Agenda 12/11/2012 Item #16E 812/11 /2012 Item 16.E.8.
EXECUTIVE SUMMARY
Recommendation to approve the 2012 -2015 Collective Bargaining Agreement between Collier
County and the Collier EMS/ Fire Bargaining Unit, Southwest Florida Professional Firefighters
Local 1826, International Association of Firefighters, Incorporated.
OBJECTIVE: For the Board of County Commissioners to approve the 2012 -2015 Collective
Bargaining Agreement with the Collier County EMS/Fire Bargaining Unit, Southwest Florida
Professional Firefighters Local 1826, International Association of Firefighters, Incorporated ( "Local
1826").
CONSIDERATIONS: The County commenced negotiations with Local 1826 this past June to
establish a new Collective Bargaining Agreement ( "CBA "). After several months of negotiation, the
parties reach a tentative agreement in September but the Local 1826 bargaining unit failed to ratify that
proposal when put to a vote. The County and Local 1826 reconvened on October 30, 2012, and
reached an agreement that was subsequently ratified by the bargaining unit on November 21, 2012.
See Written Notice from Local 1826 confirming its ratification.
The proposed CBA is a three year contract that runs from the date of approval by the Board through
September 30, 2015. The Agreement does not provide for any increase in annual wages but allows for
the possibility of a Cost of Living Adjustment and/or Merit pay in the event that other County
employees receive such pay adjustments. With the exception of a couple of Articles, most of the
revisions from the previous CBA primarily involved further clarification of existing language.
The most notable revision was to Article 32, Staffing, which involved changing the starting time for
ground transport units from 8:30 a.m. to 8:00 a.m. The earlier start time promotes the public interest
by avoiding EMS shift changes at 8:30 a.m., which historical data shows as having a greater frequency
of emergency calls. A copy of the entire CBA is attached for the Board's review.
FISCAL IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners: (1) approve the Collective
Bargaining Agreement with the Southwest Florida Professional Firefighters Local 1826, International
Association of Firefighters, Inc., as endorsed by the EMS/ Fire Chief and staff, and (2) authorize the
Chairman to execute the attached Collective Bargaining Agreement.
Prepared By: Walter Kopka, Chief of EMS/ Fire and Scott R. Teach, Deputy County Attorney
Attachments: (1) Collective Bargaining Agreement, (2) Ratification Letter from Local 1826.
Packet Page -3905-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.8.
12/11/2012 Item 16.E.8.
Item Summary: Recommendation to approve the 2012 -2015 Collective Bargaining
Agreement between Collier County and the Collier EMS/ Fire Bargaining Unit, Southwest Florida
Professional Firefighters Local 1826, International Association of Firefighters, Incorporated.
Meeting Date: 12/11/2012
Prepared By
Name: FrancoMaria
Title: Administrative Assistant, EMS
11/28/2012 8:34:16 AM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 11/28/2012 9:17:32 AM
Name: KopkaWalter
Date: 11/28/2012 10:10:57 AM
Name: SummersDan
Title: Director - Bureau of Emergency Services,
Date: 11/28/2012 12:36:12 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 11/30/2012 8:54:19 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 11/30/2012 11:50:46 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/30/2012 1:45:22 PM
Packet Page -3906-
12/11/2012 Item 16.E.8.
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 11/30/2012 3:47:15 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 11/30/2012 5:03:25 PM
Packet Page -3907-
12/11/2012 Item 16.E.8.
CONTRACT BETWEEN
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AND
SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS
LOCAL 1826
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, INC.
Effective Dates: December 11, 2012- September 30, 2015
Packet Page - 3908 --
12/11/2012 Item 16.E.8.
TABLE OF CONTENTS
ARTICLE1 PREAMBLE ............................................................................... ..............................1
ARTICLE2 RECOGNITION .................................:.............................:........ ..............................3
ARTICLE 3 MANAGEMENT RIGHTS ....................................................... ..............................4
ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS . ..............................7
ARTICLE5 NON DISCRIMINATION ......................................................... ..............................8
ARTICLE 6 DUES DEDUCTION .................................................................. ..............................9
ARTICLE 6 -- EXHIBIT 1 ........................................................ .............................12
ARTICLE 7 JOB BANK EMPLOYEES ....................................................... .............................13
ARTICLE 8 SENIORITY ............................................................................. .............................15
ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE ........... .............................18
ARTICLE 10 PERSONNEL REDUCTION .............................24
.................................................
ARTICLE 11 PROMOTIONS/REASSIGNMENT WITHIN UNIT
.......... .............................26
ARTICLE 12 HOURS OF WORK AND OVERTIME ................................
.............................28
ARTICLE 13 — A SICK LEAVE ....................................................................
.............................31
ARTICLE 13 — B PERSONAL LEAVE ........................................................
.............................38
ARTICLE 14 VACATION LEAVE ..............................................................
.............................39
ARTICLE 15 LEAVES OF ABSENCE .........................................................
.............................44
ARTICLE 16 BEREAVEMENT /JURY DUTY/WITNESS DUTY ............
.............................48
ARTICLE 17 MILITARY LEAVE ...............................................................
.............................51
ARTICLE 18 SHIFT EXCHANGE ...............................................................
.............................53
ARTICLE 19 HOLIDAYS .................... ............................... .....................
.............................55
ARTICLE 20 WAGES & INCENTIVES .....................................................
.............................57
ARTICLE 21 BENEFIT OPTION PLAN .....................................................
.............................59
Packet Page -3909-
?00114,
12/11/2012 Item 16.E.8.
ARTICLE 22 RETIREMENT PLAN ............................................................ .............................61
ARTICLE 23 TUITION REIMBURSEMENT ............................................ .............................62
ARTICLE 24 OUTSIDE ACTIVITIES ........................................................ ............:................64
ARTICLE 25 BULLETIN BOARD SPACE ................................................ .............................65
ARTICLE 26 UNION BUSINESS AND UNION TIME BANK ................. .............................66
ARTICLE 27 UNIFORMS AND EQUIPMENT .......................................... .............................69
ARTICLE 28 MISCELLANEOUS ................................................................ .............................73
ARTICLE 29 HEALTH AND SAFETY ....................................................... .............................75
ARTICLE 30 ALCOHOL AND DRUG TESTING ..................................... .............................78
ARTICLE 31 STATION FACILITIES ......................................................... .............................87
ARTICLE 32 STAFFING .............................................................................. .............................89
ARTICLE 33 SPECIAL EVENTS ................................................................. .............................91
ARTICLE 34 EDUCATIONAL INCENTIVES ........................................... .............................92
ARTICLE35 LICENSURE ........................................................................... .............................93
ARTICLE 36 IN- SERVICE /CONTINUIG EDUCATION TRAINING ... .............................94
ARTICLE 37 OUT -OF -TOWN TRANSFERS AND TRAVEL .................. .............................96
ARTICLE 38 MEDICAL QUALITY ASSURANCE .................................. .............................97
ARTICLE 39 SAVINGS CLAUSE ................................................................ .............................98
ARTICLE 40 EMPLOYEE RECOGNITION AND REWARD PROGRAMS .....................99
ARTICLE 41 LABOR/MANAGEMENT TEAM ........ ............................... ............................100
ARTICLE 42 DURATION ............................................................. ............................... ......101
APPENDICES........................................................... ...............................
104
Packet Page -3910-
ART_
PREAMBLE
Section 1,1— Parties
12/11/2012 Item 16.E.8.
In accordance with Chapter 447, Part II of the Florida Statutes, this Agreement is entered
into by and between Collier County Board of County Commissioners (hereinafter "BCC,"
"County," "EMS/Fire," or "Emergency Medical Service/Fire Department ") and the Southwest
Florida Professional Firefighters, Local 1826, International Association of Firefighters, Inc.
(hereinafter, "Union ").
Section 1.2 — Purpose
It is the intended purpose of this Agreement to achieve and maintain harmonious
relations between the County and the Union. It is contemplated that this Agreement will serve
the public interest by maximizing the efficiency and productivity of employees and providing
fair treatment and compensation, and provide a procedure for the resolution of claims that this
Agreement has been violated by either party.
Section 1.3 — Responsibility
The Union further recognizes the responsibilities imposed upon it as the exclusive
bargaining agent of the Employees who are covered by this Agreement. The Union recognizes
that in order for the County to provide maximum opportunities for the continuing employment
and good working conditions, the County must be in a strong position, which means it must do
business at the lowest possible cost consistent with fair labor standards. Therefore, the Union,
through its bargaining position, assumes a joint responsibility in the attainment of the
aforementioned goals and agrees it will cooperate with the County through its agents and
designated stewards by supporting the County's efforts to achieve a fair day's work by the
1
Packet Page -3911-
12/11/2012 Item 16.E.8.
employees covered by this Agreement, to actively combat absenteeism, slowness, and all other
practices by employees which restrict or tend to restrict productivity.
Packet Page -3912-
ARTICLE 2
RECOGNITION
Section 2.1— Unit Description
12/11/2012 Item 16.E.8.
The County hereby recognizes the Union as the exclusive bargaining agent for all
employees of the County as certified by the Florida Public Employees Relations Commission in
Case No. RC -99 -027, Cert. No. 1273, October, 1999.
The appropriate bargaining unit is comprised of full -time and job bank employees in the
following classifications:
INCLUDED: Emergency Medical Technician
Paramedic
Paramedic/Firefighter
Helicopter Pilot
Lieutenant (Company Officer)
Lieutenant (Company Officer)/Paramedic /Firefighter
EXCLUDED: Managerial Employees
Confidential Employees
All employees not specifically included in the above - described unit.
Section 2.2 —Job Bank Employees
The County reserves the right to hire job bank employees to perform bargaining unit
work, provided that the County will not use job bank employees to fill regular, budgeted full-
time positions while employees are laid off and eligible for and subject to recall under Article 10.
The number of job bank employees will not exceed 18% of the total number of full time
bargaining unit employees.
K
Packet Page -3913-
12/11/2012 Item 16.E.8.
ARTICLE 3
MANAGEMENT RIGHTS
Section 3.1— Specific Rights
The management of the Emergency Medical Service ("EMS/Fire") and the direction of
its work force, including but not limited to the exclusive rights to determine whether all or any
part of the operations covered by this Agreement shall commence, cease, continue, reduce or
increase; to eliminate the operation or any part thereof, to change station locations; to increase or
decrease the number of stations; to establish or eliminate battalions; to assign or reassign
personnel within or among battalions or within or among shifts or stations on a temporary or
permanent basis, consistent with the Agreement; and to establish new jobs; to abolish or change
existing jobs; to increase or decrease the number of jobs or employees; to change materials,
processes, products, service, equipment, work schedules and methods of operation; to introduce
new materials, equipment, services or facilities; to assign work to be performed; to establish and
modify job descriptions; to assign and require employees to work overtime; to establish and
change hiring procedures; to set the work schedules consistent with the Agreement; to evaluate
and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or
change EMS/Fire policies, procedures, rules of conduct, orders, practices, directives and other
operational procedures, policies and guides not inconsistent with this Agreement; to establish the
standards of conduct and work of employees; to establish or change operational standards; to
determine the services to be provided by the EMS/Fire; to discipline, demote or discharge
employees for proper cause; to lay off employees from duty for lack of work or for other
legitimate reasons; to establish requirements for employment; to promote employees and to have
4
Packet Page -3914-
12/11/2012 Item 16.E.8.
complete authority to exercise those rights and powers incidental thereto, including the right to
alter or vary past practices as may be necessary for the orderly and efficient operation of the
EMS /Fire, shall all be vested exclusively in the County, subject only to such restrictions
governing the exercise of these rights as are expressly and specifically provided in this
Agreement.
The County's failure to exercise any right hereby reserved to it or its exercising any right
in a particular way shall not be deemed a waiver of its right to exercise such right nor preclude
the County from exercising the same right in some other way not in conflict with the express
provisions of this Agreement.
Section 3.2 — Reserve Rights
There shall be complete regard for the right, responsibilities and prerogative of County
management under this Agreement. This Agreement shall be so construed that there shall be no
diminution or interference with such rights, responsibilities and prerogatives, except as expressly
modified or limited by this Agreement.
Section 3.3 — Civil Emergency
If, in the sole discretion of the Chair of the County Commission, or if unavailable, the
Vice Chair, or if unavailable, the County Manager, it is determined that a civil emergency
condition exists, including but not limited to riots, civil disorders, hurricane conditions or other
catastrophes, the provisions of this Agreement may be suspended by the County during the time
of the declared emergency, provided that wage rates and monetary fringe benefits shall not be
suspended.
5
Packet Page -3915-
12/11/2012 Item 16.E.8.
Section 3.4 — Incidental Job Duties
It is understood by the parties that every incidental duty connected with the operations
enumerated in job descriptions is not always specifically described and employees, at the
discretion of management, may be required to perform other job related duties not specifically
contained in their job description.
Section 3.5 — Policy Changes
The County agrees to provide notice to the Union's Field Representative, in writing
(which includes electronic communication), of any change in EMS/Fire policies, procedures
(e.g., General Orders, SOG's, SOP's) or rules of general application prior to implementation,
which would affect members of the bargaining unit. If the written notice affects wages, hours of
work or terms of employment, absent exigent circumstances the Union will have fourteen (14)
calendar days from the date of the notice or, if no notice was given, from the date the Union's
Field Representative became aware of any proposed change, to file any objections to the
proposed changes with the County, which shall consider the objections before making its final
decision. The objections, if any, will be filed with the EMS/Fire Chief or designee.
Section 3.6 — Desienee
Unless a specific Section of the Agreement states to the contrary, the Director of the
Bureau of Emergency Services is a designee of the Emergency Medical Services/Fire
Department.
Section 3.7 — Impact Bareaining
Nothing contained in this Article shall be interpreted as a waiver of the Union's right to
bargain over any impacts the exercise of these rights may have on wages, hours and/or terms and
conditions of employment.
6
Packet Page -3916-
12/11 /2012 Item 16.E.8.
ARTICLE 4
STRIKE PROHIBITION AND WORK REQUIREMENTS
Section 4.1— Strike Prohibition
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 County's operations. Each employee who holds a position with the Union also
occupies a position of special trust and responsibility in maintaining and bringing about
compliance with this Article and the strike prohibition of Section 447.505, Florida Statutes and
the Constitution of the State of Florida, Article 1, Section 6.
Section 4.2 — Discipline Recognized
Any and all employees who violate any provision of the law prohibiting strikes or this
Article shall be disciplined, up to and including discharge, by the County.
Section 4.3 — Remedies
It is expressly agreed and understood that in the event of a strike, the County may,
in addition to other remedies available to it under law, petition a court of competent jurisdiction
for appropriate injunctive relief, and/or cancel this Agreement. If this Agreement is cancelled as
a result of a strike, the parties agree that the County has all the rights it had prior to the time the
Union was certified and that it may make unilateral changes in wages, hours or terms and
conditions of employment.
7
Packet Page -3917-
12/11/2012 Item 16.E.8.
