams may be challenged using the same criteria used on promotional exams. Approval for make-up exams must use the same criteria as promotional exams. 11.5 The Paramedic Protocol certification test will be administered by the EMS Division and approved by the Medical Director. However, two (2) Protocol Paramedics, will be present during this test to monitor and offer assistance when needed. The Department Protocol Testing will be scheduled at least twice per fiscal year prior to the regular bid announcement. 11.6 The Department shall provide all necessary training for all State certified EMT’s, Paramedics, and any department certified bid personnel to maintain their certification, or, to meet any minimum recertification requirements, on an in-service, on duty basis. If the Department cannot provide the minimum recertification requirements, the employee shall be paid the overtime rate for all hours spent obtaining these minimum requirements from another source. If after the Department has made a reasonable effort to provide such training by scheduling an employee two (2) times it then becomes the employee’s responsibility to schedule and obtain the training. 11.7 The Department shall provide, at a minimum, one class of at least six (6) students annually for all Department certifications necessary as minimum requirements for bids except for Haz-Mat, TRT, and Flight Medic as per article 14.2. Each time a class is required for a qualified new bid, for Haz-Mat, 16 TRT, and Flight Medic the class will be made up of a minimum of 6 students. Class sizes will be rostered in accordance with the applicable Department Policy and Procedure. ARTICLE 12 JOB DUTIES 12.1 It is understood by the parties that the duties enumerated in job descriptions are not always specifically described and are to be construed liberally. The County agrees that it will not require new tasks and duties to be performed that are not inherent in the nature of the work or do not fall within the skills and other factors common to the classification. 12.2 Whenever there is a proposed change in the job description of a class within this bargaining unit, the County shall discuss with the Union the proposed changes. If the Union is not satisfied with the proposed change, it may, in writing within five (5) days of the conclusion of the discussion stated above, request a hearing before the Human Resources Department’s Director of Labor Relations. This hearing shall be held at a mutually agreeable time, within thirty (30) days. The decision of the Human Resources Department’s Director of Labor Relations shall be final. 12.3 Personnel covered by this contract shall not be required to perform building repairs or maintenance other than normal housekeeping duties. 12.4 Personnel covered by this contract shall not be required to perform lawn maintenance. ARTICLE 13 FIREFIGHTING PERSONNEL STAFFING OF APPARATUS 13.1 The County agrees to provide minimum staffing for firefighting equipment in active service. In order to provide a minimum level of safety to personnel in the bargaining unit, apparatus in service shall be staffed with no less than: Operations Division a. 4 persons per aerial-type unit b. 4 persons per pumper unit c. 3 persons per rescue unit d. 2 persons per water tender unit e. 2 persons per air truck f. 4 persons per fireboat unit 13.2 All three (3) person ALS Transport Rescue units shall be staffed with one (1) state certified Protocol Paramedic Officer in Charge (OIC), and two (2) state certified Protocol Paramedic Firefighters. For relief purposes one (1) Firefighter may be replaced with a state certified EMT whenever there is sufficient on duty personnel. If overtime must be hired for any ALS Transport Rescue, a state certified Protocol paramedic will be hired unless a state certified EMT can be hired in accordance with Article 7. All four (4) person ALS Suppression units shall be staffed with one (1) state certified Protocol Paramedic Officer in Charge (OIC), one (1) state certified Protocol Paramedic Tailboard Firefighter, one (1) certified EMT Driver Operator, and one (1) certified EMT tailboard Firefighter. For relief purposes, the Officer and any other state certified Protocol Paramedic assigned to the unit can fulfill the two (2) state certified Protocol Paramedic requirement. At no time shall any ALS Unit be staffed by less than two (2) State certified Protocol Paramedics, one (1) of which must be the Officer (OIC). All certification and testing of employees shall be done on duty. There will be a minimum of 4 EMS Captains per shift. 17 13.3 The Department will staff the Hazardous Materials Units, Technical Rescue Units, Marine Firefighting Units, and Fire Boat Units with certified personnel as follows: A. Hazardous Materials Units 1. Hazardous Materials Specialty Unit (e.g. Hazmat 45) – Staffing of one (1) Officer and three (3) Firefighters. All personnel must be Department certified as Hazardous Materials Technicians (HMT). These units can ride short in accordance with Article 13.5. 2. Any four (4) person suppression unit designated as a Hazardous Materials Unit shall be staffed with one (1) Officer and three (3) Firefighters. All personnel must be Department certified as Hazardous materials Technicians (HMT). For relief purposes, (1) tailboard Firefighter position may be replaced by a Firefighter without Department certification. 