to a copy of the current contract
Transcription
to a copy of the current contract
A Collective Bargaining Agreement Between Matlacha/Pine Island Fire Control District And Southwest Florida Professional Fire Fighters & Paramedics Local 1826 1 TABLE OF CONTENTS ARTICLE 1 2 3 4 5 6 7 7A 8 8A 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 PAGE Preamble ------------------------------------------------------------------------ 3 Recognition -------------------------------------------------------------------- 4 Strike Prohibition, Work Requirement and Discrimination ------------- 5 Management Rights --------------------------------------------------------- 6-7 Union Rights ------------------------------------------------------------------- 8 Rules & Regulations ---------------------------------------------------------- 9 Union Business --------------------------------------------------------------- 10 Union Business Time Donation Sheet ------------------------------------- 11 Dues Deduction -------------------------------------------------------------- 12 Dues Deduction Authorization Sheet -------------------------------------- 13 Grievance Procedure ----------------------------------------------------- 14-15 Reduction of Personnel ------------------------------------------------------ 16 Workers Compensation ------------------------------------------------------ 17 Sick Leave ----------------------------------------------------------------- 18-20 Leave of Absence / Bereavement ------------------------------------------ 21 Jury Duty, Subpoenas, Time to Vote -------------------------------------- 22 Vacation/Annual Leave------------------------------------------------------ 23 Holidays ----------------------------------------------------------------------- 24 Hours of Work / Overtime------------------------------------------------25-27 Uniforms & Equipment-------------------------------------------------- 28-29 Trading of Time -------------------------------------------------------------- 30 Education ------------------------------------------------------------------ 31-32 Incentive Pay -------------------------------------------------------------- 33-38 Retirement Plan --------------------------------------------------------------- 39 Employee Insurance---------------------------------------------------------- 40 Discipline & Discharge -------------------------------------------------- 41-42 Military Leave ---------------------------------------------------------------- 43 Station Facilities -------------------------------------------------------------- 44 Prevailing Rights ------------------------------------------------------------- 45 General Provisions ----------------------------------------------------------- 46 Physicals ------------------------------------------------------------------- 47-48 Wages -------------------------------------------------------------------------- 49 Alcohol & Drug Testing ----------------------------------------------------- 50 Promotions / Acting out of Classification----------------------------- 51-52 Duration ----------------------------------------------------------------------- 53 Minimum Manning----------------------------------------------------------- 54 Entire Agreement--------------------------------------------------------------55 Ratification ------------------------------------------------------------------- 56 2 ARTICLE 1 PREAMBLE 1.1 In accordance with Chapter 447, Part II of the Florida Statutes, this agreement is entered into by and between Matlacha/Pine Island Fire Control District (hereinafter, the District) and the Southwest Florida Professional Fire Fighters, Local 1826, International Association of Fire Fighters, Inc. (hereinafter, the Union). 1.2 The purpose of this agreement is to promote and maintain harmonious and cooperative relationships between the District and its employees, both individually as well as collectively through the Union; to foster safety in the work place; to provide an orderly and peaceful means for resolving differences which arise concerning the interpretation or application of this agreement; and to set forth herein the basic and entire agreement between the parties in the determination of wages, hours, and terms and conditions of employment. 1.3 This agreement is intended to promote the best interest, of the public, District and employees by providing the highest level of fire protection, prevention, suppression, education, and medical services consistent with rescue services that the district currently provides to the citizens within the district in the most professional, efficient and cost-effective manner possible, based on available resources. 3 ARTICLE 2 RECOGNITION 2.1 The District hereby recognizes the union as the exclusive bargaining agent for employees of the district as certified by the Florida Public Employees Relations Commission in Case No. RC-99034, Certification #1272, September 30, 1999. The appropriate bargaining unit is comprised as follows: INCLUDED: All regular and probationary full time employees of the Matlacha/Pine Island Fire Control District in the following classifications: Firefighter, Engineer, Captain, Fire Safety Inspector, and Fire Mechanic/EVT. EXCLUDED: Fire Chief, Deputy Fire Chief, Administrative Assistant, and Secretary. 2.2 The Union may display a bulletin board in any station of the District’s. This bulletin board may be 3' x 4', and may be displayed in the designated employee area at all stations. Materials, which are derogatory, abusive or discriminatory towards age, race, religion, gender, sexual orientation or physical disability, may not be posted and shall be removed if they are posted. Material shall be posted by the Matlacha/Pine Island Fire Control District, District Vice President or approved shop- steward and shall bear the employee’s initials and date of posting. 2.2A Duplicate copies of all notices and materials posted on the bulletin boards shall be submitted to the Fire Chief or his designee. All union items to be posted shall be signed and dated by the DVP or his designee. Union items posted shall be factual, related to notice of meetings, elections and general union business submitted from Local 1826 and/or District 13. No posted items shall violate any state or federal regulations. Any material found on the bulletin boards improperly posted may be removed by the Fire Department management. In an effort to promote management/labor relations the district allows the display of one 4” IAFF sticker on each side of its apparatus on the side window area and one sticker on the rear window of its service vehicles. The stickers shall not be placed in an area to cause a visual hazard and shall be maintained in a professional appearance. 2.3 The Union may display a certificate of 100% membership in an area of public view in each station of the District, so long as the Union maintains 100% membership of all bargaining unit employees. 2.4 The Union DVP will have the opportunity to send information to Union employees by submitting all copies of the information to the District for enclosure with the employees pay-checks. Distribution of paychecks will not be delayed to accomplish this request. 2.5 All employees will serve one (1) year of probation. These employees will be “At Will” and be held to the standards as stated in the District’s Administrative Guidelines. 2.6 New employees may have the period of probation extended one time, for an additional six (6) months as shall be determined by the Chief in the best interests of the District. 4 ARTICLE 3 STRIKE PROHIBITION, WORK REQUIREMENTS AND DISCRIMINATION 3.1 The union and bargaining unit members do not assert, and will not assert, or advocate any right to engage in any work-stoppage, slow down or strike, or to withhold services or otherwise hinder the District’s operations. Each employee shall comply with this Article and the strike prohibition of Section 447.505, Fla. Statutes and the Constitution of the State of Florida, Article 1, Section 6. 3.2 In justice and fairness to the District, and all persons who are served by it, all employees shall report to work on time, not leave early unless authorized, be prompt in reporting to their assigned duties, and faithfully perform their duties. 3.3 Neither the District nor the union shall discriminate against any employee covered by this agreement because of union membership or non-membership, or for any reason not contrary to law. 3.4 The District shall not discriminate between bargaining unit employees and non-bargaining unit employees in areas of discipline. 5 ARTICLE 4 MANAGEMENT RIGHTS 4.1 The union recognizes the Fire Chief as the District’s duly authorized business agent and acknowledges that he/she or his/her designee possess the right to direct day-to-day operation of the Matlacha/Pine Island Fire Control District on behalf of the Board to the extent provided by Florida Statute 447.209. The union recognizes management rights are subject to applicable law and the terms of this Agreement. 4.2 Management rights include, but are not limited to, the following: a) to direct all operations of the district; b) to establish and modify reasonable work rules, schedules of work, and administrative procedures and guidelines as may be needed in the best interest of the District. c) to hire, promote, transfer, schedule and assign employees to positions within the district’s organization; d) to suspend, demote, discharge or otherwise discipline employees, for just cause. Just cause shall include, but not be limited to conduct described in Article 24, Paragraph 8 (24-8) of this agreement. Nothing contained herein shall preclude the Chief from taking disciplinary actions based upon safety code violations, ethics violations, or for any other offense as provided for in the District’s Administrative Guidelines. e) to relieve employees from their duties because of lack of work or for any other legitimate reasons; f) to maintain efficiency of fire and rescue operations; g) to take whatever action is necessary to comply with federal, state, and local laws; h) to introduce new and improved methods or facilities; i) to change existing methods or facilities; j) to determine the kinds and amounts of operational services to be performed, and the number of personnel classifications required to perform such services; k) to contract for goods and services other than those provided by bargaining unit employees; l) to determine the methods, means, and personnel use by which and through which operations are to be conducted; m) to take whatever action is necessary to carry out the functions of the District in situations of emergency; n) to promote, hire or appoint such personnel as may be deemed necessary to fulfill management or supervisory functions required for proper operations; 6 ARTICLE 4 MANAGEMENT’S RIGHTS CONTINUED o) to make such adjustments as may be deemed necessary to the budgeted expenditures incurred or agreed to, so as to maintain a sound financial profile of tax revenues received and disbursed; p) to hire civilians to perform duties which do not require a certified fire fighter. Civilians performing these duties, which are not included in Article 2.1 shall not be subjected to this agreement. 7 ARTICLE 5 UNION RIGHTS 5.1 Members of the bargaining unit shall have the right to: either join the union, or not join the union. They shall also have the right to engage in lawful concerted activities for the purpose of collective bargaining negotiations; to express or communicate to management any view, grievance, complaint or opinion, related to the conditions of compensation and terms of employment of public employees for their betterment, all free from restraint, coercion, discrimination or reprisal. 5.2 Nothing shall abridge the right of any duly authorized representative of the union to present views of the Union on issues that affect the welfare of its members or the District as long as it is clearly presented as the view of the Union and not necessarily the view of the District to the District’s elected officials. 8 ARTICLE 6 RULES AND REGULATIONS 6.1 The Union agrees that its members shall comply with all of the provisions of this agreement and the rules and Regulations, job descriptions, department orders, and memos of the District. 6.2 The District agrees to furnish each new employee and all current members of the bargaining unit, with copies of each of the following: A. Matlacha/Pine Island Fire Control District Administrative Guidelines. B. Matlacha/Pine Island Fire Control District Standard Operating Guidelines. C. Where there is any conflict between the referenced Guidelines and this Agreement, this Agreement shall control 6.3 The employer agrees to conduct all disciplinary actions and disciplinary investigations in accordance with Florida Statutes 112.80 (Fire Fighter's Bill of Rights). Which Bill of Rights is incorporated by reference herein. Employees that are asked to appear before management to answer questions, which could result in disciplinary action being taken against him/her, shall be advised of their right to have a union representative of their choosing available to sit in. 6.4 All Memos and Standard Administrative Guidelines in operation on the effective date of this agreement shall remain in full force and effect if not specifically in conflict with any Article or Section of this Agreement. 