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Agenda 09/13/2011 Item #16F89/13/2011 -Item 16.F.8. EXECUTIVE SUMMARY Recommendation to approve and ratify the Collective Bargaining Agreement with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670. OBJECTIVE: For the Board of County Commissioners to approve and ratify a Collective Bargaining Agreement with the Professional Firefighters of the Everglades International Association of Fire fighters, Local 3670. 92NSIQERATIONS: The Professional Firefighters of the Everglades International Association of Firefighters Local 3670, through its bargain unit members, agreed to the terms of a proposed Collective: Bargaining Agreement with the County, as negotiated by County Staff, which was subsequently approved-by all the members of Local 3670. The effective date of the Collective Bargaining Agreement is October 8, 2011, subject to Board approval, and it will run through September 30, 2014. A copy of the Collective Bargaining Agreement is attached to this Executive Summary. FISCAL IMPACT: There was no increase in the salaries of any member of the union , covered under the negotiated Collective Bargaining Agreement. A de minimis fiscal impact will be experienced upon approval, because revised Article 31 'Of the Agreement provides for out of classification pay for an employee assigned to work temporarily at a higher pay grade. This revision, however, is consistent with the County's policy as applied to non- bargaining unit employees. The Collective Bargaining Agreement mostly follows the County's policies and procedures as applied to non - collective bargaining unit employees. Funding for this Collective Bargaining Agreement comes from the Ochopee Fire Control District Fund (Fund No. 146). GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATION: 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. RECOMMENDATION: it is recommended that the Board approve the attached Collective Bargaining ,Agreement negotiated with the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670, effective September 1.3, 2011, and authorize the Chairman to sign the agreement. Prepared by: Alan McLaughlin, Fire Chief r Packet Page -2986- 9/13/2011 Item 16.F.8. COLLIER COUNTY Board of County Commissioners Item Number: 16.F.8. Item Summary: Recommendation to approve and ratify the Collective Bargaining Agreement with the Professional Firefighters of the Everglades International. Association of Firefighters, Local 3670. Meeting Date: 9/13/2011 Prepared By Name: CrotteauKathynell Title: Legal Secretary,County Attorney 8/31/20114:32:40 PM Approved By Name: LybergAmy n Title: Director -Human Resources,Humari Resources Date: 9/1/2011 9:54:44 AM Name: McLaughlinAlan Title: Fire Chief,0chopee Fire Control District Date: 9/2/201.1 1:18:55 PM Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 9/2/2011 3:39:43 PM Name: SummersDan Title: Director Bureau of Emergency Services, Date: 9/2/20114:17:30 PM Names KlatzkowJeff Title: County Attorney, Date: 9/6/20113:21:22 PM Name: GreenwaldRandy Title: Management/Budget Analyst,0ffice of Management & B Date: 9/6/20114:27:04 PIV1 Packet Page -2987- 9/13/2011 Item 16.F.8. Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 9/6/20114:53:36 PM n • 9/13/2011 Item 165.8. COLLECTIVE BARGAINING AGREEMENT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS M!7 PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3670 Effective October 8, 2011 Packet Page -2989- IF 9/13/2011 Item 16.F.8. TABLE OF CONTENTS Packet Page -2990- Page # ARTICLE 1: PREAMBLE 4 ARTICLE 2: RECOGNITION 5 ARTICLE 3: MANAGEMENT RIGHTS 6 ARTICLE 4: STRIKE PROHIBITION AND WORK REQUIREMENTS 8 ARTICLE 5: NON DISCRIMINATION AND EMPLOYEE RIGHTS 9 ARTICLE 6: DUES DEDUCTION 10 ARTICLE 7: UNION ACTIVITY 13 ARTICLE 8: UNION BUSINESS 14 ARTICLE 9: BULLETIN BOARD SPACE 15 ARTICLE 10: EMPLOYEE STATUS 16 ARTICLE 11: WORK PERIOD AND OVERTIME COMPENSATION 17 ARTICLE 12: SENIORITY 18 ARTICLE 13: PROMOTIONS 19 ARTICLE 14: ASSIGNM ENT DURING DISABILITY (Restricted Duty) 20 ARTICLE 15: DISCIPLINE AND DISCHARGE 21 ARTICLE 16: GRIEVANCE AND ARBITRATION PROCEDURE 22 ARTICLE 17: PERSONNEL REDUCTION 28 ARTICLE 18: OUTSIDE EMPLOYMENT 29 ARTICLE 19: SICK LEAVE 30 Packet Page -2990- n 9/13/2011 Item 16.F.8. TABLE OF CONTENTS (CONT'D) Packet Page -2991- Page # ARTICLE 20: BEREAVEMENT LEAVE 34 ARTICLE 21: JURY DUTY AND COURT APPEARANCES 35 ARTICLE 22: MILITARY LEAVE 36 ARTICLE 23: PART -TIME EMPLOYEES 37 ARTICLE 24: HEALTH BENEFITS 38 ARTICLE 25: LIFE INSURANCE 39 ARTICLE 26: PENSION PLAN 40 ARTICLE 27: HEALTH AND SAFETY 41 ARTICLE 28: SALARIES 43 ARTICLE 29: SHIFT EXCHANGE 44 ARTICLE 30: POSTING OF SCHEDULES 46 ARTICLE 31: WORKING OUT OF CLASSIFICATION 47 ARTICLE 32: UNIFORMS AND EQUIPMENT 48 ARTICLE 33: EDUCATIONAL DIFFERENTIAL 50 ARTICLE 34: PARKING 51 ARTICLE 35: VACATION LEAVE 52 ARTICLE 36: SAVINGS CLAUSE 55 ARTICLE 37: ALCOHOL AND DRUG TESTING 56 ARTICLE 38: DURATION 58 ARTICLE 39: HOLIDAYS 59 ARTICLE 40: MEDIC RESCUE 61 Packet Page -2991- ARTICLE I PREAMBLE Section 1.1 9/13/2011 Item 16.F.8. This Agreement is entered into by and between Ochopee Fire Control District, a dependent taxing district, whose governing board is the Board of County Commissioners of Collier County, Florida, (hereinafter referred to either as the "Employer" or the "County ") and the Professional Firefighters of the Everglades International Association of Firefighters, Local 3670, (hereinafter referred to as the '`Union "). It is the purpose of this agreement to achieve and maintain harmonious relations between the Employer and the Union; to provide for equitable and peaceful adjustment of differences that may arise under this Agreement and to establish wages, hours, and other conditions of employment. Packet Page -2992- n 9/13/2011 Item 161.8. ARTICLE 2 RECOGNITION Section 2.1 The County hereby recognizes the Union as the exclusive bargaining agent for all employees of the Fire Department as certified by the Public Employees Relations Commission, Certification #1138, OR -96 -002. The appropriate bargaining unit is comprised as follows: INCLUDED: All employees of the Ochopee Fire Control District occupying the classifications of firefighter and lieutenant. EXCLUDED: All other employees of the Ochopee Fire Control District, Packet Page -2993- 9/13/2011 Item 16.F.8. ARTICLE 3 MANAGEMENT RIGHTS Section 3.1 Except as otherwise provided in this Agreement, the management of the Ochopee Fire Control District 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 remove the operation or any part thereof to any location; 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 assign or reassign employees to shifts, create or abolish shifts and rotate shifts; to require employees to work overtime; to establish and change hiring procedures; to set the work schedules; to transfer employees from job to job or shift to shift, either on a permanent or temporary basis; to evaluate and direct the work of the employees covered by this Agreement; to maintain, enforce, rescind or change County 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 County; to discipline or discharge employees for just cause; to lay off employees from duty for lack of work or for other operational reasons; to establish requirements for employment; to promote and demote employees and to have complete authority to exercise those rights and powers incidental necessary for the orderly and efficient operation of the District, shall be vested exclusively in the County. The Employer'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 Employer from exercising the same right in some other way not in conflict with the express provisions of this Agreement. Section 3.2 There shall be complete recognition of 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. Packet Page -2994- 9/13/2011 Item 16.F.8. Section 3.3 If, in the sole discretion of 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 Manager during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. Section 3.4 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 jobs related to public safety functions not specifically contained in their job description. Section 3.5 Delivery of County services in the most efficient, effective and courteous