—ARTICLE 5
NON DISCRIMINATION
Section 5.1— Union/Non -Union Activity
There shall be no discrimination, interference, restraint, or coercion by the County
against any employee for activity on behalf of, or membership in, the Union. There shall be no
discrimination, interference, restraint or coercion by the Union or any Union member against any
employee because of that employee's refusal to join the Union or participate in Union activity.
Section 5.2 — Protected Class
Employee rights as provided by local, state and /or federal law are hereby recognized;
provided that allegations of discrimination based on race, sex, religion, national origin, disability,
age or color or any other current or future protected class will be resolved in the appropriate
court or administrative agency and not under Article 9, Grievance and Arbitration Procedure.
s
Packet Page -3918-
ART_
DUES DEDUCTION
Section 6.1— Authorization
12/11/2012 Item 16.E.8.
The County, through the Office of the Clerk of the Court of Collier County, shall deduct
from the pay of all Union members who authorize such deduction, the monthly dues payable to
the Union. The County reserves the right to bill the Union for the cost of dues deduction if the
Clerk of the Court charges the County for this service.
Section 6.2 — Deduction
Payroll deduction shall be accomplished in equal shares on the first and second pay
period of each month. The County will only be responsible for deducting dues associated with
the 26 paycheck schedule. There is no obligation for the County to deduct dues from specially
prepared checks, such as early vacation pay.
Section 6.3 — Form
Employees desiring the dues deduction shall authorize it by completing an appropriate
form prescribed by the County. The form is attached hereto as Exhibit 1.
Section 6.4 — Indemnification
The Union agrees to indemnify the County and the Clerk of the Court, and hold them
harmless, from and against any liability, real or asserted, of any kind or nature whatsoever, to
any person or party, on account of the County or the Clerk's compliance or efforts to comply
with this Article. Neither the County nor the Clerk of the Court has any obligation to inform
employees of the amount of Union dues or change of such dues.
9
Packet Page -3919-
12/11/2012 Item 16.E.8.
Section 6.5 — Certification of Dues Amount
It shall be the Union's obligation to keep the County at all times informed, by
certification by the Secretary/Treasurer of the Union, of the amount of the uniform dues. Pay
will only be deducted for employees who comply with Section 1 of this Article and who
authorize deduction of dues by executing Exhibit 1.
Section 6.6 — Transmission of Dues to Union
The monthly transmission of dues money to the Union will be accompanied by a list of
names of employees affected, and the amount transmitted with regard to each.
Section 6.7 — Limitation on Deductions
No deductions will be made at any time for any monies representing fines, fees, penalties,
or special assessments.
Section 6.8 — Effective Date of Deduction
The obligation to commence making deductions on account of any particular
authorization shall become effective with respect to the calendar month following the month in
which the authorization is received, provided it is received on or before the 20th of the month by
the County.
Section 6.9 — Cancellation
Any employee may withdraw from membership in the Union at any time upon 30 days
written notice to the County and the Union. Upon receipt of such notification, the County shall
terminate dues as soon as practical.
Section 6.10 — Role of Collier County Clerk of Court
It is understood that the Clerk . of the Court is a Constitutional Officer and is not subject to
control by the Collier County Board of County Commissioners. Preparation of the County's
10
Packet Page -3920-
12/11/2012 Item 16.E.8.
payroll and Union dues deduction is a service provided by the Collier County Clerk of the Court.
Therefore, the County is neither responsible nor liable for failure to withhold Union dues or
mistakes made in dues deduction by the Clerk's Office. The County will work with the Union to
correct any mistakes made by the Clerk's Office.
Section 6.11— Good and Welfare Fund
A good and welfare fund will be established with a portion of Union dues collected for
Local 1826A.A.F.F., Inc., District 14 members.
11
Packet Page -3921-
100-N.
12/11/2012 Item 16.E.8.
ARTICLE 6 -- EXHIBIT I
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
AUTHORIZATION FOR PAYROLL DEDUCTION OF UNION DUES
I hereby authorize the Collier County Board of County Commissioners, through the Clerk
of the Court of Collier County, 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., and
further authorize the remittance of such amounts to said local Union in accordance with the
currently effective Agreement between the County and the Union. This authorization is
revocable by a notice in writing to the Collier County Board of County Commissioners.
I hereby waive all rights and claims for said monies so deducted and transmitted in accordance
with this authorization and, further and separately, relieve the County and the Clerk, and the
respective agents and employees of each from any liability therefor.
NAME
SOCIAL SECURITY NUMBER
SIGNATURE
DVP SIGNATURE
DATE
AUTHORIZATION TO STOP PAYROLL DEDUCTION OF UNION DUES
I hereby authorize the Collier County Board of County Commissioners, or its agent, to stop
deducting the sum which was designated and current by the Treasurer of Local 1826/I.A.F.F.,
Inc. from my wages.
NAME
SOCIAL SECURITY NUMBER
SIGNATURE
DVP SIGNATURE
DATE
12
Packet Page -3922-
12/11/2012 Item 16.E.8.
ARTICLE 7
JOB BANK EMPLOYEES
Section 7.1 —Job Bank Employees
The County reserves the right to hire job bank employees to perform EMT and Paramedic
duties bargaining unit work, provided that a job bank Paramedic will not be in charge of a unit.
The County will not use job bank employees while there are qualified full -time employees on
lay-off eligible for recall.
Section 7.2 — Pay
Job bank employees shall not be permitted to work more than one hundred sixty -eight
(168) hours in any pay period. The County agrees to maintain records of the number of hours
that job bank employees work; if a job bank employee has an excess of one hundred sixty -eight
(168) hours and knowingly accepts more hours they may be disciplined. A Union representative
will have access to payroll records to ensure compliance. The job bank employee must notify
the County if the offered hours will cause them to exceed the one hundred sixty -eight (168) hour
maximum. Job bank employees will be paid at the rate set forth in Article 20. Benefits, except
to the extent required by law, or as outlined by this Agreement, will not be paid to job bank
employees.
Section 7.3 — Not Covered by Contract
Job bank employees are covered by all Articles of this Agreement unless the Article or
Section specifically excludes job bank employees.
13
Packet Page -3923-
12/11/2012 Item 16.E.8.
Section 7.4 — Schedule
Job bank employees are required to post availability for the subsequent month by the 2001
day of each month. Job bank employees have the right to refuse any days for the subsequent
month as long as they are available for at least eight (8) shifts per month. Job bank employees
are not eligible for any type of leave benefit.
Job bank employees are required to be available to work three (3) of the five (5) holiday
shifts between Thanksgiving and New Year each year (Thanksgiving Day, Day after
Thanksgiving, Christmas Eve, Christmas Day and New Years Day).
14
Packet Page -3924-
12/11/2012 Item 16.E.8.
ARTICLE 8
SENIORITY
Section 8.1- Definition
Seniority is defined as continuous, regular service with Collier County EMS/Fire and is
that time actually spent on active payroll plus those periods specified in Section 2 of this Article.
The seniority date shall be an employee's last date of hire in Collier County EMS/Fire. If two or
more employees have the same EMS/Fire date of hire, relative seniority will be determined by
the last four digits of the employees' social security numbers, with the lowest number the most
senior. It is agreed that the seniority provisions of this Agreement shall not apply to employees
who have not completed their probationary period; however, upon the satisfactory completion of
his/her probationary period the employee will be entered on the seniority list as of the original
date of hire. For purposes of this Article, Article 10 and the Vacation Section under Section 14.3,
seniority for a job bank employee who becomes a regular full -time employee will begin on the
date of hire as a job bank employee, following completion of probation. Seniority does not apply
to benefit accruals or for any other purpose under this Agreement.
For bid purposes employees that work on a ground ambulance will base their seniority on
their original date of hire, as calculated by Section 8.2. For employees that participate in
specialty programs or within the firefighter classifications, their seniority will be based on the
first date that the employee started working in that program; in the event acceptable
documentation of the start date is unavailable, seniority will revert to the original date of hire.
15
Packet Page -3925-
rW
12/11/2012 Item 16.E.8.
Section 8.2 — Calculation of Seniority
In computing an employee's seniority, the following periods of time shall be included:
A. Approved leaves of absence.
B. Vacation periods.
C. Periods of temporary layoff for a regular employee up to six (6) months.
D. Periods of illness or accident up to one (1) year.
E. Qualifying periods of service in the Armed Forces of the United States.
F. Leave granted under the Family Medical Leave Act.
Section 8.3 — Loss of Seniority
Unless otherwise stated, an employee shall be terminated and shall lose all accumulated
seniority if.
A. He /She voluntarily quits.
B. He /She is discharged and not reinstated with full benefits.
C. He /She has been continuously laid off for a period of more than six (6) months.
D. He /She fails to return to work on the date designated in a notification to return to
work following layoff.
E. He /She fails to return to work at the end of any period specified in Section 8.2.
Section 8.4 — Probationary Period
The first twelve (12) months of employment with Collier County EMS/Fire shall be
considered probation. If an employee is promoted within the first six (6) months of their
employment, they will not be considered off probation until after receiving a "meets expectations
or above" or other comparable evaluation that is performed immediately prior to the expiration
of their first twelve (12) months of employment. This probationary period may be extended up
16
Packet Page -3926-
12/11/2012 Item 16.E.8.
to three (3) months. If an employee is promoted after the first six (6) months of their
employment, the promoted employee has a six (6) month probationary period from the date of
that promotion.
Section 8.5 — Annual Seniority List
The County shall provide by October 1 ' of each year, a seniority list of regular full -time
employees in the bargaining unit. The seniority list shall be based as previously defined in this
Article, Section 8.2. The seniority list shall be used as required for the basis of action under
other articles of this Agreement. The seniority list shall be conclusively presumed accurate
unless challenged by the Union within fourteen (14) calendar days of its receipt by the Union.
Section 8.6 Veterans' Preference Seniority for Lay-off and Recall
Veterans' Preference will apply in all layoffs and recalls. The preference will be as
follows: for each full year of active military service the employee will receive one (1) month
credit toward the calculation of seniority.
17
Packet Page -3927-
12/11/2012 Item 16.E.8.
ART_
GRIEVANCE AND ARBITRATION PROCEDURE
Section 9.1— Purpose
In a mutual effort to provide a harmonious working relationship, 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 a specific term of this.
Section 9.2 Grievance
A. For the purpose of this Agreement, a grievance is defined as a dispute, claim or
complaint that any employee or group of employees may have as to the interpretation,
application, and/or alleged violation of some express provision of this Agreement which is
subject to the Grievance Procedure.
B. The Union or employee may abandon or settle a grievance. Grievances settled
under this Article shall be non - precedent setting and cannot be offered as evidence or as
precedent in any subsequent arbitration case unless the Union and the County mutually agree in
writing that the grievance is precedent setting.
C. No grievance can be amended or supplemented after the initial management
response at Step 1 without the written consent of the Emergency Medical Services/Fire Chief.
D. There is no duty to arbitrate any grievance where the factual basis of the
grievance occurred prior to the execution of this Agreement or after the expiration of this
Agreement.
18
Packet Page -3928-
12/11/2012 Item 16.E.8.
Section 9.3 — Risht of Individuals to A Just Grievance
Nothing in this Agreement shall be construed to prevent any employee from presenting,
at any time, his/her own grievance in person and having such grievances adjusted; provided the
adjustment is not inconsistent with the terms of this Agreement. If the grieved employee
requests Union representation, the grievant will notify the Emergency Medical Services/Fire
Chief or designee. It is the responsibility of the grievant to notify the Union of any meeting
called for the resolution of such grievances.
Section 9.4 — General
A. A reasonable 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. Any grievance shall be considered settled at the last
level considered if the grievant fails to timely process the grievance.
B. The Union will not be required to process grievances for employees who are not
members of the Union, but may be present at any meeting where the grievance may be settled.
The County shall notify the Union of any such meeting.
C. Except in exceptional circumstances (i.e., when the employee's presence or
continued presence on County property may create a danger to County employees or the public),
an employee shall have the right to an informal meeting prior to the implementation of discipline
without pay, disciplinary demotion, or termination. At least forty -eight (48) hours prior to any
such meeting, the employee will receive written notice of the time and place of the meeting.
Section 9.5 — Requirements of Written Grievance
All grievances, as outlined above, must be in writing and must contain the following
information:
19
Packet Page -3929-
12/11/2012 Item 16.E.8.
(1) Article and Section of the Agreement alleged to have been violated;
(2) A full statement of the grievance, giving facts, dates and times of events,
and if possible, specific violations. The grievance shall also contain the
remedy or adjustment desired;
(3) Signature of aggrieved employee and date signed;
(4) Signature of the Union representative (must be a designated official or
his/her designee) if the grievant requests Union representation;
(5) A class grievance may be filed when a single issue applies to more than
one employee and in such cases the elected employee representative or
Principal Officer must sign the grievance form.
Any grievance not containing the above information set above may be processed through
the grievance procedure but shall not be subject to arbitration absent the mutual consent of the
parties.
Section 9.6 — Steps
Grievances shall be processed in accordance with the following procedures:
STEP 1: The grievant shall present in writing his/her grievance to his/her
immediate supervisor within fourteen (14) calendar days of the occurrence of the action
giving rise to the grievance, with an email copy to the EMS Chief. Discussions will be
informal for the purpose of settling differences in the simplest and most effective manner.
The supervisor shall reach a decision and communicate in writing to the grievant within
fourteen (14) calendar days from the date the grievance was presented. Failure of the
supervisor to timely respond shall be considered a denial of the grievance and shall entitle
the grievant to appeal to Step 2.
STEP 2: If the grievance is not settled at Step 1, the grievant, within seven (7)
calendars days of the answer in Step 1, may present it to the Chief of Emergency Medical
Services/Fire. The Emergency Medical Services/Fire Chief shall investigate the alleged
20
Packet Page -3930-
12/11/2012 Item 16.E.8.
grievance and may conduct a meeting with the grievant. The Emergency Medical
Services/Fire Chief shall notify the aggrieved employee of the decision no later than
seven (7) calendar days following receipt of the grievance at Step 2. Failure of the
Emergency Medical Services/Fire Chief to timely respond shall be considered a denial of
the grievance and shall entitle the grievant to appeal to Step 3.
STEP 3: If the grievance is not settled in Step 2, the grievant, within seven (7)
calendar days of the answer in Step 2, may present the written grievance to the Director
of the Bureau of Emergency Services (the "Director "). The Director shall investigate the
alleged grievance and may conduct a hearing or meeting with the grievant. The Director
shall notify the aggrieved employee in writing of the decision not later than seven (7)
calendar days following the submission of the grievance at Step 3. Failure of the Director
to timely respond shall be considered a denial of the grievance and shall entitle the
grievant to appeal to Step 4.
STEP 4: If a grievance, as defined in this Article, has not been satisfactorily
resolved within the grievance procedures, the grievant may request arbitration in writing
to the Human Resource Department no later than seven (7) calendar days after the
response is received.
Section 9.7 — Arbitration
Whenever the aggrieved employee requests arbitration in accordance with the provisions
of Section 9.6, the grievant may request the Federal Mediation and Conciliation Service to
submit a panel of seven (7) arbitrators. The request must be made within fourteen (14) calendar
days of the denial of the grievance at Step 3. Arbitrators shall be selected from such panel by
alternately striking names from this list (the grievant shall strike first) until the last name is
21
Packet Page -3931-
12/11/2012 Item 16.E.8.
reached. The Union reserves the sole authority over whether to proceed to arbitration on a
particular grievance.