6.5 In an effort to avert grievances and Unfair Labor Practice charges, in this regard, the District shall provide a copy of any proposed new rules, regulations, Standard Administrative Guidelines or changes in existing ones, and memos implementing revisions to the above to the Union’s DVP for review at least 5 business days prior (when at all possible) to the implementation date. A copy shall then be available for employees at each station for review/reference. If the department is unable to contact the DVP, it shall contact the main union office for purposes of meeting this section. 6.6 When leaving their employment from the District, employees should give a minimum of (2) two weeks notice in writing. 6.7 Hair and facial hair shall be clean, neat and trimmed. Facial hair that interferes with the face Piece seal on District air packs shall be prohibited. Employees shall have a clean shaven face while on duty. Mustaches are authorized but shall be kept neatly and closely trimmed. No portion of the mustache shall extend ½” below the lip line of the upper lip. It shall not go beyond a horizontal line extending across the corners of the mouth and no more than ½” beyond a vertical line drawn from the corners of the mouth. Handlebar mustaches, goatees, beards, soul patches or other eccentricities are not permitted. Employees may have sideburns that do not exceed one inch (1’) in width and not extend below the bottom of the ear lobe. Notwithstanding the provisions of this Section, hair that comes between the face and the sealing surface of the self-contained breathing apparatus (SCBA) shall not be permitted. Personnel safety is of utmost importance. 9 ARTICLE 6 6.8 There will be no smoking or use of tobacco products in any enclosed indoor workplaces of the District buildings, facilities or vehicles. On duty employees are not to use any tobacco products when any member of the general public is present. At each station an area outside the building will be designated as a tobacco area. All district facilities and vehicles are tobacco free. The use of tobacco in all forms is prohibited, Including but not limited to: cigarettes, pipes, E-cigarettes, and smokeless tobacco, while on duty. 6.9 Employees shall do their banking on Fridays only unless altered by holidays. Paychecks will be issued on Fridays in accordance with the District’s regular pay schedule. Paychecks will be available by 9:00 A.M. on such Fridays. 6.10 Each station will be allowed to go to the store once per day as determined by Management to get items for lunch or dinner. The store must be within the District. 10 ARTICLE 7 UNION BUSINESS 7.1 The District agrees to allow the union to hold its meetings at a Matlacha/Pine Island Fire Control District Station in the meeting room at a mutually agreed time and date. 7.2 Three (3) members of the "Union negotiating team" shall be allowed to attend all negotiating meetings which shall be mutually set by the District and the union. 7.3 The District agrees to allow all "Union Officers" on duty to attend union meetings at the station, providing proper staffing is met without having to call in additional personnel. 7.4 The District agrees to allow all "Union members" to donate one (1) hour increments of vacation time and put it towards a union time bank for use for union official functions while on duty. This donation of time shall be accomplished during the month of January each year. If a DVP leaving on union business causes the need for overtime, sufficient hours donated to the union time bank shall be converted for department use to pay for the overtime cost incurred. Unused time shall roll over to the next calendar year. 7.5 All union members should fill out the form 7A on the next page: authorization to deduct vacation hours from one’s accumulated time. 7.6 The District agrees to provide a copy of the Matlacha/Pine Island Fire Control District monthly Fire Commission Meeting minutes to the DVP in print monthly or as soon thereafter as possible. 7.7 The district shall not be held responsible for compliance with article 7.4. 11 ARTICLE 7-A UNION BUSINESS TIME DONATION SHEET 7-A.1 I hereby authorize the district to deduct hours (1 hour increments) from my vacation time to be placed in the union time bank for official union functions. Please turn in this form to the Matlacha/Pine Island Fire Control District union DVP during January of each year. Signature Date Print Name 11 ARTICLE 8 DUES DEDUCTION 8.1 The District shall deduct, without charge, from the pay of all Union members who authorize such deduction, the monthly dues payable to the union. 8.2 Payroll deduction shall be accomplished each pay period of each month, not to exceed 52 deductions in a calendar year. The amount deducted will be determined by dividing the annual amount, as certified by the Southwest Florida Professional Fire Fighters & Paramedics Secretary/Treasurer by 52 the number of pay periods in the year (e.g. 26 for a bi-weekly payroll schedule). 8.3 Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the District and included in Article 8A. 8.4 Employee’s dues shall be mailed to the union office once each month with a roster indicating each employee’s amount deducted. A union employee list shall be provided to the union, sorted alphabetically. 12 ARTICLE 8A DUES DEDUCTION AUTHORIZATION I hereby authorize the Matlacha/Pine Island Fire Control District , or its agents, to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 1826/I.A.F.F. Inc., said local union. This authorization is revocable by a notice in writing to the Matlacha/Pine Island Fire Department. I hereby waive all rights and claims for said monies so deducted and transmitted in accordance with this authorization, further and separately, relieve the Matlacha/Pine Island Fire Department and any agent, from liability therefore. NAME DATE EMPLOYEE SIGNATURE STOP DUES DEDUCTION AUTHORIZATION I hereby authorize the Matlacha/Pine Island Fire Department, or it’s agents, to stop deducting from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Treasurer of Local 1826/I.A.F.F. Inc., said local union. This authorization is revocable by a notice in writing to the Matlacha/Pine Island Fire Department. I hereby waive all rights and claims for said moneys so deducted and transmitted in accordance with this authorization and, further and separately, relieve the Matlacha/Pine Island Fire Department and any agent, from liability therefore. NAME DATE EMPLOYEE SIGNATURE 13 ARTICLE 9 GRIEVANCE PROCEDURE 9.1 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 between the parties arising from any alleged violation of this Agreement. 9.2 Definition. For the purpose of this Agreement, a grievance is defined as an alleged violation of a specific written provision of this agreement, which involves the meaning, interpretation or application of this agreement. 9.3 Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person or by legal counsel, to the DISTRICT and having such grievances adjusted without the intervention of the bargaining agent; provided the adjustment is not inconsistent with the terms of this Agreement and if the UNION has been given reasonable opportunity to be present at any meeting called. 9.4 Every effort will be made by the parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with, and can only be extended by mutual agreement of the parties in writing. . a.) The UNION will not be required to process grievances for employees who are not members of the UNION, but will be given the opportunity to be present at any meeting where the grievance may be settled. The DISTRICT will be responsible for notifying the Union of any meetings where grievances may be settled. 9.5 All grievances, as outlined above must be in writing and must contain the following information: a) Article and Section of the Agreement alleged to have been violated; b) A full statement of the grievance, giving facts, dates and times of events, and specific violation with the remedy or adjustment desired; c) Signature of aggrieved employee and date signed. 9.6 Grievances shall be processed in accordance with the following procedures. If the resolution sought by the grievant is not attained or a mutual agreement (in writing) is not reached, the DISTRICT will be responsible for submitting the grievance to the next step. The UNION will be responsible for submitting its grievance to arbitration. STEP 1: A. Upon receipt of written grievance, the grievant shall be given the chance to discuss his/her grievance orally with his/her captain within (7) seven business days of the alleged violation and or the time the employee gained knowledge of the alleged violation of the contract. The captain shall attempt to adjust the grievance with the aggrieved employee. And shall notify Deputy Chief and/or Chief about any such attempt to adjust and/or resolve the grievance. Chief and/or the Deputy Chief will have the right of final review as to proprieties of the adjustment or resolution. B. If the complaint is not resolved within (7) seven business days in Step 1.A, the aggrieved Employee and the Union representative will present the grievance in writing to the Deputy Chief and union. 14 ARTICLE 9 GRIEVANCE PROCEDURE STEP 2: The Fire Chief or his designee shall investigate the alleged grievance and shall within (12) business days of receipt of the written grievance from step one conduct a meeting between himself, his representative, as needed, the grievant and his representative as needed. Both parties will mutually agree to the meeting date. The Fire Chief or his designee shall notify the aggrieved employee of his decision giving facts “if the grievance was denied” no later than (12) business days following the meeting date. 9.7 If a grievance, as defined in this Article, has not been satisfactorily resolved within the grievance procedures, the UNION shall notify the fire chief office of its intention to file for binding arbitration no later than ten (10) business days after the response is received in Step 2 of the Grievance Procedure. 9.8 The parties affected shall request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Arbitrators shall be selected from such panel by alternately striking names from this list (the district shall strike first) until the last name is reached. The striking of names will take no longer than ten (10) business days from receipt of said panel. 9.9 Limitations on the powers of Arbitrator are as follows: a) The Arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. 9.10 There shall be no appeal from the Arbitrator's decision; it shall be final and binding on the UNION and on all bargaining unit employees and on the DISTRICT; provided, however, that the Arbitrator's decision is not outside or beyond the scope of the Arbitrator's jurisdiction or violates the Florida Arbitration Code. 9.11 The Arbitrator will divide the cost of the arbitration services between the parties equally. Each side desiring a transcript will pay for it. Expenses for witnesses shall be borne by the party calling said witnesses. 9.12 Both the Inspector and Mechanic shall substitute the Deputy Chief for the Captain in section 9.6, STEP 1 of this Article. All other steps shall remain consistent. 15 ARTICLE l0 REDUCTION OF PERSONNEL 10.1 In case of a personnel reduction within one or more job classifications, the reduction shall be determined by seniority within Matlacha/Pine Island Fire Control District. Reduction of personnel shall be implemented only after the district and the union meet to discuss all other possible financial solutions. However, any final decision as to the reduction of personnel will be the right of the District based on business necessity. Reduction of personnel will start with the lowest job classification, and shall be by seniority within that particular classification. The first classification shall be Fire Fighter (non-certified). 10.2 No new employee shall be hired until the laid-off employee has been given the opportunity to return to work. 10.3 In the event the recalled employee does not report back to work within ten (10) calendar days after receiving notification, the District will recall the next senior employee. 10.4 In the event the list of laid-off employees is exhausted, or if no recalled employees report back to work within ten (10) calendar days after receiving notification, the District may hire a new employee to fill the vacancy. 10.5 The notification in 10.3 shall be by certified mail (return receipt requested) to the employee's last known address as it appears in the personnel records. 10.6 In the event a current full time position becomes vacant, the said vacancy will only be filled with a full-time employee. The district is permitted to utilize existing volunteers to provide adequate on duty manning levels for a period not to exceed 45 calendar days. The district shall only use state certified fire fighters and only implement this procedure when there is a financial burden. 10.7 The District agrees not to enter into any agreement with any private Fire Protection agency at any time during the existence of this agreement. 