manner is of paramount importance. Accordingly, the Union agrees that it will instruct its members to work diligently in order that the services performed meet the above standards. /"N Section 3.6 Those inherent managerial functions, prerogatives and policy- making rights which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and /or arbitration procedure contained herein. Section 3.7 This Article does not remove the right of the Union to request impact bargaining on any management decision that is a mandatory subject of bargaining, as long as the Union's request is in writing. Any such request must be made within ten (10) calendar days of notice of such change to the Union, or, if no notice is given, within ten (10) calendar days of when the Union should have upon the exercise of due diligence become aware of such change. Packet Page -2995- 9/13/2011 Item 161 .8. ARTICLE 4 STRIKE PROHIBITION AND WORK REQUIREMENTS Section 4.1 The Union and bargaining unit members do not assert and will not assert or advocate any right to engage in any concerted 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 occupies also 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 Any and all employees who engage in a strike or in any violation of the strike prohibition under the Florida Constitution or Chapter 447, Florida Statutes, or this Article shall be disciplined, up to and including discharge, by the County, and any such action by the County shall not be grievable or arbitrable under the provisions of Article 16 - Grievance and Arbitration Procedure, except to determine if the employee engaged in a violation of this Article. There shall be no lockout by management during the term of this Agreement. Packet Page -2996- n 9/13/2011 Item 165 .8. ARTICLE 5 NON - DISCRIMINATION AND EMPLOYEE RIGHTS Section 5.1 Neither the County nor the Union shall discriminate against any employee covered by this Agreement because of Union membership or non - membership. Section 5.2 Employee rights as provided by local, state and /or federal law are hereby preserved, provided that allegations of discrimination based on race, sex, religion, national origin, disability, age or color will be resolved in the appropriate court or administrative agency and not under Article 15, the Grievance and Arbitration Procedure. Packet Page -2997- 9/13/2011 Item 16.F.8. ARTICLE 6 DUES DEDUCTION Section 6.1 The 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 initial setup cost of dues deduction if the Clerk of the Court charges the County for this service in an amount not to exceed Seventy Five ($75) Dollars. Section 6.2 Payroll deduction shall be accomplished each 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. Currently the dues amount to be deducted every pay period is twenty -five dollars ($25.00). Section 6.3 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 The Union agrees to indemnify the County, and hold it 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's compliance or efforts to comply with this Article. The County has no obligation to inform employees of the amount of Union dues or change of such dues. Section 6.5 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. Dues will only be deducted for employees who comply with Section 1 of this Article and who authorize deduction of dues by executing Exhibit 1. Packet Page -2998- n 9/13/2011 Item 165.8. Section 6.6 The County's 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 The County will not deduct or transmit to the Union at any time any monies representing fines, fees, penalties, or special assessments. Section 6.8 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 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. Packet Page -2999- 9/13/2011 Item 16.F.8. ARTICLE 6 -- EXHIBIT 1 Packet Page -3000- 9/13/2011 Item 16.F.8. n ARTICLE 7 n UNION ACTIVITY Section 7.1 There shall be no discrimination, interference, restraint, or coercion by the Employer against any employee for his activity on behalf of, or membership in, the Union. Nor shall there be any 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. 13 Packet Page -3001- jo 9/13/2011 Item 161 .8. ARTICLE S UNION BUSINESS Section 8.1 Meetings mutually set by the Employer and Union shall be set so as not to interfere with the Union spokesperson's work schedule. To this end, meetings will be scheduled during the Union spokesperson's off -duty hours unless this is mutually agreed to be impossible. Section 8.2 Union members shall be allowed to hold meetings at Fire Stations after 1900 hours provided such meetings do not interfere with training or any scheduled activities of the Department. 14 Packet Page -3002- n n 9/13/2011 Item 165.8. ARTICLE 9 BULLETIN BOARD SPACE Section 9.1 The Union may provide a bulletin board at its expense and the Employer restricts its use to notice of Union meetings /activities and meeting minutes. No political notices shall be displayed. A copy of all notices to be posted will be provided prior to posting to the Fire Chief or his designee. 15 Packet Page -3003- 9/13/2011 Item 16.F.8. ARTICLE 10 EMPLOYEE STATUS Section 10.1 The Employer shall maintain and post annually a current seniority list. This list shall be used whenever called for by specific articles and sections of this agreement and in such other cases as may be agreed upon by the Employer and the Union. Once this list is received, the Union has five (5) business days to raise any issues as to the correctness of the list. Otherwise, the list will be accepted as correct for all purposes. 16 Packet Page -3004- 9/13/2011 Item 16.F.8. ARTICLE 11 n WORK PERIOD AND OVERTIME COMPENSATION Section 11.1 Employees in the classifications Firefighter and Lieutenant Firefighter shall work one of the following regular schedules: A. Twenty -four (24) hours on duty followed by forty -eight (48) hours off duty in a repeating rotating schedule. B. If any other shifts are started other than as set forth above, the County will advise the Union and, upon request, negotiate over the new shifts prior to the implementation. C. Nothing in this article shall be interpreted as a guarantee of any number of hours of work per day or per week. Section 11.2 Overtime will be paid in accordance with the Fair Labor Standards Act. Paid time off for leave shall not be counted as time worked, unless otherwise provided for in this Agreement. Section 11.3 Nothing in this Article or in this Agreement shall be interpreted as prohibiting or in any way restricting non- bargaining unit members from performing bargaining unit work. Section 11.4 The pay period shall begin at Saturday 0800 hours and end 14 days later on Saturday 0800 hours. Time and one -half the employees' regular straight -time rate will be paid for hours actuallv worked in excess of 53 hours in any work week. Section 11.5 Compensatory leave time may be authorized at the Employer's discretion to maintain shift status. Compensatory leave time shall be accrued at the rate of time and one -half for each hour worked.. The Employer may not prohibit an Employee from using accrued compensatory leave time unless the time off would create a disruption in operations. All other rules governing the application of compensatory time shall be as set forth in CMA 9. 5341(14), which is attached. Section 11.6 — Pay Period The County has established a 14 day work cycle. Employees will be paid all hours worked in that cycle. Section 11.7 — Leave Time Counted as Time Worked Only vacation, personal leave, jury duty pay, and holiday leave will be considered as productive time for the purpose of determining overtime pay. In instances when an employee uses sick leave and its usage would affect budgeted overtime pay as outlined under the Fair Labor Standards Act (weeks when an employee is scheduled for three 24 hour work shifts), sick leave will be considered productive time in an amount up to 19 hours of time. 17 Packet Page -3005- 9/13/2011 Item 16.F.8. ARTICLE 12 SENIORITY Section 12.1 Seniority is defined as continuous service with the Ochopee Fire Control District and is that time actually spent on active payroll. The seniority date shall be an employee's last date of hire in the Ochopee Fire District. Prior service with Collier County Government or with any other public agency will not count except to the extent required by law. Employees with the same employment date shall be assigned to the seniority list by the lowest four digits of their social security number with the lowest number having greatest seniority. 