Union Contract 2022-2025.pdf

2022-2025 UNION CONTRACT COLLECTIVE BARGAINING AGREEMENT between The Bonita Springs Fire Control and Rescue District and The Bonita Springs Professional Firefighters Local 3444, Inc. International Association of Firefighters Effective October 1, 2022 through September 30, 2025 Contents Contents...

2022-2025 UNION CONTRACT COLLECTIVE BARGAINING AGREEMENT between The Bonita Springs Fire Control and Rescue District and The Bonita Springs Professional Firefighters Local 3444, Inc. International Association of Firefighters Effective October 1, 2022 through September 30, 2025 Contents Contents 1 Article 1 - Preamble 4 Article 2 - Recognition & Bargaining Unit 5 Article 3 - Dues Deduction 6 Article 4- Non-Discrimination 7 Article 5 - Management Rights 8 Article 6 - Union Rights 9 Article 7 - Union Business 10 Article 8 - Grievance Procedure 11 Article 9 - Seniority And Probation 16 Article 10 - Hours Of Duty 19 Article 11 - Overtime Pay 20 Article 12 - Shift Exchange 22 Article 13 - Personal Leave 23 Article 14 - Funeral Leave 27 Article 15 - Jury Duty 28 Article 16 - Bulletin Board 29 Article 17 - Use Of Nicotine Products 30 Article 18 - Wages 31 Article 19 - Career Step Program 32 Article 20 - Outside Employment 38 Article 21 - Strikes 39 Article 22 - Labor / Management Committee 40 Article 23 - Union Time Pool 42 Article 24 - Savings Clause 44 2022 - 2025 1 Article 25 - Personal Appearance 45 Article 26 - Rules And Regulations 47 Article 27 - Longevity Pay 48 Article 28 - Clothing 50 Article 29 - Food Pickup 55 Article 30 - Pay Schedule 56 Article 31 - Pension 57 Article 32 - Successors 58 Article 33 - Minimum Staffing 59 Article 34 - Visitations 60 Article 35 - Insurance Benefits 61 Article 36 - Holidays 62 Article 37 - Education & Training 63 Article 38 - Station Facilities 68 Article 39 - Lieutenant Promotion 69 Article 40 - Work Schedule 71 Article 41 - Phone Calls 73 Article 42 - Physicals 74 Article 43 - Soda Machines 75 Article 44 - Pre-Disciplinary Conference 76 Article 45 - Parental Leave 77 Article 46 - Duration Of Agreement 78 Addendum 1 - Grievance Form 80 Addendum 2 - Grievance Tracking Form 81 Addendum 3 - Non-Use of Tobacco Products Accord 83 Addendum 4 - Payscales 84 Addendum 5 - Outside Employment Notification 85 Addendum 6 - NFPA Medical Examination 86 Addendum 7 - Job Description 89 2022 - 2025 2 This page is intentionally left blank. 2022 - 2025 3 Article 1 - Preamble 1.1 This collective bargaining agreement hereinafter referred to as the “Agreement” is made and entered into by the Bonita Springs Fire Control and Rescue District, herein referred to as the “District,” and the Bonita Springs Professional Firefighters, Local #3444, Inc., International Association of Fire Fighters, herein referred to as the "Union.” 1.2 It is the purpose of the Agreement to increase general efficiency in the District, to maintain the existing harmonious relationship between the District and its employees, and to promote the morale, rights, and well-being of the District’s employees in order that more efficient and progressive public service may be rendered. It is further the purpose of this Agreement to foster safety in the workplace and to provide an orderly and peaceful means of resolving differences that arise concerning the interpretation or application of this Agreement. 2022 - 2025 4 Article 2 - Recognition & Bargaining Unit 2.1 Pursuant to, and in accordance with, all applicable provisions of Article 1, Section 6, of the Florida Constitution of 1968 and the guidelines set forth in Chapter 447 Laws of Florida, the District recognizes the Union as the exclusive bargaining unit with respect to rates of pay, wages, hours, and terms and conditions of employment. 2.2 For the purpose of this Agreement and the provisions herein contained, the bargaining unit shall consist of those employees certified by: ● The State of Florida Public Employee Relations Commission (PERC) Certification #951, MS-92-003, dated August 25, 1992 ● PERC Certification #952, UC-99-023, dated November 10, 1999 ● UC-2007-010 and UC-2007-011, dated June 25, 2007 ● EL-2009-022 (Relates to RC-2009-008), dated July 14, 2009 2022 - 2025 5 Article 3 - Dues Deduction 3.1 Employees covered by this Agreement may authorize payroll deductions for paying Union dues. No authorization shall be allowed for payment of initiation fees, assessments, or fines. 3.2 The Union will initially notify the District as to the amount of dues; such notification will be certified to the District, in writing, over the signature of an authorized officer of the Union. Changes in the Union membership dues will be similarly certified to the District and shall be done at least one month in advance of the effective date of such change. 3.3 Dues shall be deducted on each pay period , and the funds deducted shall be remitted to the treasurer of the Union within three days of the pay period. The District will deduct a sum of $.30 per member, per month from the dues collected to offset costs incurred in providing this service. The Union will indemnify, defend, and hold the District harmless against any claims made, and against any suits instituted against the District on account of payroll deduction of Union dues. 3.4 Payroll deductions shall be reversible by the employee upon notification to the District and the Union in writing. The Union shall be notified of any revocation. 3.5 The dues deducted in one month shall apply to the following month’s dues. 2022 - 2025 6 Article 4- Non-Discrimination 4.1 District employees shall have the right to join the Union. There shall be no discrimination or intimidation against any employee because of the employee’s membership or lack of membership in the Union, or because of their holding office or not holding office in the Union. 4.2 Provisions of this Agreement shall be applied to all employees without discrimination due to race, creed, color, age, sex, religion, or national/natural origin. 2022 - 2025 7 Article 5 - Management Rights 5.1 Except as specifically abridged or modified by a provision of this Agreement, the District will continue to have, whether exercised or not, all of the rights, powers, and authority heretofore existing, including but not limited to the following: ● Determining the standards of service to be offered by the District ● Determining the standards of selection for employment; hire, transfer, promotion, and demotion ● Directing its employees ● Taking disciplinary action up to and including termination ● Relieving its employees from duty because of lack of work or for other legitimate reasons ● Issuing rules and regulations ● Contracting and subcontracting all existing and future work or services excluding firefighting related duties ● Determining the methods, means, and future work or services ● Determining the methods, means, and personnel by which the District’s operations are to be conducted ● Establishing, revising, or discontinuing policies, programs, and procedures to meet changing conditions and to better serve the needs of the public ● Determining the content of job classifications ● Exercising complete control and discretion over its organization and the technology used to perform its work ● Fulfilling all of its legal responsibilities and prerogatives that are inherent in the Fire Board and Fire Chief which cannot be subject to any grievance or arbitration proceeding except as specifically described in this Agreement 5.2 If work rules and regulations are not uniformly applied, the Union may file a grievance in accordance with the grievance procedure contained in this Agreement. 