16 ARTICLE 11 WORKERS COMPENSATION 11.1 If an employee is injured in the line of duty, he/she must notify the chief or his/her designee, and file for Workers Compensation under Florida Statute within 24 hours when possible. The department shall implement the workers comp employee insurance policy to assist the employee in receiving at least the minimum net pay. 11.2 Light Duty will be available after the employee receives a letter from the District’s Worker’s Compensation Carrier’s designated physician approving the employee for light duty providing light duty is available within the Matlacha/Pine Island Fire Control District. 11.3 Pursuant to sub-section 11.2 above, if light duty is assigned to a 56-hour employee, the injured worker will be entitled to his/her compensation and benefits to which he/she was entitled prior to the workers’ compensation-eligible injury. However, the injured worker on light duty must work a minimum of 40 weekly hours, in lieu of his/her regular 56-hour weekly schedule, during the light duty assignment. Time off from light duty assignment for doctor’s appointments relating to a work related injury will be covered by the department and not taken from employees vacation/sick time bank. 11.4 The District will continue to pay the injured worker his/her regular wage while on Workers’ Compensation leave. However, while on workers’ compensation leave, either no-duty or lightduty, all workers’ compensation checks made payable to the injured worker shall be endorsed over to the District so that in no event will the injured worker receive pay in excess of his/her regular District-paid compensation and benefits. 17 ARTICLE 12 SICK LEAVE 12.1 Sick Leave Shift employees in the bargaining unit shall accrue 12 hours of sick leave per month. 40 hour per week employees in the bargaining unit shall accrue 8 hours of sick leave per month. Sick leave may be accumulated up to a maximum of 720 hours for shift personnel and 480 hours for 40 hour per week employees. Sick leave shall be charged on an hour for hour basis. 12.2(a) Approved Uses of Sick Leave Sick leave may only be utilized for employee sickness, sickness in the employee's immediate family, necessary medical and dental appointments, injury, disability, pregnancy, for quarantine by health authorities or as approved by the Chief. 12.2(b) An employee requesting sick leave beyond the time limitations set forth in section 12.5, shall provide a Doctor’s certificate to the Chiefs office evidencing the need for such leave; whether for the employee or for an immediate family member of the employee. If an employee fails to submit such documentation, such employee may be disciplined for insubordination as referenced in Article 24. 12.2(c) Abuse of Sick Leave Abuse of sick leave benefits shall be grounds for immediate disciplinary action including but not limited to dismissal. For the purpose of this article, disciplinary action shall refer to Group Two Offenses in the Administrative Guidelines. Examples of Abuse of Sick Leave include a pattern of calling in sick on pre-scheduled overtime; excessive use of sick leave without a proof of illness slip; and/or a pattern of usage before vacation or overtime, (before or after) during that pay period, weekends, trade time, holidays, birthdays, etc. 12.3 Immediate Family For purposes of this Article, Immediate Family is defined as a spouse, child, father, mother, foster child or any financially dependent relative living in the employee's household, or any person of which the employee is the legal guardian. 12.4 Notification of Absence Notification of absence due to illness or injury shall be given to the Officer in charge as early as possible. However, all employees must provide at least one (1) hour advance notice of their inability to report for duty due to illness / injury. Calls should be minimized between the hours of 2200 - 0530 hrs. 12.5 Excused and Unexcused Sick Leave Requirements Each Fifty-six (56) hour per week employee shall be granted three (3) unexcused instances of sick leave per calendar year. Each Forty (40) hour per week employee shall be granted three (3) unexcused instances of sick leave per calendar year. For employees absences thereafter, the employee must present a medical certificate at the employee’s expense during their first shift back to work. An unexcused absence shall be defined as a return to work from an off duty sickness or injury without presenting a Doctor's certificate. A Doctor's certificate shall also be required of any employee returning to work after the use of two (2) or more consecutive shifts/days of sick leave. If the department can show a pattern or practice of sick leave use / abuse, it may require the employee to be seen by the district’s physician for the purpose of confirming said illness / injury. The district shall be responsible for payment of examination. 18 ARTICLE 12 SICK LEAVE 12.6 When Accumulated Sick Leave is expended When an employee's term of illness exceeds his/her accumulated sick leave, he/she may use his/her accumulated vacation time, rather than applying for leave without pay. 12.7 Sick leave and Line of duty death payment (a) Payment for accumulated sick leave: Employees who leave the department with fifteen (15) years of continuous service will be eligible for payment for 100% of their accumulated sick leave and 50% after 10 years of continuous service. Such amount will be paid directly to the eligible employee or the last stated beneficiary on file with the district. Employees who leave the District between the beginning of their sixth year to the end of their ninth year shall be eligible to receive payment in the amount of 25% of their accumulated sick leave. (b)(1) Sick Leave: Forfeiture: If an employee leaves his or her employment, or is terminated prior to five (5) years of continuous service, then the accumulated sick leave shall be forfeited. Employees who leave the District between the beginning of their sixth year to the end of their ninth year shall be eligible to receive payment in the amount of 25% of their accumulated sick leave. (b)(2) Sick Leave Payment In the Event of Disability: However, if an employee has to leave the fire service due to a permanent disability certified as such by a physician that arose or occurred during the course and scope of his or her on the job duties and responsibilities, then such employee will be eligible for 100% of his or her sick leave time. (c)(1) Line of Duty Death Payment: An employee who dies in the line of duty, the estate and or beneficiary of the employee shall be eligible to receive 100% of his or her sick leave time. (c)(2) The District shall also provide the estate for shift employees with a separate seven hundred twenty (720) hours thirty (30) days of sick leave payment for 56-hour (shift) employees and four hundred eighty (480) for 40-hour employees of sick leave, in Honor of the individual’s service to the District. 12.8 After an employee has accrued at least thirty (30) days seven hundred twenty (720) hours of sick leave for 56-hour (shift) employees and four hundred eighty (480) hours for 40-hour employees of sick leave, the employee may elect to request the District to pay him or her for any such excess time at the employee’s then current hourly rate. Payment shall be made on said employee’s anniversary date. 19 ARTICLE 12 SICK LEAVE 12.9 After an employee has accrued sick leave maximum in accordance with 12.1, (720 hours and 480 hours) the employee may elect to request the District to convert any such excess time on said employee’s anniversary date in accordance to the conversion as follows: Hours Used 24 48 Shift Hours Converted 96 hours sick to 48 hours vacation (4 for 2) 48 hours sick to 24 hours vacation (2 for 1) Hours Used 8 16 Admin Hours Converted 32 hours sick to 16 hours vacation (4 for 2) 16 hours sick to 8 hours vacation (2 for 1) 20 ARTICLE 12 SICK LEAVE "SAMPLE" (Minimum Information Required) DOCTOR'S CERTIFICATION OF ILLNESS/INJURY Employee Name: is my patient and was under my care. Leave date (s): Print Doctor's Name Doctor or authorized Medical Assistant Signature 21 ARTICLE 13 LEAVE OF ABSENCE / BEREAVEMENT Bereavement Pay 13.1 Bereavement leave, shall be granted to a full-time employee, with pay, as a result of a death in the employee’s family (which shall be understood for example, the following persons: husband, wife, father, mother, brother, sister, son, daughter, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, grandfather, grandmother, aunt, uncle, niece, nephew, grandchildren, fatherin-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, foster child, or guardian). Employees shall be provided a maximum of forty eight (48) work hours off for funeral attendance or other bereavement. Without Pay 13.2 Leave of absence, without pay, may be granted to a full time employee. All written requests for leave of absence must be submitted to the Chief’s Office for consideration. An employee shall not earn annual or sick leave credits while on any type of leave of absence, which exceeds (5) working days for (24) hour shift personnel or (10) working days for (40) hour per week personnel. 13.3 If the time during which an employee is on leave with pay exceeds the amount allotted in 13.1 the exceeding time shall not count toward eligibility for raises or pension time. Leave with Pay 13.4 All written requests for leave of absence must be submitted to the Chief’s Office for consideration. An employee shall not earn annual or sick leave credits while on any type of leave of absence with pay, as described in this section, which exceeds (5) working days for (24) hour shift personnel or (10) working days for (40) hour per week personnel. Other paid types of leave may be granted at the discretion of the fire chief or his designee. 13.5 If the time during which an employee is on leave with pay exceeds the amount allotted in 13.4 the exceeding time shall not count toward eligibility for raises or pension time. ARTICLE 14 JURY DUTY, SUBPOENAS AND TIME TO VOTE 14.1 Any employee receiving a subpoena for jury duty shall be given full pay for the time he/she serves while on duty. It is agreed that members of the district shall not be excused from duty for the remainder of the duty shift. In any case the employee shall be released, two (2) hours prior to the time required to report for jury duty, and will report directly to the station after the completion of jury duty. 14.2 Any employee subpoenaed to appear for a deposition in court or at any attorney's office while off-duty for any job-related reason bearing on the performance of his/her employment duties shall be paid at one and one-half times his/her hourly rate for such time, plus one (1) hour for travel. The employee shall be entitled to the witness fee on or off duty. 14.3 Employees serving on jury duty, while on duty, shall give the District any jury duty fees received. 14.4 Employees subpoenaed for a work related case shall notify the District of such subpoena as soon as possible. 14.5 Employees subpoenaed for a work related case shall be dressed in the appropriate uniform. 14.6 When the employee receives a jury duty notice, if the date is in conflict with the employees regular work schedule the employee is to contact the clerk of the court to request the change in the date. ARTICLE 15 VACATION/ANNUAL LEAVE 15.1 All non-probation, full time employees are entitled to use vacation leave. 15.2 SCHEDULE FOR VACATION ACCRUAL RATE: 56-HOUR PER WORK WEEK EMPLOYEES MAXIMUM ACCRUAL AT FISCAL YEAREND in HOURS ACCRUAL RATE in HOURS LENGTH OF SERVICE ANNUAL PER BI-WEEKLY 1-5 Years Date of Hire 120 4.62 120 6-10 Years Beginning of 6th Year 216 8.31 216 11-15 Years Beginning of 11th Year 264 10.15 264 Over 15 Years Beginning of 15th Year 288 11.08 288 40-HOUR PER WORK WEEK EMPLOYEES ACCRUAL RATE in HOURS MAXIMUM ACCRUAL AT FISCAL YEAR-END in HOURS LENGTH OF SERVICE ANNUAL PER BI-WEEKLY 1-5 Years Date of Hire 80 3.08 80 6-10 Years Beginning of 6th Year 144 5.54 144 11-15 Years Beginning of 11th Year 192 7.38 192 Over 15 Years Beginning of 15th Year 220 8.46 220 25 15.3 Vacation leave shall be accrued on a per pay period basis. (i.e. 1-5 year, 56-hour employee accrues .93 hours if pay period is weekly). All employees will be charged on an hour-for-hour basis for time used as vacation. 15.4 Regular employees who are terminated, resign, or retire, shall be paid for any accrued vacation earned but not taken to the date of termination, resignation or retirement. 15.5 Any remaining unused vacation time in excess of the maximum accrual at the end of the fiscal year shall be paid out to the employee at the employee’s then current hourly rate. Vacation leave may be used as sick leave only if the individual’s sick leave has been exhausted. 15.6 All requests for vacation leave must be approved by the employee's supervisor in writing before it is actually taken 15.7 No employee shall be granted annual leave unless the time granted shall have already accrued or will accrue prior to the start of the vacation. 15.8 No pre paid vacations will be allowed. 15.9 Employees shall select shift vacation time by seniority in department. Vacation time selection shall be accomplished in October of the preceding year. Vacation requests that encompass a holiday will have its availability rotated through the remaining shift personnel before a shift member that has previously utilized it for vacation may be permitted to use it again. 