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. Section 12.2 The first six (6) months of employment with Ochopee Fire Control District shall be considered probation. An employee will be off probation and considered a regular full -time employee upon receipt of a "ineets expectation or above" evaluation, which is performed after six (6) months of employment. Probation may be extended in three -month increments to achieve certifications required for employment. During the extension of probation, a person can be evaluated and made a regular employee at any time. During the probationary period, including any mutually agreed upon extension, the probationary employee is not entitled to utilize the grievance and arbitration procedure under Article 16 of this contract. Section 12.3 Break in Continuous Employ When there has been a break in continuous employment for thirty (30) days or more, except for any approved leave or a layoff, the affected employee, upon reinstatement or re- employment, will be considered a new employee for all purposes under this contract. In Packet Page -3006- 9/13/2011 Item 16.F.8. ARTICLE 13 n PROMOTIONS Section 13.1 Promotions are offered in an effort to recognize and reward an employee for acceptance of increased responsibilities. A promotion occurs as a result of a competitive process for a vacant position. Ochopee department employees who meet the minimum requirements established in the position classification and successfully complete the promotional testing process will be given first consideration in filling the vacancy. Upon promotion to a classification with a higher pay grade, the employee shall receive up to a 10 percent (10 %) pay increase or the base salary of the new position, whichever is greater, pursuant to County CMA 95341 (attached). Section 13.2 Any time an employee accepts a promotion to any position within the District, that employee shall be on probation for the first six months in the new position. At any time during the six -month probationary period, the employee may be demoted without recourse provided the employee is returned to the employee's prior job classification without loss of seniority, as soon as an opening permits. A demoted employee will be paid at the rate the employee would have received had he /she not been promoted. The demoted employee will be provided a written ^ explanation as to why he or she was demoted. 19 Packet Page -3007- 9/13/2011 Item 16.F.8. ARTICLE 14 rte, ASSIGNMENT DURING DISABILITY (Restricted Duty) Section 14.1 Any member of the bargaining unit that is unable to work shall receive compensation consistent with Workers' Compensation Laws, Federal Laws, and Disability Insurance. A bargaining unit member may be assigned to a restricted duty position, due to a temporary disability and, if so, shall be assigned a duty schedule consistent with the physician order and be compensated as if they worked their regular shift schedule regardless of the actual hours worked as long as there are accumulated leave hours banked to cover any nonproductive time. If assigned to temporary duty, accumulated leave will be utilized to maintain the bargaining unit member's normal salary. Compensation and fringe benefits will be paid in accordance with the normal gross weekly wage of their regular position. The Employer may coordinate such payment of compensation with applicable Workers' Compensation Laws, Federal Laws, Disability Insurance, and other sources that contribute to or govern the payment of compensation. In no case shall such an employee receive compensation, which shall exceed their normal compensation nor shall the Employer extend such restricted duty assignment, if provided, beyond the date of maximum medical improvement. Temporarily disabled employees both due to disabilities occurring on or off duty, shall return to temporary duties, if offered, or full time normal duties, subject to such release by their treating physician. The Employer reserves the right to seek an independent medical opinion as it deems necessary with the cost of such independent medical examination to be borne by the Employer. Nothing in this section shall be construed to prevent or limit the Employer in determining the type of temporary duty assignment or the number of hours per day or week for such assignment consistent with medical limitations. An employee under such temporary restricted duty assignment shall continue to be responsible for the payment of their employee contribution, if any, under the County's group insurance program. 20 Packet Page -3008- 9/13/2011 Item 165.8. ARTICLE 15 DISCIPLINE AND DISCHARGE Section 15.1 All matters of discipline involving any employee covered by this Agreement shall be governed by the Collier County Human Resources Administrative Practices and Procedures Manual, County Manager's Agency Instruction 5351 (CMA 95351) -- Discipline (attached), as amended from time to time, and shall not be subject to the Grievance and Arbitration Procedure (Article 16) contained in this Agreement. 21 Packet Page -3009- 9/13/2011 Item 16.F.8. ARTICLE 16 GRIEVANCE AND ARBITRATION PROCEDURE Section 16.1 In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed to and understood by both parties that there shall be a procedure for the resolution of grievances between the parties arising from any alleged violation of a specific term of this Agreement. Section 16.2 Definition: 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. Section 16.3 Nothing in this Agreement shall be construed to prevent any employee from presenting, at any time, his/her own grievance in person or by a representative to the Employer and having such grievances adjusted without the intervention of the bargaining agent; provided the adjustment is not inconsistent with the terms of this Agreement and a Union Steward is given the opportunity to be present at any meeting, if held, and provided further that any scheduled meeting, if any, will not be delayed for more than twenty -four hours to allow for the presence of a steward. The Union will be notified by the Employer of the disposition of the grievance within ten (10) working days of the decision. If the grievant requests Union representation, the grievant will notify the Employer. It is the responsibility of the grievant to notify the Union of any meeting called for the resolution of grievances, whether or not the employee desires to be represented by the Union. Section 16.4 A. Every 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 Frith, 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 his /her grievance. B. The Union will not be required to process grievances for employees who are not members of the Union. C. The commencing of legal proceedings against the County in a court of law or equity, or before the Public Employee Relations Commission, or any other administrative agency for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be deemed a waiver by said employee or the Union of its /their right to resort to the grievance and arbitration procedure contained in this Article. 