Section 9.8 — Rules Applicable to Grievance /Arbitration
The following general rules are applicable to this Article:
A. The arbitrator shall not have the power to add to, subtract from, modify, or alter
the terms of this Agreement.
B. The arbitrator shall have no power to establish wage scales, rates of pay for new
jobs, or to change any wage, except when the wage being paid is in violation of the Agreement,
or when he /she is otherwise specifically empowered to do so by both parties.
C. The arbitrator shall have only the power to rule on grievances arising under this
Agreement, as defined under Section 9.2 and which comply with the requirements of Section 9.4,
1/� Section 9.5, and the time limits established by this Article.
D. The arbitrator shall determine each dispute in accordance with the terms of this
Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no
Submission Agreement, then the arbitrator will rely on the grievance under Step I of Section 9.6.
E. The arbitrator shall not receive into evidence nor rely upon any past practices that
occurred prior to the date of execution of this Agreement.
F. The arbitrator's sole authority with regard to monetary awards is the award of
back pay and lost benefits of a monetary value. No interest, costs or other damages of any type
whatsoever may be awarded.
G. There is no duty to arbitrate any grievance where the factual basis of the
grievance occurred prior to the execution of this Agreement or after the expiration of this
Agreement.
22
Packet Page -3932-
12/11/2012 Item 16.E.8.
Section 9.9 — Appeals
The ruling of the arbitrator shall be final and binding on the Union, on all bargaining unit
employees and on the County; provided, however, that the arbitrator's decision is not outside or
beyond the scope of the arbitrator's jurisdiction and authority as set forth in this Agreement.
Section 9.10 — Costs
The costs of the arbitration, including the costs of the arbitrator and all court reporter
fees, shall be borne by the losing party. Each side desiring a transcript will pay for it. Expenses,
including wages for witnesses, shall be borne by the party calling them.
23
Packet Page -3933-
W
12/11/2012 Item 16.E.8.
ARTICLE 10
PERSONNEL REDUCTION
Section 10.1— Lavoff Procedure
In the event of a layoff, the County will declare a surplus by classification. The County
will consider a number of relevant factors in determining selection of individuals for layoff, with
the public interest to be of prime importance. Factors to be considered include, but are not
limited to:
A. Conduct/disciplinary record for the last thirty -six (36) months of current
employment term, with exclusion of Records of Conversations (ROC's);
B. Attendance record for the last thirty -six (36) months; and
C. Seniority.
As between two employees, if the County, in its sole discretion, determines factors A, B
and C are relatively equal at the time of layoff, seniority shall prevail.
Section 10.2 — Recall
Recall will be in reverse order of layoffs. No new bargaining unit employees will be
hired by the County in a classification until all members of the bargaining unit who were laid off
in that classification within the prior six (6) months are offered recall. Within three (3) work
days of a certified receipt date, laid off employees must signify in writing, their intention of
returning to work, to the Emergency Medical Services/Fire Chief or designee. Failure to respond
to the notice within the prescribed time limits previously stated, or failure to report on the date
designated, shall constitute a resignation by the employee.
24
Packet Page -3934-
"S"
12/11/2012 Item 16.E.8.
Section 10.3 — Eligibility for Recall
To remain eligible for recall, the employee must possess all licenses and
certifications required for the job and be physically and mentally able to perform the essential
functions of the job, consistent with the Americans with Disabilities Act. Laid off employees
will be allowed to attend the Medical Directors in- services and all renewal certifications classes
required of CCEMS/FIRE employees if space is available. Said employees will not be
financially compensated for their attendance. The laid off employee will be responsible to pay
the fee of recertification (i.e. ACLS and BLS), if any.
25
Packet Page -3935-
12/11/2012 Item 16.E.8.
ARTICLE 11
PROMOTIONS/REASSIGNMENT WITHIN UNIT
Section-1 1.1 — Definition
A promotion/reassignment is defined as either movement from a lower rank to a higher
rank within the bargaining unit (i.e. Paramedic to Lieutenant/Company Officer) or movement
into a specialty assignment (i.e., FTO, Med Flight, SORT). Promotions /reassignment to a rank
or position outside the bargaining unit is not covered by this Agreement.
Section 11.2 — Selection
A.' Promotions /reassignments are offered in an effort to recognize and reward an
employee for permanent acceptance of increased responsibilities.
1. The selection process shall at least consist of the following components:
a. Written Examination taken from materials published in a list to candidates 30
days prior to testing.
b. An oral interview.
B. Within five (5) days of the close of testing, a candidate list shall be posted listing
the employees ranked in order of final results. The Chief may suspend a person's position on the
list based on documented significant operational or training deficiencies.
C. Following the initial promotions from the promotional list, the Iist shall remain active
for a period of twelve (12) months or until all names have been exhausted.
Section 11.3 — Pay Upon Promotion/Reassignment
Upon promotion/reassignment to a classification with a higher pay grade, the employee
shall receive at the County's discretion, a pay increase between one percent (1 %) and no greater
26
Packet Page -3936-
12/11/2012 Item 16.E.8.
than ten percent (10 %), which amount, shall not be less than the base salary of the new position,
and shall not exceed the maximum pay of the new classification.
27
Packet Page -3937-
I/0"�N
12/11/2012 Item 16.E.8.
ARTICLE 12
HOURS OF WORK AND OVERTIME
Section 12.1— Work Schedule
Regular full -time employees in the bargaining unit will work one of the following
schedules:
A. Twenty -four (24) hours on duty followed by forty -eight (48) hours off duty in a
repeating rotating schedule. Non - seasonal units established after the date of this Agreement will
be assigned to twenty -four (24) hour shift, within the limits of available staffing.
B. Twelve (12) hours on duty followed by twelve (12) hours off duty with the
number of days as scheduled by the County; provided that the current twenty -four (24) hour
units will not be permanently converted to twelve (12) hour units during the term of this
�-� Agreement. Helicopter Pilots, employees assigned to seasonal units, out -of -county transfer,
special events, and inter - facility transport units may be assigned to shifts of less than twenty -four
(24) hours.
C. Eight (8) hours on duty for five (5) consecutive days.
Section 12.2 — Overtime Pay
Regardless of shift assignment, employees will be paid overtime as required by the Fair
Labor Standards Act. Except as otherwise provided herein, leave time, whether paid or unpaid,
will not be counted as time worked for overtime purposes.
Section 12.3 — Overtime AssiLynitient
Overtime shall be awarded according to a Mandatory Overtime and Scheduled Overtime
Distribution General Order. Employees shall have the ability on the EMS/FIRE scheduling
program to elect the hours and/or specific portions of a twenty -four (24) hour shift or for a
dedicated qualifying event they are available to work voluntary overtime. Employees may be
28
Packet Page -3938-
12/11 /2012 Item 16.E.8.
mandated outside of those hours selected if management is unable to secure someone off the
voluntary list, or the employee finds their own coverage.
Section 12.4 — Maximum Continuous Hours
At no time shall an employee be permitted to work more than fifty (50) hours in any
rolling ( "continuous ") seventy -two (72) hour period, unless being held past the fifty (50) hour
mark is due to a late call, or is the result of an emergency. The employee will be given a
minimum of twelve (12) hours off following working 48 hours or 50 continuous hours. Should
the employee choose to work a previously scheduled detail it will be permitted.
Section 12.5 — Workweek
The workweek will begin on Saturday and end on a Saturday 168 hours later.
Section 12.6 — Early/Late Report
Employees who are held over beyond their normal work shift shall accumulate hours
worked in one - quarter hour increments rounded to the next nearest quarter hour. Employees
called in to work earlier than normally scheduled in conjunction with a scheduled work day, shall
be paid in increments of one - quarter (1/4) hour. Employees who report to work late will receive
no pay for the time missed, rounded to the nearest one - quarter (1/4) hour increment.
Section 12.7 — Bargaining Unit Work
Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any
way restricting Collier County EMS/Fire non - bargaining unit members from performing
bargaining unit work on a temporary basis. This Section will not be utilized to allow the County
to subcontract out Units nor to permit replacement of bargaining unit personnel with employees
of a partnership agency, except when the non - Collier personnel are working on County vehicles
as part of the ALS Engine Program, Single Vehicle Response Program, SORT team, Interlocal
Agreements, or other similar program.
29
Packet Page -3939-
12/11/2012 Item 16.E.8.
Section 12.8 — Pilot Assignment
Helicopter Pilots who are unable to fly due to helicopter maintenance will report to work
for their normal shift and be assigned other duties or flight work as assigned by the Chief for the
duration of their shift, and therefore not suffer any loss of pay as the result of those conditions
outside their control. Pilots may be utilized to assist the mechanic with the starts required for
helicopter repair or perform other aviation - related duties. In the event the helicopter is out of
service due to maintenance for periods longer than forty-eight (48) consecutive hours, Pilots may
be provided alternative assignments as determined by the Chief, provided there is no training
scheduled for Med Flight personnel during these extended periods when the helicopter is down
due to maintenance. When Med Flight is unable to fly due to changes in the weather conditions,
Pilots will remain assigned to their normal work hours and shall continue to report to H.O.C. to
n be available to run calls when the weather changes.
30
Packet Page -3940-
12/11/2012 Item 16.E.8.
ARTICLE 13 — A
SICK LEAVE
Section 13.1– Eligibility
All regular and probationary employees shall be entitled to accrue and use accumulated
sick leave with pay from the date of hire. Job bank employees do not accrue sick leave benefits.
Section 13.2 – Accrual of Sick Leave
A. Regular employees hired after September 30, 1993 shall accrue hours of sick
leave on the following schedule:
40/42 -hour
3.69 hours
per biweekly
a eriod
56 -hour
5.17 hours
per biweekly
a eriod
B. Regular employees hired on or before September 30, 1993, shall accrue hours of
sick leave on the following schedule:
40/42 -hour
4.62 hours
per biweekly
a eriod
56 -hour
6.47 hours
per biweekly
a eriod
C. Regular employees may' accrue an unlimited number of sick leave hours
throughout their County career.
D. Employees hired from Constitutional Officer agencies without a break in
continuous service or with a break in service of less than 30 days may transfer their accumulated
sick time. The date of hire with the Constitutional Officer agency shall determine the sick leave
accrual rate with the County.
E. Sick leave shall be accrued on the basis of regular hours worked, earned vacation
leave taken, earned sick hours taken, holiday hours, and military leave.
31
Packet Page -3941-
12/11/2012 Item 16.E.8.
F. Leave without pay and hours in excess of forty (40) hours, forty -two (42) hours,
or fifty-six (56) hours average per week, as applicable, are excluded from sick leave accrual.
Section 13.3 — Use of Sick Leave
A. The minimum charge for sick leave shall be one half (1/2) hour units.
B. Sick leave may be granted for the following purposes:
I. Personal illness or injury.
2. Employees assigned to eight (8) hour shifts may use sick time for
appointments with medical, dental or other recognized practitioners for
consultation or treatment when such appointments cannot be scheduled during
non -work hours. Employees assigned to a twenty-four (24) hour shift may use
sick leave for such appointments when a medical emergency exists.
3. . Serious illness and/or disability in the employee's immediate family where
the employee's presence is necessary to provide care, for 'ap to two (2) 24 -hour
shifts, or two (2) 12 -hour shifts, or three (3) 8 -hour shifts for any one incident.
For purposes of this Section, immediate family is defined as spouse, children,
brother, sister, parents, or loco parentis.
4. Disabilities arising out of pregnancy, childbirth, and recovery shall be
treated as other temporary, non job connected disabilities in terms of eligibility
for sick leave, vacation, or leave of absence.
5. Employees must use all of their sick time prior to using short term or long
term disability.
C. Notification and Proof of Illness.
32
Packet Page -3942-
12/11/2012 Item 16.E.8.
1. The employee shall be responsible for notifying the EMS Battalion Chief
on duty or Chief Pilot two (2) hours or more before the start of the shift on each
day of absence. Failure to provide timely notice will be cause for denial of sick
leave pay for the period of time.
2. Upon management's request, employees may be required to supply proof
of sickness, injury or disability, including that of the employees' spouse, loco
parentis, child or parent and the appropriate proof that the employees' presence is
required, by submitting, at their own expense, a prescription or receipt showing
payment that medical services were rendered:
(a) After five (5) non - consecutive sick leaves during any rolling 12-
month period; or
(b) When there is a pattern or practice of sick leave usage; or
(c) When there is a basis to form a reasonable suspicion that
the sick leave is being abused.
The employee has the right to blackout personal information on the
receipt, including the name of the medication.
3. When an employee has had an illness which requires hospitalization or
results in absence from work for more than two (2) consecutive shifts or more
than five (5) consecutive days, whichever is greater, the employee shall provide a
doctor's note stating that the employee may return to work to be eligible for sick
leave pay.
4. When out on leave for medical reasons, an employee is required to first
use all accrued sick leave prior to using leave without pay. With management's
33
Packet Page -3943-
12/11/2012 Item 16.E.8.
approval, the employee may use vacation leave or compensatory time (pilots), if
sick leave is exhausted prior to being placed on leave without pay.
5. In cases of accident or injury, a medical leave may be granted without
prior notice.
Section 13.4 — Sick Leave Pav UDOn Separation
A. Active employees of record who had a minimum of two (2) years of service as of
August 2, 1996, had the balance of their sick leave calculated and given a dollar value as of the
end of the workday of August 2, 1996, as follows:
• Total hours sick leave accrued X percent allowed upon separation (see chart
below) = hours to be paid.
% PAID AT
Wears EARS OF SERVICE SEPARATION
rs but less than 5 ears 20%
rs but less than 10 ears 25%
ars but less than 15 ears 35%
ars but less than 20 ears 40%
s 50%
B. Upon separation, each employee's total accrued sick leave will be calculated and
valued in the same manner again. Employees who are separated from County employment due to
misconduct, job abandonment or violations of the Code of Ethics shall not be entitled sick leave
pay upon separation.
C. No employee hired after August 2, 1994, shall receive payment for accrued sick
leave upon separation.
D. The maximum amount of sick leave hours that may be paid to an employee at
termination is 1040 hours.
34
Packet Page -3944-
12/11/2012 Item 16.E.8.
E. Regular full -time employees who are laid off from County service shall have the
option of receiving payment for sick leave at the time of layoff as provided in this Section or
retaining eligible accrued sick leave hours for a period of six (6) months.
F. In the event an employee is separated because of death, sick leave shall be paid in
the final paycheck as calculated above.
Section 13.5 — Attendance Incentive Plan.
The County's Attendance Incentive Plan in effect for all other County employees will
continue to be available to bargaining unit employees. Any change in the Plan will be applicable
to bargaining unit employees and is not subject to the grievance procedure.
Section 13.6 — Sick Leave Bank
The County shall establish an EMS/Fire Employee Sick Leave Bank separate from the
County Sick Leave Bank for use by all Collier County Emergency Medical Services bargaining
unit employees as outlined in this Section.