3. Any three (3) person ALS Rescue designated as Hazardous Materials Unit (e.g. Rescue 28) – Staffing of one (1) Officer and two (2) Firefighters. All personnel must be Department certified as Hazardous Materials Technicians and as Haz Mat Medical Technician (HMMT) paramedics. For relief purposes, one (1) Firefighter position may be replaced by a Firefighter without Department certification. B. Technical Rescue Units 1. Technical Rescue Specialty Unit (e.g. Squad 69) – Staffing of one (1) Officer and three (3) Firefighters. All personnel must be Department certified as Technical Rescue Technicians (TRT). 2. Any four (4) person suppression unit designated as a Technical Rescue Unit shall be staffed with one (1) Officer and three (3) Firefighters. All personnel must be Department certified as Technical Rescue Technicians (TRT). For relief purposes, one (1) tailboard Firefighter position may be replaced by a Firefighter without Department certification. C. Marine Firefighting Units Any four (4) person suppression unit designated as a Marine Firefighting unit shall be staffed with one (1) Officer and three (3) Firefighters. For relief purposes, one (1) tailboard Firefighter position may be replaced by a Firefighter without Department certification. Any three (3) person ALS Rescue designated as a Marine Firefighting unit shall be staffed with one (1) Officer and two (2) Firefighters. All personnel must be Department certified as Marine Firefighter for relief purposes, one (1) Firefighter position may be replaced by a Firefighter without Department certification. D. Fire Boat Units Fire Boat units shall be staffed with one (1) Officer and three (3) Firefighters. All personnel must be Fire Boat certified by the Department. Additionally, the Fire Boat Operator and Fire Boat Engineer must be duly certified for their position. E. The Department may move employees who possess certifications pertaining to the Hazardous Materials Units, Technical Rescue Units, Marine Firefighting Units, and Fire Boat(s) from his/her bid position for up to an additional six (6) shifts or parts thereof, for each year of this agreement to fill positions requiring these certifications. These moves are in addition to those provided for under Article 14.6. 18 13.4 The Airport Division shall be staffed as defined in the current Memorandum of Understanding with the Aviation Department except that the current staffing levels, overall and on units, shall not be reduced. No subsequent MOUs shall reduce staffing levels from the previous MOU. (Appendix C) 13.5 Staffing strength may be reduced by one (1) person per unit for short periods not to exceed four (4) hours if personnel are absent for, or assigned to, the following activities: a. Unanticipated or emergency leave granted after a tour of duty has started. The Department will fill these vacancies as soon as possible b. Voting c. Medical Examinations d. Medical Transportation e. Promotional Examinations (up to six (6) hours and to maximum of 70 as described below) f. Recognition ceremonies g. Subpoenas h. Committee’s (Board of Merit, Accident Review Panel, and SOP Committee) i. Investigative Interviews, Disciplinary Hearings, and Grievance Hearings. Staffing strength may also be reduced by one (1) person per battalion for short periods not to exceed twelve (12) hours for training. In addition, no more than eight (8) ALS Transport Rescue units (24 personnel) and eight (8) Suppression units (32 personnel) may be taken out of service for training at any one time. The intent of this article is that no more than 70 personnel shall be utilized for in-service training or promotional examination at any one time. The Department agrees that units will only be taken out of service for training when at least 2 individuals assigned to the unit are scheduled for training. If this occurs, the remaining personnel will be moved to other units for the duration of the training. These moves are in addition to those specified in Article 14.6. Training may be cancelled at any time pursuant to Department operational necessity. One (1) person per Battalion (14 Battalions) 14 Eight (8) ALS Transport Rescues 24 Eight (8) Suppression Units 32 Total 70 If a unit is reduced by one as defined above, the OIC position must be filled by a person in the classification of Fire Lieutenant or Fire Captain or, for purposes of a Lieutenant vacancy, by a person on a current promotional eligibility list. 13.6 In the event that the County decides to use the Fire-Rescue Department as the County Department for total transportation of the sick and injured, this Agreement shall be reopened for negotiations as provided by law. If any personnel covered by this Agreement are assigned to work in any new classifications on such total transportation unit, this Agreement shall be reopened for negotiations as to these employees regarding wages, hours, fringe benefits, and working conditions only. 13.7 Officer in Charge (OIC) positions will be staffed with personnel possessing the required classification and certification. Personnel may ride out of class, not to exceed one classification up, when there are sufficient on-duty personnel and such personnel are not able to fill any vacancies in their classification. ARTICLE 14 FIREFIGHTING PERSONNEL ASSIGNMENTS AND TRANSFERS 14.1 The Fire-Rescue Department will announce and advertise all bid vacancies. A vacancy shall be defined as a position left by a previous bidder prior to the position vacancy announcement date, 19  C.R. position, or any new position authorized for the length of the oncoming bid period (except relief and Special Assignment positions) in the Department. A position shall be defined as a bargaining unit position. All vacancies will be bid twice a year and will be advertised on a Monday in August and February of each year. Closing dates will be two (2) weeks after vacancies are advertised. All awarded bids will be implemented ten (10) weeks after the vacancies are advertised on a C shift Monday, at the beginning of the pay period. 