15.10 Request for vacation must be submitted ten (10) working days in advance for forty hour (40) personnel and five (5) shift days for fifty-six (56) hour personnel to guarantee approval. If shift request is made within less than 5 shift days mandatory overtime will not be used. All shift request must be made within 72 hours 15.11 For the fiscal year 2013-2014 and through the end of future contract negotiations or September 30, 2015 whichever is later the following vacation annual leave accruals will be decreased by: 56 hour work week employee 72 hours 40 hour work week employee 24 hours 26 ARTICLE 16 HOLIDAYS 16.1 All 56 hour employees will receive pay of 12 hours at the straight-time rate, for each holiday shown on the schedule below: HOLIDAYS PAID FOR 56-HOUR EMPLOYEES Fiscal Year 2015-16 4 days Christmas, New Year’s Day, Patriots Day & Veterans Day Fiscal Year 2016-17 7 days Above days plus Independence, Thanksgiving & Labor Day Fiscal Year 2017-18 10 days Above days plus President’s, Memorial & Martin Luther King Day Fiscal Year 2015-16 0 days Fiscal Year 2016-17 0 days Fiscal Year 2017-18 Five (5) as long as fiscally affordable (to be negotiated) 16.1A An employee A 56-hour employee that calls out sick on their duty day before the day of, or the duty day after a paid holiday shall not be eligible to receive said holiday pay. An exception to this rule is Leave due to would be if the sick time is a result of an illness/injury received on duty,and/or leave on involves workers compensation, and/or excused sick leave (with a doctor’s note). 16.2 All 40-hour employees shall receive the day off with pay for each holiday. The day off shall coincide with that of management and staff of the Matlacha/Pine Island Fire Control District. If a holiday falls on a Saturday or Sunday, the holiday may be observed with another day off at the choice of the Chief. 27 16.2A The following are the recognized holidays for 40-hour employees: New Year’s Day President’s Day Memorial Day Independence Day Labor Day Patriot’s Day Veterans Day Thanksgiving Day Christmas Day Martin Luther King Day January 1 Third Monday of February Last Monday in May July 4 First Monday in September September 11th November 11th Fourth Thursday in November December 25 As designated 16.1 All 56 hour employees will receive pay of 12 hours for each holiday recognized. Shown on the Schedule below: Holiday Pay Schedule for 56- Hour Employees Fiscal Year 2015-2016 6 days Thanksgiving. Christmas, President’s Day, Memorial Day, Labor Day Patriot’s Day Fiscal Year 2016-2017 8 days All above dates plus: Independence Day, Veteran’s Day Fiscal Year 2017-2018 10 days All above dates plus: New Year’s Day, Martin Luther King Jr. Day 16.5 The union agrees to freeze all holidays for fiscal year 2013-2014 and through the end of future contract negotiations for September 30, 2015 whichever is later. 16.6 Beginning fiscal year 2014-2015 it is agreed upon that 2 additional holidays will be added to the recognized holidays in 16.3. The additional 2 holidays will be chosen by the majority of the members. 16.7 All current 40 hour employees are exempt from 16.5 28 ARTICLE 17 HOURS OF WORK/OVERTIME 17.1 HOURS OF WORK - WORK SHIFT The existing Matlacha/Pine Island Fire Control District daily agenda shall remain in force and unchanged during the course of this agreement during normal situations. Should it be necessary in view of emergencies or urgent situations to establish schedules departing from the normal, the DISTRICT will give advanced notice to all affected employees, as soon as possible. Bargaining unit personnel will be considered in a ready state after 1600 hours on normal workdays. For designated holidays and weekends the bargaining unit will be considered in a state of ready after noon. 17.2 HOURS OF WORK - WORK SCHEDULE All hours shall be counted as hours worked in regards to FLSA. The schedule is such that an employee who is scheduled to work one 24-hour shift on and then shall have two consecutive days off. 17.3 No more than 72 consecutive hours may be worked without a 12-hour break. The 72 consecutive hours must start the day before your regular shift. If trade time is involved in the 72 consecutive hours, the trade time must occur on the day before your regular shift. 72 consecutive hours may not be worked if the individual has been involved in working a major fire or incident. Safety is the primary concern, the Chief and the Captain on duty may collaborate on this decision. OVERTIME 17.4 Overtime for employees in the bargaining unit shall be defined as all hours worked in excess of their normal shift, not excluding the FLSA 3 hours from 53 to 56 hours per week. 17.5 Overtime hours worked shall be paid at one and one half times the employee’s hourly pay rate. 17.5.1 An employee that calls out sick on their duty day before, or their duty day after, working overtime (not to include 3 hr. FSLA) shall now be compensated at straight time pay for said overtime worked. Exceptions to this rule is that if the sick time is due to an injury received on duty and/or involves workers compensation or if the overtime was mandatory. 17.6 Employees held over beyond their normal work shift shall accumulate hours worked in one quarter (1/4) hour increments rounded up, this time not being considered called back time. 17.7 Employees called back to work shall receive a minimum of 2 hours pay. 17.8 Employees called to work earlier than normally scheduled, however in conjunction with a scheduled workday, shall be paid in increments of one-quarter (1/4) hour rounded. 29 ARTICLE 17 HOURS OF WORK/OVERTIME OVERTIME SCHEDULING 17.9 Scheduling of overtime is based on seniority and amount of overtime scheduled for the time period beginning October 1st and ending September 30th each fiscal year. 17.10 The senior employee of the same rank needed with the least amount of hours scheduled will be called first. Overtime will be filled in this manner; from the employee with the most amount of seniority in position and the least amount of overtime scheduled to the employee with the least amount of time in position and the most amount of overtime scheduled. 17.11 Overtime positions shall be filled rank for rank, unless no one is available. Overtime shall be filled by the next lower rank and so on, until the position is filled. If necessary the overtime shall even be filled by the next higher-ranking position. 17.12 Overtime will be scheduled by contacting employees on the department paging system for short notice overtime, and the department paging system and department email for any overtime other than short notice. For overtime that is other than short notice and scheduled in advance, the Captain shall designate a cutoff time by which a member of the needed rank shall respond. The members shall have two (2) shift days (six calendar days) from the date/time of the page and email as a minimum time to respond, by email or phone call, whether they want to accept the overtime. Immediately after the cutoff time the Captain will fill the overtime in the manner described in 17.9 through 17.12. 17.13 Overtime may be scheduled up to 3 months in advance, but the hours will be added to the posted overtime list at the time of scheduling. All overtime (minimum of 1 hour increments) will be added to the current list. A shift member may accept a maximum of 2 consecutive overtime days before the list automatically moves to the next employee. This is only for consecutive days; if a member is first on the list and has a considerable amount of hours available to work they may be scheduled to fill these hours, so long as it does not exceed 2 consecutive 48-hour shifts. SHORT NOTICE OVERTIME SCHEDULING 17.14 17.15 Short notice overtime is any overtime that is needed immediately or the next shift day. The Captain will fill short notice overtime first from members of the on duty shift. If no member on duty accepts the overtime then the Captain will utilize the department paging system to contact all personnel of the needed rank to fill the overtime. For short notice overtime, personnel have one (1) hour to respond to the page. After one (1) hour the Captain will fill the overtime in the manner described in 17.9 through 17.12. An employee must accept or reject short notice overtime immediately, in order for the position to be filled in a timely manner. If an employee cancels vacation time that causes overtime, those scheduled overtime hours will be deducted from the overtime list for that employee immediately 30 ARTICLE 17 HOURS OF WORK/OVERTIME SCHEDULING MANDATORY OVERTIME 17.16 The following conditions will cause the need for mandatory overtime. 1. Less than 8 seven (7) qualified personnel available for duty at any time, including the following minimum position staffing levels. i. 1 Captain or qualified acting Captain. ii. ii 2 3 Engineers or qualified acting engineers iii. 3 2 or more Firefighters. 17.17 Before an employee is required to serve mandatory overtime, the following steps must be taken: 1. All qualified personnel must be contacted. 2. Those eligible employees on vacation or sick leave will become eligible and must also be contacted. 3. Mandatory overtime can be offered in 12-hour increments. 4. Mandatory overtime may not be used beyond 48 consecutive hours worked. Mandatory overtime will be served on a rotating basis, starting with the employee with the least amount of seniority in that position. 17.18 a. Compensatory time will be optional for 40 hour employees and shall be accrued at 1-1/2 times the hours worked. The employee shall inform his captain or chief if the time shall be designated as compensatory time or overtime when it is earned. b. Request for compensatory time must be submitted ten (10) working days in advance of such time. In the event that request for compensatory time is submitted less than ten (10) days in advance of such time, its approval shall be at the discretion of the Chief. c. Mandatory overtime due to a special event shall be offered to all employees 144 hours before said event. Volunteers shall be taken and granted the overtime 72 hours prior to the event by normal overtime rules. If there are no volunteers the spots will be filled by mandatory overtime 72 hours prior to event. If mandatory special event overtime is filled in less than 72 hours the employee/employees shall receive double time for event hours. 31 ARTICLE 18 UNIFORMS AND EQUIPMENT 18.1 The District shall furnish, in a timely manner, all new full time employees with a uniform as set forth below. The listed uniforms shall be clean and available at all times while on duty. Four One Two Two One (4) Uniform Pants or a combination of a minimum of 2 long pant and shorts. (1) Dress Uniform Pants (2) Dress Uniform Shirts (2) Gym shorts (1) Pair of long sweat pants and sweat shirt. These may be worn after hours only, sweatshirt may also be worn for cold weather. (1) Winter Jacket (1) Badge (1) Name Tag (1) Jumpsuit (1) Ball cap (5) Tee shirts employee’s choice of long or short sleeved. (1) Belt Set of Position appropriate collar brass (1) Black tie worn with dress uniform. (1) Boonie Hat One One One One One Five One One One One 18.1(a) The dress shirt and long pants shall be worn for school visits, official public appearances, inspections, and other events as designated by the Chief. Black shoes shall be worn with no stripes or reflective logos. They shall be kept polished in neat appearance and must be securely fastened (zipped or tied). The black shoes are the responsibility of each individual. Only District issued clothing and hats may be worn while on duty. 18.2 The employees in the bargaining unit shall maintain uniforms through replacement of up to (3) uniform pants or a combination of a minimum of 1 long pant and shorts, (3) tee shirts and (1) ball cap per fiscal year provided by the District. 18.3 The employee is responsible to wear these uniforms and report to work with them being clean and neat in appearance. The wearing of the Jumpsuit in lieu of the Uniform will be allowed for activities or times as designated by the District. 18.4 All items provided by the District, remains the property of the District and are to be used in accordance with the departmental work rules. Upon separation, all items, other than those wornout through normal use, must be returned (or paid for) by the employee before their final paycheck will be issued. 18.5 The District shall provide all necessary protective equipment to include the following: One One One One One One (1) Full set of Bunker Gear (1) Head Sock (1) Pair structural gloves (1) Structural helmet (1) SCBA mask (1) Raincoat 32 ARTICLE 18 UNIFORMS AND EQUIPMENT 18.6 In the event any issued articles are lost, stolen, or otherwise unusable, the employee must notify the District immediately. The District shall determine the cause of such shortage and, if not through negligence of the employee, the District shall replace the item(s). However, if the shortage is due to the employee’s negligence, the employee shall pay for replacement at a maximum of $25.00 per pay period. Replacement of uniforms for any reason “unless damaged due to emergency response” is limited by the fiscal year quantities established in section 18.2 of this article, unless otherwise approved by the Fire Chief. Personal protective equipment will be replaced as soon as possible with cost incurred by the District, unless the employee is found to be negligent in caring for the property of the District. 