Agenda 12/16/2008 Item #16F 5
Agenda Item No. 16F5
December 16, 2008
Page 1 of 26
EXECUTIVE SUMMARY
Recommendation to approve a Memorandum of Understanding amending and revising the
Year 2006-2009 Collective Bargaining Agreement with the Southwest Florida Professional
Firefighters Local 1826 International Association of Firefighters, Inc.
OBJECTIVE: That the Board of County Commissioners approves a Memorandum of
Understanding (MOU) outlining the Union's waiving the 2% annual merit pay provision for
FY09, which is the final year of the CUlTent collective bargaining agreement, along with
acceptance of revisions to Article 9 pertaining to grievances and Article 16 pertaining to
bereavement.
CONSIDERATIONS: On October 21, 2008, representatives from Collier County met with
representatives from the Southwest Florida Professional Firefightcrs Local 1826 International
Association of Firefighters, lnc, (hereafter, the "Union"); the Union representing the Collier
Emergency Medical Services/Fire bargaining unit. The purpose for this publicly noticed meeting
was to discuss and negotiate the possibility of the Union waiving the 2% annual merit pay
provision for the final year of the CUlTent collective bargaining agreement ("CBA") due to budget
concerns and the County's decision to refrain from providing a merit increase to any of its non-
union personneL
As a result of that meeting, the parties negotiated, subject to the approval of the Collier County
Board of Commissioners and the Union: (1) a waiver of merit pay under Article 20 of the
CUlTent CBA for the remaining year of the agreement, (2) revisions to Article 9 of the CBA
primarily pertaining to the manner of grieving matters relating to discipline and discharge of
employees, (3) revisions to Article 16 of the CBA to allow up to two shifts of bereavement leave
(48 hours) rather than just 24 hours of leave, and including step-father-in-Iaws, step-mother-in-
laws, grandfather-in-Iaws, and grandmother-in-Iaws in the definition of "immediate family
members."
On November 21,2008, the Union certified that by vote of its membership it agreed to waive the
merit pay provision for the final year of the CBA in exchange for the aforementioned revisions to
Articles 9 and 16 of the CBA.
FISCAL IMPACT: A savings of $178,838 would be realized m Fund 490 - Emergency
Medical Services,
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex paJie disclosure, requires only a
majority vote for approval. and is otherwise legally sufficient for Board aetion,-SRT
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting
from this action.
"'..~v_.,,,._,,,..
Agenda Item No. 16F5
December 16, 2008
Page 2 of 26
RECOMMENDATION: That the Board of County Commissioners:
1. Approve the Memorandum of Understanding amending and revising the Year 2006-2009
Collective Bargaining Agreement with the Southwest Florida Professional Firefighters
Local 1826 International Association of Firefighters, Inc.; and,
2. Authorize the Chainnan to execute said Memorandum of Understanding.
PREPARED BY: Artie Bay, Supervisor-Accounting, Emergency Medical Services
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda item No. 16F5
December 16. 2008
Page 3 of 26
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F5
Recommendation to approve a Memorandum of Understanding amending and reviSing the
Year 2006-2009 Collective Bargaining Agreement with the Southwest Florida Professional
Firefighters Local 1 826 International Association of Firefighters, Jne.
12116/2008 900:00 AM
Prl'pared By
Artie Bay
Bureau of Emergency
Services
Senior Administrative A.ssistant
Date
EMS
1215120084:17:15 PM
Approved By
EMS Chief
Date
Jeff Page
Bureau of Emergency
Services
EMS
1215/20085:26 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
12/812008 1 :06 PM
Approwd B}"
Dan E. Summers
County Manager's Office
Bureau of Emergency Services Director
Bureau of Emergency Services
Date
1218/20082:39 PM
Approvl'd By
OMS Coordinator
Administrative Services
Applications Analyst
: ate
Information Technology
12/9/20088;38 AM
Approved By
Sherry Pryor
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
Date
12/9/200810:19 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
1219/200811 :45 AM
file://C:\AgendaTest\ExPOIi\ 118-December%20 16.%202008\ 16.%,20CONSENT%20AGE...