14.2 All bids will be awarded to the most senior person meeting minimum qualifications. However, bids for Paramedic, Driver Operator, Airport, Air Truck, Flight Medic, Hazardous Materials, CR Firefighter, Technical Rescue, Marine Firefighting, and Fireboat which require certification, will be awarded in accordance with the following: A. Driver Operator: Driver Operator bids will be awarded to the senior bidder who is either department certified or state qualified. If no bidder has department certification or state qualification the bid will remain vacant. Certification preference on Fire apparatus is limited to basic Driver Operator Certification. Department certification and/or specialty apparatus certification, i.e., aerial, ladder, etc., shall be required during the bid period. State qualifications is defined as those who have obtained their State of Florida Pump Operator certification (PFL). B. Paramedic: Minimum requirement is State of Florida Paramedic Certification to bid Paramedic positions. Paramedic bids will be awarded to the senior certified bidder. Bid preference is: (1) Department protocol certified paramedics. (State of Florida Certified Paramedic with Department Protocols) (2) State of Florida certified paramedics. (Must become Department certified (Protocols) during the bid period). C. Airport: Bids will be awarded to the senior bidder who has qualified by successfully completing the Department Aircraft Rescue and Firefighting (ARFF) examination which will be offered twice annually. If no bidder is qualified, the bid will remain Vacant. Personnel assigned to the Airport Division will have the bid period to obtain Airport certification. D. Air Truck: Bids will be awarded to the senior bidder. Senior bidder will have the bid period to obtain certification. E. Flight Medic: Bids will be awarded to the senior bidder who is either department certified or has qualified by successfully completing the department’s Flight Medic examination which will be offered annually. If no bidder is qualified, the bid will remain vacant. The successful bidder will have the bid period to obtain Flight Medic certification when applicable. F. Hazardous Materials/Hazardous Materials Medical Technician (HMMT): Bids will be awarded to the senior bidder who is either department certified or has qualified by possessing as a minimum, State of Florida 160 hours Hazardous Materials certification. The successful bidder will have the bid period to obtain Department certification as Hazardous Materials Technician and HMMT when applicable. The successful bidder on any Hazardous Materials Specialty Unit (e.g. Hazmat 45) or the Hazmat Bureau will be offered the opportunity to obtain Department certification as a Hazardous Materials Specialist, in accordance with rules, regulations and protocols established and maintained by the Fire Department. In the event there is no qualified bidder, the position will remain vacant. G. CR Fire Fighter: Bids will be awarded to the senior certified/qualified bidder where applicable. If no bidder has certification/qualification, the bid will remain vacant. 20  H. Fireboat, Venom, and Marine Firefighter bids will be awarded to the senior certified bidder. In the event there is no certified bidder, the position will remain vacant. I. Technical Rescue: Bids will be awarded to the senior bidder who is either department certified or has qualified by possessing as a minimum, the following State of Florida approved technician- level certifications: Structural Collapse, Trench Rescue, Vehicle & Machinery Rescue, Rope Rescue, and Confined Space Rescue. The successful bidder will have the bid period to obtain Department certification as a Technical Rescue Technician. The successful bidder on any Technical Rescue Specialty Unit (e.g. Squad 69) or the Technical Rescue Bureau will be offered the opportunity to obtain Department certification as a Technical Rescue Specialist, in accordance with rules, regulations and protocols established and maintained by the Fire Department. In the event there is no qualified bidder, the position will remain vacant. In order to count toward bid requirements or preference, qualifications/certifications must be obtained prior to the bid announcement. Personnel will be assigned to fill vacancies on the basis of preferences, department requirements, and time-in-grade. Employees classified as Firefighter Trainees or Probationary Firefighters on the closing date of the Position Vacancy Announcement (PVA) process shall be prohibited from participating in the PVA process. The department will make every reasonable effort to minimize the transfer of personnel between shifts and duty assignments. Fire rescue personnel will be assigned on a volunteer basis when sufficient volunteers are available. 