33 ARTICLE 19 TRADING TIME 19.1 A written substitute request must be approved by the shift supervisor, if longer than 4 hours in duration. If the substitution is to be 4 hours or less it shall not be required to comply with 19.3, but must be verbally approved by the shift supervisor. 19.2 Trading of time will be on a rank for rank basis, unless said member is qualified to work in an “acting capacity” or as otherwise approved by the Chief of the department. 19.3 All trade time should be submitted at least 24 hours prior to the date needed. 19.4 It is up to the employees of the department to keep track of time owed by employees for whom they have worked. 19.5 The district is not liable for one employee paying another employee time owed. Employees shall enter into these agreements amongst themselves. 34 ARTICLE 20 EDUCATION 20.1 The Matlacha/Pine Island Fire Control District shall budget $400.00 -0- each fiscal year, for each employee in the bargaining unit to allow for enhanced education at an approved college or seminar. The employee shall seek to further knowledge in areas represented by the Matlacha/Pine Island Fire Control District. 20.2 This allotted $400.00 -0- shall be used to pay for tuition and required course material, so long as the required course material is not in the possession of the district for use by the employee. It may also be utilized in paying the per diem, travel and lodging cost if the seminar/school is out of the Lee/Collier or Charlotte County area. Under certain circumstances a student may have approval granted for a seminar/class in the Collier County area due to the class hours or extreme travel time. Approval shall be by the Chief or designee. 20.3 If the employee is attending a course for college credit, or has successfully completed a seminar, the employee shall be reimbursed for said course and material after he/she passes the course and submits the course grades and or certificate to the district. If the employee does not pass said course he/she is still eligible for reimbursement for course material when it is turned into the 20.4(a) An employee may transfer up to $200.00 of educational funding to another employee for approved use. 20.4(b) Notwithstanding the provision of subsection 20.4(a) above, the Chief will notify employees no later than one (1) month prior to the end of the budget year (or August 31 of the particular budget year) of the amount of unused funds remaining budgeted for this article and will request whether any employee who believes he or she is still entitled to receive such funds intends to apply for them to complete course-work by September 30th of that budget year. If within ten (10) days thereof, no replies are received, and available funds remain for that year, the Chief shall so notify the employees. Employees enrolled in courses or enrolling in courses with a completion date of September 30th of the given budget year, may then apply to the Chief for additional funds beyond the $400.00 allotted to help pay for the costs of such course work. The Chief shall allocate funds toward such coursework based on the amount of funds available and the number of persons applying. Any unused Education money will not be held in any account nor transferred to next budget year. 20.5 An employee attending an approved class/course shall be reimbursed meals for the appropriate city as defined in Florida Statutes, section 112.061. If the employee utilizes his/her own vehicle for out of town district business travel/class etc. the district shall reimburse the employee mileage cost as defined in Florida Statutes, section 112.061. 20.6 Employees will be responsible for repayment for any education and related cost paid by the district, as it relates to Article 20, if the employee leaves within one year of the completion of said school. The district may deduct this entire amount from the balance of pay still due the employee at time of separation. 20.7(a) Each 56 hour a week employee will receive an annual allocation of 24 education hours to be used for time off to attend any classes as approved in Article 20.1. 20.7(b) An employee may transfer up to 12hrs of allotted education hours to another employee for approved use. 31 ARTICLE 20 EDUCATION 20.7 (c) 20.9 Each 40- hour per a week employee will receive an annual allocation of 40 education hours to be used for time off to attend any classes as approved in Article 20.1. 20.8 The union has agreed to the education as shown in the above article from October 1, 2012 to October 1, 2013. Renewal certifications shall be completed through approved training programs (i.e. Target Solutions). (MOVED FROM ARTICLE 21) 20.9 The union has agreed to freeze education for one year from October 1, 2013 to October 2014 and through the end of future contract negotiations or September 30, 2015 whichever is later. 32 ARTICLE 21 INCENTIVE PAY 21.1 Employees within the bargaining unit shall be eligible to receive the following hourly incentives. Current employees shall be capped at their current incentive rate as of September 30, 2014. Current employees are eligible up to $2.00 an hour of education incentives if they are currently below that rate. Any job related incentives shall be paid in addition to the $2.00 an hour cap. New employees hired as of October 1, 2014 shall be capped at a maximum of $2.00 an hour. Florida Certified Paramedic incentive ($.80 per hour) shall be paid in addition to the $2.00 maximum for current and new employees hired after October 1, 2014. ADJUSTMENTS: (EMT OR EMT II will be included in base hourly rate because of job requirements). 1. 2. Line Personnel Incentives Job Related Incentives EDUCATIONAL INCENTIVES CERTIFICATION HOURLY Paramedic .80 Instructor I Instructor II Instructor III .55 .65 .75 Fire Officer I Fire Officer II .55 .80 Fire Inspector I Fire Inspector II .55 .75 Fire Investigator I Fire Investigator II .55 .75 Certified Pump Operator .55 Firefighter Educational Incentives Instructor I .55 Fire Officer I .55 Fire Inspector .55 JOB-RELATED INCENTIVES TITLE HOURLY S.C.B.A. Tech 1.05 Vol. Coordinator 1.05 Boat Coordinator 1.05 Bunker Gear Coord. .55 Medical Coordinator .50 C.P.R. / S.A.E.D. Instructor .30 Boat Trainer .30 Engineer Educational Incentives Instructor II .10 Fire Officer II .25 Fire Inspector I .55 Fire Inspector II .75 39 Captain Educational Incentives Instructor III .10 Fire Inspector I .55 Fire Inspector II .75 ARTICLE 21 INCENTIVE PAY 21.1a Only the highest level attained will be paid in multi-level incentives. 21.1b Boat Trainer: Maximum of 2 per shift, which includes the coordinator. 21.1c Volunteer and Boat Coordinators position will be paid at a lesser amount (.70) if the individual does not meet the qualifications. 21.1d Unless specified incentives are available to all Members. SCBA Tech, Bunker Gear coordinator and medical coordinator will have 2 member positions, volunteer and boat coordinator will be 1 member positions 21.1 e Employees are only eligible for additional education incentives that are not already requirements for their current placement within the STEP plan, and/or a requirement for future STEP advancement within that particular rank. Any bargaining member that currently as of 10/1/2015 has an incentive that will no longer be offered from the district shall retain set incentive pay. Inspector Florida Certified Firefighter .55 Fire Officer I Fire Officer II .55 .75 Fire Inspector II .80 Fire Investigator I Fire Investigator II Instructor I Fire Extinguisher Tech Public Information Officer Fire Code Administrator .55 .75 .50 .55 .50 .50 1.00 .50 Mechanic Incentives CERTIFICATION HOURLY E.V.T. Fire Apparatus Tech. I E.V.T. Fire Apparatus Tech. II E.V.T. Fire Apparatus Master III E.V.T. Ambulance Tech. I .55 .80 1.05 .55 40 ARTICLE 21 INCENTIVE PAY E.V.T. Ambulance Tech. II E.V.T. Ambulance Master III A.S.E. Certification I .80 1.05 .35 each A.S.E. Certification II A.S.E. Certification III 21.2 Once an employee successfully completes or renews one of the above stated courses of education for the current job classification the employee shall submit proof of said completion to the district. 21.3 The department shall pass on to the employee any funds received from the state for an approved degree. The qualifications for the Job-Related incentives are as follows: Position Description: Boat Coordinator The Boat Coordinator is a professional position responsible for ordering and maintaining all Water Ops equipment. The coordinator is primarily responsible for following proper safety procedures and additionally is responsible for working with the Deputy Chief in preparation and monitoring of the annual budget for the purchase of Water Ops equipment. Reporting Responsibilities: Supervisory Responsibilities: Chief/Deputy Chief Boat Trainers Illustrative Tasks: Maintain a complete inventory of all District Boat equipment. Ensuring that on a routine basis, all equipment is adequately inspected for the assurance of operational readiness. Maintaining a program for completing scheduled inspections, testing, overhauls, etc. Performing general maintenance and repairs that are within the scope of manufactures recommendations. Maintaining records of all inspections, maintenance and repairs, etc. Coordinate and ensure the training exercises are adequate. Develop operational procedures. Be familiar with Rules of the Road (Navigational Rules), General Boating Safety, and have knowledge of rescue procedures. Identifies, researches and applies for grants for equipment and training. Requirements: Certified Florida Firefighter Licensed USCG Captain Position Description: Boat Trainer General Function: The Boat Trainer is a professional position responsible for assignments from the Shift Commander during a standard response to an incident occurring on any navigable waterway. Reporting Responsibilities: Supervisory Responsibilities: Chief/Deputy Chief /Boat Coordinator Shift Commander Illustrative Tasks: Respond with the boat as authorized to fire, rescue or environmental emergencies. Training Requirements: Department of Environmental Protection, Division of Marine Patrol, How to Boat Smart. 41 ARTICLE 21 INCENTIVE PAY General Boating Safety, Rules of the Road (Navigational Rules), Waterway marking Systems, Visual Distress Signals, Weather and water conditions. Objectives of Practical training for water operations shall be completed annually: Driving of tow vehicle, including backing of the boat and vehicle using side rearview mirrors. Unloading and loading boat from the trailer. Backing and turning vessel in tight quarters. Securing vessel to dock. Open water operations while operating fire pump. Low visibility operations. Navigation by triangulation, chart familiarization, and GPS. Anchoring of vessel in open water. Swimming pre-requisites shall be completed annually: Free Style Swim 100 yards Tread Water 5 minutes Water Entry Feet first, shallow dive Mask, snorkel, fins Show competence: donning, clearing, surface dive Life jacket Show competence: donning, entry Requirements: Certified Florida Firefighter Position Description: Medical Coordinator General Function: The Medical Coordinator is a professional position responsible for ordering and maintaining of all medical equipment. Reporting Responsibilities: Supervisory Responsibilities: Chief/Deputy Chief None Illustrative Tasks: Order supplies that have been utilized or expired Maintain a minimum level of medical supplies at all stations Replace equipment that is unable to get repaired Upgrade equipment if needed or specified by our LCEMS protocol Visit a medical convention if deemed necessary Requirements: Certified Florida Firefighter Florida State Certified EMT Preferred: Florida Certified Paramedic Position Description: SCBA Coordinator The SCBA Coordinator is a professional position responsible for ordering and maintaining all SCBA equipment. Reporting Responsibilities: Supervisory Responsibilities: Chief/Deputy Chief None Illustrative Tasks: Maintain a complete inventory of all District SCBA. 42 ARTICLE 21 INCENTIVE PAY Ensuring that on a routine basis, all SCBA are adequately inspected for the assurance of operational readiness. Maintaining a program for completing scheduled inspections, testing, overhauls, etc. Performing general maintenance and repairs that are within the scope of manufactures recommendations. Maintaining records of all inspections, maintenance and repairs, etc. Tag and remove from service any equipment that does not work properly or has damage. Results of mask fit testing and assignment of mask to personnel. Scheduling air quality testing. Coordination of the filling of breathing air cascade system. Requirements: Certified Florida Firefighter Certified MSA CARE Training or equivalent approved by Chief or Deputy Chief. Position Description: Bunker Gear Coordinator The Bunker Gear Coordinator is a professional position responsible for working with the Deputy Chief in preparation of the annual budget for the purchase of all personal protective equipment. The coordinators assigned to these positions shall be responsible for the distribution of all PPE and shall work with the vendors on acquisition of said equipment. . Reporting Responsibilities: Supervisory Responsibilities: Chief/Deputy Chief None Illustrative Tasks: Will work to acquire any PPE that is needed. Will maintain PPE as per the current contract. Shall maintain records on distribution of equipment and the maintenance of it. Coordinate with shift personnel on when all PPE shall be cleaned according to manufacturer’s recommendations. Set down the specification on any new PPE that is purchased. Requirements: Shall have been a member of the District for a period of at least 1 year at the appointment of the Chief by seniority. Coordinator positions shall be equitably distributed by the Chief to those requesting the position. Position Description: Volunteer Coordinator The Volunteer Coordinator is a professional position involving responsibility for planning, developing, implementing, and coordinating volunteer firefighter maintenance of records related to the volunteer incentives. Reporting Responsibilities: Chief/Deputy Chief Supervisory Responsibilities: Volunteers Illustrative Tasks: Assists the Chief/Deputy Chief with projects which are intended to improve the effectiveness of the volunteer contingent. Maintains records and prepares reports on volunteer activities. 