A. An employee having used all of his/her vacation and sick hours due to absence
resulting from a serious illness, accident or disability may receive a donation from the Sick
Leave Bank as hereinafter provided. Employees out as the result of a worker's compensation
injury may not be considered for Sick Leave Bank usage. To be eligible to participate, the
employee must be a regular full -time employee and have completed the initial probationary
period.
B. An employee must contribute initially at least eight (8) hours of accrued sick
leave or vacation to participate in the Sick Leave Bank program. Donations to the Sick Leave
Bank must be authorized by the employee by completing and signing the Sick Leave Bank
Donation Form. The EMS/Fire Chief and the District 14 DVP will review the Sick Leave Bank
35
Packet Page -3945-
1/'`
110—N
12/11/2012 Item 16.E.8.
balance and determine if sufficient time is available. Every year on October Ist, a notice will be
sent to all employees requesting donations be made to the Sick Leave Bank. If donations are
needed, employees who wish to continue their participation in the program will donate the
requested time. The donated time will only be in eight (8) hour blocks. All participating
employees will contribute the same number of hours.
C. The EMS/Fire Chief or the District 14 DVP may request the establishment of a
leave bank account for an employee. The request shall be submitted in writing to the Sick Leave
Bank Committee, which shall consist of three (3) members: one bargaining unit member chosen
by the District 14 DVP, one bargaining member selected by the EMS/Fire Chief, and the
EMS/Fire Chief serving as the third Committee member. The written request shall be submitted
to the Sick Leave Bank Committee, who shall then meet or communicate as soon as possible to
review the request. The decision of the Committee will be final and not subject to the Grievance
and Arbitration Procedure.
D. Use of leave from the Sick Leave Bank shall not exceed three (3) calendar
months. Exceptions to this rule, which would permit the approval of up to another three (3)
months of Sick Leave Bank usage, can be approved by the Sick Leave Bank Committee.
E. As long as the employee is in a pay status, the County will maintain its
contributions to the health insurance program for that employee.
F. Employee donations to the Sick Leave Bank will not impact their eligibility for
the Attendance Incentive Program.
G. An employee receiving paid leave from the leave bank as a result of the
employee's own serious health condition, defined as an illness, injury, or impairment, physical or
mental condition, that involves inpatient care in a hospital, hospice, or residential medical care
36
Packet Page -3946-
12/11/2012 Item 16.E.8.
facility or requires continuing medical treatment by a health care provider shall be considered to
be on medical leave. Such leave shall be counted against the employee's leave entitled in
accordance with the Family and Medical Leave Act of 1993 (FMLA)
ON
Packet Page -3947-
ARTICLE 13 — B
PERSONAL LEAVE
Section 13.1 -B Personal Leave
12/11/2012 Item 16.E.8.
All full -time County employees will be eligible for sixteen (16) personal leave hours with
pay per calendar year.
A. The personal leave hours will be credited at the employee's time of hire.
B. Personal leave hours shall not be accrued or be transferred to any other leave account
and shall be forfeited by the employee if not used during the calendar year.
C. Employees who resign, are laid off, or are otherwise separated or discharged from
County Service shall not be entitled to be paid for any unused personal leave balance.
D. The minimum charge for personal leave shall be in one half (1/2) hour units.
E. Personal leave may be used by the employee to conduct personal business. Personal
leave may be used to observe the Good Friday holiday, subject to attaining approval from the
employee's supervisor at least two (2) weeks in advance from the day of the holiday. Staffing
requirements and the ability to serve the public shall be considered in approving the leave
request.
F. Supervisors may require at least five (5) days advance notice if an employee wishes to
use personal leave.
38
Packet Page -3948-
ARTICLE 14
VACATION LEAVE
Section 14.1— Accrual
12/11/2012 Item 16.E.8.
Employees shall accrue vacation hours according to the following schedule:
LENGTH OF SERVICE
YEARLY
VACATION HOURS
ACCRUAL PER
PAY PERIOD
WORK WEEK
WORK
WEEK
40
56
40
56
0 — end of 2 Years
80
120
3.08
4.615
3 — end of 6 Years
120
168
4.616
6.464
7 — end of 20 Years
160
240
6.152
9.23
21+ Years
200 1
288
7.616
11.08
Employees accrue vacation hours from their first day of full -time employment but are not
eligible to use vacation time for the first six (6) months of their employment. The maximum
number of vacation hours an employee is permitted to accrue is 480. Vacation leave in excess of
480 hours will be automatically converted to sick leave. If at the time of separation the
employee has more than 320 hours of vacation only 320 hours will be reimbursed by the County.
Section 14.2 — Selection
Employees may select vacation dates for one or more shifts before December 1St for the
period February 1 through January 31 of the next year. Vacation dates shall be selected in this
time frame shall be granted to employees based on seniority.
Section 14.3 — Maximum
A. Except as hereinafter provided, the County shall allow up to six (6) 12/24 -hour
bargaining unit employees off duty on vacation leave per shift; additional leave may be granted
at the Chief s discretion.
39
Packet Page -3949-
12/11/2012 Item 16.E.8.
B. During the Holiday periods set forth in Section 14.6, only four (4) bargaining unit
employees may be off duty on vacation leave per shift. Two additional bargaining unit
employees may be allowed off -duty on vacation, provided they find their own coverage, with the
Chief's approval.
C. Pilots shall schedule vacation, with the approval of the Chief Pilot, provided that
no more than one pilot, including the Chief Pilot, can be on vacation at any time. The Chief Pilot
will select vacation first.
D. Employees scheduling vacation time under this Section during the November to
January period will be locked in for the dates granted as of February 1 st.
Section 14.4 — Increments
Vacation leave for 24 -hour shift employees must be taken in minimum of twelve (12)
hours at any time if the County is to be responsible to locate and secure coverage for the
employee. Employees on twelve (12) and eight (8) hour shifts can take vacation in six (6) or
four (4) hour increments, respectively. Employees may use vacation in one (1) hour increments
provided the employee finds their own overtime coverage. The employee working the overtime
must agree to do so in writing. If the employee who agreed to work the overtime fails to work it
for any reason, he will be charged one and one -half (1 1/2) vacation hours for each hour the
employee failed to work, unless they find an acceptable replacement. In the event the employee
scheduled to work the overtime fails to do so and provides a prescription or a doctor's receipt as
proof of illness, the employee will not be charged for the hours not worked. The Rules
Governing Shift Exchanges and Procedures under Sections 18.8 and 18.3 respectively will apply
to this Section.
40
Packet Page -3950-
12/11/2012 Item 16.E.8.
Section 14.5 — Vacation Pay Upon Separation
Employees who are separated for any reason will be paid for accrued but unused hours,
not to exceed 320 hours, at the employee's rate of pay at the time of separation.
Section 14.6 — Vacation Leave During Holiday Periods
No employee shall be granted vacation leave during the same holiday period in two
consecutive years; unless no other employee requests vacation for the same period the second
year. For the purposes of this Section, holiday periods shall be defined as follows:
HOLIDAY
VACATION PERIOD INCLUDED IN THIS SECTION
Fourth of July
Jul I" through
July 7th
Thanksgiving
Tuesday in November prior to Thanksgiving
through the Sunday in November after
-Thanksgiving
Christmas
I December 21
through December 28
New Year's I
December 29
through January 2"
Employees who are granted vacation leave during one of the periods listed above will not
be granted vacation leave in the same period in the following year, unless no one requests the
shift during the annual vacation request period, then the process becomes first come first served.
Section 14.7 — Shift Chanties
Employees who are required to change shifts by the County and who have been approved
for vacation leave prior to the change of shift, will be granted the same time frame for vacation
leave on their new shift. Vacation leave will be honored even if granting the leave causes more
employees to be off for that period than is allowed in Section 14.3. Employees who are granted
a shift exchange at the employee's request that had been approved for vacation leave prior to the
change in shift will be granted the same time frame on their new shift, provided there is a
vacation slot(s) available.
41
Packet Page -3951-
12/11/2012 Item 16.E.8.
11 �
Section 14.8 — Use of Vacation for Sick Leave
In addition to scheduled use under Section 14.3, with the prior approval of the
Emergency Medical Services/Fire Chief or designee, accrued vacation leave may be used for
uncovered portions of sick leave if all sick leave has been exhausted.
Section 14.9 — Non- Scheduled Vacation Request
A. Employees who submit requests for vacation outside the provisions of Article
14.2 shall be granted vacation on a first -come, first- served basis, subject to the limitations of
Section 14.3. Requests under this Section must be received seven (7) days prior to the beginning
of the shift for which the employee is requesting vacation. Any requests less than seven (7) days
may be approved by the employee's Deputy Chief or designees.
B. Employees experiencing last minute personal situations requiring immediate
attention, may, with the approval of their Deputy Chief, utilize vacation time to handle the
situation. Such approval may not exceed twenty -four (24) hours in length and must be taken in
minimum one -hour increments. Deputy Chiefs may, at their discretion, require proof from the
employee of the need for the last- minute vacation leave upon the employee returning to work.
Section 14.10 — Chanze in Schedule
Employees who are moved from a forty (40) hour per week schedule to a fifty -six (56)
hour per week schedule, and vice versa, shall have their accrual rate for vacation leave hours
adjusted either up or down as Iisted above, beginning with the first work day on the new
schedule. All accrued vacation hours earned and not yet used prior to the date of the shift change
shall remain intact, unadjusted and available for the employee to use on an hour - for -hour basis
per the guidelines of this Article.
42
Packet Page -3952-
12/11/2012 Item 16.E.8.
Section 14.11— Vacation as Time Worked
Time off' on vacation leave will count as time worked for overtime purposes.
Section 14.12 — Vacation Sell -Back
Members of the bargaining unit are eligible to participate in the County's Vacation Sell-
Back program.
Section 14.13 — County Policy
The County Administrative Procedure regarding vacation leave, holidays and all other
leave, whether paid or unpaid, is not applicable to employees covered by this Agreement.
Section 14.14 — Approved Leave Start Time
An employee's approved leave, to include shift exchange begins at the end of the shift
prior to an approved leave or shift swap. The leave or shift exchange must be in excess of 12
hours.
43
Packet Page -3953-
no
ARTICLE 15
LEAVES OF ABSENCE
Section 15.1— Leave of Absence
12/11/2012 Item 16.E.8.
Upon written request from a regular full -time non - probationary employee and
recommendation from the Emergency Medical Services/Fire Chief, the County, in its sole
discretion, may grant a leave of absence, without pay, to regular, full -time employees for a
maximum of three (3) months. Leave without pay will not be granted unless the employee has
exhausted his/her vacation leave and compensatory time and, where appropriate, sick leave. No
employee can work for another employer while on leave of absence from the County.
Temporary and job bank employees are not eligible for leaves of absence under this Article.
Section 15.2 — Purpose
Such leaves are intended to be granted only for temporary disability, health, parental,
education, military service or extenuating and extraordinary personal reasons.
Section 15.3 — No Benefit Accruals
Other than retaining the original date of hire, and except as otherwise provided by law, no
benefits, including sick and vacation leave accrual, will accumulate during unpaid leaves of
absence.
Section 15.4 — Insurance Benefits
Other than leave under the Family Medical Leave Act ( "FMLA ") or as otherwise
provided by law, if a leave of absence is granted, an employee's insurance benefits will be
continued only if the employee remits to the County the total premium amount monthly that
represents both the employee's and the County's share for insurance. The employee will be
44
Packet Page -3954-
12111/2012 Item 16.E.8.
advised of the amount and date premiums are due. Insurance premiums for continuation of
employee and dependent coverage for employees on leave will be paid by the employee and
County consistent with County Policy.
Section 15.5 — Return from Leave
When the term of the leave of absence expires, the employee shall be reinstated to his/her
original position when the vacancy for that position becomes available, if the employee complies
with and meets all current requirements for the position: This may include practical and written
testing as required by the County at its discretion and any other credentials or licenses, which
may be required. Reinstatement following leave under the FMLA will be in accordance with the
law, and the County retains the right to require returning employees to take any medical or other
tests permitted by the FMLA. Employees returning from FMLA leave must meet the
certification and license requirements and the testing required by the Emergency Medical
Service/Fire Medical Director.
Section 15.6 — Family Medical Leave Act ( "FMLA ") Leave
Employees will be eligible for leave without pay under the FMLA as provided in that Act
and regulations adopted there under. A notice advising employees of leave availability under the
FMLA will be posted with other official County postings. Employees using leave under the
FMLA for his/her own serious health condition must first exhaust available sick leave prior to
going on leave without pay, unless the absence is covered by the County's disability or worker's
compensation insurance. Employees taking leave following the birth or adoption of a child
beyond that which the employee's doctor considers medically necessary must use accrued
vacation leave prior to going on leave without pay. Employees using leave under the FMLA to
45
Packet Page -3955-
12/11/2012 Item 16.E.8.
care for a child, spouse, loco parentis, or parent as required by the Act must use all accrued
vacation leave prior to taking leave without pay.
Section 15.7 — Compensation Durine Job - Related Injury
Any employee with a job- related injury or illness will be eligible for workers'
compensation based on applicable state law. The employee's workers compensation payments
may be supplemented as provided by County policy.
Section_ 15.8 — Temporary Asshmment/Off Duty Iniury or Illness
An employee temporarily disabled as a result of any injury or illness that is released by
the treating physician for restricted duty may be offered restricted duty by the County consistent
with the physician's limitations. If offered, the employee must accept the restricted duty as a
condition of continued employment. The County will determine the restricted duty to be offered
and the length of the restricted duty assignment, which will not exceed the time when the
employee reaches maximum medical improvement. Employees on temporary assignment will be
paid their regular pre -injury straight time hourly rate for all hours worked, and may use sick
leave and then vacation leave to supplement so that the employee receives their regular, pre -
injury/illness pay.
Section 15.9 — Referral To County Physician
The County reserves the right to seek, at the County's expense, an independent medical
opinion to the maximum extent permitted by the workers' compensation law, Family Medical
Leave Act or Americans with Disabilities Act, as applicable.
Section 15.10 — Administrative Leave
The County reserves the right, at its sole discretion, to grant Administrative Leave with
pay to allow employees to serve and train for such things as job- related Search and Rescue
46
Packet Page -3956-
12/11/2012 Item 16.E.8.
Teams, Disaster Response Teams; or in other situations as the County deems appropriate. If
paid, the leave will be counted as time worked for overtime purposes.
Section 15.11— County Policy
The County Administrative Procedures regarding leaves of absence will not apply to
employees covered by this Agreement, except as specifically provided in this Article.
Section 15.12 — Request for Personal Leave of Absence
If an employee is unable to return to work after the 12 workweeks of FMLA leave, a 30-
day personal leave of absence request form may be completed. A leave of absence request for a
period of 30 days or less shall require prior approval from the Department Director and
CCEMS/Fire Chief, and review by the Human Resources Director. This leave is not an
extension of FMLA, and if granted, may be paid or unpaid. If time is available under an
employee's accrued leave balances, employees may use this time to remain in paid status during
this absence.