2022 - 2025 8 Article 6 - Union Rights 6.1 District employees, with freedom from restraint, coercion, discrimination, or reprisal, shall have the right to: ● Join the Union or not to join the Union. ● Engage in lawful concerted activities for the purpose of collective bargaining negotiations, or mutual aid for the protection ● Communicate with management regarding any view, grievance, complaint, or opinion related to the conditions of compensation and terms of employment of public employees or their betterment. 6.2 Nothing shall abridge the right of any duly authorized representative of the Union to present views of the Union to the public on issues that affect the welfare of its members, as long as it is clearly presented as the view of the Union and not necessarily the District. 2022 - 2025 9 Article 7 - Union Business 7.1 With the approval of the Fire Chief or designee, members of the Union may be granted time without pay to perform Union functions. 7.2 The number of Union members permitted to perform Union functions shall be contingent on the adequacy of District staffing as determined by the Fire Chief or designee. 7.3 The Fire Chief or designee will arrange for on-duty employees to attend meetings called by the Fire Chief. 7.4 Four members of the Union shall be allowed time off for collective bargaining meetings which are mutually set by the District and the Union. 7.5 With the approval of the Fire Chief or designee, the Union shall be permitted to use a meeting room to conduct monthly or special Union meetings. 2022 - 2025 10 Article 8 - Grievance Procedure 8.1 In a mutual effort to provide harmonious working relations between the parties to this Agreement, the District and the Union agree that there shall be a procedure for the resolution of grievances arising from the application or interpretation of this Agreement. Disciplinary action taken against an employee or class of employees shall be for just cause and shall be subject to the Grievance Procedure. 8.2 Grievances shall be processed in accordance with the following procedure: Within five working days of the event giving rise to a grievance, or within five working days of the date the Grievant, using reasonable diligence should have known of the event giving rise to the grievance, the Grievant shall submit their grievance in writing on a Grievance Form (accompanying this Agreement as Addendum 1) to the appropriate Officer in the Grievant’s chain-of-command, i.e., the Battalion Chief to which they are presently assigned, the Division Chief/Training or the Assistant Fire Marshal In addition, the Grievant shall initiate a Grievance Tracking Form (accompanying this Agreement as Addendum 2) and present the form to the appropriate Officer at the same time as the written grievance is presented. Step 1 The appropriate Officer shall consider the grievance, and answer the grievance in writing no later than five working days after the Officer’s receipt of the grievance. At the same time, the Officer and the Grievant shall complete the appropriate items on the Grievance Tracking Form pertaining to the Step 1 process. Union Grievance Committee If the grievance is not resolved at Step 1, the Grievant, within five working days of the receipt of the Officer’s answer at Step 1, shall submit the grievance in writing (on the form accompanying this Agreement as Addendum1) to the Union’s Grievance Committee. The Grievance Committee shall consider the grievance, and respond to the Grievant no later than five working days after its receipt of the grievance. 2022 - 2025 11 If the Grievance Committee determines that a grievance exists, the Union, within 10 working days of the Grievance Committee’s receipt of the grievance, shall submit the grievance in writing (on the form accompanying this Agreement as Addendum 1) to the appropriate Chief Officer in the Grievant’s chain-of-command, for example; the Deputy Chief responsible for the shift to which the Grievant is presently assigned, the Assistant Chief or the Fire Marshal. In addition, the Union shall complete the appropriate items on the Grievance Tracking Form and present the form to the Chief Officer at the same time as the written grievance is presented. Step 2 The Chief Officer shall consider the grievance, and answer the grievance in writing no later than five working days after the Chief Officer’s receipt of the grievance. At the same time, the Chief Officer and the Union shall complete the appropriate items on the Grievance Tracking Form pertaining to the Step 2 process. If the grievance is not resolved at Step 2, the Union, within five working days of the receipt of the Chief Officer’s answer at Step 2, shall submit the grievance in writing (on the form accompanying this Agreement as Addendum 1)) to the Fire Chief. In addition, the Union shall complete the appropriate items on the Grievance Tracking Form and present the form to the Fire Chief at the same time as the written grievance is presented. Step 3 2022 - 2025 The Fire Chief (or their designee) shall consider the grievance, and answer the grievance in writing no later than five working days after the Fire Chief’s receipt of the grievance. At the same time, the Fire Chief (or their designee) and the Union shall complete the appropriate items on the Grievance Tracking Form pertaining to the Step 3 process. 12 If the grievance is not resolved at Step 3, the Union shall give notice of intent to arbitrate within five working days of the receipt of the Fire Chief’s answer at Step 3. The notice of intent shall be served upon the Fire Chief and concurrently filed with the Federal Mediation and Conciliation Service (FMCS) for a panel of seven qualified arbitrators. In the event of a claim that a grievance is non-arbitrable, the arbitrator will rule on that issue prior to the merits of the grievance. An arbitrator shall be selected from the list of arbitrators submitted by the FMCS by the alternate striking of names (the petitioner for arbitration striking the first name) until one name remains. However, in the event, either the District or the Union, before any striking of names occurs, feels that the list submitted by the FMCS is unsatisfactory, said party shall have the right to request one additional list of arbitrators from the FMCS. If either the District or the Union finds the service of FMCS unsatisfactory, upon notice to the other party, the services of the American Arbitration Association shall be utilized in subsequent disputes. The arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement, but shall determine only whether or not there has been a violation of the Agreement in the respect alleged in the grievance. The Management Rights listed in Article 5 of this Agreement and the prohibition of strikes contained in Article 21 of this Agreement are specifically excluded from arbitration under the provisions of this Article. Step 4 Arbitration The decision of the arbitrator shall be based solely upon the evidence and arguments presented