43 ARTICLE 21 INCENTIVE PAY Plans and coordinates volunteer recruitment and retention activities. Develops and executes publicity programs to inform prospective volunteer members. Creates processes for recruitment and screening or volunteer fire company applicants. Prepares news releases pertaining to volunteers. Participates in meetings and conferences designed to improve support for and retention of volunteers. Speaks before public, private, and employer groups for the purpose of soliciting support for volunteer services. Coordinate with shift captains in regards to scheduling volunteers to participate on shift. Coordinates volunteer recognition activities Serves as liaison between volunteer members and administrative staff. Requirements: Certified Florida Firefighter Florida Certified Instructor 1 21.4 In the event no bargaining unit employees apply or are qualified for the Coordinator’s positions, the department may fill these positions outside the bargaining unit. 21.5 Employees being paid for any of the incentives listed in article 21 may be required by management to utilize them during normal work shifts and if possible, during normal work hours. After hours utilization for certifications such as CPR instructor, basic instructor and the like shall be kept to 3 times or less per year for each incentive applicable. Employees desiring to work on district function that require the use of any incentive shall be compensated at time and one half their standard hourly rate if not on shift. 21.6 Classes are to be accredited by the agency issuing the certification. (i.e.: Florida State Fire College, IAFF, etc). 21.7 Renewal certifications for incentives shall be completed through approved training programs (i.e. Target Solutions). 21.8(a) Employees who earn an Associates degree shall receive a $.50 per hour education incentive payment. Employees who earn a Bachelor’s Degree shall receive a $1.00 per hour educational incentive payment. Employees shall be paid for one degree. Thus, if an Employee has earned an Associate’s Degree and then earns a Bachelor Degree, the Employee will receive incentive payment only for the Bachelor’s Degree, not both degrees. All employees that are actively pursuing a degree until January 1, 2017 to complete it in order to receive District match incentive pay – Associates degree shall receive a $.50 per hour; Bachelor’s Degree shall receive a $1.00 per hour. The employee is still eligible for State – share regardless of when the degree is completed. 44 ARTICLE 21 INCENTIVE PAY 21.8(b) To qualify under this incentive program, the degree received must be certified by the State Fire College as an appropriate degree for the fire services profession. 21.9 In the event that existing coordinator positions become open, Qualified applicants for such positions will be selected based on seniority in the district. 21.9 (A) In the event that a coordinator/tech position becomes available, it will be firs offered to the qualified Applicants with the most seniority that do not already hold a current coordinator/tech position. Anyone that currently has multiple coordinator positions will be allowed to reamin in their current positions. 21.9 (b) 21.10 In the event of a shift change/transfer, incentives that have limited number of positions per shift will be based off seniority on that shift, not total seniority within the department. The addition of (1) Bunker gear coordinator will require the selection of applicants based on seniority in the district. Medical coordinator will require the selection of applicants based on highest medical training (i.e. Paramedic) and seniority in the district. Current coordinators in these positions are exempt from these preferences. 45 ARTICLE 22 RETIREMENT PLAN 22.1.1 On October 1st, 2001 the Matlacha/Pine Island Fire Control District entered into and participated in the Florida Retirement System, Chapter 121 for all new employees and those existing employees who desired to change from the then defined contribution retirement plan which is now known as “Profit Share plan. The employee’s time in the Florida Retirement system thus commenced October 1st, 2001, and did not include any service credit prior to that date. 22. 2 Existing employees who have remained in the department’s retirement plan shall have the department’s contribution mirror that of the Florida Retirement System, Chapter 121. 22.3 All new employees shall be entered into the Florida retirement system plan. Those existing employees who elected to remain in the Department’s plan must remain in that plan. 46 ARTICLE 23 HEALTH, DENTAL, LIFE & SHORT TERM DISABILITY INSURANCE 23.1 Employees shall be provided with health and life insurance coverage after a one-month period of employment. The district shall pay the employee’s coverage. The health coverage for the employee’s dependents, as defined by the District’s current carrier, shall be paid as described in 23.2. Any employee hired after October 1, 2014 shall pay 100% of dependent coverage. 23.2 Years of Service 0 up to 1 1 and over % paid by district 0 80 100 % paid by employee 100 20 0 20 80 23.3 Employees shall be provided with a $ 25,000 life insurance policy. 23.4 The district shall have the right to change insurance carriers as it sees fit, but shall not reduce the coverage’s or coverage levels. 23.5 It is agreed upon that the following amounts will be placed on the employees TASC card on October 1st, 2014. 2015 and annually on October 1st for the duration of this contract: Employee only $2,250 Employee with dependents $3,500 47 ARTICLE 24 DISCIPLINE AND DISCHARGE 24.1 The disciplinary actions of the district consisting of: suspensions without pay, involuntary demotions, and dismissals shall be subject to arbitration. 24.2 The district retains the right to discipline any employee for just cause. An employee is not entitled to any particular number of warnings prior to the imposition of discipline. Discipline shall be progressive. The district shall follow the Fire Fighters “Bill of Rights” when conducting investigations that could result in discipline being issued to a bargaining unit employee. 24.3 In determining the appropriateness of discipline, the district shall consider the seriousness and frequency of offenses, the employee's work history, past discipline during the previous sixteen months and any other factor relevant to fair and appropriate discipline. Progressive discipline should be applied unless circumstances require deviating. The district agrees to discipline employees for just and proper cause. 24.4 Disciplinary actions older than sixteen (16) months shall not be considered in determining the appropriateness of discipline. 24.5 An employee shall have the right to an informal hearing prior to the imposition of discipline. At the hearing, the employee shall be informed of the following: (a) (b) (c) The employee's right to representation; The charges under consideration; and The general facts that form the basis of the disciplinary action. 24.6 An employee subject to questioning regarding a disciplinary matter shall be informed of his right to representation except when an employee is questioned at or immediately about the time an incident occurs for the sole purpose of gathering informal facts. 24.7 For the purpose of this Article, one (1) day is equal to twelve (12) hours for 56-hour members and (8) hours for 40-hour per week members. 48 ARTICLE 24 DISCIPLINE AND DISCHARGE 24.8 The following are some, but not all of the listed conducts or offenses prohibited along with the suggested progressive discipline. The penalty for any district infraction shall always consider progressive discipline if the district believes the employee can be rehabilitated. 1. AWOL, 2 or fewer hours: 1st; written warning and no pay for time missed, 2nd; written reprimand and no pay for time missed, 3rd; 1 shift day off and no pay for time missed, 4th; 5 shift days off and no pay for time missed, 5th; dismissal. 2. AWOL, more than 2 hours: 1st; written reprimand and no pay for time missed, 2nd; 1 shift off and no pay for time missed, 3rd; 5 shift days off and no pay for time missed, 4th; dismissal. 3. Personal appearance: 1st; written warning, 2nd; written reprimand, 3rd; 1 shift day off, 4th; 3 shift days off, 5th; dismissal. 4. Gambling (when in violation of Florida Statutes 849): 1st; written reprimand, 2nd; 1 shift day off, 3rd; 3 shift days off, 4th; dismissal. 5. Horseplay- when such activity contributes to the ineffectiveness or injury of the employee, the public, another employee or damage to property occurs: 1st; 1 shift off, 2nd; 3 shift days off, 3rd; dismissal. 6. Battery upon an individual (causing bodily injury): 1st; 3 shifts off up to dismissal, 2nd; dismissal. 7. Unauthorized possession of weapons: 1st; 3 shifts off up to dismissal, 2nd; dismissal. 8. Use of tobacco in unauthorized areas: 1st; written warning, 2nd; written reprimand, 3rd; 1 shift off, 4th; 3 shifts off, 5th; dismissal. 9. Fabricating, destroying, withholding or falsifying evidence, documents or records: 1st; written reprimand up to 1 shift day off, 2nd; 3 shifts off, 3rd; dismissal. 10. Possession, use, being under the influence of any improper substance, whether drugs or alcohol, this conduct shall be read consistent with this agreements Alcohol / Drug testing provisions as set forth in Article 32: 1st; 1 shift off and completion of EAP program, 2nd; dismissal. 11. Endangering the health and safety of others: 1st; written reprimand, 2nd; 1 shift off, 3rd; 3 shifts off, 4th; dismissal. 12. Stealing: 1st; written reprimand up to dismissal, 2nd; dismissal. 13. Placed under arrest for any felony or a misdemeanor relating to misleading of false statements: The district shall have the right to suspend the employee with pay until the charges are resolved. 14. Insubordination: 1st; written reprimand up to 1 shift off, 2nd; 1 to 3 shifts off, 3rd; 5 shifts off; 4th; dismissal. 15. Sexual Harassment: 1st; written reprimand up to dismissal, 2nd; 3 shift off up to dismissal, 3rd; dismissal. 16. Conviction of a felony or misdemeanor relating to misleading and/or false statements or pleading no contest to any charge of a felony. It shall not matter whether or not the employee is formally adjudicated guilty or there is a withholding of adjudication of guilt by the court. Dismissal 49 ARTICLE 25 MILITARY LEAVE 25.1 Employees who are members of any Armed Forces Reserve shall be entitled to all rights as stated in the Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, as amended, and applicable Florida Statutes pertaining to the same. 50 ARTICLE 26 STATION FACILITIES 26.1 Living facilities shall be provided for those employees working, during their assigned shifts or tours of duty. Such facilities shall include: well-ventilated, air-conditioned and adequate sleeping quarters, showers, bathrooms, dining areas, study areas, kitchen, and lounge with color television. 26.2 At each station, one of the above listed areas may serve one or more of the listed functions described above. 26.3 In the event it becomes necessary for the District to modify or change any of the existing living facilities, it shall assure that the total living facilities of each station shall not be reduced below the equivalent of those existing, as of the effective date hereof. 26.4 Employees shall keep fire station or stations and all their quarters in well-maintained appearance. 26.5 All 24-hour employees will be furnished with full size lockers. 26.6 A Union desk / file cabinet, at the expense of the Union, will be allowed at one of the fire stations. All consideration will be given to placing this desk within the boundary of the living quarters as described above. 26.7 The District shall, without cost to the employees, provide adequate and safe parking facilities within reasonable distance of its owned or operated buildings and facilities. 