22 Packet Page -3010- 9/13/2011 Item 165.8. Section 16.5 All grievances, as outlined above, must be in writing and must contain the following information: (1) Article and Section of the Agreement alleged to have been violated; (2) A statement of the grievance, giving facts, dates and times of events, and specific violations with the remedy or adjustment desired; (3) Signature of aggrieved employee and date signed; and (4) Signature of the Union representative (must be a designated official or steward) if the grievant requests Union representation and is a Union member. Any grievance not containing the information set forth above or not timely submitted may be processed through the grievance procedure, but shall not be subject to arbitration absent the mutual consent of the parties. The grievance must be submitted and completed in full as set forth in Exhibit 2 of this Agreement. Section 16.6 Grievances shall be processed in accordance with the following procedures: STEP l: The grievant shall present in writing his/her grievance to the Fire Chief or n designee within fourteen (14) calendar days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The Fire Chief or designee shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievance was presented to him/her. Failure of the Fire Chief or designee 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 grievant does not settle his /her grievance in Step 1, the grievant, within fourteen (14) calendar days after the response is received at Step 1 of the Grievance Procedure, may present it to the Bureau of Emergency Services Department Director, or his/her designee. The Director or his/her designee shall investigate the alleged grievance as appropriate and may, within fourteen (14) calendar days of receipt of the written grievance, conduct an informal hearing or meeting between him/herself, the grievant, and others as necessary. The Director or his /her designee shall notify the aggrieved employee in writing of the decision not later than fourteen (14) calendar days following the conclusion of the investigation and/or hearing of the grievance in Step 2. Failure of the Director to timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 3. STEP 3: If a grievance, as defined in Section 16.5 of this Article, has not been satisfactorily resolved within the grievance procedures, the grievant may, within fourteen (14) calendar days after the response is received at Step 2 of the Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service. A copy of the written request will be provided to the Director. 23 Packet Page -3011- 9/13/2011 Item 16.F.8. Section 16.7 r� Upon receipt of the list, an arbitrator shall be selected from such panel by alternately striking names from this list (the grievant shall strike first) until the last name is reached. Section 16.8 The following general rules are applicable to this Article: A. 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 precedent in any subsequent arbitration case unless the Union and the County mutually agree in writing that the grievance is precedent setting. B. No grievance can be amended or supplemented after the initial management response at Step 1 without the written consent of the Director. C. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. D. The arbitrator shall have no power to establish wage scales, rates of pay for new jobs, or to change any wage, except if he is specifically empowered to do so by both parties. E. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Section 16.2 and which comply with the requirements of Section 16.4 (A) and (C), Section 16.5 and the time limits established by this Article. F. 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 Section 16.5. G. The arbitrator shall not receive into evidence nor rely upon any past practices that occurred prior to the date of execution of this Agreement. H. The arbitrator, from any back pay award, shall deduct any unemployment compensation received by the grievant. I. The arbitrator's sole authority with regard to monetary awards is the award of back pay. No interest, costs or other damages of any type whatsoever may be awarded. Back pay may be awarded for the time prior to the date of filing of the grievance, up to but no more than one (1) pay period prior to the filing of the grievance. J. Only grievances based on events or occurrences, which occur after the date of the execution of the Agreement can be processed under this Article. 24 Packet Page -3012- 9/13/2011 Item 16.F.8. Section 16.9 There shall be no appeal from the arbitrator's decision; it shall be final and binding on the 110� Union and on all bargaining unit employees and, after final approval by the Board of County Commissioners, 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 16.10 The costs for the arbitrator fees and expenses shall be borne equally by the parties. Expenses for witnesses, attorneys and requested transcripts shall be borne solely by the party requesting and /or utilizing them. Transcripts, if recorded by a court reporter, may only be obtained directly from a court reporter. 25 Packet Page -3013- EXHIBIT 2 IAFF LOCAL 3670 GRIEVANCE PROCEDURE I, (Last Name) (First Name) (Middle Name) submits the following grievance which took place on at against (Location) (Name) Article(s) and Section(s) of the Labor Agreement alleged to have been violated 9/13/2011 Item 16.F.8. (Class /Rank) (Date /Time of Day) Statement of Grievance: Date, Details, and Facts upon which grievance is based: Remedy or Solution requested: (Signature of Employee) F1 Packet Page -3014- (Date) 9/13/2011 Item 16.F.8. Step 1) Discussion of Grievance with Fire Chief: Resolved ❑ Unresolved ❑ Date: Submitted to Step 2 - Date: Step 2) Discussion of Grievance with Emergency Services Director Resolved ❑ Unresolved ❑ Date: Submitted to Step 3 - Date: Step 3) Arbitration Panel from the Federal Mediation and Conciliation Service: Date: n 27 Packet Page -3015- 9/13/2011 Item 16. F.8. ARTICLE 17 PERSONNEL REDUCTION Section 17.1 In the event of a reduction in force, the County will consider a number of relevant factors in determining selections for layoff; with the public interest to be of prime importance. Factors to be considered include, but are not limited to: A. The average rating on the performance evaluations for the last 3 years; B. Conduct /disciplinary record for the last 3 years; C. Attendance record for the last 3 years, and D. Seniority within classification. As between two employees in the bargaining unit, if the County in its sole discretion determines factors A, B and C are relatively equal at the time of layoff, then seniority shall prevail. Section 17.2 Recall will be in reverse order of layoffs. No new bargaining unit employees will be hired by the County until all members of the bargaining unit who were laid off in the prior 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 Services Director. Failure to respond to the notice within the prescribed time limits previously stated shall constitute a resignation by the employee. 28 Packet Page -3016- 9/13/2011 Item 16. F.8. ARTICLE 18 OUTSIDE EMPLOYMENT Section 18.1 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 professional manner. Section 18.2 Employees 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. In such instances, the employee's primary obligation shall continue to be to the County and he /she shall arrange his/her affairs accordingly. Before accepting outside employment of any kind, the employee must give a written notification to the Fire Chief, and follow the County CMA #5380 (attached) procedures for requesting outside employment. Outside employment must not prevent the employee from being mentally and physically able to work when the employee reports for duty with the County. 29 Packet Page -3017- 9/13/2011 Item 16.F.8. ARTICLE 19 SICK LEAVE Section 19.1 A. Eligibility All regular and probationary employees shall be entitled to accrue and use accumulated sick leave with pay from the date of hire. Under no circumstances shall temporary or other non- regular employees be eligible under this provision. B. Accrual of Sick Leave 1. Regular full -time employees hired after September 30, 1993, shall accrue 5.17 hours of sick leave per bi- weekly pay period. 2. Regular full -time employees hired on or before September 30, 1993, shall accrue 6.47 hours of sick leave per bi- weekly pay period. 3. Employees may accrue an unlimited number of sick leave hours throughout their County career. 4. Employees hired from Constitutional Officer agencies without a break in continuous service, or 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 accrual rate. 5. Temporary- or seasonal employees do not receive sick leave accrual nor does their temporary employment count toward years of service. 6. Sick leave shall be accrued on regular hours worked, earned annual leave taken, earned sick hours taken, holiday hours, jury duty and military leave. 7. Leave without pay and overtime hours are excluded from sick leave accrual. C. Use of Sick Leave 1. The minimum charge for sick leave shall be in thirty (30) minute units. 