47
Packet Page -3957-
ARTICLE 16
BEREAVEMENT /JURY DUTY/WITNESS DUTY
12/11/2012 Item 16.E.8.
Section 16.1— Bereavement
A regular full -time employee may be granted, upon request, up to twenty-four (24) hours
of bereavement leave with pay, due to the death in his/her immediate family and up to forty -eight
(48) hours (two shifts) in the event the service is outside Florida. "Immediate family" shall mean
father, mother, brother, sister, wife, husband, son, daughter, father -in -law, mother -in -law,
stepfather, stepmother, stepson, loco parentis, stepdaughter, grandfather, grandmother,
grandchildren, foster child, brother -in -law, sister -in -law, aunt, uncle, niece or nephew or other
close relatives living with the employee. Leave in excess of the leave under this Section may be
le� granted and, if granted, will be charged to the employee's accrued vacation leave or
compensatory leave. If accrued vacation leave, or compensatory leave is not available,
additional leave granted will be without pay. Employees with no available vacation or
compensatory leave may also request leave through the sick leave bank process. In the event of
an emergency illness of any of the above family members, the employee may take seventy -two
(72) hours of emergency leave for serious illness or injury from their vacation leave with the
approval of the Director or designee. The County reserves the right to require proof of
relationship for use of bereavement leave.
Section 16.2 —Jury Duty
When a regular employee is required to serve on jury duty, the employee shall be relieved
of responsibility for his or her regular work shift and the County shall pay the employee the
48
Packet Page -3958-
12/11/2012 Item 16.E.8.
amount that would have been received at the employee's regular straight -time rate of pay had the
employee worked the employee's regular work shift. All employees who are required to serve
on jury duty shall report to their supervisor that they have been subpoenaed for jury duty within
twenty -four (24) hours of receiving notice, when possible, but in no event later than the
beginning of the next work shift. When an employee is released or is excused from jury duty for
the remainder of a workday or permanently, the employee shall, as soon as possible, notify his or
her supervisor of availability for work. Payments received by the employee for jury duty, except
for meals, travel and lodging expenses, shall be endorsed to the County.
Section 16.3 — Witness Duty
Any employee who, upon the request by and for the benefit of the County, is subpoenaed
to any court proceeding involving the County, or is subpoenaed to appear in court in a civil or
criminal matter in which the employee is not personally or monetarily interested, or is
subpoenaed to appear for deposition in any matter related to their job duties with the County,
shall be paid one and one -half (1 1/2) times his or her rate of pay for each hour spent off -duty in
serving as a witness in trial or deposition. Payments received by the employee for witness duty,
except for meals, travel and lodging expenses, shall be endorsed to the County. Court
proceedings mean an appearance in court; it does not include any other appearance before any
other tribunal, except for appearances on behalf of the County which arise out of the
performance of duties as a Collier County EMS/Fire employee.
An employee who appears in Court as a plaintiff, defendant or witness due to personal
litigation will use accrued vacation leave or, if not available, will be on leave without pay.
49
Packet Page -3959-
W
12/11 /2012 Item 16E.8.
Section 16.4 — Time Worked
Paid court appearance leaves and depositions under this Article will be considered time
worked for overtime purposes.
Section 16.5 — County Policy
The County Administrative Procedures regarding Bereavement, Jury Duty, Witness Duty
and Court Leave will not apply to employees covered by this Agreement.
50
Packet Page -3960-
12/11/2012 Item 16.E.8.
ARTICLE 17
MILITARY LEAVE
Section 17.1— Reserve and National Guard Training
A regular full -time employee who is a member of the United States Armed Forces,
Reserves or the National Guard, and who is ordered to engage in annual field training shall, upon
presentation of a copy of the official orders, be granted leave with pay to the extent required by
law and in accordance with Section 115.07, Florida Statutes. Such leave with pay shall not
exceed 240 working hours in any one annual period. An employee may not use any accrued
vacation or personal leave while receiving paid military leave. Exceptions to the above may be
approved by the County Manager.
Section 17.2 — Recall to Active Military Duty
Any regular full -time employee, who is a member of an Armed Forces Reserve Unit or
the National Guard, who is ordered to active duty, will be granted a military leave of absence
with pay for the first thirty (30) working days. Beyond the thirty (30) day period, the County
will supplement the military pay in an amount necessary to bring the total salary, inclusive of the
base military pay, to the level earned at the time the employee was called to active duty, for the
period provided by County Policy. The County will continue to maintain the employee in full
benefits status for the time frame specified above.
Section 17.3 — Induction or Enlistment into Military Service
Any regular full -time employee, who enlists or is inducted into the armed services for
active duty, shall be granted a military leave of absence without pay for the initial period of
51
Packet Page -3961-
12/11/2012 Item 16.E.8.
enlistment. All pay due the employee shall be paid at the time of the employee's separation from
the County in accordance with applicable County policies.
Section 17.4 —Reinstatement
Upon discharge from active military service, an employee who wishes to return to
County employment shall be reinstated in accordance with the provisions of the United Services
Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 -4335, and any other
applicable laws.
52
Packet Page -3962-
12/11/2012 Item 16.E.8.
ARTICLE 18
SHIFT EXCHANGE
Section 18.1— Rules Governing Shift Exchanees
The trading of time between regular full -time employees will be permitted in accordance
with the following provisions:
A. All exchanges will be as follows:
• EMT or Non - Credentialed Paramedic for EMT or Non - Credentialed
Paramedic
■ Credentialed Paramedic for Credentialed Paramedic
■ Pilot for Pilot
0 Employees assigned to a specialized position must exchange with an employee
with the corresponding specialty. Exceptions may be allowed if the employee is not
scheduled to be serving in the specialized role.
• Employees who are promoted/demoted /reassigned outside of the above
classifications, must complete scheduled shift exchanges within 60 days with any
employee who is not within their new classification.
B. Shift exchanges will be repaid within one (1) year of the original exchange.
C. Employees will be responsible for all record keeping of exchanges as permitted
by the Fair Labor Standards Act.
D. Shift exchanges for employees reporting late for work will not be permitted.
E. No overtime will be paid to cover station transfers involved with shift exchanges.
F. Shift exchanges will be submitted 72 hours in advance utilizing the County's
submittal process. Shift exchanges with less notice may be granted with prior approval from a
Deputy Chief or the Chief.
53
Packet Page -3963-
12/11/2012 Item 16.E.8.
Section 18.2 — Allowances
A. Employees in all these classifications may exchange up to five (5) times per
month.
B. Only up to seven (7) employees may be off on shift exchange per shift.
C. The County may reduce, adjust or remove shift exchange privileges for
employees who are training, on probation or as a method of discipline, for just
cause.
D. At the EMS/Fire Chief's discretion, the number of shift swaps permitted in
sections A and B, may be increased.
Section 18.3 — No Substitution
An employee scheduled to work an exchange is not eligible for any type of leave in lieu
of the exchange. Employees failing to work an approved shift exchange due to an illness (Per
Article 13), or any other situation, excluding bereavement (Per Article 16. 1), will be charged one
(1.0) hour of vacation leave for each hour the employee failed to work and may be subject to
additional discipline.
Section 18.4 — Monetary Loss
The County will not be responsible for any monetary loss incurred by any employee due
to the failure of an employee to pay back shift exchange time for any reason. If an employee
quits or is terminated and owes a shift exchange(s), the employee regularly scheduled to work
will work, or arrange for another shift exchange.
54
Packet Page -3964-
ARTICLE 19
HOLIDAYS
Section 19.1— Holiday Pay
12/11/2012 Item 16.E.8.
Regular full -time employees assigned to a 12 -hour or 24 -hour schedule will receive 12 hours
of straight time pay for each of the following holidays:
• New Years Day
• Dr. Martin Luther King's Birthday
• President's Day
• Memorial Day
• Independence Day
• Labor Day
• Veteran's Day
• Thanksgiving Day
• Day after Thanksgiving
• Christmas Eve
• Christmas Day
In addition to the days listed above, bargaining unit employees shall also be granted appropriate
pay for any other day declared a holiday by the County Commission. If less than a full day is
granted as a holiday, the bargaining unit shall receive a pro -rata amount as holiday pay.
Section 19.2 — Receiat of Pay
The holiday pay will be included with the normal paycheck for the period which included
the holiday.
Section 19.3 — Holidays /40 Hour Week
Employees working a 40 -hour work week who are scheduled to work one of the
designated holidays above shall be granted the day off with pay. The County reserves the right
to schedule employees working 40 -hour work weeks to work on a designated holiday. Forty
hour employees who are required to work on a designated holiday shall be paid eight hours
55
Packet Page -3965-
12/11/2012 Item 16.E.8.
holiday pay, plus time and one -half (1 %) their current hourly rate for all hours worked.
Holidays will be celebrated on the date designated as the holiday by the County Commission.
U1
Packet Page -3966-
12/11/2012 Um 16.E.B.
ARTICLE 20 - WAGES & INCENTIVES
Section 20.1— Pay Plan
Position
EMT
Paramedic
Paramedic/Firefi hter
Pilot
Minimum
Florida EMT
Florida Paramedic Certification
Florida Paramedic Certification
As currently
Qualifications
Certification
$49,187 — $72,334
Florida Minimum Standards
defined
I
Job Bank
Full or Job Bank assignment
Full or Job Bank assignment
As currently
defined
• Based on FLSA guidelines, employees in these positions are classified as non - exempt (hourly) workers. Hourly rates of pay are
determined by dividing the annual rates in Article 20.2 by 3328 for EMT (I,11), Paramedic (I, II, Company Officer) and
Certified as a CCEMS/ Fire
Certified as a CCEMS/Fire
• Bargaining unit members will be entitled to any Cost of Living Adjustment (COLA) or Merit Increases in the same manner such
II
Full -time assignment
Department Paramedic
Department Paramedic &
N/A
Collier County Firefighter
Company Officer
N/A
3 Years experience
3 Years experience
N/A
passes Testing
Passes Testing_
• Work assignments for each position are scheduled at the discretion of the County.
• A six [61 month probationary period exists for each assignment/promotion into a new position.
Section 20.2 — Wages
Position
EMT
Paramedic
Paramedic/Fireti hter
Pilot
I
$40, 073 — $58,931
$46,845 — $68,890
$52,220 — $76,794
$70,596 — $103,818
II
$44,525 — $65,478
$49,187 — $72,334
$55,875 — $82,169
N/A
Company Officer
N/A
$55,077 — $80,995
$72,615— $106,787
N/A
• Based on FLSA guidelines, employees in these positions are classified as non - exempt (hourly) workers. Hourly rates of pay are
determined by dividing the annual rates in Article 20.2 by 3328 for EMT (I,11), Paramedic (I, II, Company Officer) and
Paramedic/Firefighter (I, II, Company Officer) positions. Hourly rates of pay for Pilots are determined by dividing the annual rates in
Article 20.2 by 2288.
• Bargaining unit members will be entitled to any Cost of Living Adjustment (COLA) or Merit Increases in the same manner such
increases, if any, are provided to all County employees.
Section 20.3 — Incentives
All employees currently receiving incentive pay under this agreement shall be grandfathered in,
so long as they continue to actively participate within their designated program. Participation
within a program is at the discretion of the Chief based on the needs of the department and
personal performance
57
Packet Page - 3967
111�.
12/11/2012 Item 16.E.8.
Section 20.4 - Eligibility for Deferred Compensation Matching (per CMA 5341)
Pay Grade
Minimum
Marketpoint
Maximum
Match Point
EMT I (Job Bank)
12.0412
14.1662
17.7077
15.5827
EMT II (EMT02)
13.3789
15.7399
19.6749
17.3139
Paramedic I (PAR01)
14.0760
16.5600
20.7001
18.2160
Paramedic II (PAR02)
Paramedic /Firefighter I (PFF01)
14.7797
15.6911
17.3879
18.4601
21.7350
23.0751
19.1267
20.3061
Paramedic /Firefighter II (PFF02)
16.7894
19.7522
24.6902
21.7274
Paramedic Company Officer (PARCO)
Paramedic /Firefighter Company Officer (PFFCO)
16.5496
21.8194
19.4701
25.6699
24.3374
32.0874
21.4171
28.2369
PILOT
30.8549
36.2999
45.3750
39.9299
Based on Wages & Incentives IAFF p.56 /EMS 3328
Annual hours /Pilots 2288 annual hours
58
Packet Page -3968-
ARTICLE 21
BENEFIT OPTION PLAN
Section 21.1— Coverage
12/11/2012 Item 16.E.8.
All bargaining unit employees shall be eligible to participate in the Collier County Group
Benefit Option Plan subject to the terms and conditions of the Plan as adopted by the Board of
County Commissioners and as may be amended by the Board of County Commissioners from
time to time. Employees shall also be subject to the same premium levels and payroll
contribution requirements as may be adopted by the Board of County Commissioners for non -
represented, non - exempt employees.
The parties agree that, if there is any change in benefits, premium levels, or payroll
contribution requirements, those changes will be applicable to bargaining unit employees to the
extent they are applicable to other non - exempt employees of the County. The County agrees to
bargain over the impact of any changes prior to implementation.
Section 21.2 — Summary Attached
A summary of the Benefits Option Plan will be given to each employee when hired;
when the plan changes; and upon request.
Section 21.3 - Formula for Benefits
Employees' benefits for health insurance, short and long term disability, and life
insurance will be based upon the formula of hourly rate X 3328 hours for bargaining unit
members; with the exception of the helicopter pilots which is based upon 2288 hours:
59
Packet Page -3969-
12/11/2012 Item 16.E.8.
Section 21.4 — Pre -Tax Deduction
Employees shall continue to be permitted to participate in the current County IRS 125
plan that allows certain insurance and benefit costs paid by the employee to be taken out and
paid "pre- tax."
Section 21.5 — Federal Disabilitv Benefit
In the event an employee should receive an on -duty injury /illness which qualifies them
for Federal disability benefits, or die in the line of duty, the County agrees to work closely with
the employee's family and the Union in an effort to secure any and all benefits available under
the Department of Justice Public Safety Officer Death/Disability Benefit.
60
Packet Page -3970-
12/11/2012 Item 16.E.8.
ARTICLE 22
RETIREMENT PLAN
Section 22.1— Eligibility
During the term of this Agreement, eligible employees shall continue to participate in the
Florida Retirement System.
Section 22.2 — Contributions
The County will contribute as required by the provisions of the Plan on behalf of eligible
full -time and job bank employees.
Section 22.3 — Other Deferred Plans
The County agrees to continue to provide employees an option to participate in the
National Association of Counties ( "NACO ") or the International City and County Management
Association ( "ICMA ") Deferred Compensation plans as currently offered. If either or both are
stopped or modified for all other County employees, the same change will affect the bargaining
unit. If an additional plan is offered to all other County employees, it will also be offered to the
bargaining unit. Employees participating in these programs or other deferred compensation
plans shall have access to held funds under the rules and guidelines established by the Plan
Administrator and the Internal Revenue Service. Both the County and the employee will be
bound by the decision of the Plan Administrator.
61
Packet Page -3971-
ARTICLE 23
TUITION REIMBURSEMENT
12/11/2012 Item 16.E.8.