51 ARTICLE 27 PREVAILING RIGHTS 27.1 All rights, privileges, fringe benefits and working conditions enjoyed by the employees shall remain in full force and unaffected, unless changed by mutual consent in writing. 52 ARTICLE 28 GENERAL PROVISIONS 28.1 Meetings between parties: At reasonable request of either party, the Union and the District, shall meet at a mutually agreed-to time and place, to discuss matters that require immediate discussion. This shall not necessarily constitute collective bargaining but shall instead be a forum for both parties to work to resolve issues in good faith for the best interests of all. 28.2 Line of Duty Death: The District agrees to pay all medical and hospitalization insurance coverage for the dependents of an employee who is killed in the line of duty as outlined in Florida State Statutes, Chapter 112, Section l91. 28.3 The District shall defend and hold harmless employees sued as a result of the operations of the District, but only to the extent that the employee is currently covered under the District's liability coverage. 28.4 Anniversary Date: The anniversary date of an employee shall be determined from the first day of his employment provided his employment is continuous. Adjustments shall be made for temporary leaves of absence, that exceeds 6 (six) months granted leave, unless otherwise provided herein. The employee returning from a leave of absence shall have his or her Anniversary Date adjusted to reflect the amount of time he was on leave. 28.5 If any Article or section of this Agreement should be found invalid, unlawful, or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this agreement. 28.6 In the event of invalidation of any Article or section, both the District and the Union agree to meet within thirty days (30) of such determination for the purpose of arriving at a mutually satisfactory replacement for such Article or Section. 28.7 The District will give notice to the Union and permit Union involvement in any discussion or workshop on any services the District may consider with respect to subcontracting services that were previously performed by bargaining unit personnel or are included in their job description. 53 ARTICLE 29 ANNUAL PHYSICAL EVALUATIONS 29.1 The District shall provide all its employees with an annual physical evaluation according to the guidelines and conditions set forth herein. In this regard, regular medical evaluations will be coordinated by an MD or DO who agrees to follow the NFPA 1582 guidelines for Comprehensive Occupational Medical Programs and who is accredited by the American Board of Medical Specialists or the American Osteopathic Association. The District’s Health and Safety Officer will maintain active liaison with the designated MD or DO. With the foregoing in mind, all District employees will be evaluated according to the following schedules for evaluation: I. Basic Annual Evaluation The basic evaluation will include the items listed within this subsection. History and physical exam CBC and urinalysis Chem 12 panel Lipid panel Vision screen PAP smear (women) Immunizations and Infectious disease screen per NFPA 1582(7.11) Work place drug/alcohol testing as required by Florida law and district policy. This test will be undertaken and evaluated as part of the CBC and urinalysis evaluation noted above. II. The following items will be provided every two years for evaluations. Audiogram Spirometry EKG III. Intermittent evaluations PSA (men) annually above 40 years Chest x-ray-Baseline and then every five years unless change in medical status would dictate otherwise Mammograms (women) Baseline (once) between 35 and 40 years Every two years between 40 years and 50 years Every year after 50 years Cardiac stress testing - Treadmill with both EKG and ECHO or isotope imaging Less than 50 years if 2 or more risk factors present: Abnormal lipids, high BP, smoking within last 3 years, diabetes or family history (MI or sudden death in first degree relative After 50 years - Baseline study and then every 5 years if no change in risk factors or symptoms 54 ARTICLE 29 ANNUAL PHYSICAL EVALUATIONS 29.2 Basic Annual Evaluations scheduled through the Districts Physician will be scheduled by The District. 29.3 Basic Annual Evaluations will be scheduled to be completed while personnel are on duty. 29.4 Intermittent Evaluations will be scheduled to be completed while personnel are on duty. ` 55 ARTICLE 30 WAGES Upon the ratification of this agreement the bargaining unit wages shall be as listed below. 30.1 EMT incentives are included in wages as State of Florida or National Registered EMT certification is a requirement of employment. Name Position Roman Heiser Russell Larrimore Tyrrell Wentz Rossman Cook Simer Brant Kerr Welchman Guerin Adema Greer McQuade Oake Farries Johnson Barr Bussscher Davis Hotwagner Butler Russ Cicoria Crouse Tellin Mollica Inspector Mechanic Captain Captain Captain Engineer Engineer Engineer Engineer Engineer Engineer Engineer Engineer Engineer Engineer Engineer Engineer Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Firefighter Base 1415 Ann 14-15 $18.00 $23.24 $29.12 $26.82 $25.48 $23.51 $22.42 $21.41 $20.40 $18.64 $18.64 $18.64 $18.27 $18.27 $18.27 $18.27 $18.27 $18.02 $15.74 $15.44 $14.99 $14.99 $14.97 $14.97 $14.67 $14.97 $13.96 $13.96 $13.96 $37,440.00 $48,339.20 $87,068.80 $80,191.80 $76,185.20 $70,294.90 $67,035.80 $64,015.90 $60,996.00 $55,733.60 $55,733.60 $55,733.60 $54,627.30 $54,627.30 $54,627.30 $54,627.30 $54,627.30 $53,879.80 $47,062.60 $46,165.60 $44,820.10 $44,820.10 $44,760.30 $44,760.30 $43,863.30 $44,760.30 $41,740.40 $41,740.40 $41,740.40 *Annual hours are calculated as follows: 2,080 = 40 hours per week times 52 weeks 2,990 = 53 hours at straight time plus 4.5 O.T. (3 hours at time and ½) times 52 weeks 30.1 Compensation shall be paid to 56-hour Bargaining Unit employees based on their Individual Position (Firefighter, Engineer, or Captain) and their accreditation as an EMT or Paramedic in accordance with the following Step Plan: 56 ARTICLE 30 COMPENSATION 30.1 Compensation shall be paid to 56-hour Bargaining Unit employees based on their Individual Position (Firefighter, Engineer, or Captain) and their accreditation as an EMT or Paramedic in accordance with the following Step Plan: MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT FY 2016 STEP PAY PLAN BARGAINING UNIT 56 Wk'ly Hour Positions (2,990 Annual hours equals 52 weeks times 57.5 hours (53 straight-time plus 4.5 OT (3 x 1.5)) STEP Year 1 (entry) 2 (1st Anniv) 3 (2nd Anniv) 4 (3rd Anniv) 5 (4th Anniv) 6 (5th Anniv) 7 (6th Anniv) 8 (7th Anniv) FF/EMT Annual Hourly Rate Rate 43,000.00 $ 14.38 44,247.00 $ 14.80 45,530.16 $ 15.23 FF/PARAMEDIC ENG/EMT Annual Hourly Hourly Rate Rate Annual Rate Rate 45,392.00 $ 15.18 55,935.97 $ 18.71 46,708.37 $ 15.62 57,558.11 $ 19.25 48,062.91 $ 16.07 59,227.30 $ 19.81 ENG/PARAMEDIC Annual Hourly Rate Rate 58,327.97 $ 19.51 60,019.48 $ 20.07 61,760.05 $ 20.66 CAPT/EMT Annual Hourly Rate Rate 72,348.09 $ 24.20 74,446.18 $ 24.90 76,605.12 $ 25.62 CAPT/PARAMEDIC Annual Hourly Rate Rate 74,740.09 $ 25.00 76,907.55 $ 25.72 79,137.87 $ 26.47 46,850.54 48,209.20 49,607.27 51,045.88 52,526.21 49,456.74 50,890.98 52,366.82 53,885.46 55,448.13 63,551.09 65,394.07 67,290.50 69,241.92 71,249.94 78,826.67 81,112.64 83,464.91 85,885.39 88,376.07 81,432.87 83,794.42 86,224.46 88,724.97 91,297.99 $ $ $ $ $ 15.67 16.12 16.59 17.07 17.57 $ $ $ $ $ 16.54 17.02 17.51 18.02 18.54 60,944.89 62,712.29 64,530.95 66,402.35 68,328.02 $ $ $ $ $ 20.38 20.97 21.58 22.21 22.85 $ $ $ $ $ 21.25 21.87 22.51 23.16 23.83 $ $ $ $ $ 26.36 27.13 27.91 28.72 29.56 $ $ $ $ $ 27.24 28.02 28.84 29.67 30.53 2.90% Percent between STEPS 2,392.00 Additional annual Pay for Paramedic over EMT (currently $0.80/hour or $2,392 annually) in STEP 1, then 2.9% between STEPS 3,409.76 Engineer/EMT Upgrade over FF/EMT maximum 4,020.07 Captain/EMT Upgrade over Engineer/EMT maximum For the purposes of establishing the above STEP Plan (base pay), each employee’s current education level, and time within their position were used to classify them within their respective step. Once the step level for an employee has been determined, the incentives that are possessed by the employee that are available to them according to Article 21 (Incentives) are paid separately from the base pay. Added to the new step plan rate. Incentives that are required to hold a specific job title, that is or are already included within the STEP Plan for a position, are not used in determining an employee’s base pay.new gross income Advancement through the STEPS will be based on a minimum one-year increment (Time) plus the following educational/certification requirements to be completed during the one-year increment or as soon thereafter as the employee completes the education requirements for advancement to the successive STEP. The following charts reflect the education/certification requirements for each position’s STEP advancement requirements: FIREFIGHTER From To 1 2 Requirements for Advancement in Step-Plan Time + Probationary Skills Test 2 3 Time + Courage To Be Safe (on-line course) 3 4 Time + Fire Tactics I (FFP 1810) 4 5 Time + ICS 100 and ICS 200 5 6 Time + Fire Service Hydraulics class (FFP 1301) 6 7 Time + Fire Apparatus Operations Class (FFP 1302) 7 8 Time + Florida State Certified Pump Operator 57 ARTICLE 30 ENGINEER From To 1 2 Requirements for Advancement in Step-Plan Time + Removal from Probation (Sign-off By Captain) 2 3 Time + Florida Boater’s Safety Card or Florida Captain’s License 3 4 Time + Building Construction Class (FFP2120) 4 5 Time + Fire Instructor I State Certification (FFP1740) 5 6 Time + ICS 700 and ICS 800 6 7 Time + Company Officer Class (FFP2720) 7 8 Time + Florida State Certified Fire Officer I CAPTAIN From To 1 2 Requirements for Advancement in Step-Plan Time + Firefighting Tactics and Strategies II (FFP2811) 2 3 Time + Private Fire Protection Systems I (FFP1540) 3 4 Time + ICS 300 (PD4022) 4 5 Time + SERP (RN9572) 5 6 Time + Fire Prevention Practices (FFP 1505) 6 7 Time + Fire Service Course Design (FFP2741) 7 8 Time + Florida Certified Fire Officer II and State Certified Inst. II 30.2 Compensation shall be paid to 40-hour Bargaining unit Employees based on their individual position (Inspector or Mechanic) in accordance with the following STEP Plan: MATLACHA/PINE ISLAND FIRE CONTROL DISTRICT FY 2016 STEP PAY PLAN BARGAINING UNIT 40 Wk'ly Hr Positions (2,080 annual hrs) STEP Year 1 (entry) 2 (1st Anniv) 3 (2nd Anniv) 4 (3rd Anniv) 5 (4th Anniv) 6 (5th Anniv) 7 (6th Anniv) 8 (7th Anniv) Inspector Annual Hourly Rate Rate 37,440.00 $ 18.00 38,525.76 $ 18.52 39,643.01 $ 19.06 40,792.65 $ 19.61 41,975.64 $ 20.18 43,192.93 $ 20.77 44,445.53 $ 21.37 45,734.45 $ 21.99 Mechanic Annual Hourly Rate Rate 38,000.00 $ 18.27 39,102.00 $ 18.80 40,235.96 $ 19.34 41,402.80 $ 19.91 42,603.48 $ 20.48 43,838.98 $ 21.08 45,110.31 $ 21.69 46,418.51 $ 22.32 2.90% Percent between STEPS 58 ARTICLE 30 Advancement through the Steps will be based on a one-year increment (Time) plus the following educational/certification requirements to be completed during the one-year increment or as soon thereafter as the employee completes the education requirements for advancement to the successive step. The following charts reflect the education/certification requirements for each position’s STEP advancement requirements: MECHANIC From To Requirements for Step Advancement 1 2 Time + EVT Fire App. Tech 1 2 3 Time + EVT Fire App. Tech 2 3 4 Time + EVT Fire App. Tech 3 4 5 Time + ASE Cert 1 5 6 Time + ASE Cert 2 6 7 Time + ASE Cert 3 7 8 Time Only INSPECTOR From To Requirements for step advancement. 1 2 Time + Origin & Cause Class (FFP2610) 2 3 Time + Fire Chemistry Class (FFP2111) 3 4 Time + Fire Protection Systems II (FFP2541) 4 5 Time +Fire & Life Safety Education level I (FFP1793) 5 6 Time + Fire Safety Inspector 2 Certification 6 7 Time + Fire & Life Safety Education Level II (FFP2794) 7 8 Time + Arson Investigator 1 30.3 All certifications must be maintained once achieved in order to retain STEP placement. In the case that an employee should allow a certification to expire, recertification must be completed within 90 days of expiration date. After the 90 days the employee will be adjusted to the STEP for which the employee is qualified. Once the employee regains the certification they shall be placed back into the their original STEP before being adjusted. 30.3A All employees shall provide the Certificates of Completion for classes required for STEP advancement to District management by AUGUST 1 of each year. 30.4 In the case that a bargaining members EMT certification lapses the district will allow six months to be re-certified for the State of Florida EMT certification (or higher). After the six month the employee may be terminated. In case that no local EMT classes are being offered within that six months time frame, the employee shall be allowed to enroll in the next available local EMT class. From the date of completion of that class the employee shall have 60 days to obtain a State of Florida EMT certification. After the six month the employee may be terminated. 