2. Sick leave may be granted for the following purposes: a. Personal illness or injury. b. Appointments with medical, dental, or other recognized practitioners for consultation or treatment of the employee. C. Serious illness and/or disability in the employee's immediate family, for up to five (5) days for any one incident. (Note: Immediate family is defined as: spouse, mother, father, brother, sister, or children.) n 30 Packet Page -3018- 9/13/2011 Item 161.8. d. Disabilities arising out of pregnancy, childbirth, and recovery there n from shall be treated as other temporary, non job connected disabilities in terms of eligibility for sick leave, vacation, or leave of absence. D. Notification and Proof of Illness 1. The employee or his/her representative shall be responsible for notifying the Lieutenant before work or within the first hour of the employee's normal workday on each day of absence. Failure to provide timely notice may be cause for denial of sick leave pay for the period of time. 2. The Fire Chief or designee is responsible for determining that sick leave is properly authorized and used in accordance with these rules. 3. If more than one scheduled shift is missed, a doctor's excuse may be required. 4. When an employee has had an illness which requires hospitalization or results in absence from work for more than two (2)_consecutive shifts, the employee shall provide a doctor's certificate stating that the employee may return to work to be eligible for sick leave pay. 5. In cases of accident or injury, a medical leave may be granted without prior notice. If the leave is due to an accident that happens at work, the Department Director must notify the Human Resources Department and the Risk Management Department immediately. 6. An employee is generally required to first use all accrued sick leave, then, if approved by the Fire Chief or designee vacation leave, when out on leave for medical reasons. E. Sick Leave Pay Upon Termination: Sick Leave will be paid in accordance with CMA 5360 — Leaves of Absence. F. Attendance Incentive Plan 1. The Attendance Incentive Plan is designed to reward regular full and regular part time employees with good attendance records, on an annual basis, by permitting them to convert a portion of their accrued, unused sick leave to vacation and/or pay. 2. For administrative purposes, the attendance record of each employee is reviewed by the Human Resources Department on an annual basis from January 1 to the end of the last pay period of the calendar year. The attendance incentive will be tabulated by using the leave report provided by the Payroll Department. To be eligible for the incentive, an employee must have completed one (1) full year of employment on December 31. schedule: 3. The conversion of sick leave shall be in accordance with the following 31 Packet Page -3019- Sick Leave Used Durina Year None used - Perfect Attendance 1 day or less used (normal workday) 2 days or less used (normal workday) More than 2 days used (normal workday) 9/13/2011 Item 165.8. Incentive Convert 3 days sick leave to vacation or convert 3 days sick leave to one day vacation and two day's pay. Convert 2 days to vacation. Convert 1 day to annual vacation. No hours may be converted. 4. Employees who do not wish to convert unused sick leave may continue the accrued hours in their sick leave account provided the Human Resources Department is advised of this choice in writing. 5. Employee participation in the leave bank program will not impact their eligibility for the Attendance Incentive Program. G. Leave Bank (as of the 1/1/2005 changes for all County emplovees) The Leave Bank was established in 1990 in order to provide a method to continue to compensate employees who had used all of their accrued time due to a serious illness or injury. In recent years it has become increasingly difficult to operate the Leave Bank in its present state, as our employee population has grown considerably. Therefore, a number of changes in how the Bank will be operated are being implemented, effective January 1, 2005. The significant changes are listed below. In November, employees will once again be given the opportunity to join the Leave Bank. Also, in the near future a replenishment of the Bank is planned. Please read the changes below carefully: 1. A member no longer must deplete his/her vacation accrual in order to receive hours from the Leave Bank, 2. An employee must be a member for at least six months in order to apply for supplemental hours. 3. An employee must apply and be approved for Short Terra Disability benef is in order to receive hours from the Leave Bank, 4. If approved, the employee will receive Short Term Disability benefits and the Leave Bank will supplement those benefits in an amount equal to 26 hours per pay period. 5. If desired, an employee may supplement these benefits with vacation time. 6. Upon requesting hours from the Leave Bank, an employee may be required to provide an explanation of sick leave usage if he/she is a long term employee with little or no sick leave accrual or if he /she has consistently used sick leave as it was accrued and has never shown an intent to accumulate hours for future unforeseen circumstances that may require an extended 32 Packet Page -3020- 9/13/2011 Item 16.F.8. leave. 7. Leave Bank hours will be granted for scheduled medical treatments that temporarily incapacitate an employee's ability to work a normal schedule. 33 Packet Page -3021- 9/13/2011 Item 16.F.8. ARTICLE 24 BEREAVEMENT LEAVE Section 20.1 A. In the event of a death to a member of an employee's immediate family, bereavement leave with pay shall be granted. This is a separate leave account and is not charged against any other leave account. Bereavement leave may be taken as one (1) 24 -hour shift or up to two (2) 24 hour shifts for an out -of -state death or three (3) eight -hour days depending upon the circumstances. B. For purposes of this policy, family is defined as: husband, wife, mother, father, mother -in -law, father -in -law, brother, sister, brother -in -law, sister -in- lave, children, foster children, step - parents, step - children, grandchildren, grandparents, aunt, uncle, or a close relative living with the employee. C. Additional days, if requested, may be granted to an employee and charged against the employee's accrued vacation leave. Sick leave may not be used for bereavement. D. Each employee requesting and receiving paid bereavement leave may be required to furnish evidence of the name and relationship of the family member involved. Such evidence might include a physician's statement, death, certificate, newspaper report, etc. 34 Packet Page -3022- 9/13/2011 Item 165.8. ARTICLE 21 n JURY DUTY AND COURT APPEARANCES Section 21.1 It is the practice of the County to provide paid time off for jury duty and court appearances to facilitate our employee's availability to meet civic responsibilities. A. An employee who is called for jury duty on a regularly scheduled workday shall be granted jury duty pay, upon presentation of a summons or subpoena. Any fees received for jury duty shall be returned to the County except for meals, travel, and lodging. B. An employee who is subpoenaed as a witness on a regularly scheduled work day not involving the employee's personal litigation shall be granted time off with pay, and any witness fees awarded shall be returned to the County. C. An employee who appears in Court as a witness, plaintiff, or defendant due to personal litigation or criminal charges shall be required to use vacation for any such absence from work. If vacation is not available, the employee may use leave without pay. The employee would not be eligible for reimbursement of any meals, lodging, or related travel expenses. D. An employee who is subpoenaed as a witness and /or appears in court as a result of County business shall be granted time off with pay, and any witness fees awarded, except for �' meals, travel, and lodging, shall be returned to the County. E. Employees required to attend Court on their day off as a result of County business shall be paid for their time, and any witness fees awarded, except for meals, travel, and lodging, shall be returned to the County. F. Employees who attend Court for only a portion of a regularly scheduled work day are required to report to their supervisor and return to work after being excused or released by the Court in order to be eligible for jury duty pay. G. In the event a County holiday occurs during the period of the jury duty, the employee shall receive pay for the holiday and not jury duty pay. 35 Packet Page -3023- 9/13/2011 Item 165.8. ARTICLE 22 MILITARY LEAVE Section 22.1 A. 