12/1 0/2008
item t'~o, 16F5
~ec:elTIber 16. 2008
Page 4 of 26
MEMOR<\NDUM of UNDERSTANDING BETWEEN THE
COLLIER COU:\'TY BOARD OF COUNTY COMMISSIONERS
AND THE
SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS
LOCAL 1826 INTERNA T10NAL ASSOCIA nON OF FIREFIGHTERS, INe.
THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
(hereafter "County") hereby enters into this Memorandum of Understanding amending and
revising the Year 2006-2009 Collective Bargaining Agreement with the Southwest Florida
Professional Firefighters Local 1826 International Association of Firefighters, Inc. (hereafter
"Union") based on the mutual consideration specified herein and state and agree as follows:
1. On October 21, 2008, representatives from Collier County met with representatives
from the Southwest Florida Professional Firefighters Local 1826 International Association of
Firefighters, Inc. (hereafter, the "Union"); the Union rcprcscnting the Collier Emergency
Medical Services/Fire bargaining unit. The purpose for this publicly noticed meeting was to
discuss and negotiate the possibility of the Union waiving the 2% annual merit pay provision for
the final year of the current collective bargaining agreement ("CBA") due to budget concerns
and the County's decision to refrain from providing a merit increase to any of its non-union
personnel. This paragraph defines, in as few words as possible, the purpose of the memorandum
of understanding and outlines the terms orthe contract.
As a result of that meeting, the panies negotiated, subject to the approval of the Collier
County Board of Commissioners and the Union: (I) a waiver of merit pay under Article 20 of
the current CBA for the remaining year of the agreement, (2) revisions to Article 9 of the CBA
primarily pertaining to the manner of grieving matters relating to discipline and discharge of
cmployces, (3) revisions to Article 16 of the CBA to allow up to two shifts of bereavement leave
(48 hours) rather than just 24 hours of leave, and including step-fathcr-in-Iaws, step-mother-in-
laws, grandfather-in-law..s, and grandmother-in-Iaws in the definition of "immediate family
members."
2. On November 21, 2008. the Union certified that by vote of its membership it agreed to
waive the merit pay provision for the final year of the CBA in exchange for the aforementioned
rcvisions to Articles 9 and 16 of the CBA. A copy of the Union's cel1ification of its vote on this
amendmcntto the original 2006-2009 Year CBA is attached as Exhibit "A."
A copy of the three ahove-referenced Al1icles is attached hereto in strikethrough and
underscored version, as well as, a "clean" version that has been signed by duly authorized
members of the Union and the County upon approval is attached as Exhihits "8" and "e"
Agenda Item No. 16F5
December 16, 2008
Page 5 of 26
3. The proposed revisions agreed upon for those three Articles are agreed to run through
the remainder of the current CBA through and including, September 30, 2009, The revision with
respect to Article 16 pertaining to bereavement leave shall be effective retroactively to October
1,2008.
4. All remammg terms of the 2006-2009 Year CBA shall remain unchanged unless
otherwi se agreed in writing by the Parties.
IN Wlr-IESS WHEREOF, the parties have executed this Agreement on this 16th day of
December, 2008.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
TOM HENNING, Chairman
Scott R. Teach,
Deputy County Attorney
:\g:mda Item ~Jo. 16 5
De::;ernber 16. 20 8
P0ge 6 of 6
W"'\~ ~~v~AS
Type or Print Name
Wall Stevens, ice Presi en
Licensed Bargaining Agent for
Southwest Florida Professional Firefighters
& Paramedics, International Association of
Firefighters, Local 1826
I)..-~~Ok
Date
WITNESS:
~/~-
By 11;...~~../ 4./~'.',J<o
Type or Print Name
-1/"';.) 11 r>?5"c,Jer
ype or Print Name
An. re her, District 14 DVP
Soulhw st Florida Professional Firefighters
& Paramedics, International Association of
Firetlghters, Local 1826
I J.-- '6-0 S
Date
WITNESS:, r /) !
Q}\WlUA.~~~/
By: Hrly'\Cl +\.t<\I\1b..V\<:W7
Type or Print Name -
THIS AGREEMENT IS SUBJECT TO ~A.TIFICATION BY THE BARGAINING
UNIT AND THE COLLIER COLNTY BO/\.RD OF COUNTY COMMISSIONERS.
o
Agenda Item No. 16F5
December 16, 2008
SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS & P~{jS
LOCAL 1826/ LA.F.F., INC.