to the arbitrator. The Arbitrator shall render a decision no later than 30 calendar days after the conclusion of the final hearing. Copies of the findings of the arbitrator made in accordance with the jurisdictional authority under the Agreement shall be final and binding upon both the District and the Union. The arbitrator's decision shall be in writing and shall set forth the arbitrator's opinions and conclusions on the issues submitted. This Agreement constitutes a contract between the parties, which shall be interpreted and applied by the parties and the arbitrator in the same manner as any other contract under the Laws of the State of Florida. The function and purpose of the arbitrator is to determine disputed interpretations of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depends. The arbitrator, therefore, shall not have the authority, nor shall the arbitrator consider it an arbitrator’s function, to include the decision of any issue not submitted or to interpret or 2022 - 2025 13 Step 4 Arbitration apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The arbitrator shall not give any decisions which, in practical or actual effect, modifies, revises, detracts from, or adds to any of the terms or provisions of the Agreement. The arbitrator shall not render any decision or award or fail to render any decision or award, as fair or equitable or because, in the arbitrator’s opinion, it is unfair or inequitable. The costs for the services of the arbitrator shall be borne by the losing party. Either party to this Agreement desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. The Union will be required to represent only employees who are members of the Union but retains the option to represent non-members. 8.3 The following provisions shall apply throughout this Article: 8.3a Employees may process a grievance either through the Grievance Procedure provided in District Policy 2.7 or through the Grievance Procedure provided in Article 8 of this Agreement. Once a grievance is filed under a certain procedure, the employee is bound by that procedure and has no right to switch. 8.3b A probationary employee (see Section 9.5 of this Agreement) shall have the right to process a grievance through Step 2 of the Grievance Procedure contained in this Article, with the exception of wages and benefit disputes which may be taken to final Arbitration. 8.3c The time limits contained in this Article may be lengthened or shortened by mutual agreement of both the District and the Union. A grievance not processed within the time limits provided in this Article shall be deemed permanently withdrawn and settled on the last action taken by the District. A grievance not answered within the time limits provided in this Article shall be deemed to have been answered in the negative, thereby entitling the grievance to be processed to the next step of the Grievance Procedure. 8.3d Any grievance reduced to writing shall contain the following information, which shall be included on the prescribed Grievance Form (see Addendum 1) an explanation of the grievance and a complete statement of the facts on which it is based; the section(s) of the Agreement allegedly violated; and the remedy being sought. 8.3e Should a representative of the District believe that they lack the authority to resolve a grievance that they have received, that representative shall provide the grievant and the Union with a written answer indicating the lack of authority. 2022 - 2025 14 8.3f Upon mutual agreement of both the District and the Union, expedited arbitration may be requested of the FMCS, the American Arbitration Association, or any individual selected by the District and the Union, whichever is applicable. 8.3g Nothing in this Article shall be in contradiction with the provisions of the Fire Fighters’ Bill of Rights (Florida Statutes Chapter 112.80-112.84). 2022 - 2025 15 Article 9 - Seniority And Probation 9.1 Each employee will have Department Seniority equal to the employee’s total length of service with the District, dating back from the first date of continuous employment with the District. Departmental Seniority shall be used in all determinations of scheduled leave preferences. 9.2 Each employee will have Classification Seniority in the classification equal to the employee’s total length of service with the District, dating back from the first date of continuous employment in that classification with the District. 9.3 Accrual of personal leave time, or any other benefit based upon length of service, shall be determined by those provisions negotiated in this Agreement. 9.4 In the case of more than one firefighter being hired on the same date, the ranking by the Training Division after completion of the Orientation Class will be used to establish seniority. 9.5 Newly hired employees shall be considered on probation for a period of one year from the date of hire. 9.5a Promoted employees shall be considered on probation for a period of six months. 9.5b During the probationary period, the Fire Chief’s, sole discretion, will have the right to retain the employee in the designated class or demote the employee to the classification previously held. 9.6 Seniority rights of an employee shall terminate with a: ● Voluntary termination ● Retirement ● Termination for just cause ● Layoff exceeding 24 months ● Failure to return from an authorized leave of absence within three calendar days (however, nothing contained herein restricts lesser disciplinary actions) ● Failure to report for work within 14 calendar days of the date of receipt of a recall letter ● Failure to notify the District of the intent to return to work within five calendar days of the date of receipt of a recall letter. 2022 - 2025 16 9.7 Due to changes in programs, lack of funds, decrease in work, or for any other legitimate reason making it necessary for the District to reduce the workforce, a standard reduction in force procedure, based on seniority in the department, will be followed to carry out the layoff in a fair and orderly way. 9.8 The employee’s termination, based on seniority, is to be considered as a result of the reduction in force and not discipline, and in no way shall affect the employee’s COBRA, unemployment compensation, and other statutory rights and benefits. 9.9 In the event of a reduction in force, the following procedure shall be adhered to: 9.9a In the event a reduction in force is deemed necessary, the Fire Chief shall have the latitude to lay off employees by seniority in each classification as necessary to provide efficient services to the District. 9.9b Employees in each classification will be rank-ordered according to classification seniority with the least senior employee listed first and the Fire Chief will select the number of employees to be laid off in each classification. 9.9c Newly hired probationary employees shall be laid off first and promotional probationary employees will be returned to their former classification if necessary. 9.9d Higher-ranking employees selected to be laid off may be entitled to bump an employee in a lower classification if the higher-ranking employee has: 1. more departmental seniority than the employee to be bumped. 2. is qualified for the position. 3. is capable of performing the duties of the lower classification. 