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 official orders, be granted leave with pay to the extent required by state statute. 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 Division Administrator. B. 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 this thirty (30) day period, the military leave of absence will continue, with the County providing a supplement to 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 entire duration of the active duty service, not to exceed five years total. The County will continue to maintain the employee in full benefits status for the time frame specified above. C. 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 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. D. Reinstatement Upon discharge from active military service, an employee who wishes to return to County employment shall be reinstated in accordance with federal regulations applicable at the time of discharge. 36 Packet Page -3024- n 9/13/2011 Item 165.8. ARTICLE 23 PART -TIME EMPLOYEES Section 23.1 The County reserves the right to hire and /or utilize part-time and/or temporary employees, or volunteers to perform bargaining unit work. These individuals will be used primarily to cover overtime requirements, cover for vacation and sick leave, or to otherwise supplement the regular employee compliment. A regular full -time position will not be replaced by a part -time employee, subject to available budgetary funds. The use of volunteers shall be as a complement and not a substitute to perform full -time bargaining unit work. Section 23.2 Temporary and part-time employees shall serve at the will of the County. Temporary and part-time employees shall not be covered by any Article of the contract unless the Article or Section specifically includes temporary or part-time employees. 37 Packet Page -3025- 9/13/2011 Item 16.F.8. ARTICLE 24 HEALTH BENEFITS Section 24.1 Employees shall be eligible to participate in the Collier County Group Benefit Plan subject to the terms and conditions of the Plan as adopted by the Board of Commissioners effective January 1, 1997 and as may be amended by the Board of 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 Commissioners for non -union employees. The County agrees that, if there is any change in any 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. Packet Page -3026- n 9/13/2011 Item 16. F.8. ARTICLE 25 LIFE INSURANCE Section 25.1 The Employer shall provide group term life insurance protection for each Union member in an amount equal to two (2) times the annual salary of the Union member. The Employer shall pay 100% of the premium for this coverage. Terms and conditions of such coverage shall be governed by the insurance company issuing underwriting and coverage. There will be compliance with Florida Statute relative to death benefits. 39 Packet Page -3027- 9/13/2011 Item 16.F.8. ARTICLE 26 PENSION PLAN Section 26.1 During the term of this Agreement, eligible employees shall continue to participate in the Florida Retirement System. Section 26.2 The County will contribute as required by the provisions of the plan. Section 26.3 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 of 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. 40 Packet Page -3028- 9/13/2011 Item 16.F.8. ARTICLE 27 HEALTH AND SAFETY Section 27.1 The Employer agrees to provide reasonable standards of safety and health in the Fire Department in order to eliminate as much as possible, accidents, deaths, injuries, and illnesses in the fire service. Health and safety is a joint responsibility, therefore, employees must follow all safety standards. Section 27.2 There shall be a joint safety and health committee composed of an equal number of Employer and Union representatives. The Union representatives shall be selected by the Union. The roles and responsibilities of this committee shall be reviewed and approved by the County's Risk Management Director. The Committee shall not have authority to engage in collective bargaining. Section 27.3 The Employer shall furnish and thereafter maintain at no cost to the employee all respiratory apparatus, gloves, helmets, protective clothing and other protective equipment, such as personal alarm devices, and personal flotation devices, necessary to preserve and protect the n safety and health of firefighters. Section 27.4 All protective clothing and equipment shall meet the standard, whether existing or promulgated during the term of this agreement, that provides minimum standards, if standards exist, (otherwise the County can provide the equipment of its choice) of worker protection from among federal, state, provincial or voluntary consensus standards. The Employer shall provide all employees with training in the safety and health problems of the work. environment and the use and proper maintenance of protective equipment, protective clothing, respiratory apparatus and all other protective devices. The Employer agrees to provide a continuing program of safety and health for all employees to develop an ongoing safety awareness aptitude. In the event of the introduction of new technology or other changes in work processes, the employees affected shall be fully trained in all the health and safety aspects of the new procedure, work process or equipment. Section 27.5 Only personnel who have been trained and certified by the manufacturer or applicable Federal Agency shall be permitted to perform maintenance and/or repairs on self - contained breathing apparatus. 41 Packet Page -3029- 9/13/2011 Item 16. F.8. Section 27.6 The Employer -Mll provide an Employee Assistance Program consistent with the program provided for all other County Emergency Services Personnel. 42 Packet Page -3030- n 9/13/2011 Item 16.17.8. ARTICLE 28 SALARIES Section 28.1 The Salary schedule set out below shall be a part of, and is subject to all the provisions of this Agreement. Classification Minimum Marketwint Maximum Match Point Firefighter $15.1210 $17.7894 $22.2368 $19.5683 Fire Lieutenant $19.8557 $23.3597 $29.1996 $25.6957 Section 28.2 Performance based merit pay and COLA will be offered to qualifying members of the bargaining unit consistent with the annual merit increases and any COLA as may be established by the County Manager for all County employees. Section 28.3 Qualifying members of the bargaining unit shall receive pay plan market adjustments based upon the annual wage and salary market survey conducted by the Human Resources Director and approved for implementation by the County Manager. Upon the mutual agreement of the Parties, if the Isle of Capri Fire & Rescue District is to receive a pay adjustment based upon an annual wage and salary market survey, Article 28 may be reopened for the limited purpose of addressing this issue. Section 28.4 After the contract has been ratified by both the parties, any earned merit and COLA raises will be effective retroactive to October 1, 2011.. 