2030 West 1st Street. Suite C . Fort Myers, Florida 33901
(239) 334-8222 . (239) 334-8233 . Fax: (239) 334-8228
E-mail: www.loca11826.com
PRI""lCIPAL OFFlr.ER...9
R-:4.LT STEVENS
Prcsidf.--nt
Exhibit A
December 4, 2008
MIKE HOLOBINKO
Vu.'C ?rr.:.silknt
Scott Teach
Deputy County Attorney
Collier County, Florida
MATT GALEII'SKl
Secretary
1I7LLIAM SIMPSON
Field Repre/fenca.rk.-e
Dear Scott,
mSTRlc.TS
DISTRICT 1
F'fJrfM.ve1"K
This letter will represent our ratification results. The ratification vote was
held on November 19th, 20th, 21 st. The bargaining members of Southwest Florida
Professional Firefighters and Paramedics, District 14 resulted in an approval of the
ratification of the negotiated language. I would like to thank you and the
administrative staff of Collier EMS for working with us to resolve these issues
during these difficult financial times.
DISTRICT 2
Lee Cu. b'MS
DISTRICT 3
Fl)rt MyeT!! &ach
DISTRICT 4
North Fort Myers
DISTIUCT 5
South Trail
!STlUCT 6
~htgh A.cres
~"
Walt Steven
President
IAFF, Local 1826
Received
DEe 0 5 20f18
EMs Depf.
DISTRICT 7
lona McGregor
DlSTRlCT S
Tior:
D1STIUCT 9
San Carl08 Parh
DISTRICT] 0
Lt~ Gu. GFR
DISTRICT 11
Ellteh:J
DISTRICT J 2
Hny.shnre
DISTRICT J3
l1ncl1!;lurul
DISTRICT 14
Collier en, EMS
DlSTRlCT 15
Furt M)":"" &w....h-
Deputy Chi~f8
DISTRICT 16
Fort Myers Assf. Ghief~
DISTRICT 17
Sanibel
DISTRICT 18
Fort .\().'f::t'8 Shores
STIUCT 19
!tiJ;1h AcreR Baua[i...;l, Chi4il
i\ffiliated with, INTERNATIONAL ASSOCIATION OF FIRE FIOHTJ;"RS
Flmida Prqfes.,;umal Fire Fighter...
...~
j(l ,t.\S'\DV
/1~.erJi- Hom No Jc~("'
. '::J ;Iud 'I\..., . l,ji..V;;>
Exhibit B Decemg~~~6d~~-<J~
ARTICLE 9
GRIEVANCE AND ARBITRATION PROCEDURE
Section 9.1 - Purpose
In a mutual effort to provide a harmonious working relationship bctween 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, ,'.greemeHt ether Ihan aH)' mattem rela/iHg to
diseipliHe aHa aiseharge.
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. ,'.H)' grievance iHyelviHg diseipliRe, Olp te aHS iaehu!iRg teFfniFlaaeH is
govemea BY the COOll1t) PoliE)' as descriBed iH SeetieR 9.6 an.d is Het !"Hbjeet to the
GrienlHee aRa .\reitr.atioH Prooedure. DisciflliFlar;' ae:ioHs that do not iFlvolve susfleRsioFl
or termi!1a/ioR are subject te the Grievlll1ee ProesaOlre threOlgh Stefl 3, Enll Rot to
arbitriltioR OlRacr this ,'.rtick
GJ:!. 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
:J r\1..~:S\OS'
Agenda item NO.1 tW) O~
December 16. 2QOfl. '"'-
Page 9 o^~
mutually agree in writing that the grievance is precedent setting.
D. No grievance can be amended or supplemented after the initial
management response at Step I without the written consent of the Emergency Medical
Services/Fire Chief.
E. 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.
Section 9.3 - Rieht 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 "ith the terms of this Agreement. If
the grieved employee requests Union representation, the grievant will notify the
Emergency Medical ServiceslFire 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 partics in ",'fiting. 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
)fJ ,tl~lo8
;"genda Item No. 106J )
Dece."Tlber 16, 20..)Q8" Or
Page 1 0 tiI"J....'
are not members of the Union.