14.3 Where department requirements provide for an evaluation of applicant’s qualifications, evaluation of job performance, written test, and demonstrated abilities to perform in the position sought, qualifications will be relevant to the position bid. A written description of those qualifications will be provided to the Union, two (2) weeks prior to the bid announcement. The same criteria will be applied equally to each bidder in establishing the relative ranking. Time-in-grade will be a major consideration in making selections among those bidding. If all qualifications are equal, the most senior person will receive the award. In the event employees were hired or promoted on the same date, time-in-grade seniority for bid purposes will be determined by the employee's position on the eligibility list. 14.4 Except as provided above, if a senior person bidding is not awarded the bid, the Division Chief concerned will notify the individual prior to the bid being awarded. Upon request, employees will be counseled by the Division Chief concerned with a Union Representative present as to the reasons why and the differences in qualification five (5) days prior to the bid being awarded in writing. 14.5 The successful bidder of any bid requiring more than one certification will have the bid period to obtain all Department certifications. The employee will not be granted any new certification(s) or be considered certified until all bid required certification courses have been successfully completed. If an employee placed in a bid position subsequently fails to obtain all required certifications within the bid certification period, he/she shall lose their bid and be placed in the appropriate relief column on the currently assigned shift. The bid certification period will begin when the final bid awards are published and end with the publication of the next Position Vacancy Announcement (PVA). Where qualifications are required for a bid, the certification training will be conducted in a timely manner. Any certification class required due to an awarded bid, may be scheduled prior to the bid implementation date. The employee awarded the bid will remain in their current bid or if there is no current bid, as relief until such time as they become certified when they will then fill their new bid and receive any associated certification pay incentive. 14.6 The department may involuntarily move an employee from his/her bid position for up to four (4) shifts or parts thereof, for each year of this agreement. For purposes of filling an OIC Position, individuals on a current promotional eligibility list may be involuntarily moved an additional six (6) times. If, however, an employee is involuntarily moved without his/her consent, the department shall first seek volunteers for the voluntary move from the concerned battalion. 21 Additionally, the Department shall have the authority and discretion to involuntarily move employees up to ten (10) times for each year of this Agreement, while attempting resolution of personnel conflict issues. For conflict resolution, if after six (6) moves, it is expected that there is a need to exceed the ten (10) involuntary moves, the Department will convene a panel made up of three (3) representatives from labor (appointed by the President of the Union) and three (3) representatives from management (appointed by the Fire Chief) to review the case and make recommendations to the Fire Chief. The Fire Chief may act upon this panel’s recommendation, which may include removal of bids, so long as the recommendation comes from the majority of the panel. Any employee removed from a bid because of this panel’s recommendation shall be prohibited from bidding the same station on that shift for at least one bid cycle. A move unless otherwise specified in this agreement shall be defined as a move of an employee from his or her bid position to any position that would involve a change of incentive, a change of unit, or a change of station. 14.7 Any unilateral transfer of personnel involving a change from Operations to another assignment, or vice versa, will only be done with at least two (2) weeks prior notification to the employee involved. An employee may waive the prior notification requirement. 14.8 This Article shall not restrict the right of the Department to relocate units. If a unit is relocated no one on that unit shall lose a bid. If a unit/bid position is taken out of service, the employee shall be entitled to first right of refusal to that position if that unit/bid position is ever placed back in service or relocated back and they have maintained or can regain the certifications/qualifications for the position within 6 months. These employees shall also maintain all pay associated with the bid position for a maximum of eighteen (18) pay periods or until the employee bids another position, whichever comes first. 14.9 The County agrees that Battalions will not be realigned except to improve operational response or is necessitated by operational requirements such as when new Divisions or Battalions are created, when municipal fire services are merged with the Department, (provided the merger includes the transfer of uniformed personnel in the municipal department), or when there is an addition or reduction in the number of units. 14.10 An employee may not bid his/her previous bid position until after that bid has been advertised at least one time. 14.11 No bid may be withdrawn after the announced closing date, unless mutually agreed upon by both parties. 