43 Packet Page -3031- 9/13/2011 Item 161 .8. ARTICLE 29 SHIFT EXCHANGE Section 29.1 The trading of time between employees will be permitted in accordance with the following provisions: a} Employees with equal qualifications (defined as the same and /or similar certifications, training, years of experience, etc.) can exchange with each other within their rank and classification and are limited to five (5) shift exchanges within a thirty-day period with all exchanges repaid within 180 days. Shift exchanges for education/training may exceed this limitation if approved in advance by the Fire Chief or designee. b) All exchanges must be requested in writing on the Department shift exchange request form and approved or denied at the sole discretion of the -Fire Chief or designee. C) Employees are prohibited from paying another employee to work any portion of their shift. Only exchanges of time will be permitted. d) Shift exchange paybacks must be scheduled at the same time as an initial shift exchange or otherwise follows the procedures of this Article. e) No employee may be scheduled to be on duty as a result of a shift exchange for more than forty -eight (48) consecutive hours when assigned to the 24/48 schedule. f) Employees will be responsible for all record keeping of proper exchanges as permitted by the Fair Labor Standards Act. g} Shift exchanges for employees reporting late for work will not be permitted. h) An employee that enters into a shift exchange that causes the employee to leave work early in order to meet the trade or duty obligation at another station shall ensure that the units are staffed without any overtime pay obligation to the County. i) Exchange request shall be submitted to the Department five calendar days in advance of the requested initial exchange. 44 Packet Page -3032- 9/13/2011 Item 16. F.8. Except for the residual exchange provided in Section 30.1 (h), a shift exchange must be fully approved and signed by all the following in order, and placed on the roster prior to the substitution taking place. Exchange requests shall be submitted on the Department form 5 calendar days in advance of the requested exchange. STEPS FOR SIGNATURES AND APPROVAL: I . The employee wishing the shift exchange. 2. The employee agreeing to the exchange. 3. The shift supervisor (currently the Lieutenant) for employee initiating shift exchange. 4, The shift supervisor (currently the Lieutenant) for employee agreeing to pay back shift exchange. 5. Last supervisor places shift exchange on roster. Section 29.2 An employee scheduled to work a shift exchange is not eligible for any type of paid leave. Section 29.3 In the event an employee scheduled to work for another does not report, the employee normally scheduled to work will be charged vacation leave or, if vacation leave is exhausted, will have his/her sick leave charged. Section 29.4 The Employer 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. Employees owed shift exchanges must get exchanges paid back prior to the promotion of either employee involved in the shift exchange or forfeit the return exchange. 45 Packet Page -3033- 9/13/2011 Item 16.F.8. ARTICLE 30 POSTING OF SCHEDULES Section 30.1 Employees will be scheduled by management on an as- needed basis and will be advised of their schedule via a posted monthly schedule, which may be subject to change. 46 Packet Page -3034- n 9/13/2011 Item 165.8. ARTICLE 31 WORKING OUT OF CLASSIFICATION Section 31.1 Should an employee be designated for a temporary assignment to perform work in a higher classification within the bargaining unit, the employee shall receive a separate differential of $1.51 per hour, not added to base pay, for all hours worked in the higher classification. This represents ten percent (10 %) of a minimum firefighter salary as provided in Article 28. Upon completion of the temporary assignment, the differential pay will be discontinued. 47 Packet Page -3035- 9/13/2011 Item 16.F.8. ARTICLE 32 UNIFORMS AND EQUIPMENT Section 32.1 The County will furnish all new full -time and part -time employees in job classifications Firefighter and Lieutenants with uniforms and equipment in accordance with current policy. Section 32.2 The employees in the above classifications will be provided replacement of uniforms as deemed necessary by the Fire Chief: To receive the uniform replacements, the old uniforms and jump suit must be turned in. Section 32.3 Equipment damaged due to negligence or loss shall be replaced at the employee's expense. Section 32.4 Employees are required to wear these uniforms and report to work in a clean and neat appearance. The employee will be required to wear a plain white or Department issued gray crew neck t- shirt, black shoes or boots, and a black belt as a part of the issued uniform outlined in this Article. In addition, employees wearing low cut shoes will be required to wear solid dark blue or black socks. Employees must also report to work with a watch that contains a second counter and pens as required for paperwork. In extremely cold weather employees will be permitted to supplement their uniforms with long underwear (white or dark blue) and Department sweat shirt tops worn either under their uniform shirt as needed. The Department agrees to supply the equipment listed in this Section. Section 32.5 No jewelry of any type may be worn while on duty except for a wedding ring, wristwatch and /or medic alert bracelet. No other jewelry will be permitted. Permitted jewelry shall be appropriate to the tasks, which are normal and customary for the employee's duties. The Employer shall reimburse the employee for the loss of or damage to such permitted jewelry, which occurs during the course and scope of employment subject to the reasonable and customary cost of its replacement or repair. In no case, however, shall the cost to repair or replace such permitted jewelry exceed $150 for a watch. Section 32.6 Employees will maintain their hair in a clean and groomed condition. Hair shall be 48 Packet Page -3036- 9/13/2011 Item 161.8. pulled back so as to prevent it from falling into an employee's face /eyes or touching their collar. Employees will be clean - shaven on duty. A mustache that does not come between the sealing 110'1 surface of the face piece and the face is pemussible. Section 32.7 When the employment relationship is terminated for whatever reason, the employee will be responsible for the return of all equipment furnished under this Article to the County. All equipment must be returned in good condition and all uniforms will be cleaned and pressed prior to departure. 49 Packet Page -3037- 9/13/2011 Item 16.F.8. ARTICLE 33 EDUCATIONAL DIFFERENTIAL Section 33.1 The Employer will satisfy the current respective Florida Statute requirements and will remain consistent with future changes in the Florida Statutes. Tuition reimbursement will be in accordance with CMA #5344 (attached) as provided for all County employees. :37 Packet Page -3038- n 9/13/2011 Item 16.F.8. ARTICLE 34 PARKING Section 34.1 The Employer will continue the current practice of providing parking within defined parking spaces. No maintenance, washing, or waxing of vehicles shall occur on District property regardless of whether or not an employee is on or off duty. it Packet Page -3039- 9/13/2011 Item 16.F.8. ARTICLE 35 VACATION LEAVE Section 35.1 Eli ibg_ilit�= All regular full -time and regular part-time employees shall be entitled to earn vacation leave, provided the time has been accrued at the beginning of the pay period for the time taken. Vacation is accrued from the date of hire and is retroactive to the hire date upon successful completion of the probationary period. Under no circumstances shall temporary, contractual, emergency, or similar employees be entitled to vacation benefits. (See also CMA #5360) Section 35.2 Accrual of Vacation Leave 1. Vacation leave for regular full -time and regular part-time shall be accrued from the date of hire for each normally scheduled hour of work, based upon the following hourly rates: Length of Service Yearly Vacation Hours Accrual Per Biweekly Pay Period 1 — 2 Years 120 4.615 3 — 6 Years 168.02 6.464 7 — 20 Years 240 9.23 21 + Years 288 11.08 2. Vacation shall be accrued on regular hours worked, earned vacation taken, earned sick hours taken, jury duty and military leave. Any leave without pay and the hours worked in excess of the normal work period, whether paid at straight time or overtime, are excluded from hours worked when determining vacation accrual. 3. Employees hired from Constitutional Officer agencies without a break in continuous service, or a break in service of less than 30 days, may not transfer their accumulated vacation time. However, continuous service with these agencies shall count for vacation accrual rate and Length of Service Award. This provision shall apply only to employees hired after September 30, 1992 by the County Manager's Agency. 