9.10 In the event of a recall of force, the following procedure shall be adhered to: 9.10a The Fire Chief shall have the latitude to recall employees by seniority in any classification as necessary to provide efficient services to the District. 9.10b Employees who are recalled must be currently certified to perform the duties of the job classification, as specified in the classification’s description, to which they have been recalled. 9.10c Employees who are recalled must be physically qualified to perform the duties of the job, as specified in the classification’s description, to which they have been recalled. A physical exam shall be required by the District. 2022 - 2025 17 9.10d Employees who are recalled who are temporarily unable to accept the offer of employment due to medical reasons, as certified by a physician, may request an extension of their recall not to exceed 30 days. 9.10e Employees separated from employment shall be granted the right of first refusal at their pay grade, or for other vacant positions in their same pay grade or of a lesser pay grade, provided they are qualified for the position. Right of first refusal shall be effective as of the date of layoff or reduction in grade. No new employees shall be hired until all laid-off employees have had an opportunity to report to work in accordance with the loss of seniority in this Article. 9.10f After 12 months from the date of layoff or reduction in grade, the above mentioned re-employment right shall cease and those employees laid off will no longer have the right of first refusal; those rights will be extended an additional six months upon written request from the employee. 9.10g Recall will be made by certified mail to the last address in the District’s records. Within 14 calendar days of the certified receipt date, laid-off employees must signify their intention of returning to work. 2022 - 2025 18 Article 10 - Hours Of Duty 10.1 For the purposes of this Agreement, a working day shall be from 0800 to 1700, Monday through Friday, excluding holidays recognized by this Agreement and employees assigned to a 4 day work week. 10.2 56-hour employees shall work a three platoon, 24-hour shift. 56-hour employees shall commence work at 0700 hours and continue through to 0700 hours the following day. 10.3 All 40-hour personnel shall have the choice of an eight-hour, five-day, 40-hour workweek or a ten-hour, four-day 40-hour workweek. Employees will be eligible to select either work schedule by the 1st day of every 3rd month starting October 1, 2022, with approval from the employee’s supervisor and Fire Chief. Work periods, other than customary work periods (0700-1800) shall be scheduled to meet service demands as determined by the Fire Chief with prior notice. 40-hour employees shall be afforded an unpaid lunch period of one hour per workday as scheduled by the Fire Chief or designee. Five Day Schedule 40-hour employees shall work a weekly schedule from 0800 hours until 1700 hours from Monday through Friday. Employees working any hours other than 0800 hours until 1700 hours from Monday through Friday shall receive prior approval from their supervisor. Four Day Schedule 40-hour employees shall work a weekly schedule from 0700 hours until 1800 hours for days between Monday thru Friday with selection of four workdays. Selection of work days in each job classification shall be determined by seniority in each classification. 2022 - 2025 19 Article 11 - Overtime Pay 11.1 The work period will consist of 14 days; the pay period will consist of the same 14 days. The actual scheduled hours during the 14 day period will either be 96 or 120. The actual scheduled hours during the 14 day period will be averaged to equal 112 hours. 11.2 Employees required to work beyond their scheduled work day shall be compensated for the actual time worked, rounded forward to the nearest half hour. 11.3 Overtime shall be paid at the rate of 1.5 times an employee’s FLSA hourly rate for all hours worked which exceed an average of 106 hours in a 14 day period. 56 hour employees who accept overtime because of an emergency shall be paid the actual time worked, but not less than four hours of pay. Employee’s mandated to remain on duty to fulfill an assignment shall receive hour for hour at double time while on assignment. Suppression scheduled leave (SL) hours shall be considered time worked when calculating Fair Labor Standards Act (FLSA) overtime. 11.3a Mandated hour for hour (double time) does not include education, training, late calls, holdovers and any special details. 11.3b Overtime shall be paid at the rate of 1.5 times an employee’s regular hourly rate for all hours worked over 40 hours in the seven day work cycle of Monday through Sunday. Compensatory time at the rate of 1.5 times may be given in lieu of overtime pay upon the mutual agreement of an employee and the District. 40 hour employees recalled to duty because of an emergency shall be paid the actual time worked, but not less than two hours of pay. 11.4 Employees attending mandatory schools shall be paid for such time. 11.4a Leave time scheduled for attendance at classes in accordance with Article 37 of this Agreement will count as hours worked. 11.5 Employees who are required to attend mandatory staff meetings will be compensated for the actual time in attendance. 11.6 In cases of extreme or pending emergency, such as a hurricane, flood, riot, or other similar situations, the Fire Chief may waive the established call-in procedures. 2022 - 2025 20 11.7 In the case of a declared emergency (County, State, or Federal), employees shall be compensated from the time they receive the initial call to report for duty until their return. 11.8 When emergency leave is granted while on duty, the Fire Chief or designee may delegate temporary coverage for a period of 12 hours total or operate at reduced manning strength during the balance of that shift. 11.9 A call-in list shall be established by using the seniority list. Employees will be notified via phone call or text message, and then have 15 minutes to respond. Once an employee has been offered overtime, whether or not they accept, hours shall be added to the overtime list. Mandatory overtime shall be filled by the least senior, on-duty employee qualified to fill that position. Mandatory overtime hours worked will not be added to the overtime call list. 11.10 If the overtime is considered “emergency” - short notice or last minute, the call-in list is waived and employees shall be called at the discretion of the Battalion Chief. Emergency overtime shall be defined as after 2100 the shift prior or less than ten hours notice. Employees will not move on the call-in list if they decline the emergency overtime. Once an employee has worked the emergency overtime for 12 hours or more, that employee's name shall be moved to the bottom of the list. 2022 - 2025 21 Article 12 - Shift Exchange 12.1 Employees shall have the privilege to exchange or “swap” shifts when the exchange “does not interfere with the operation of the District” and is approved by the Fire Chief or designee before the exchange takes place. 