14.12 Daily Driver-Operator Vacancies For daily Driver-Operator vacancies, the relief position of Driver-Operator will be filled as follows: A. When the Driver Operator is on CR, the CR Fire Fighter has preference for driving as long as the Fire Fighter is certified on the apparatus. B. Filled with the senior Driver certified and bid on the apparatus in question. This shall not be counted as a move as provided for in Article 14.6. C. In the absence of (a) or (b), the position will be filled with the senior Driver certified and riding on the apparatus in question. 14.13 Inspections Bureau OIC and Fire Engineering Bureau OIC for the Fire Prevention Division shall be in accordance with the provisions under Appendix A in this Agreement. 22 14.14 Assignments to vacant Bureau/Division OIC positions in the rank of Chief Fire Officer and all positions within the Public Information Office shall be based upon the assessment of a candidate’s seniority, certifications and other job related qualifications as determined by the department. The selection process shall consist of a joint labor management committee with three (3) representatives from the bargaining unit and three (3) representatives from the department. The Committee’s recommendation shall be submitted to the Fire Chief or his/her designee for consideration and final approval. The decision of the Fire Chief or designee shall be final and binding. 14.15 Personnel who are on Temporary Restricted Duty (TRD) are eligible to bid for positions, but shall not receive any supplemental pay associated with the awarded bid until they are actually able to work in their new bid position. 14.16 The Department shall notify the Union of any proposed additions to minimum qualifications for all bid positions at least six (6) months prior to the inclusion of these requirements in a bid. The Fire Chief and Union President may mutually agree to waive this requirement in circumstances where there is a need to implement qualifications. 14.17 Special Assignments vary in duration based upon specified necessity. Minimum qualifications for a Special Assignment position, as determined by the Fire Chief, must be documented within thirteen (13) pay periods. Special Assignment positions that are in existence for more than twenty-six (26) pay periods must be placed on the next Position Vacancy Announcement. This 26 pay period requirement may be extended through mutual agreement between the Fire Chief and the Union President. Special Assignment positions will be awarded to the senior bidder meeting the documented minimum qualifications. The successful bidder will maintain the position until he/she vacates the position, or it is discontinued by the Fire Chief. ARTICLE 15 FIREFIGHTING RELIEF PERSONNEL 15.1 The County will provide sufficient firefighting relief personnel of each classification for each shift. This will be determined with an established Relief Factor. The following Relief Factors shall be: A. Chief Fire Officer – 4.2 B. Fire Captain – 4.4 C. Fire Lieutenant – 4.5 15.2 The parties agree to meet annually between July and September to review the Relief Factor. This annual review will not alter the above relief factor. ARTICLE 16 PROMOTIONAL EXAMINATIONS 16.1 The County agrees that the Fire Chief will consult with representatives of the Union as to the training and experience requirements which will be established for promotional examinations in the various Firefighter classifications. The Union shall be consulted on any additions or deletions to the current study material and there shall be no additions or deletions made to the study material following the announcement of the opening date to sign up for the promotional exam, except by mutual agreement. The County shall provide each applicant with an electronic copy of all suggested study material either via email attachment or a USB device, excluding books published by an outside publisher. All books published by an outside publisher that are being considered for the next promotional examination will be selected and advertised via ASOM upon certification of a new promotional list. 16.2 It is the intent of the County that appointments to exempt positions in the Fire-Rescue Department shall be filled from the Miami-Dade Fire-Rescue Department, whenever possible in the 23 judgment of the Fire Chief or County Mayor. If qualified applicants from within the Department are not appointed, the Fire Chief will counsel the employee concerned. 16.3 If an employee is to be passed over for promotion, the Fire Chief shall counsel the individual as to the reason prior to the list of personnel to be promoted being announced. 16.4 The time in grade eligibility requirement for promotional exams shall be measured in terms of continuous service from date of hire. An interruption for an authorized leave of absence shall not constitute a break in continuous service, but the time in a leave of absence shall not be credited as time in service. 16.5 Upon ratification, the time in grade eligibility criteria for promotional exams shall be by the test date and service in the Miami-Dade Fire Rescue Department or as specified by merger agreement: A. Lieutenant – Five (5) years continuous service from date of hire as a Firefighter except that all employees hired on or after October 1, 2004, shall be required to be a State Certified, Department Protocol Paramedic. Additionally, all employees will be required to possess the following to be eligible for promotional exams: 1. Associate Degree or higher OR State of Florida Fire Officer I certification. For promotional exams administered after September 30, 2026, State of Florida Fire Officer I certification is required and an Associate Degree or higher is no longer an acceptable equivalent. 