4. Temporary or seasonal employees do not receive vacation accrual nor does their temporary employment count towards years of service. Section 35.3 Maximum Vacation Accrual Hours Vacation may be accrued to a maximum of 448 hours. Leave in excess of 448 hours will be automatically converted to sick leave. Vacation may be extended beyond 448 hours to 616 hours when determined to be in the best interest of the County and with the prior written approval of the County Manager. Approval to extend beyond the 448 -hour cap will be granted when: a) The County must have the service of that employee for a period of time that 52 Packet Page -3040- 9/13/2011 Item 161.8. would preclude the use of vacation and cause the employee's accrued leave to exceed 448 hours. b) The employee is in "good standing" and was rated "meets standards" or better on their most recent performance appraisal. C) The employee agrees in writing to take annually at least 112 hours of vacation during any year in which the employee's vacation exceeds 448 hours. Failure to do so will cause automatic conversion to sick leave. Section 35.4 Use of Vacation Vacation may be used for personal reasons not otherwise prohibited by the County. With the supervisor's approval, accrued vacation leave, will, if available, be used for uncovered portions of sick leave if all sick leave has been exhausted. Section 35.5 Illness During Vacation An employee who becomes sick while on an approved vacation may be allowed to use accrued sick leave credits to cover the period of illness. Upon the employee's return to work, the supervisor may require a medical certificate documenting the illness. Section 35.6 Scheduling Use of Vacation Employees shall select vacation dates for leave not later than six (6) days prior to the date the leave is to be taken. Although the Chief shall have the discretion to grant leave that is not received prior to the six day requirement. Vacation leave shall be awarded on a seniority basis. The County reserves the right to refuse the requested dates and to assign vacations based on staffing requirements, anticipated workload, and current status of operations and vacation opportunities for all bargaining unit employees. Section 35.7, Use of Vacation Time Vacation leave must be taken in minimums of one half hour increments for twenty -four hour shift employees. Section 35.8 Vacation Cap Employees may accumulate vacation leave up to 448 hours. Each employee should carefully monitor his /her accrued hours and promptly notify the Fire Chief if they begin to approach this limit. Section 35.9 Vacation Pay Upon Termination_ Employees who resign, are laid off, or are otherwise separated or discharged from the County Service shall be entitled to be paid for any unused vacation balance earned. 53 Packet Page -3041- 9/13/2011 Item 16.F.8. Section 3 5. 10 Personal Leave Employees will be eligible for up to 16 personal leave hours with pay per calendar year as set forth in CMA # 5360. 54 Packet Page -3042- 9/13/2011 Item 165.8. ARTICLE 36 SAVINGS CLAUSE Section 36.1 If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. The parties will meet as soon as possible to negotiate a mutually agreeable replacement provision. Section 36.2 Unless directly in conflict with a Section of this Agreement, the County's Human Resources Policies and Procedures, as amended from time to time, shall apply to employees covered by this Agreement. In the event of a direct conflict, this Agreement shall govern. 55 Packet Page -3043- 9/13/2011 Item 161.8. ARTICLE 37 ALCOHOL AND DRUG TESTING �. Section 37.1 Both the County and the Union recognize that drug and alcohol abuse is a growing problem among our nation's work force. The County and the Union also recognize the tremendous cost, both in terms of efficiency and in human suffering caused by needless work place accidents. Acknowledging the necessity for action, the following Alcohol and Drug Testing program is hereby initiated. Section 37.2 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 may require that the employee submit to an industry accepted breathalyzer test, blood test, urinalysis and/or other appropriate testing. Reasonable suspicion may be based upon a variety of factors, including but not limited to accident, absenteeism, injury, conduct, performance, physical signs such as impaired reactions or judgment, slurred or exaggerated speech or lack of balance, as well as the smell or presence of alcohol or a controlled substance, or reports by other employees. 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. Section 37.3 In the event an appropriate management official as defined in Section 38.2 above requests that an employee submit to a breath, blood, urine and/or other tests, and the employee refuses to submit to such test or tests, such refusal may result in disciplinary action, up to and including discharge. Section 37.4 In order to promote safety, health and security concerns, the Fire Chief and/or designee may search lockers, vehicles and other County -owned or supplied area. The Fire Chief and/or his designee reserves the right, based on reasonable suspicion, to search employee owned vehicles, handbags, lunch boxes, and other containers or personal effects including outer clothing. At no time will any employee's clothing be searched by or in the presence of a member of the opposite sex. An employee's refusal to cooperate with or submit to a search may result in disciplinary action up to and including discharge. 56 Packet Page -3044- 9/13/2011 Item 16.F.8. Section 37.5 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 their 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. Section 37.6 The cost of drug and alcohol screening tests required by the County will be paid for by the Count;. Section 37.7 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 the influence of illegal drugs or alcohol. The existence of an Employee Assistance Program does not affect the right of the County to impose discipline, up to and including termination, for violating this Article. Section 37.8 Any employee who is convicted, pleads guilty or no to contendre (no contest) to any criminal drug statute violation, 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 for 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 action, if any, is to be taken. 57 Packet Page -3045- 9/13/2011 Item 16.F.8. ARTICLE 38 DURATION Section 3 8.1 This Agreement will be in full force and effect as of the effective date of October 8, 2011, and shall remain in full force and effect until midnight the 30'h day of September, 2014. IN Packet Page -3046- ARTICLE 39 HOLIDAYS Section 39.1 — Holidav Pay 9/1342011 Item 16.F.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 39.2 — Receipt of Pav The holiday pay will be included with the normal paycheck for the period which included the holiday. 59 Packet Page -3047- 9/13/2011 Item 16.F.8. ARTICLE 40 MEDIC RESCUE Section 41.1 — Ochopee Firefighter Functions for Medic Rescue Firefighter EMTs' main responsibility is driving the medic rescue unit. The Firefighter EMT will also assist Paramedics on emergency medical calls; filling out paperwork and recording information, and in cleaning the unit after a call. The Firefighter EMT may ride in the back if he /she chooses on Non ALS- emergency transports at the discretion of the Firefighter/Medic. Section 41.2 — Ochonee Firefighter Functions for ALS Enizine The Firefighter EMT is responsible for the ALS Engine unit. The Firefighter EMT will also assist the paramedic on emergency medical calls, filling out paperwork and recording information, and in cleaning the unit after a call. The Firefighter EMT will be in charge of non- medical aspects of engine work. .1 Packet Page -3048- FOR COLLIER COUNTY: LEO E. OCHS, JR., COLLIER COUNTY MANAGER FOR THE UNION: LYCURGUS KIDDER, PRESIDENT PROFESSIONAL FIREFIGHTERS OF THE EVERGLADES INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3670 DATE: `b /a//11 9/13/2011 Item 165.8. WITNESS: \ Type or Print Name: WITNESS: F� T }Tpe or PIS N e: lr THIS AGREEMENT IS SUBJECT TO RATIFICATION BY THE BARGAINING UNIT AND THE COLLIER COUNTY BOARD OF COMMISSIONERS. 61 Packet Page -3049- ATTEST: DWIGHT E. BROCK Deputy Clerk Approved as to legal form and sufficiency: Scott R. Teach, Deputy County Attorney 9/13/2011 Item 16. F.8. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA I 62 Packet Page -3050- FRED W. COYLE, Chairman