12.1a “Does not interfere with the operation of the District” is to be defined as: • When the swap does not result in an employee working more than two consecutive 24 hour shifts. • When the swap does not result in the employee missing a mandatory training class unless the swap had been approved prior to the scheduling of the mandatory class. 12.2 Probationary employees may be permitted to swap shifts when the exchange does not interfere with the operation of the District and is approved by the Fire Chief or designee. This privilege may be revoked at the discretion of the Fire Chief or designee. 12.3 Both employees requesting a swap shall complete an Aladtec swap requestwhich must be submitted to and approved or disapproved by the Battalion Chief of the shift upon which the time swap will occur, no later than 12 hours prior to the day the shift swap is requested. 12.4 Emergency swap requests requested less than 12 hours in advance will need verbal approval from the on duty Battalion Chief. 12.5 The employee who is swapping in for the employee who is normally on duty shall be held responsible to report for duty. 12.6 Swaps will be permitted on a rank by rank basis. It is strongly recommended to find another employee with equal qualifications. 12.7 After the exchange has occurred, the form shall be documented and saved by following the leave process. 12.8 Employees shall not receive any monetary gain from a swap, except when using the Union Time Pool provided in Article 23 of this Agreement. 2022 - 2025 22 Article 13 - Personal Leave 13.1 Personal Leave will provide each employee with discretionary time off for any personal needs, including: illness, injury, or vacation, without any obligation to provide a doctor's excuse or to remain at home. 13.2 Shift employees shall accrue personal leave based on years of continuous service as follows: First Year 16 hours per month 2 through 5 years 26 hours per month 6 through 10 years 32 hours per month 11 through 15 years 38 hours per month 16 through 24 years 44 hours per month 25 or more years 46 hours per month 40 hour employees shall accrue personal leave based on years of continuous service as follows: 2022 - 2025 First Year 10.00 hours per month 2 through 5 years 17.14 hours per month 6 through 10 years 21.42 hours per month 11 through 15 years 25.71 hours per month 16 through 24 years 30 hours per month 25 or more years 31.35 hours per month 23 13.3 Once an employee has reached the maximum accrual, no further accrual shall be permissible until that employee has reduced their maximum hours below the allowable limits. ● 56 hour employees shall not accrue personal leave in excess of the stated maximum of 500 hours maximum. ● 40 hour employees shall not accrue personal leave in excess of the stated maximum of 336 hours maximum. 13.4 Scheduled Leave (SL) is defined as personal leave that is requested and approved at least 12 hours in advance for 56-hour employees. 40-hour employees shall submit requests by 1700 hours the day prior. . ● ● ● ● ● ● Scheduled Personal Leave must be taken for a minimum of 12 hours for 56 hour employees, four hours for Battalion Chiefs/Supervisory employees and two hours for 40 hour employees, except in cases of approved education classes, doctor’s appointments, or other extraordinary circumstances as approved by the Chief or their designee(s). No more than five 56 hour employees per shift may use Scheduled Personal Leave at the same time, unless otherwise allowed by the Battalion Chief. No more than one Battalion Chief/Supervisory employee per shift may use Scheduled Personal Leave at the same time. Supervisory SL will not count towards the total 56 hour/suppression employees that are to be allowed off per day. SL will be counted as hours worked for the purposes of FLSA overtime computation. Requests not submitted within the appropriate time limit may be granted if the Fire Chief or designee allows the request due to extraordinary circumstances. Prior approved SL will not be affected as a result of shift or classification changes. ● 13.4a Scheduled Personal Leave “Vacation” scheduling: ● In order for seniority to apply employees will schedule vacations between October 1st and November 30th for the following calendar year. ● Selections shall be turned in to the employee’s immediate supervisor by December 1st of each year. ● Seniority for selecting scheduled vacations shall be based upon the employee’s date of hire and their current duty assignment. ● All personnel with 15 years of service will be eligible to select four duty days of SL. ● Senior-most personnel will have first choice of four days, followed by all others with 15 years of service. ● Once all personnel with 15 years of service have selected their four days of SL, the regular schedule leave selection process will be followed. 13.5 Unscheduled Leave (UL) is defined as personal leave that is not requested and approved in advance. ● UL is strongly recommended to be used only in case of illness or injury to the employee or that of the employee’s immediate family which prohibits the employee from reporting to duty as scheduled. ● UL will not be counted as hours worked for the purposes of FLSA overtime computation. ● All employees wishing to use UL must call in at least one hour prior to the start of their scheduled duty shift to advise that they will not be coming to work. ● Failure to call in at least one hour prior to the start of shift shall be considered Leave Without Pay (LWOP) and result in forfeiture of pay for the entire shift. 2022 - 2025 24 Suppression employees shall make such notification to the on duty Battalion Chief or designee. Supervisory employees shall make such notifications to the on duty Battalion Chief or designee. 40 hour employees shall make such notifications to the general mailbox and to their supervisor. 13.6 Unscheduled Leave (UL) shall be categorized as “Excused” or “Unexcused” as defined below. 13.6a Excused Unscheduled Leave (ULE) is defined as either: ● Unforeseen leave which can be documented from a licensed medical practitioner. Documentation must be presented to the Chief, or designee, indicating that the employee or employee’s immediate family was treated for an illness or injury within 48 hours of the duty day in question. ● Unforeseen special circumstances that have the approval of the Chief, or designee. Special note on unscheduled leave: Employees who wish to use unscheduled leave and go home while on duty for their own illness shall remain off on unscheduled leave for the remainder of that duty shift unless approved to return to duty by a licensed medical practitioner. 13.6b Unexcused Unscheduled Leave (ULU) is defined as any unscheduled leave that is not excused. 13.6c All UL shall be considered “Unexcused” (ULU) unless otherwise approved as “Excused” (ULE) by the Chief or designee. 13.7 The penalties for employees who accrue excessive ULU, whether on regular duty or a swap is as follows: ● ● ● ● ● ● ● ● 56 hour employees will be allowed three ULU uses per contract year without penalty. Excess of three ULU uses per Contract Year will result in the loss of the next 12 hours of holiday pay per use. All 56 hour employees, who continue to use ULU after exceeding the three uses allowed in that contract year, shall continue to forfeit 12 hours of pay for each additional ULU used and will be subject to appropriate disciplinary action after exceeding the five ULU uses. Use of ULU on a Holiday will result in the loss of the current and the next Holiday pay of 12 hours (24 hours total) of holiday pay per use. If an employee has to be held over for duty as a result of another employee calling off on ULU on a District recognized Holiday, that employee shall receive the forfeited Holiday pay of the offending employee. 