Section 23.1— Tuition Policy
The County will continue the current tuition reimbursement guideline as outlined in the
County's Human Resources Handbook. CMA numbers 5325 (Training, Development, and
Education) and 5344 (Tuition Assistance).
Section 23.2 — Minimum Standards Trainin
With the Chief's prior approval, full -time employees who enroll in and are accepted to
attend Minimum Standards Fire Training may have all costs associated with tuition, registration,
books and fees paid by the County. In return, the employee agrees to work as a Firefighter once
n
they become State certified. In the event the employee voluntarily leaves their employment with
Collier County within twenty four (24) months of course completion, or fails to become certified
as a Firefighter following the minimum standards training, the employee shall reimburse the
County all of the above costs. Said reimbursement shall be made in twenty -five percent (25 %)
increments taken through payroll deduction from the next four (4) pay periods or from the
employee's final paycheck.
Section 23.3 — Tuition Reimbursement /Current EMTs
Current full -time EMT's shall have all costs associated with tuition for the Paramedic
Program and required prerequisites paid by the County in an amount not to exceed the standard
tuition charge per credit hour for a State of Florida public college or institution. The amount of
the tuition assistance paid will consist of the per credit hour for a State or public
college /institution or the actual per credit charge incurred, whichever is less. In return the
62
Packet Page -3972-
12/11/2012 Item 16.E.8.
employee agrees to work as a Paramedic once they become State Certified. In the event the
employee voluntarily leaves their employment with Collier County within twenty -four (24)
months of course completion, or fails to become State Certified within twenty -four (24) months
of beginning the program, the employee shall reimburse the County all of the above costs. The
reimbursement will be taken in allowable deductions from the next four pay periods or from the
employee's final paycheck.
Section 23.4 — Specialized Trainine
If the County has paid for training necessary for any employee to qualify for an incentive
or specialty Program, the employee may not reject or withdraw from the assignment. If the
employee leaves the County voluntarily within twenty -four (24) months of the date the training
was completed, the employee will be required to reimburse all associated costs of the training to
the County. The reimbursement will be taken in allowable deductions from the next four (4) pay
periods or from the employee's final paycheck.
Section 23.5 — Request to Withdraw From Specialty
An employee may request to temporarily or permanently withdraw from a specialty
position subject to the EMS/Fire Chief's discretion, which will not be arbitrarily refused, subject
to operational needs at that time.
63
Packet Page -3973-
W
ARTICLE 24
OUTSIDE ACTIVITIES
Section 24.1— Conduct
12/11/2012 Item 16.E.8.
Employees shall at all times bear in mind that they are seen by the general public, while
off duty as well as on duty, as personnel of the County and shall at all times conduct themselves
in a manner so as to bring no discredit or unfavorable publicity to the County.
Section 24.2 — Outside Emnloyment
An employee accepting employment with any other employer while employed by the
County shall do so only so long as the employment is not a conflict of interest. If an employee
has outside employment, the employee's primary obligation shall continue to be to the County
and he /she shall arrange affairs accordingly. Before accepting outside employment of any kind,
the employee must give a written notification to the Emergency Medical Services/Fire Chief,
advising the Chief of the name, address and telephone number of the outside employer, and the
nature of work performed. Outside employment must not prevent the employee from being
mentally and physically able to work when the employee reports for duty with the County.
64
Packet Page -3974-
12/11/2012 Item 16.E.8.
ARTICLE 25
BULLETIN BOARD SPACE
The Union may provide a bulletin board at its expense not to exceed 2 ft. by 3 ft.
Postings on the Union bulletin board will be restricted to:
1. Notices of Union meetings;
2. Notices of Union elections and results of elections;
3. Notices of Union recreational and social affairs; and
4. Notices of Union appointments and other official Union business.
5. Such bulletin boards shall not be utilized by Collier County for posting of any
material.
All notices shall be signed by the Union member prior to posting. No materials, notices
or announcements shall be posted which contain anything of a controversial, political or
offensive nature and which adversely reflects upon Collier County or Collier County Emergency
Medical/Fire Services, the elected officials of Collier County or any Collier County employees.
65
Packet Page -3975-
12/11/2012 Item 16.E.8.
ARTICLE 26
UNION BUSINESS AND UNION TIME BANK
Section 26.1— Establishment
The County agrees to establish a Union Time Bank upon the ratification of this
Agreement. Union members agree to contribute four (4) hours of accrued vacation leave time to
the Union Time Bank on the first pay period in January if the balance is fifteen hundred (1500)
hours or less, as of December 1St (the month before). The hours will be taken unless otherwise
notified by the Union by December 1st.
Section 26.2 — Use for Union Business
The District 14 Vice President and/or his/her designees, may use hours from the Union
Time Bank to attend regular monthly Union meetings, negotiation sessions, conventions and for
other required Union business. If granted, leave shall be taken on an hour - for -hour basis. Leave
will be allowed for up to three (3) employees when requested at least seventy -two (72) hours in
advance in writing to the appropriate EMS/Fire Deputy Chief, with the Union responsible for
filling those positions. Union Bank time, when utilized, shall be counted as productive hours for
the purpose of overtime calculation. A request for leave of additional employees shall only be
allowed when requested at least seven (7) days in advance in writing to the appropriate EMS/Fire
Deputy Chief. All Union leave is subject to the limit of the number of slots available under
Article 14.
Section 26.3- Use to Attend Committees
Any District 14 member elected as a delegate or alternate to attend a convention shall
also be permitted to use hours from the Union Time Bank to attend those conventions. The leave
66
Packet Page -3976-
12/11/2012 Item 16.E.8.
shall be taken on an hour - for -hour basis and shall be granted when requested seven (7) days in
advance, exceptions may be made on a case -by -case basis.
Section 26.4 — No Use After Bank Exhausted
Leaves as listed above shall be granted from the Union Time Bank so long. as hours
remain in the Bank each calendar year. Once hours in the Bank are exhausted to zero, no leave
shall be granted from the Union Time Bank until contributions are made to the Bank next
January. It shall be the responsibility of the District 14 Vice - President to maintain a Union Time
Bank log.
Section 26.5 — Swan Time
If no time remains in the Union Time Bank, the District 14 Vice President shall be
allowed unlimited swap time for District 14 Union business directly related to Collier County.
The County reserves the right to verify the Union business. The employee must attend all on-
duty training, and must otherwise comply with all requirements of Article 18.
Section 26.6 — Meeting Room
The members of Local 1826, District 14, Collier County EMS/Fire, shall be granted
space within the Collier County Government Complex or on other County -owned property to
conduct membership meetings, to the same extent those rooms are made available for other not-
for- profit organizations. The Union will contact the Department responsible for the requested
room to make arrangements for its use. There will be no Union meetings in EMS/Fire work
areas.
67
Packet Page- -3977-
12/11/2012 Item 16.E.8.
Section 26.7- Orientation Presentation
The Union shall be provided one (1) hour of time after one of the normally scheduled
days at the Training Academy. This orientation will be after hours and on the employee's own
time. .
/0-**-,
68
Packet Page -3978-
12/11/2012 Item 16.E.8.
ARTICLE 27
UNIFORMS AND EQUIPMENT
Section 27.1— Items Supplied by County
The County shall furnish all new full -time and job bank employees in job classifications
Emergency Medical Technician, Paramedic, EMS Lieutenant, Paramedic - Firefighter, and
Lieutenant Firefighter uniforms as set forth below:
• Four (4) pair uniform pants
• One (1) uniform shirt
• Two (2) Polo style uniform shirts
• One (1) tie
• One (1) winter jacket (if requested)
• One (1) pair boots
• One (1) leather Velcro style no buckle belt
• One (1) badge
• One (1) Name Tag/Collar Brass
• Two (2) Jumpsuits' (see below)
• Six (6) t- shirts
• One (1) accountability name tag system
• Four (4) pair uniform shorts
• NFPA- approved PPE as required
Section 27.2 — Use Requirement
Employees are required to use all issued equipment, uniforms and boots as defined by
SOP or general order and report to work in a clean and neat appearance. Employees must also
report to work with a watch that contains a second counter. Personnel pagers and cell phones, if
worn or carried while on duty, must be operated in the silent/vibrate mode and under no
circumstances shall the phones be answered while on a call or utilized on a call unless the use
1 Two (2) appropriate flight jumpsuits and one (1) flight helmet for employees assigned
to Helicopter Operations. Pilots will be issued lightweight shoes/boots in lieu of the NFPA
Safety Boots listed above, or may be given a shoe allowance to purchase Risk Management -
approved black shoes. Pilots will also be provided with t- shirts, shorts and a winter jacket.
69
Packet Page -3979-
12/11/2012 Item 16.E.8.
has to do with patient care. Employees may not use their cell phones while driving a County
vehicle. Other than going to and from work, uniforms cannot be worn off duty.
Section 27.3 — Replacement
The employees in the above classification(s) shall be provided regular replacement of
uniforms as needed. Employees actively assigned to ALS Engine assignments are eligible for
additional uniform pieces as noted in Section 27.10. Employees requesting equipment
replacement may be required to exchange their old equipment in order to get it replaced.
Employees may be required to pay for lost uniforms. Employees may also be required to pay or
suffer discipline if equipment they are assigned is lost or damaged through intentional misuse,
neglect, or abuse. Uniforms and personal protective equipment will be supplied immediately if it
is available in supply and ordered as soon as possible if it is not. Employees in need of maternity
uniforms shall be supplied two (2) uniforms as needed at no cost.
Section 27.4 — Additional Uniforms
A. Employees shall always be permitted to purchase additional approved uniforms as
outlined in this Article from a supplier selected by the County, if the employee requires or
desires uniforms in excess of those provided in this Article.
B. The County will approve a lightweight jacket and cap. Employees may purchase
the jacket and /or cap at their option and cost.
Section 27.5 — Cold Weather
In extremely cold weather, employees shall be permitted to supplement their uniforms
with long underwear bottoms, long sleeved shirts, turtle neck shirts, and sweat shirts. All items
will be in navy blue, powder blue, grey, or white and shall be worn underneath the standard issue
uniform.
70
Packet Page -3980-
12/11/2012 Item 16.E.8.
Section 27.6 — Jewelry
Jewelry shall be permitted provided that visible items are in good taste and do not
interfere with the employee's ability to provide patient care and does not create a safety hazard.
Employees will be allowed to wear a necklace provided that it is tucked into their shirt. No
visible piercing shall be permitted.
Section 27.7 — Grooming
Employees will maintain their hair in a clean and groomed condition. Employees who
choose to have long hair shall keep it pulled back when responding to a call or when involved in
patient care so as to prevent it from falling into an employee's face /eyes. Sideburns are
permitted, not to exceed middle of ear length. Employees will be clean- shaven on duty. A
mustache that does not come between the sealing surface of the face piece of the respirator and
the face is permissible. Employees will keep their nails neat and well groomed to a length that
will not interfere with their ability to safely perform their job. Nail polish may be worn, with the
exception of black.
Section 27.8 — Standard Operating Procedures and Protocols
Copies of the most recent collective bargaining agreement will be provided on the Intra -web.
Section 27.9 — Bio Hazard Protocol
Employees turning in uniforms for cleaning or disposal in accordance with the County
Bio Hazard Protocol shall have the uniform replaced or returned within a reasonable time frame.
If uniforms are being cleaned the employee can get a loaner uniform from supply.
Employees are expected to report for duty with a complete change of uniform in the
event their primary uniform is contaminated or becomes otherwise unpresentable during the duty
assignment.
71
Packet Page -3981-
12/11/2012 Item 16.E.8.
Section 27.10 — Additional Equipment/Certified Firefighters
All employees certified as Firefighters and assigned to the ALS Engine Program shall
receive the following protective equipment in addition to other uniforms and equipment outlined
earlier in this Article.
1. One (1) properly sized individual issue SCBA face piece with prescription
eyeglass insert and lenses, if required.
2. One (1) SCBA (not individual issue but shall be provided only when the
employee is assigned to firefighting duties).
3. Any other equipment regularly assigned to Firefighters assigned to
suppression operations in the Fire Department where the EMS employee is
assigned (Le., rescue webbing, safety goggles, spanner wrenches, etc.).
Active Firefighters are also eligible for up to eight (8) t -shirts and four (4) pairs of uniform shorts
annually as replacements for duty assignments.
Section 27.11— Clothing in Ouarters
Between dusk and 8:30 a.m., employees in quarters awaiting call shall be permitted to
wear County issue uniform shorts, County issue uniform t -shirts and casual footwear at a
minimum. Personal t -shirts may be worn in lieu of department issued but must be of a cotton
blend, plain (without logo or artwork, pictures, etc.) and of the colors navy blue, powder blue,
grey or white. In addition, when employees are working out or washing or waxing or cleaning
the vehicle, uniform shorts and t- shirts are permitted but the employee must be in dress uniform
when responding to a call. When responding to a call between 5:30 p.m. and 8:30 a.m.,
employees will be in their jumpsuit or bunker jacket and pants. Employees may also wear their
jumpsuit when their second day uniform has been contaminated.
72
Packet Page -3982-
ARTICLE 28
MISCELLANEOUS
Section 28.1— Parking
12/11/2012 Item 16.E.8.
The County will continue the current practice of providing parking within defined
parking spaces. It may be necessary to move cars after the beginning of the shift. No parking of
private vehicles in station bays will be allowed. No maintenance, of personal vehicles shall
occur on County property, regardless of whether or not an employee is on or off duty.
Section 28.2 — Work Duties
Unless assigned duties, employees may rest, sleep, watch TV, etc., between the hours of
1200hrs and 0700 hrs. During the hours of 0830 and noon, employees should perform assigned
vehicle /station duties, zone familiarization, study medical/ operational protocols, or community
events. Radios will be monitored between 0700hrs and 2130hrs.
Section 28.3 — Computers
EMS/Fire County computers will only be used for County business. Personal computers
may be used on duty through the County provided Wi -Fi connection, but employees are not to
use County peripherals.
Section 28.4 — TV/DVD Players
Between 0700hrs and 1200hrs the EMS/Fire provided or personal television and DVD
player may only be used for work - related purposes or to watch news channels. Between 1200hrs
and 0700hrs the EMS/Fire provided or personal television and DVD player may be used for non-
work related purposes, subject to assignment of work duties under Section 28.2 and emergency
response.
73
Packet Page -3983-
12/11/2012 Item 16.E.8.
'10�.
Section 28.6 — Station Visits
Family members and friends are only permitted to visit employees at their duty stations.
between 1200hrs and 2000hrs, for a maximum of two (2) hours. Family members and friends are
not. allowed to remain at the stations when the EMS/Fire employee is not at the station.
Section 28.7 — Use of Telephone
Except as hereinafter provided, EMS/Fire telephone lines are for business use only:
A. Absent unusual circumstances, such as an illness in the family, calls will be limited to
three (3) per shift, limited to fifteen (15) minutes per call.
B. Long distance telephone calls (long distance calls preceded by a "1" except for I-
800 or 1 -866 toll free type numbers) may not be charged to the County. Violations of this
Article that result in a charge to the County may result in disciplinary action.