2. State of Florida Pump Operator certification (PFL) or Department Driver/Operator certification. B. Captain - Three (3) years continuous service as a Lieutenant, and all employees will be required to possess the following to be eligible for promotional exams: 1. Associate Degree or higher OR State of Florida Fire Officer I certification and completion of Fire Officer II coursework. 2. For promotional exams administered after September 30, 2024, employees will be required to have an Associate Degree or higher OR State of Florida Fire Officer II certification or greater. 3. For promotional exams administered on or after September 30, 2026, employees will be required to have an Associate Degree or higher AND State of Florida Fire Officer II certification or greater. C. Chief Fire Officer - Two (2) years continuous service as a Captain all employees will be required to possess the following to be eligible for promotional exams: 1. Associate Degree or higher OR State of Florida Fire Officer I certification and completion of Fire Officer II coursework. 2. For promotional exams administered after September 30, 2024, employees will be required to have an Associate degree or higher OR State of Florida Fire Officer II certification or greater. 24  3. For promotional exams administered after September 30, 2025, employees will be required to have an Associate Degree or higher OR State of Florida Fire Officer III certification or greater. 4. For promotional exams administered on and after September 30, 2026, employees will be required to have an Associate degree or higher AND State of Florida Fire Officer III certification or greater. D. Fire Officer coursework and the certifications referenced in Article 16.5 are based upon the “Fire Officer Program” framework, as outlined by the Department of Financial Services, Division of the State Fire Marshal’s Bureau of Firefighter Standards and Training, dated November 25, 2015. If certification criteria for the Fire Officer Program should be revised to include additional requirements beyond what is currently required, completion of Fire Officer Program coursework, as defined in this referenced document, shall be deemed sufficient to meet the additional eligibility requirements for a period of 36 months from the publication date of revisions. 16.6 No Firefighting personnel shall be permitted to apply for a promotional examination after the announced closing date. The opening date of the promotional exam shall be at least sixty (60) days prior to the closing date. Applications for promotional exams shall be made available at operations headquarters and the Miami-Dade County Human Resources Department. Promotional examinations will be administered within twenty-one calendar days, but not less than fourteen (14) calendar days, excluding weekends and holidays, prior to the expiration date of the respective certified eligibility list. If a promotional eligible list has the potential to be exhausted prior to the expiration date, the Miami Dade Fire Rescue Department will work collaboratively with the Human Resources Department to schedule the administration of a promotional examination in order to establish a new eligible list to be effective upon the exhaustion of the current list. 16.7 The County agrees to allow Firefighting personnel candidates to participate in written promotional examinations in cases where, an otherwise eligible promotional candidate is deemed not eligible due to a less than satisfactory performance evaluation report which is pending appeal. The candidate’s promotional examination will be sealed pending the final results of the performance evaluation appeal process. The promotional candidate’s examination will only be scored if the performance evaluation appeal process results in the performance evaluation being changed to an overall rating of satisfactory or above. 16.8 Firefighting personnel promotions will be made within two (2) pay periods after the vacancy occurs (if a current eligible list is in effect). This method will not be used to request overages. If a freeze in hiring and/or promotions is imposed by the County Mayor, Local 1403 retains the right to intercede with the County Commission if the Fire-Rescue Department has been unable to make promotions within the agreed two (2) pay periods. If a current eligibility list has been exhausted, promotions will be made effective on the day the new list is certified. 16.9 The effective time of certification for a promotional eligibility list is at 0001 the day the list is certified, regardless of actual time. 16.10 The parties agree that for the duration of this Agreement promotional eligibility lists shall not exceed one (1) year from the date of certification by the County Human Resources Department unless otherwise agreed. 16.11 A classified position becomes a vacancy at 0700 the day after separation by the incumbent from County service. This vacancy occurs only if there are no overages in the classification. Separation shall be described as the day “T” shows or should show on the PAR. 25 16.12 New relief positions for the fiscal year are considered vacancies effective 0700 of the first pay period of the new fiscal year.