C. TRe semmeAsiRg ef aA)' praeeeaiAgs agaiRst tRe CelfAty iA a sellrt of law
or eqaity, or Before tRe Pll131iE Empleyee RelatieRs CemmisoieA, Br aAY etRer
administrative ageAe)' far misRj3j31ieaticJR or misiAteFflretatiOR sf the teffilS ef this
.^.greemeAt, sRRII Be seemed aR eleetieA ef remes)' ans shall Be seemeEl a waiver B)' tAe
employee ar tRe VAioA of its/their rigl1t t8 resort te th8 grie':aRse aRS arBitratieA
procesllre EeAtRiAes ill this .^.rtiele. IRe iltitizatiell oftRe arllitFalieA rreeedlfFe llRser this
:\rtiete for the resollllioll of alleged vialatieA3 eftRis /\greemeAt sAall cORmitilte a .....ai,:er
of aBY riglTtG ef the part)' wAo iRitiates the areitratiol1 ma)' haYe to ale R elmrge ell tRe
issue witR IRe Pllhlie EmrttlJ'eeG RelatieBG CemmissieB er all)' otRer state er feaeral
ageAE)'.
Section 9.5 - ReQuirements of Written Grievance
All grievances, as outlined above, must be In ,,"Titing and must contain the
follo,,"ing information:
(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 gricvance shall
also contain the remedy or adjustmcnt desired;
(3) Signature of aggrieved employcc and date signed; and
(4) Signature of the Union representative (must be a designated
official or stcward) if the grievance requests Union representation.
(5) A class grievance may be tiled when a single issue applies to more
than one employee and in such cascs the clccted employee
representative or Principal Officer must sib'Il the grievance form.
;; f tt.' sf""
Agenda Item NO.1 tV>')
December 16, 200l! ..(j (;
Page 11 off~.1\ II
Any grievance not containing the abave infarmation set farth abave mav be
pracessed thraul!h the I!rievance orocedure. but is Hot II grieY!\Hee ana shall nat be subject
ta arbitratian absent the mutual consent af the parties. The grie':allce form ffiH5t be
SHBmittea aile eaffijllelea 1ft full.
SeetiBR 9.6 SHsoeRsieBlDisehdiRe
All grievances afla lljljlcals af actioll in':olvillg discij:1lille ar disclmrge will Be
gsveFlled BY tIle Callier Ceullty I h:lffiaft Resfl\,/rces Practices aRd Pmceallfes aRE! Cal:ll1ty
:\l!miRisll'al0r'S (MftIlager) /\!;6FlCY ("CM.".") IflstmctiaR Mallal:ll, as ElHleReeEi, t8 j:1ermit
\illiaR rej:1reselltatiaR that is iR effect f'Or all sther Csllier CaHill)' RaR e)(effijlt empleyees.
.". eepy afthe carrelll CM.". is attacReEi as .'\ppeRE!in f..
Section 9.+6 - Steps
Grievances shall be processed in accordance with the following procedures:
STEP 1:
The grievant shall present in writing hislher grievance to hislher
immediate supervisor within fourteen (14) calendar days af the Dccurrence of the
action giving rise ta the grievance. Discussions will be informal far the purpose
af settling differences in the simplest and mast 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 rcspond shall be considered a denial of the b>Tievance and
shall entitle the grievant to appeal to Step 2,
STEP 2:
If the grievance is not settled at Step I, the grievant, within seven
Sf t~(st"f
"gccl"a 'tQ111 No '(~F S
!h~, '-' ''-' . ,,J :J
December 16, 20 ",,"
Page '12 of(?~..."" f.K)
(7) calendars days of the answer in Step I, may present it to the Chief of
Emergency Medical Services/Fire. The Emergency Medical Services/Fire Chief
shall investigate the alleged grievance and may conduct a mccting 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 ,vritten 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 dcfined 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
aftcr thc rcsponse is received.
Section 9.87 - Arbitration
Whenever the aggrieved employee requests arbitration In accordance with the
;r~ ,~slo'
Agenda Item No. 4J:~- of
December 16, ;>OJ)s4 ~
Page 13 "~6
provisions of Section 9.7, 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 reached. The Union reserves the sole authority
over whether to proceed to arbitration on a particular grievance.
Section 9.98 - 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, modi fy, 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 is otherv:ise 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 (A) and (C), 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 1 of Section 9.+9,.