40 hour employees will be allowed six ULU uses per contract year without penalty. Excess of six ULU uses per contract year will result in the loss of the next eight hours of holiday pay or eight hours of personal leave per use. All 40 hour employees, who continue to use ULU after exceeding the six uses allowed in that contract year, shall continue to forfeit 8 hours of pay for each additional ULU used and will be subject to appropriate disciplinary action after exceeding the eight ULU uses. 2022 - 2025 25 13.8 If a permanent 56 hour employee is tardy when reporting for duty due to an unexcused absence and an off going employee of equal skill and ability, who is considered acceptable by the Fire Chief or designee, is unwilling to voluntarily cover for the tardy employee by shift exchange the following disciplinary actions shall apply to the tardy employee when the offense occur within a 12 month period: ● First offense- Oral reprimand ● Second offense- Written reprimand ● Third offense- Suspension ● Fourth offense- Termination 13.9 In addition to the discipline outlined in Article 13.8, if a probationary employee is tardy when reporting for duty due to an unexcused absence, the employee may be subject to disciplinary action up to and including termination at the discretion of the Fire Chief or designee. 2022 - 2025 26 Article 14 - Funeral Leave 14.1 Leave with pay shall be granted to employees of the District in the event of a death in the immediate family. 14.2 “Immediate family” shall be defined as spouse, children (born or unborn), mother, father, sister, brother, grandchildren, or grandparents of the employee and those of the employee’s spouse. 14.3 56 hour employees shall be granted three 24 hour shifts per death. 40 hour employees shall be granted seven working days per death. 14.4 Additional time or special circumstance requests may be granted at the discretion of the Fire Chief. 14.5 Upon returning from funeral leave, the employee shall submit a Request for Leave Form. 14.6 Funeral leave will count as hours worked for FLSA calculations. 14.7 In the event of the death of an Aunt or Uncle of the employee or their spouse, employees may use their own Personal Leave time concurrent with the amounts allowed in 14.3. This time will be considered as Scheduled Leave even if it exceeds the amount of personnel normally allowed off in Article 13.4, and will count as hours worked for FLSA calculations. 2022 - 2025 27 Article 15 - Jury Duty 15.1 Employees who are chosen for jury duty shall be paid their regular salary for those hours that are scheduled and shall be entitled to keep the amount of money received for serving on jury duty. 15.2 Employees receiving a summons for jury duty must notify their supervisor in writing as soon as possible after receiving such notice. An employee failing to make such notification will not be paid for the period of absence. A Request for Leave Form must be completed by the employee and approved by the Fire Chief or designee prior to payment for such time off. 15.3 An employee who is excused from jury duty during scheduled working hours must report to work for the remainder of the scheduled work day or week. 15.4 The Fire Chief may grant civil leave with pay for circumstances other than jury duty, such as an employee being subpoenaed to appear in court during scheduled work hours to testify or to give a deposition in litigation for non-job related issues. 15.5 An employee who is subpoenaed as a witness as a result of their work for the District shall receive their hourly rate for the hours that they attend court or gives a deposition, provided that the employee remits to their supervisor any subpoena and witness fees received from the court, and an Overtime Request Form. 15.5a Hours paid under this section shall be considered hours worked for the purpose of overtime calculation. 2022 - 2025 28 Article 16 - Bulletin Board 16.1 The District agrees to provide wall space in the day room at each fire station for the Union's bulletin board to inform its members of Union business. 16.2 The Fire Chief shall have the authority to remove any material they determine to be offensive and will notify an E-Board Member of the Union. 2022 - 2025 29 Article 17 - Use Of Nicotine Products 17.1 Employees are bound by the provisions of the Non-Use of Tobacco Products Accord (accompanying this agreement as Addendum 3), which specifies that employees are prohibited from using nicotine products, including but not limited to smoking, vaping, and tobacco products on duty or off duty. 2022 - 2025 30 Article 18 - Wages 18.1 The Collective Bargaining Agreement for all employees shall be effective for a period of three years, from 2022-2025, with the following increases: ● July 2022: 5% COLA increase on the first full pay period ● October 2022: 5% COLA increase on the first pay period ● October 2023: CPI COLA increase on the first pay period ● October 2024: CPI COLA increase on the first pay period 18.1a At the start of Contract Year 2 and Contract Year 3, the Hourly Wage Rates in Appendix 4 will be subject to an increase equal to the percentage increase, in the Consumer Price Index (CPI) for all urban wage earners & clerical workers (CPI-W) as published April prior to the anniversary date for the preceding 12 month period by the U.S. Department of Labor, Bureau of Labor Statistics, Washington D.C. 20212. In the event the CPI reflects a negative adjustment, the hourly rates for the period will remain flat. 18.2 Any employee who becomes uninsurable by the District’s liability coverage for drivers of District apparatus will have their pay reduced by 10%. 18.3 Any suppression employee hired after 2012 who has their driving privileges revoked by the District or who must be recertified to drive by the District, will have their pay reduced by 5% until privileges are reinstated. 18.4 Any employee assigned as an Acting Battalion Chief shall receive the hourly rate for Battalion Chief I for each hour actually worked as an Acting Battalion Chief. 2022 - 2025 31 Article 19 - Career Step Program 19.1 It shall be understood that it is the employee’s responsibility: ● To initiate the career step advancement process by completing the documents listed in 19.3 below and informing their immediate supervisor that they have met all of the requirements necessary to advance from one career step to the next. Documents shall not be submitted prior to two months before the next step is due. ● To complete all of the necessary requirements as prescribed by this agreement prior to progressing from one career step to the next. 19.2 In addition to the specific requirements for each classification, the following documents must be completed prior to progressing from one career step to the next: ● The performance standards as outlined in the NFPA Chapter applicable to their step and classification must be met. The NFPA Checklist used to complete this objective must be obtained by the employee from their immediate supervisor. ● Copies of the certifications required for the next career step and the completed NFPA Checklist must be submitted to the employee’s immediate supervisor. ● A completed Career Step Form must be completed by the employee and signed by their supervisor. 