Section 28.8 — Other
No pornographic material may be possessed or viewed on County property.
Section 28.9 — Electronic Media
Nothing in this Agreement will prohibit the County from eliminating paperwork and
using electronic media.
Section 28.10 — Veterans' Preference
Veterans' Preference will be given to those individuals who qualify for preference under
Chapter 295, Florida Statutes.
n
74
Packet Page -3984-
12/11/2012 Item 16.E.8.
ARTICLE 29
HEALTH AND SAFETY
Section 29.1— Health /Safety Cooperation
The County agrees to provide reasonable standards of safety and health in the Emergency
Medical Services /Fire Department in order to eliminate accidents, deaths, injuries and illnesses
in the Department. Health and safety is a joint responsibility; therefore, employees must follow
all safety standards and utilize all safety equipment provided.
Section 29.2 — Presumptions
Employees who suffer any condition or impairment of health caused by any of the
following conditions shall be presumed to have been by accidental means and to have been
suffered in the line of duty, unless the contrary can be shown by satisfactory evidence by the
County:
• Hepatitis A
• Hepatitis B
• Hepatitis Non -A
• Hepatitis Non -B
• Any other strain of Hepatitis generally recognized by the medical community
• Pulmonary Tuberculosis
• Meningococcal Meningitis
Section 29.3 — Employee Assistance Program
The County will provide an Employee Assistance Program with coverage consistent with
the program provided for other County employees. All information relative to an employee's
participation will only be recorded in a confidential file, with access limited as required by law.
oil
Packet Page -3985-
12/11/2012 Item 16.E.8.
Section 29.4 — Debriefing
The County shall schedule defusing sessions and post- incident debriefing sessions with
the County CISD team when requested by the employee involved in a significant on -duty
medical - related incident. Units involved shall, when practical, be placed out of service until a
replacement crew can be assigned or until such time as the crew is debriefed and cleared for
duty. If released from duty for the remainder of the shift, the employee shall be compensated
and the time will be charged to sick leave or paid Administrative leave.
Section 29.5 — Tobacco Products
Tobacco products (pipes, cigars, cigarettes, chewing tobacco, etc.) cannot be used in
stations or in County vehicles while on or off duty. Use of tobacco products outside the station
should not create litter. Any new employee will execute the "Non -Use of Tobacco Products
Agreement" and will abstain from the use of all tobacco products while on and off duty.
Section 29.6 — Physicals
A Physical shall be offered on an annual basis to all bargaining unit employees, at no
cost, in accordance with the County's Group Health Plan. The Workplace Safety Committee
shall make recommendations as to the requirements of those employee physicals.
Section 29.7 — Safety Committee
A. A Workplace Safety Committee shall be maintained to address issues of health and
safety. The Committee will be organized as set forth in the Florida Administrative Code.
B. The County will make reasonable efforts to provide and maintain safe working conditions
in accordance with all applicable sections of the Florida Administrative Code. To this
end, the Union will cooperate and encourage the employees to work in a safe manner and
to utilize all personal safety equipment provided.
76
Packet Page -3986-
12/11/2012 Item 16.E.8.
C. Any recommendation or suggestion of the Workplace Safety Committee shall be
presented to the Chief in writing for consideration. The Chief shall respond to the
Committee in writing within fourteen (14) days of the receipt of the Committee's
suggestion or recommendation.
77
Packet Page -3987-
11�:
ARTICLE 30
ALCOHOL AND DRUG TESTING
Section 30.1— Policy
12/11/2012 Item 16.E.8.
The County and the Union have a vital interest in maintaining a safe, healthy, and efficient
working environment. Being under the influence of a drug or alcohol on the job or the use, sale,
purchase, transfer, or possession of an illegal drug or alcohol in the workplace poses
unacceptable risks for safe, healthy, and efficient operations to the user and to all those who
work with the user. Collier County is obligated to the public and its employees to provide
services that are free of the influence of illegal drugs and alcohol and will endeavor through this
policy to provide drug -and alcohol -free services.
Section 30.2 - Testing
The conditions and circumstances for conducting drug testing are defined below. Refusal
to submit to an alcohol or drug test/analysis when requested by the County, or law enforcement
personnel, in accordance with state and federal law or County policy, may constitute
insubordination, be grounds for disciplinary action up to and including dismissal, or (in the case
of an external applicant) is cause to retract a conditional offer of employment. Failure to provide
adequate breath or urine (within a reasonable time) for testing without a valid medical
explanation by a medical doctor, failure to sign the alcohol breath testing certification form
and /or initial the logbook entry for the screening and/or confirmation test or refusal to take the
test constitute a refusal to submit.
78
Packet Page -3988-
12/11/2012 Item 16.E.8
Risk Management is responsible for developing and implementing procedures for
communication of this policy, off -site testing, chain of custody, types of drugs to be tested for,
confirmation and medical and administrative review of positive test results, confidentiality and
other activities associated with administering the applicant testing program in accordance with §
440.102, Fla. Stat.
The Environmental Health and Safety (EHS) Manager will receive the test results and
will coordinate with the Human Resources (HR) Generalist assigned to the division in which the
employee works to provide a status report on the employee being able to return to work. The HR
Generalist will serve as the point of contact to coordinate communication with the employee and
on the status of the employee to the department supervisor /manager /director. All drug test results
are considered confidential and are exempt from the provisions of § 119.07(I), Fla. Stat. and §
24(a), Art. 1, of the State Constitution.
Section 30.3 — Reasonable Suspicion Testins
In the event a member of management has a reasonable suspicion to believe that an
employee is under the influence of drugs or alcohol on duty, he /she shall place his/her reasonable
suspicion in writing by the end of that shift, he /she may require that the employee submit to an
industry- accepted breathalyzer test, blood test, urinalysis and /or other appropriate testing. When
practical, a minimum of two (2) non - bargaining unit personnel must concur that a reasonable
suspicion exists. Reasonable suspicion may be based upon a variety of factors, and bargaining
unit employees shall be subject to drug and/or alcohol testing for any of the following reasons:
79
Packet Page -3989-
12/11/2012 Item 16.E.8.
(a) Observable phenomena while at work, such as direct observation of drug or alcohol
use or of the physical symptoms or manifestations of being under the influence of drugs
or alcohol.
(b) Abnormal conduct or erratic behavior while at work or a significant deterioration in
work performance.
(c) A report of drug use, provided by a reliable and credible source.
(d) Evidence that an individual has tampered with a drug test during his or her
employment with the current employer.
(e) Information that an employee has caused, contributed to, or been involved in an
accident / incident while at work.
(f) Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or
alcohol while working or while on the employer's premises or while operating the
employer's vehicle, machinery, or equipment.
(g) Medication inventory or documentation discrepancies.
(h) Excessive disbursement of controlled substance during patient care.
(i) Excessive breakage of controlled substance during inventory or patient care.
0) As per FAA regulations for Air Crew personnel, as well as on promotion to Medflight.
(k) Post -Offer screening.
Should the employee test positive to alcohol or drugs, the County will utilize a confirmatory
process before taking further action. Such confirmatory process will utilize industry- accepted
testing procedures.
80
Packet Page -3990-
12/11/2012 Item 16.E.8.
Section 30.4 - Safety Sensitive Testing
With respect to a public employer, a position in which a drug impairment constitutes an
immediate and direct threat to public health or safety, such as a position that requires the
employee to carry a firearm, perform life- threatening procedures, work with confidential
information or documents pertaining to criminal investigations, or work with controlled
substances; a position subject to § 110. 1127, Fla. Stat.; or a position in which a momentary lapse
in attention could result in injury or death to another person.
A. No employee in a position identified as safety sensitive shall report for duty or remain
on duty while using any controlled substances unless such substances are used in
accordance with the prescription of a medical doctor who has advised, based on a review
of the employee's job description, that the substance will not adversely affect the
employee's ability to safely perform his/her job. Employees shall be required to provide
written documentation to his/her Supervisor before reporting for duty. The failure of an
employee in a position identified as safety sensitive to notify his/her Supervisor prior to
beginning work may result in disciplinary action up to and including termination.
Section 30.5 — Refusal to Test
Any employee who refuses to submit to a breath, blood, urine and/or other tests shall be
placed on administrative leave and will be subject to disciplinary action, up to and including
discharge.
Section 30.6 — Search of Property
In order to promote safety, health and security concerns, the Emergency Medical
Services/Fire Chief and /or designee may search lockers, vehicles and other County-owned or
supplied areas. All such searches shall be undertaken in the presence of a security officer
81
Packet Page -3991-
12/11 /2012 Item 16.E.8.
employed by or under contract with the County. An employee's refusal to cooperate with or
submit to a search may result in disciplinary action up to and including discharge.
Section 30.7 — Prescription Drugs
All employees who must use a prescription drug that causes adverse side effects
(drowsiness or impaired reflexes or reaction time) shall inform their supervisor in writing that
they are taking such medication on the advice of a physician. It is the employee's responsibility
to also inform his/her supervisor of the possible side effects of the drug on performance and
expected duration of use. The prescribing physician must provide a statement that the employee
can perform all of the employee's normal job functions, which will be provided to the
employee's supervisor prior to starting work. EMS/Fire Management shall have the option of
requesting an independent medical evaluation from a Board Certified Physician to evaluate
whether the prescription medication interferes with the employee's ability to perform normal job
functions.
Section 30.8 — Cost of Drug /Alcohol Testing
The cost of drug and alcohol screening tests required by the County will be paid by the
County.
Section 30.9 — Discipline
The County retains the right to discipline, up to and including discharge, any employee
who uses, possesses, dispenses, sells or buys illegal drugs or narcotics, whether on or off duty, or
who uses or possesses alcohol while on duty, or who reports to work under or is under the
influence of illegal drugs or alcohol. Employees are also prohibited from reporting to work with
the smell of alcohol on their breath. The existence of an Employee Assistance Program does not
82
Packet Page -3992-
12/11/2012 Item 16.E.8.
affect the right of the County to impose discipline, up to and including termination, for violating
this Article.
Section 30.10 — Conviction of Druiz/Alcohol Offense
Any employee who is convicted, pleads guilty or nolo contendre (no contest) to any
criminal drug statute violation, or of driving under the influence of drugs or alcohol, whether on
or off duty, must notify the Director of Human Resources no later than five (5) days after such
conviction. Failure to do so will be cause of appropriate disciplinary action, up to and including
termination. Once the County receives such information, the County will make the appropriate
determination as to what disciplinary or other action, if any, is to be taken.
Section 30.11— Other Testine
The County reserves the right to initiate any other drug or alcohol testing, including
random testing, upon 60 -days written notice to the Union and the employees.
The Risk Management Department through its Environmental Health and Safety ( "EHS ")
Manager or designee will administer the Random Drug Testing Process as described in this
policy.
A. On an annual basis, a minimum of 10% of the average number of employees will be
administered random alcohol and/ or controlled substance tests. The selection of the
employees for the random testing shall be made using a computer -based program that
will randomly select employees from the County/EMS Staffing list. Under this
selection process each employee will have an equal chance of being tested each time
83
Packet Page -3993-
12/11/2012 Item 16.E.8.
a random selection is made. Risk Management through its EHS Manager will utilize
an outside agency to perform alcohol and drug testing.
B. The random alcohol and controlled substance tests are unannounced and the dates and
times of the testing will be spread reasonably throughout the year, occurring at least
once per quarter.
C. The EHS Manager serves a contact person to be notified that a specific employee has
been chosen for a random alcohol and drug test. The County will also have an internal
contact person to assist Risk Management in ensuring selected employees are
properly tested. The contact person is responsible for seeing that the employee is
immediately relieved of any job tasks, and immediately sent to the testing site.
D. To ensure that adequate business continuity and coverage are maintained, Risk
Management will make every attempt to provide the list of randomly selected
employees to the department contact within 3 -5 days of the test date. This will allow
the department to arrange work schedules accordingly. The department contact will
be responsible for sending the employee to the test site on the first available duty day
after notification from Risk Management. Under no circumstances should the
department notify the employees who are to be tested prior to their scheduled testing
date.
E. The County will be responsible for all charges incurred for the random drug testing
and EMS will make every effort to send the employee for random drug testing during
regular scheduled work hours.
84
Packet Page -3994-
12/11/2012 Item 16.E.8.
Section 30.12- Positive Test Results
If an alcohol and/or controlled substance test is positive, Risk Management or
EHS Manager or designee will contact the employee by telephone to discuss the possible
use of prescription or non - prescription medications. An employee who receives a positive
confirmed test result may contest or explain the result to Risk Management within 5
business days after receiving written notification of the test results. If the employee's
explanation or challenge is unsatisfactory or if the employee fails to speak to Risk
Management to EHS Manager, then Risk Management shall report a positive test result
back to EMS. Upon determination of a positive test result for alcohol and/or controlled
substance, regardless of all levels:
A. The employee is put on paid leave until further investigation and testing can
be completed.
B. The employee must be removed from any and all work tasks for a minimum
of 1 shift (24 hours). The employee may not perform any safety sensitive
duties, including, but not limited to:
1. Driving any vehicle where he /she could potentially injure him/herself or
others.
2. Be in a position to provide patient care.
3. Be in a position to administer medications or controlled substances to
patients.
C. The employee may be subject to disciplinary action, up to and including
termination of employment.
85
Packet Page -3995-
12/11/2012 Item 16.E.8.
D. The employee must submit to required follow -up tests prior to returning to
work.
Section 30.13 - Returning to Work
Employees will be subject to follow -up testing after a positive test result prior to returning to
their regular duties. Follow -up testing and results must be obtained prior to the employee being
allowed to return to work. Risk Management or the EHS Manager will coordinate with EMS
management to schedule testing and any follow -up required of the employee. Employees may be
required to participate in a substance abuse program upon determination of a positive test result.
Upon confirmation of a "negative" test result, following the return to work (follow -up) test, the
employee may return to regular duty.
86
Packet Page -3996-
12/11/2012 Item 16.E.8.
ARTICLE 31
STATION FACILITIES
Section 31.1— Station Facilities To Be Equipped
The County agrees that station facilities will be equipped as outlined in this Article.
Section 31.2 — Minimum Equipment
Each ambulance station shall be supplied with the following minimum equipment and
supplies:
■ 1 twin bed per on -duty employee
■ 1 recliner per on -duty employee
■ All future EMS/Fire sleeping quarters will allow for separate, private sleeping rooms.
■ Air conditioning and heat
■ Microwave oven
■ Coffee Maker
■ DVD player
■ Full -size refrigerators for future facilities or replacement of currently existing units
upon expiration
■ Dishes to include plates, drinking glasses, coffee cups, knives, forks and spoons
■ Color television
■ Telephone
■ Physical fitness equipment
■ Kitchen sink
■ Stove
■ Water service
■ Bathroom with shower facilities
■ Assorted cooking pans and utensils
■ Electric service
■ Area for paperwork
■ Gear bag for personal protective equipment
■ Electronic bulletin board (if used, limitations of Article 25 are applicable)
■ One computer per unit with a mouse, keyboard, and one (1) printer per station
■ One (1) locker per employee assigned to that station daily. Lockers shall be of
adequate size to accommodate the employee's bedding, uniforms, and personal
belongings.