E. The arbitrator shall not receive into evidence nor rely upon any past
5 t 1z.(S-(oY
f:.~~n'"~ r'om No 'I"'--~'
'''::1~Udll~ .~.) _
DecelTlber 16, 20Q8l. .O'Y
Page 14 Jf~~
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
fw:ara sf baek pay to make the employee whole for all lost wages and other lost benefits
of a monetary value. No interest, costs or other damages of any type whatsoever may be
awarded.
G. Therc is no duty to arbitrate any grievance where the factual ba~is of the
grievance occurred prior to the execution of this Agreement or after the expiration of this
Agreement.
Section 9.M9 - Appeals
The ruling of the arbitrator shall be final and binding on the UniDn, 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
1l1e costs of the arbitration shall be split equally between the parties. Each side
desiring a transcript will pay for it. If both parties obtain or use a copy of the transcript,
the cost of the court reporter's fees and transcript shall be equally split between the
parties. Expenses, including wages for witnesses, shall be borne by the party calling
them.
3~ Ltl~~6i
Agenda Item No. 16~5
December 16, 20p811 tJ6
Page 15 qfj.S....
ARTICLE 16
BEREA VEMENT/JURY DUTYIWITNESS DUTY
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,
"Immediate family" shall mean father, mother, brother, sister, wife, husband, son,
daughter, father-in-law, mother-in-law, stepfather, steofather-in-Iaw. stepmother,
stepmother-in-law, stepson, stepdaughter, grandfather, grandfather-in-law, grandmother,
grandmother-in-law. b'l'andchildren, 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 granted and, if granted, will be charged to the
cmployee'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 nD 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 - Jurv Duty
\Vhen a regular employee is required to serve on jury duty, the employee shall be
'Sf \uS(,r
",genda Item NO.1!- 5
December 16, 200 oy
Page 16 fJi~ \' ,
relieved of responsibility for his or her regular work shift and the County shall pay the
employee the 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 excuscd 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 (I 1/2) times his or hcrrate of pay
f()r 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 perfonnance of duties as a Collier County
EMS/Fire employee.
5. \2.\s\o'
Agenda Item No. 1,,~':l;
December 16, ztl'j8' <l Ii
Page 17,,,,20\' b
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.
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 Policv
The County Administrative Procedures regarding Bereavement, Jury Duty,
Witness Duty and Court Leave will not apply to employees covered by this Agreement.
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Si \1..\,{ of
Exhibit C
b,genda item~<'t6F5 l(
Decembe , ')OO\;() II
Pag' 19 0!-\:6
).'
\
ARTICLE 9
GRIEVANCE AND ARBITRATION PROCEDURE
Section 9.1 - Purnose
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 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 bc offered as evidence
or as precedent in any subsequent arbitration case unless the Union and the County
mutually agree in VlTiting that the grievance is precedent setting.
C. No grievance can be amended or supplemented after the initial management
response at Step I without the wriUen 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
Agrecment.
Section 93 - Ril!'ht ofTndividuals 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
gnevances.
._.~_.---,.._._--
J~ d..\S(~8
6ncn"a ItP'"'l '10 10^~
'~~ ''-' ,~" F ,.
D?cember 16~ 6g
Page 20 of 26'-\,.'
,}<
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 "'Titing. Any grievance shall be
considered settled at the last level if the grievant fails to timely process the gricvance.
B. The Union will not be required to process grievances for cmployees who
are not members of the Union, but may be present at any lYleeting where the grievance
may be settled. The County shall notify the Union of any such meeting.
Section 9.5 - Reouirements of Written Grie"'ance
All grievances, as outlined above, must be m wTiting and must contain the
following information:
(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: and
(4) Signature of the Union representati ve (must be a designated official or
steward) if the grievance 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 Otlicer must sign the grievance form.