19.3 Career step advancement dates are based on the latest completion date of the educational requirements, time in grade, and applicable NFPA performance standards required for that grade. 19.4 Following an employee’s submission of the documentation necessary to evidence their attainment of the requirements of the next step, career step advancement dates will be effective as of the beginning of the bi-weekly payroll period. 19.5 There shall be no retroactive pay for any delayed career step pay increase unless it is determined that the delay has not been caused by the employee. 19.6 Performance evaluations are not considered a requirement for career step advancement and do not necessarily coincide with career step advancement dates. 19.7 2022 - 2025 32 An employee in the Firefighter classification may advance from one step to the next higher step in their classification by meeting the following requirements: Firefighter I hired before 2012: Must be a State of Florida Minimum Standards Certified Firefighter; have fulfilled the entrance requirements of Chapter 2 of NFPA 1001, but not necessarily completed the objectives of Firefighter I. Must acquire Basic Life Support (BLS) privileges. Firefighter I hired after 2012: Must be a State of Florida Minimum Standards Certified Firefighter, State Certified Emergency Medical Technician or Paramedic; have fulfilled the entrance requirements of Chapter 2 of NFPA 1001. Must acquire Basic Life Support (BLS) privileges. Firefighter II hired before 2012: Must have been a Firefighter I for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 3 of NFPA 1001. Firefighter II hired after 2012: Must have been a Firefighter I for a minimum of one year; Must have completed ICS 100, 200, 700, and 800. Firefighter III hired before 2012: Must have been a Firefighter II for a minimum of one year; have completed all of the work processes and study materials necessary to perform at the standards for this level per Chapter 4 of NFPA 1001; have successfully completed “Fire Service Hydraulics”, “Fire Apparatus Operations” and obtained State of Florida State Pump Operator Certification. Firefighter III hired after 2012: Must have been a Firefighter II for a minimum of one year; have successfully completed “Fire Service Hydraulics”, “Fire Apparatus Operations” and obtained State of Florida State Pump Operator Certification. Firefighter IV/Engineer hired before 2012: Must have been a Firefighter III for a minimum of one year; and have successfully completed at least four classes needed to obtain the Fire Officer I Certification. Firefighter IV/Engineer hired after 2012: Must have been a Firefighter III for a minimum of one year; and have successfully completed at least four classes needed to obtain Fire Officer I Certification. Must have successfully completed the Department’s Driver Training Program. Firefighter V/Engineer hired before 2012: Must have been a Firefighter IV for a minimum of one year; and have successfully completed at least five classes needed to obtain Fire Officer I Certification. Firefighter V/Engineer hired after 2012: Must have been a Firefighter IV/Engineer for a minimum of one year; and have successfully obtained Fire Officer I Certification. Must have completed ICS 300 and ICS 400. Must have attended all department offered classes for Operations Level training in Trench Rescue, High-angle Rescue, Water Rescue, Confined Space Rescue. ● Employees who are at this level are eligible for the Acting Lieutenant incentive and are eligible for Lieutenant promotion provided they meet the requirements of Article 39. Firefighter VI /Engineer hired after 2012: Must have been a Firefighter V/Engineer for a minimum of one year; and have successfully completed at least two classes toward Fire Officer II Certification. Firefighter VII /Engineer hired after 2012: Must have been a Firefighter VI/Engineer for a minimum of one year, and 2022 - 2025 33 have obtained Fire Officer II Certification Firefighter VIII /Engineer hired after 2012: Must have been a Firefighter VII/Engineer for a minimum of one year, and have obtained Fire Instructor I Certification. 19.8 An employee in the Lieutenant classification may advance from one step to the next higher step in their classification by meeting the following requirements: ● Employees must have obtained an Associate’s Degree in Fire Science or related field prior to promotion to Lieutenant. Lieutenant I hired before 2012: Must have been a Firefighter V/Engineer; been promoted to the Lieutenant classification through testing; and successfully obtained Fire Officer I certification. Must be a Florida State Certified and credentialed Paramedic. Lieutenant I hired after 2012: Must have been a Firefighter V/Engineer; been promoted to the Lieutenant classification through testing; Must be a Florida State Certified and credentialed Paramedic. Lieutenant II hired before 2012: Must have been a Lieutenant I for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 2 of NFPA 1021; and have obtained Fire Officer II Certification. Lieutenant II hired after 2012: Must have been a Lieutenant I for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 2 of NFPA 1021; and have obtained Fire Officer II Certification. Lieutenant III hired before 2012: Must have been a Lieutenant II for a minimum of one year; and have obtained Fire Instructor I Certification. Lieutenant III hired after 2012: Must have been a Lieutenant II for a minimum of one year; and have obtained Fire Instructor I Certification. Lieutenant IV hired before 2012: Must have been a Lieutenant III for a minimum of one year; and have taken two additional classes towards an applicable Bachelor’s Degree, or other approved classes. Lieutenant IV hired after 2012: Must have been a Lieutenant III for a minimum of one year; and have taken two additional classes towards an applicable Bachelor’s Degree, or other approved classes. Lieutenant V hired before 2012: Must have been a Lieutenant IV for a minimum of one year; have obtained Fire Instructor II Certification: must meet all of the requirements of the District’s Classification Description for Battalion Chief, excluding the Bachelor’s Degree & Instructor III requirement. Lieutenant V hired after 2012: Must have been a Lieutenant IV for a minimum of one year; have obtained Fire Instructor II Certification: must meet all of the requirements of the District’s Classification Description for Battalion Chief, excluding the Bachelor’s Degree & Instructor III requirement. 2022 - 2025 34 ● Employees who are at this level are eligible to act as a Battalion Chief. 