The above equipment and supplies shall be supplied directly by the County in County -owned
stations. If the Station is provided or owned by an agency other than the County, the County will
87
Packet Page -3997-
12/11/2012 Item 16.E.8.
make every reasonable effort to allow the employees the free use of the above equipment and
supplies. The County and employees shall ensure that the equipment listed in this Section shall
be maintained in good working condition.
Section 31.3- Leaving Equipment at Station
Employees may leave their bedding/and or bunker gear at the station they are assigned,
with the understanding if those items are stolen it is the employees responsibility to replace those
items at the employees' cost. Payments will be made over a six (6) month time frame to the
County. The County will loan the employee bunker gear if there is bunker gear in supply that
will fit the employee. No employee will be prohibited from working until their bunker gear is
ready.
Employees that choose to leave their bunker gear or other equipment at the Station are
responsible for retrieving that equipment if they are moved to another station. Any employee
must be notified of the move one (1) hour prior to shift to retrieve their gear. If retrieving their
gear causes the employee to be late to their next station then the employee will not be paid for
the time they are late. If an employee is not notified one (1) hour prior to shift and they arrive
late to their next station there will be no penalty to the employee.
88
Packet Page -3998-
ARTICLE 32
STAFFING
Section 32.1 — Station Location
12/11/2012 Item 16.E.8.
The County retains the right to identify station locations for 24 -hour units that are
different from those in effect on ratification date of this Agreement. Station location will be
based on the County's determination on how to best meet the public's needs, and the County
may close or change station locations or open new station locations, as the system's needs
change. If a new County -owned station location is established, the County agrees to equip it as
outlined in the Station Facilities Article.
Section 32.2 — Starting Time
All regular 24 hour ground transport units will have a universal starting time
commencing at 8:00 a.m. Specialty programs will have a start time as determined by the Chief.
Section 32.3 — Station Bids
Station bids will be submitted between October 1 and October 15 based on Seniority as
defined in Section 8.1. Station bids will be based upon date of hire, unless the employee
participates in a specialty program; then bids are based upon date of entrance into the program.
Bids will come into effect on January 1st of the following calendar year. Rotations and staffing
will be based upon the needs of the County in a fair and equitable manner.
Section 32.4- Vacancies
Employees who desire to move from one battalion or shift to another may put a request in
writing and, as vacancies occur, those with the request will be considered for the vacancy.
A. There will be no husband/wife or live -in crews.
89
Packet Page -3999-
12/11/2012 Item 16.E.8.
B. If possible, accommodations shall be made to keep husbands and wives employed by
CCEMS on the same shift upon request. Consideration will also be given to allowing employees
whose spouse works for another local agency to work the same shift. In addition, the EMS/FIRE
Chief may extend the same shift accommodations to employees who share a close familial
relationship.
C. Accommodations will be made for employees who can demonstrate, in writing, a
need for a specific shift due to childcare issues.
Section 32.5 — ALS Engine ProLmam
Fire Department personnel may be assigned work duties on EMS/FIRE units. At no time
shall Fire Department personnel replace CCEMS/FIRE bargaining unit positions.
Section 32.6 — Station Assignments
The bid system will be based on seniority and split into two (2) lists: Non - certified and
Medical Director certified employees. Each employee will give a list of three (3) rotation
choices to the District Vice President starting on midnight October 1St to midnight October 15th.
The County agrees to post bids by e -mail by December 1St. If an employee opts not to bid they
will be put into a rotation to meet the operational needs of the County. Station rotations will be
instituted by January 1 st of each year.
oil]
Packet Page -4000-
12/11/2012 Item 16.E.8.
ARTICLE 33
SPECIAL EVENTS
Section 33.1— Special Events
Employees scheduled to cover Special Events (i.e., football games, concerts, etc.) shall be
provided all necessary equipment required to cover the event. Events requiring a dedicated EMS
unit will first be staffed with volunteers who will be paid the appropriate straight- time /overtime
hourly rate. If volunteers are not available and mandatory overtime is not required, the County
may cover the Event with an on -line unit. Employees will cover special events assigned to them.
91
Packet Page -4001-
12/11/2012 Item 16.E.8.
ARTICLE 34
EDUCATIONAL INCENTIVES
Section 34.1 — Mandatory Classes/In Service
Employees required to attend mandatory classes or mandatory in- service training shall be
paid at the appropriate straight- time /overtime rate of pay for each hour they attend class.
Section 34.2 — Degree Incentive Pay
All employees currently receiving degree incentive pay previously shall be grandfathered
in for the duration of this Agreement.
92
Packet Page -4002-
ARTICLE 35
LICENSURE
Section 35.1 —Responsibility
12/11/2012 Item 16.E.8.
Employees who are required to have current Florida State EMT or Paramedic
certification shall, as a part of their job, be solely responsible for keeping the certification current
as required by Florida law, with the exception of necessary C.E.U.s required for certification as
an EMT or Paramedic. The County agrees to supply employees with copies of all paperwork
showing proof of Continuing Education Hours obtained by the employee at In- Service Training
classes offered by the County. This paperwork shall be supplied to the employee in such time as
to allow the employee to get recertification paperwork to the State of Florida in the time required
for recertification.
Section 35.2 — Florida Driver's License
Employees within the bargaining unit are required, as a condition of continued
employment, to maintain a current appropriate Florida Driver's license and must comply with
County Policy on Eligibility to Drive County Vehicles (CMA 5805).
93
Packet Page -4003-
12/11/2012 Item 16.E.8.
ARTICLE 36
IN- SERVICE /CONTINUING EDUCATION TRAINING
Section 36.1— CPR/Advanced Cardiac Life Support Re- Certification Classes
The County agrees to sponsor and conduct an American Heart Association CPR and
Advanced Cardiac Life Support certification and /or re- certification class on -duty at least once
every two years at no cost to the employees. The County agrees to make available to each
employee attending the training all necessary textbooks required for all classes.
Section 36.2 — In- Service Training
The County agrees to offer in- service training classes at a location within the County.
The classes will provide acceptable Continuing Education Units (CEU) for both EMT and
Paramedic re- certification. These in- service training classes shall be offered so employees are
able to attend while off duty. Employees shall be paid by the County at the appropriate rate for
each hour spent attending in- service training classes.
Due to the importance of the information contained in these educational opportunities,
the Medical Director has set the following requirements:
a) During the State of Florida two (2) year Paramedic/EMT re- certification
period, all EMS employees must attend all educational opportunities. These
classes are mandatory unless excused by the Medical Director or the EMS Chief,
in writing. The County agrees to offer each in- service training at least six (6)
times in an effort to be sure all EMS/Fire employees may attend. The County
agrees to provide adequate notice of in- service training. The County agrees that
there may be instances, such as, illness, injury, or pre - scheduled time off when the
94
Packet Page -4004-
12/11/2012 Item 16.E.8.
employee may not be able to attend an in- service, in such cases the County agrees
to record the training or provide an equivalent training opportunity for personnel
so that they can meet the requirements of the Medical Director.
b) Employees who arrive more than 15 minutes late or leave more than 15
minutes prior to the completion of the in- service, who fail to return from
designated break periods in a timely fashion, or who are asked to leave due to
disruptive or disrespectful behavior will not receive CEU's or credit of
attendance. It will be the employee's responsibility to sign in and out of the class.
C) Use of personal electronic devices during in- service is prohibited.
Electronic devices are to be powered off or set in silent (vibrate) mode and
secured out of view during the class. Cell phones may be used outside of
classroom areas during instructor directed breaks or lunches. Violators may be
asked to leave and will not receive CEU credit for any portion of the class.
Arrangements for emergency exceptions may be made with the Training Staff
prior to the commencement of the class on a case by case basis.
d) Attire Requirement: Casual dress will be permitted. No offensive dress
will be allowed. When dressing for classes, employees should remember that
these classes are held in public places and employees are officially representing the
department.
Failure to meet the attendance requirement may result in disciplinary action and may also
require a meeting with the Medical Director or his designee for remedial direction.
95
Packet Page -4005-
12/11/2012 Item 16.E.8.
ARTICLE 37
OUT -OF -TOWN TRANSFERS AND TRAVEL
Section 37.1— Mileage
When authorized by the County to use their personally owned vehicles for official
business or approved training, employees shall be compensated at the rate per mile in accordance
with Federal regulations.
Section 37.2 — Per Diem
When traveling outside of Collier County on approved business for the County and not
being paid their hourly rate of pay, employees shall be paid a per diem rate per day of
travel/business equal to the amount set by Federal regulations.
Section 37.3 — Out -Of -Town Transfers
Employees sent on a vehicle for an out -of -town transfer (outside Collier County and Lee
County) shall be provided the following:
A. Money for tolls (reimbursed upon return when requested using the proper
County form).
B. Money or credit card for fuel purchases.
C. Cellular telephone for emergency communications while outside Collier
County.
96
Packet Page -4006-
12/11 /2012 Item 16.E.8.
ARTICLE 38
MEDICAL QUALITY ASSURANCE
The Union and the County agree that Medical Quality Assurance is of paramount
importance in assuring the citizens of Collier County receive the best possible level of
Emergency Medical Pre - Hospital Care. The Union and the County also agree that the
responsibility for assuring quality medical care rests jointly with the Collier County Medical
Director, Collier County EMS/Fire Administration, and the employees.
97
Packet Page -4007-
ARTICLE 39
SAVINGS CLAUSE
Section 39.1— Savines
12/11/2012 Item 16.E.8.
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.
Section 39.2 — Re- Neeotiation
In the event of invalidation of any Article or Section, both the County and the Union
agree to meet within thirty (30) days of such determination for the purpose of arriving at a
mutually satisfactory replacement for such Article or Section.
98
Packet Page -4008-
12/11/2012 Item 16.E.8.
ARTICLE 40
EMPLOYEE RECOGNITION AND REWARD PROGRAMS
Section 40.1 — Participation in Programs
All bargaining unit employees shall be entitled to participate in and receive all benefits
(whether monetary or otherwise) of any longevity of service or other employee recognition and
reward program that is provided to all other County employees.
Section 40.2 — Right to Modify or Discontinue
The Union recognizes and agrees that all such employee recognition and reward
programs may be modified or discontinued by the County at any time for any reason and that the
rights of bargaining unit members in this regard will be no different than those of all other
County employees.
61
Packet Page -4009-
n
12/11/2012 Item 16.E.8.
ARTICLE 41
LABOR/MANAGEMENT TEAM
Section 41.1— Labor/Mannement Team
The County will establish and coordinate a Labor Relations Team whose goal is to create
an open dialog between EMS/Fire management and bargaining unit employees. The team is
considered a venue for employees to express concerns, ideas and to facilitate positive change
within the EMS/Fire organization and its practices. The Union and County shall each designate
three (3) members. The team will meet quarterly, or more often upon agreement of the parties,
and will be open to all bargaining unit employees. Discussion shall not be considered collective
bargaining negotiations.
QQ
100
Packet Page -4010-
ARTICLE 42
DURATION
Section 42.1 Termination
12/11 /2012 Item 16.E.8.
This Agreement will be in full force and effect as of the effective date of the ratification
of this Agreement by both parties, and shall remain in full force and effect until midnight, the
30`h day of September, 2015. Either party may elect to reopen the Agreement on a single Article
each year, during years two and three of the Agreement, by providing the other side thirty (30)
days advance notice in writing by May of each year. Either party may reopen negotiations for
the 2015 -2016 contract year and beyond by giving the other notice of intent to reopen by May 1,
2015. Failure to give notice of termination and intent to reopen will result in this Agreement
automatically renewing until notice is given during May of any subsequent year.
101
Packet Page -4011-
n
12/11 /2012 Item 16.E.8.
FOR COLLIER COUNTY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK OF COLLIER COUNTY, FLORIDA
Deputy Clerk , Chairman
Date: December , 2012
Approved as to legal form and suffi ' c
Scott R. Teach
Deputy County Attorney
THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING
UNIT AND APPROVAL BY THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS.
102
Packet Page -4012-
12/11/2012 Item 16.E.8.
FOR THE UNION:
Mike Holobinko, Vice President and Type or Print Name
Licensed Bargaining Agent for
Southwest Florida Professional Firefighters
& Paramedics, International Association of
Firefighters, Local 1826
Date
WITNESS:
2
103
Packet Page -4013-
Type or Print Name:
Type or Print Name:
Type or Print Name:
12/11/2012 Item 16.E.8.
APPENDICES
Appendix A — County Administrative Procedure 5805 — Eligibility to Drive County Vehicles
Appendix B — County Administrative Procedure 5325 — Training, Development and Education
Appendix C — County Administrative Procedure 5344 — Tuition Assistance
104
Packet Page -4014-
PRINCIPAL OFFICERS
IIALT STEVENS
President
;1111iE HOLOBLVW0
Tice President
MATT G:ILEU SICI
seerettay
WILLIAM SIMPSO \'
Field Reptrsenanive
DISTRICTS
DISTRICT I
Fort ;tfvers
DISTRICT 2
Lee Co. Ells
DISTRICT 3
Fort llwrs Beach
DISTRICT 4
North Fort dtvers
DISTRICTS
South Trail
DISTRICT 6
Lehi -6h Acres
DISTRICT 7
Iona McGregor
DISTRICTS
Tice.
DISTRICT 9
Stet curlos Pork
DISTRICT 10
Lee Co. CFI{
DISTRICT II
Estero
DISTRICT 12
Utn:.hore
DISTRICT 13
Pine Island
DIsi'R1L'r 14
Collier Co. EMS
DISTRICT 15
Fort livers Beach -
Deputy Chiefs
DISTRICT I
FortM.mrs:lsst. Chiefs
DISTRICT 17
Su n ihel
DISTRICT 18
.Fort ;11rers Shores
DISTRICT 19
Lehi,�lr Acres Buualion Chiefs
DISTRICT 20
Ft.lhrrs Shores Cupatins
DISTRICT 21
Sari Curbs Park Baaulion Chaps
12/11/2012 Item 16.E.8.
SOUTHI'VEST FLORIDA PROFESSIONAL FIREFIGHTERS & PARAMEDICS
LOCAL 1826 / I.A.F.F., INC.
2030 West 1st Street • Suite G • Fort Myers, Florida 33901 !�
(239) 334 -8222 • (239) 334 -8240 • Fat: (239) 334 -8228
E- mail: wNnv.1oea11826.com.
Nov 28, 2012
Chief Kopka
8075 Lely Cultural Pkwy
Suite 267
Naples, FL. 34113
Chief Kopka,
Let this serve as notice District 14, Collier County EMS Contract
ratification vote was approved. The vote held November 19, 20 and21, 2012
has been ratified by the members covered under the agreement. The vote has
been counted and certified on 11 -21 -2012 by the Secretary of IAFF Local
1826. If you have any questions I can be reached at 239 - 334 -8222.
i
Matt Galewski
Secretary
IAFF, Local 1826
1]ttiliuted with -: OP'TURE FIGITTERS
Floritlu 1'?- 0&'SSi07?ct1 Dire Fitihters
Packet Page -4015-