Any grievance not contammg the above information set forth 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 - Stens
Grie".".ances shall be processed iH acc;ordiiw..:e \.vith ihe following procedures:
STEP): The grievant shall present in \Hiting his/her grievance to his/her
immediate supervisor within fout1een (14) calendar days of the occurrence of the
",,1-; ..... ,'t;~,;.., T "';"'A +'" tha T ..;,oy-.-n..."", D:"""~":"''''''' .~II 'L. :~.(.'~_~I.(.'- 11' purpo-c-..-f
........uOu bA vu...g .......:0... lV I J"- 5J.l......~alJ\...... l.;:'...U:):)IVU;' V\111 lie HIlUIUlc1.1 lUr Je ::,1,; U
settling differences in the sin1plest and most effective mar.....'1er. The supen'isor
1 r 12.\ slo'i
Agenda Item No. 16<< Gcg
December 16, ~s')J;'
Page 21 o(~
shall reach a decision and communicate in writing to the grievant within fourteen
(14) calendar days from the date the gricvance 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 I, the grievant, within seven
(7) calendars days of the answer in Step I, may present it to the Chief of
Emergency Medical Services/Fire. The Emergency Medical Services/Fire Chief
shall investigate the alleged 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 ServicesIFire 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
""Titing 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 reached. The Union reserves the sole authority over
whether to proceed to arbitration on a particular grievance.
Section 9.8 - Rules Aonlicable to Grievance! Arhitration
The following general rules are applicable to this Articlc:
A. The arbitrator shall not have the power to add to, subtract from, modify, or
altcr the terms of this Agreement.
Sf (t1s\o~
E.
F.
!\genda Item No. ~6;::c ~
December 16, . AU
Page 22 0 1..1-'~
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 is otherwise specifically
empowered to do so by both parties.
c.
The arbitrator shall have only the power to rule on grievances ansmg
under this Agreement, as defined under Section 9.2 and which comply
with the requirements of Section 9.4 (A) and (C), Section 9.5 and the time
limits established by this /u1icle.
D.
The arbitrator shall determine each dispute in accordance ",ith the terms of
this Agreement and in accord with a Submission Agreement, if one can be
agrecd to. If there is no Submission Agreement, then the arbitrator will
rely on the grievance under Step 1 of Section 9.7.
The arbitrator shall not receive into evidence nor rely upon any past
practices that occurred prior to the date of execution of this Agreement.
The arbitrator's sole authority with regard to monetary awards is to make
the employee whole for all lost wages and other lost benefits of a
monetary value. No interest, costs or other damages of any type
whatsoever may be awarded.
Section 9.10 - Anneals
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 9.11 - Costs
TIle costs of the arbitration shall be split equally between the parties. Each side
desiring a transcript will pay for it. If both parties obtain or use a copy of the transcript,
the cost of the court reporter's fees and transcript shall be equally split between the
parties. Expenses, including wages for witnesses, shall be borne by the party calling
them.
S'~ \z.\s-l,.$
Agenda Item NOj 1 ii~
December 16,~cr8..oC
Page 2ft-Ii(: ·
ARTICLE 16
BEREA VEMENT/JURY DUTY /WITNESS DUTY
Section 16.1 - Bereavement
A regular full-time employee shall be granted, upon request, up to two shifts of
bereavement leave with pay, due to the death in his/her immediate family. "Immediate
family" shall mean father, mother, brother, sister, wife, husband, son, daughter, father-in-
law, mother-in-law, stepfather, stepfather-in-law, stepmother, stepmother-in-law, stepson,
stepdaughter, grandfather, grandfather-in-law, grandmother, grandmother-in-law,
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 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 ofrelationship for use of bereavement leave.
Section 16.2 - Jurv Dutv
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
:Sf ft.-\S"tpS'
.l\~enda ltem No. 1t)r\':;:)
December 16, 2tr.18 0 So
rage 21}~~\: 0
employee the 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 relea,ed 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 Dutv
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 mat1er 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 (I 1/2) times his or her rate of pay
for each hour spent otT-duty in serving as a witness in trial or deposition. Payments
received by the employee for witness duty. except for meals. lravel and lodging expenses,
shall be endorsed to the County. Court proceedings mean an appearance in eourt; it does
not include any other appearance before any other tribunal, except for appearances on
behalf of thc 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
Sf tdS\D3
Agenda Item No. 1~:S
December 16; 2,[Ioa .08
Page 2"}~~
personal litigation will use accrued vacation leave or, if not available, will be on leave
without pay.
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 Policv
The County Administrative Procedures regarding Bereavement, Jury Duty,
Witness Duty and Court Leave will not apply to employees covered by this Agreement.
~
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