19.9 ● Employees must have obtained a Bachelor’s Degree in Fire Science or related field prior to promotion to Battalion Chief. Battalion Chief’s will have a three step pay schedule with one year time in grade per step as the only requirement for advancement from one step to the next. 19.10 An employee in the Fire Inspector/Fire Certified and Fire Inspector/Non-Fire Certified classification may advance from one step to the next higher step in their classification by meeting the following requirements: Fire Inspector/Fire Certified I: Must be a State of Florida Minimum Standards Certified Firefighter and a State of Florida Certified Municipal Fire Safety Inspector or a person who can obtain Fire Safety Inspector Certification within 12 months of placement into Fire Inspector/Fire Certified I. If Fire Safety Inspector Certification is not held, it must be obtained prior to the completion of the probationary period. Fire Inspector/Non-Fire Certified I: Must be a Certified State of Florida Municipal Fire Safety Inspector or a person who can obtain Fire Safety Inspector Certification within 12 months of placement into Fire Inspector I. If Fire Safety Inspector Certification is not held, it must be obtained prior to the completion of the probationary period. Fire Inspector/Fire Certified and Fire Inspector/Non-Fire Certified II: Must have been a Fire Inspector/Fire Certified I for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 4 (2003 Edition) of NFPA 1031; and have successfully completed two classes needed to obtain an Associate’s Degree in Fire Science or a related field. Fire Inspector/Fire Certified and Fire Inspector/Non-Fire Certified III: Must have been a Fire Inspector/Fire Certified II for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 5 (2003 Edition) of NFPA 1031; and have successfully completed a total of four classes needed to obtain an Associate’s Degree in Fire Science or a related field. Fire Inspector/Fire Certified and Fire Inspector/Non-Fire Certified IV: Must have been a Fire Inspector/Fire Certified III for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 6 (2003 Edition) of NFPA 1031; and have successfully completed a total of six classes needed to obtain an Associate’s Degree in Fire Science or a related field. Fire Inspector/Fire Certified and Fire Inspector/Non-Fire Certified V: Must have been a Fire Inspector/Fire Certified IV for a minimum of one year; and have successfully completed a total of eight classes needed to obtain an Associate’s Degree in a job related field. 2022 - 2025 35 19.11 An employee in the Plans Examiner classification may advance from one step to the next higher step in their classification by meeting the following requirements: Plans Examiner I: Must be a Certified State of Florida Municipal Fire Safety Inspector with a minimum of five years’ experience reviewing plans for code compliance and three years’ experience as a fire inspector or a combination of education of education and Experience. Plans Examiner II: Must have been a Plans Examiner I for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 7.2 (2014 Edition) of NFPA 1031. Plans Examiner III: Must have been a Plans Examiner II for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 7.3 (2014 Edition) of NFPA 1031. Plans Examiner IV: Must have been a Plans Examiner III for a minimum of one year; have completed the work processes and study materials necessary to perform at the standards for this level per Chapter 8.2 (2014 Edition) of NFPA 1031. Plans Examiner V: Must have been a Plans Examiner IV for a minimum of one year; and have successfully completed the work processes and study materials necessary to perform at the standards for this level per Chapter 8.3 2014 Edition) of NFPA 1031. 19.12 Employees in the Clerk/Receptionist classifications may advance from one step to the next higher step (up to Step V) in their respective classifications by meeting the following requirements: a minimum of one year in their current step and the completion of one class (approved in advance by the Fire Chief or designee) within that same period of time. 19.13 Employees in the Administrative Assistant classifications may advance from one step to the next higher step (up to Step V) in their respective classifications by meeting the following requirements: a minimum of one year in their current step and the completion of two classes (approved in advance by the Fire Chief or designee) within that same period of time. 2022 - 2025 36 19.14 To advance from Step I through Step III, employees in the Public Information Officer and Public Education Specialist classification must complete a minimum of one year in their current step and two classes (approved in advance by the Fire Chief or designee) within that same period of time. To advance from Step III through Step V, employees in the Public Information Officer and Public Education Specialist classification must complete a minimum of one year in their current step and three classes (approved in advance by the Fire Chief or designee) within that same period of time. 2022 - 2025 37 Article 20 - Outside Employment 20.1 Prior to commencing any secondary/outside employment, an employee shall notify the District by submitting an Outside Employment Notification Form (accompanying this agreement as Addendum 5). 20.2 Employees accepting secondary/outside employment acknowledge that their employment with the District is primary, and agree to immediately resign from their secondary/outside employment in the event that such employment is found to be in violation of F.S. 112.312 on Standards and Code of Ethics of Public Officers and Employees, or if the employment conflicts or interferes with the employee’s performance of their duties for the District. 2022 - 2025 38 Article 21 - Strikes 21.1 Both the District and the Union agree to abide by Chapter 447 of the Florida Statutes, specifically sections 447.505 on public employees prohibited from strikes on a public employer, and 447.507 on the violation of strike prohibition and penalties. 2022 - 2025 39 Article 22 - Labor / Management Committee 22.1 There shall be a joint Labor/Management Committee consisting of four appointed members from the Union and four appointed members from the District 22.1a The Labor/Management Committee shall meet by mutual consent. The parties are under no obligation to reach agreement. However, any agreement so reached may become a matter of policy, with the approval of the Fire Chief. 22.1b Any recommendation by the committee shall be presented to the Fire Chief. The Fire Chief shall notify the committee, in writing, as to the action taken on the recommendations within ten working days. 22.1c No recommendation of the Labor/Management Committee shall violate the express provisions of this Agreement. 22.2 Requests for meetings or conferences may be initiated by the District or the Union. Such requests shall be made in writing. 22.2a The person requesting or arranging the conference shall arrange for mutually agreeable dates, times, and locations of meetings, and explain the nature of the subject(s) to be discussed. All meetings shall be held during working hours except under unusual circumstances. 22.2b Attendance at such meetings will be limited to a representative group directly concerned with the subject(s) of discussion. 22.3 Meetings or conferences may be held for such purposes as: ● Disseminating information. ● Submitting suggestions for improving efficiency, operation, working conditions, or employee services ● Proposing revisions of existing regulations, policies, and procedures. ● Resolving issues that affect the majority of the union members collectively. ● Avoiding future grievances. ● Promoting harmonious relations between th