59 ARTICLE 30 30.5 Implementation of STEP plan (1) The STEP in which the employee is placed shall be the minimum STEP placement for that employee. They must maintain all educational certifications in which they held at the time in which they were placed into their respected STEP. (2) If an employee has been placed in the STEP higher than the educational level or years of service due to the amount of their current salary, the employee can advance within the STEP within their current rank as long as all classes and required certifications prior to their STEP level have been obtained. (3) The STEP in which a current employee is placed will be the lowest possible STEP for that employee, provided they maintain all certifications that were used to place them in their respected STEP. 30.6 Current bargaining members who are already above the max step “Above STEP 8” for their position shall receive a three percent pay increase to be added to their base pay for in the first year the fiscal year 2015/2016 only fiscal year of this Collective Bargaining Agreement. 30.7 During the second and third years of this Collective Bargaining Agreement, COLA adjustment to the STEP plan and to the employees which have salaries that are above the max STEP for their positions. 30.8 COLA will be calculated pursuant to the Bureau of Labor Statistics, COLA will be adjusted with the minimum of two percent and the maximum of four percent. COLA adjustments will be applied with the first full perior after October 1st. 30.7 For the fiscal year 2015/2016 all employees who are placed into the step plan (Not “Above STEP 8”) and eligible for a pay increase greater than fifteen hundred dollars ($ 1,500) shall receive half (50%) in the 2015/2016 fiscal year and the other half in the 2016/2017 fiscal year. This will cause certain employees to not be on a particular STEP in Fiscal Year 2015-16, but will be brought into STEP in Fiscal Year 2016-17 and then be eligible for a STEP advancement. 30.10 Implementation of the second and third years of the step plan: Year 2 (FY 2017) o Any employee not “on STEP” in Year 1 (FY 2016) shall be brought “on STEP” (see 30.7 above) o All eligible employees advance one STEP (2.9% increase) Year 3 (FY 2018) o o 30.9 All eligible employees advance one STEP (2.9% increase) If Holiday Pay (12 hours @ straight-time) is negotiated during the “compensation opener” per Article 33, it would be paid to 56-hour employees in Year 3 of this Contract. STEP Advancement pay shall be applied to pay rates on a fiscal year basis with the first full pay period of each fiscal year. 60 ARTICLE 31 ALCOHOL/DRUG TESTING 31.1 The Matlacha/Pine Island Fire Control District shall require compliance of the “Drug Free Workplace” as authorized in Florida Statute Sections 440.101, 440.102 and Chapter 59A-24 of the Florida Administrative Code. 31.2 The District and bargaining unit members or non-members agree to support the substance abuse policy adopted by the District in 1994, and set forth in its Administrative Guidelines and incorporated by reference herein.. 31.3 This Article shall be read consistent with Article 29. 61 ARTICLE 32 PROMOTION / ACTING OUT OF CLASSIFICATION 32.1 Engineer Firefighters desiring to promote to engineer shall complete the following objectives: 1. Work as a full time Matlacha/Pine Island Fire Control District fire fighter for no less than 3 years; if these are less than the required number of qualified candidates then the Chief may amend at his/her discretion. 2. Attain the certification of “Pump Operator”, as defined by the Florida State Fire College. 3. Attain the certification of “Tactics and Strategies”, as defined by the Florida State Fire College. 2. Attain/Maintain all required firefighter educational STEP qualifications or equivalent. 3. Failure to maintain the promotion requirements which were the basis for promotion will result in demotion. District or outside testing agency. The employee shall receive a score for these requirements by the 4. Pass a written, practical and oral exam from the Matlacha/Pine Island Fire Control department or outside testing agency. The department shall test for the engineer’s position as needed, and said list shall be rated by the overall score and valid for a one-year period. A minimum score of 70 percent is required on each test. 5. The Chiefs and Captains may select from the top three highest overall scoring candidates to fill the vacancy. 32.2 Captain Engineers or firefighters desiring to promote to Captain shall complete the following objectives: 1. A t t a i n / m a i n t a i n a l l r e q u i r e d f i r e f i g h t e r a n d e n g i n e e r e d u c a t i o n a l S T E P requirements or equivalent. Candidates with an accredited Associates degree or higher will take preference. Attain the certification of “Fire Officer 1”, as defined by the Florida State Fire College. 2. F a i l u r e t o m a i n t a i n t h e p r o m o t i o n r e q u i r e m e n t s w h i c h w e r e t h e b a s i s f o r p r o m o t i o n w i l l r e s u l t i n d e m o t i o n . Attain the certification of “Basic Instructor”, as defined by the Florida State Fire College. 3. Work as a full time Matlacha/Pine Island Fire Control District engineer or firefighter for a total of 6 years no less than 3 years; if thesr are less than the required number of qualified candidates then the Chief may amend at his discretion. 4. Pass a written, practical and oral exam from the Matlacha/Pine Island Fire Control District or outside testing agency. The department shall test for the Captains position as needed and said list shall be rated by score and valid for a one-year period. A minimum score of 70 percent is required on each test. 5. The Chiefs and Captains may select from the top three highest overall scoring candidates to fill the vacancy. 32.3 Notice of competitive examination for promotion shall be posted at all District stations at least SIXTY (60) days prior to such examinations and such notices shall include the following information: 1. Date and time of examination. 2. Location of examination. 3. Title and edition of reference books that the test questions will come from. 4. The ranks being tested for. 62 ARTICLE 32 PROMOTION / ACTING OUT OF CLASSIFICATION 32.4 Any time there is a need for either overtime or acting out of classification the department shall assure the employee meets the requirements as listed in the Administrative Guidelines. 32.5 Any time an employee works out of classification he shall be compensated with a 5 % increase in pay for those hours worked. Working out of classification shall begin with the most senior and be evenly distributed amongst the employees both willing and qualified to act. 32.6 Employees qualified to act shall be eligible for overtime for that position. Overtime shall be distributed as described in 33.5. 32.7 Employees that are promoted shall be placed on promotional probation for 6 12 months. During this time the employee shall be allowed to work overtime and exchange shifts. Promoted employees shall receive a 5 % increase in pay or be moved to the starting pay for that position; whichever is higher. 32.8 In the event the district can not fill an overtime need on a rank for rank or acting out of rank classification, the district may offer the acting out of pay classification at a 2 ½% 5% increase on the hourly wage to the next most qualified person. This shall be based primarily on certification and then by time. 32.9 In the event an employee should have a certification lapse, a six month grace period will be Given to allow the employee to regain the certification. No punitive action will be taken in that time frame. 32.10 An accredited Associates degree is not mandatory to be able to work out of title as a Captain. 63 ARTICLE 33 DURATION OF AGREEMENT 33.1 This collective bargaining agreement shall be effective upon ratification of both parties. This agreement shall remain in full effect and unchanged from year to year unless amended in the manner herein after provided. This contract will expire on September 30th, 2015. 2018. The articles contained in this agreement shall remain in full force until renegotiated. 33.2 Either party wishing to amend shall notify the other party in writing by February 1st of each year, and shall include the article to be opened. During the first and second and third years of this collective bargaining agreement each side may open up to two articles (re-openers). Wages Compensation, Incentives and Holiday Pay (Articles 30, 21, 16, respectively) shall automatically reopen each year for renegotiation and shall not be counted as a re-opener. 33.3 If the parties do not reach an agreement by the contract expiration, the existing terms and conditions shall continue until a new agreement is reached or impasse is resolved. All financial items that are agreed to after the expiration of this agreement shall be paid in full back to said date. Negotiations shall commence within 30 calendar days of the notification described in article 31. 64 ~£t.b!~ MA TLACHA/PINE ISLAND FIRE CONTROL DISTRICT 5700 PINE ISLAND ROAD BOKEELIA, FLORIDA 33922-3132 PHONE: 239-283-0030 FAX: 239-283-3313 [email protected] December 15, 2014 Memorandum of Understanding between: Matlacha/Pine Island Fire Control District and Southwest Florida Professional Firefighters and Paramedics, Local 1826 District 13 It is the understanding between the Matlacha/Pine Island Fire Control District and Local 1826, District 13 that the following sections of Article 34 effective October 1, 2014 and ratified October 22, 2014 be made effective December 15, 2014. 34.1 Sufficient personnel shall be maintained on duty and available for response to emergencies. Sufficient firefighters shall be maintained to provide a minimum of 7 employees on duty at all times except as otherwise provided for in subsections 34.4 and 34.5 of this Article. 34.4 Under current normal District scheduling, there are 8 persons per shift. In the event that a position cannot be filled because of short notice leave (less than72 hours), the minimum staffing shift number may be reduced to 7 persons. All other provisions of this section will remain effective October 1, 2014. JNWITNW WHEREOF, the parties have set their signatures this A.D. 20J!4-. For the District: , For the Union: ·z 'Z ,,,v-,.£d• day of ARTICLE 34 MINIMUM STAFFING 34.1 Sufficient personnel shall be maintained on duty and available for response to emergencies. Sufficient firefighters shall be maintained to provide a minimum of 8 7 employees on duty at all times except as otherwise provided for in subsections 34.4 and 34.5 of this Article. 34.2 If sufficient personnel are not available to meet the minimum staffing requirements, the adequate number of firefighters shall be retained or recalled on overtime, as described in Article 17. 34.3 Minimum staffing levels shall be as follows: All staffing will be full time paid district employees. a. One Captain or qualified acting Captain if a Captain is not available. b. Two T h r e e Engineers or quali fied acting Engi neers will be on duty at all times and the third engineer position can be filled with a qualified acting engineer if a third engineer is not available. c. The balance shall be filled with full time firefighters. 34.4 Under current normal District scheduling, there are 9 8 persons per shift. In the event that a position cannot be filled because of short notice leave (less than72 hours), the minimum staffing shift number may be reduced to seven (7) persons. 34.5 Short notice leave shall be decided by the Captain for purposes of minimum staffing unless circumstances would require the Chief to exercise his discretion to direct otherwise. ARTICLE 35 ENTIRE AGREEMENT 35.1 The parties acknowledge that, during the negotiations, which resulted in this Agreement, each had the right and opportunity to make proposals with respect to subjects or matters not removed by law from the area of collective bargaining. The understandings and agreements arrived at, by the parties after the exercise of such right and opportunity are set forth in the Agreement. 35.2 This Agreement may be amended by mutual agreement of the parties at any time. Any amendment must be in writing and signed and ratified by duly authorized representatives and its members of the parties before it will be effective. 35.3 The District and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and agrees, that the other shall not be obliged to bargain collectively, with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject matter may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated this Agreement, unless otherwise provided for herein. ARTICLE 36 RATIFICATION IN WITNESS WHEREOF, the parties have set their signatures this __________day of ______________________________, A.D. 2015. FOR THE DISTRICT: FOR THE UNION: ___________________________ Ken Cox, Chairman ________________________________ Troy Mesick, Vice President ___________________________ Benjamin Mickuleit, Deputy (Acting) Fire Chief _________________________________ George Barr, District 13 Vice President Ratified by the bargaining unit this _________ day of _____________________, 2015. ________________________ (signature) George Barr, District 13 Vice President (name & title) Ratified by the Matlacha/Pine Island Fire Control District Commission the day _______ of ___________________, 2015. _________________________ (signature) Ken Cox, Chairman (name & title)