FF Union Agmt (Exp 9/30/07)Agreement between the City of Okeechobee, Florida
and
Local #2918 International Association of Firefighters
ARTICLE 1
PREAMBLE
Section 1- It is the intent and purpose of this Agreement to assure sound and mutually beneficial
working and economic relations between the parties hereto, to provide an orderly and peaceful
means of resolving any dispute involving the interpretation or application of this Agreement, and to
set forth herein basic and full conditions of employment. There shall be no individual or separate
agreement(s) containing provisions contrary to the terms provided herein.
Section 2- For the purpose of this Agreement, the singular shall be deemed to include the plural, the
masculine gender shall be deemed to include feminine gender, whenever the context requires.
Section 3- The term "Department" shall mean the City of Okeechobee Fire Department. The term
"Chief' shall mean the Chief of the City of Okeechobee Fire Department.
ARTICLE 2
RECOGNITION
Section 1- The employer recognizes the Union as the sole and exclusive bargaining agent for those
employees of the City of Okeechobee Fire Department holding positions included in the bargaining
unit as set forth in certification number 639, issued by the Public Employees Relations Commission.
ARTICLE 3
UNION ACTIVITY
Section 1- The City will not encourage or discourage membership in the Union by discrimination in
regard to hiring or other conditions of employment.
Section 2- The Union, its members, agents, representatives, or any persons acting on behalf of the
Union are prohibited from soliciting any bargaining unit employee during working hours of such
employee. This section shall not be construed to prohibit the distribution of literature during the
employees' lunch hours or in places not specifically devoted to the performance of the employees'
official duties.
ARTICLE 4
BULLETIN BOARD
Section 1- The City shall provide six (6) square feet of wall space at the station staffed with full
time employees to accommodate a Union bulletin board, white board or other appropriate fixture for
the purpose of displaying Union notices. Such fixture shall be provided at the sole expense of the
Union.
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ARTICLE 5
DUES DEDUCTION
Section 1- The City agrees to deduct Union dues from the pay of bargaining unit members who
individually request in writing that such deductions be made, in an amount certified to be current by
the secretary/treasure of the Union. Probationary employees shall not be subject to union dues
deductions. The total amount of deductions shall be remitted monthly by the City to the
secretary/treasurer of the Union. A properly executed copy of such authorization for dues
deductions shall be delivered to the City before payroll deductions are made (Exhibit "A Such
authorization is revocable at will upon thirty (30) calendar days written to the City (Exhibit "A
Section 2- The Union shall indemnify, exonerate and save harmless the City from any claims and/or
judgments against the City as the result of Union dues deductions. In the event that a claim, action,
suit, or proceeding is brought by an employee, person, firm, or corporation against the City, as it
relates to payroll deduction of dues, the City shall give written notice thereof to the Union by
registered mail addressed to City of Okeechobee Fire Department, C/O the president of the local
union. The Union shall defend said claim, action, suit, or proceeding at its own cost and expense
without expense to the City, even if such claim, suit, action, or proceeding is false, groundless or
fraudulent. Settlement of any such claim by the Union shall be subject to prior review and approval
by the City.
Section 3- The City shall not collect Union dues in arrears and shall not become involved in any
collection of fines, penalties or any special assessments. Written request from the Union to change
the amount of dues deductions shall be implemented by the City within thirty (30) calendar days of
receipt.
ARTICLE 6
COPY OF AGREEMENT
Section 1- One copy of this final executed Agreement shall be supplied to each fire station staffed
with full time employees and to the Union president.
ARTICLE 7
MANAGEMENT RIGHTS
Section 1- All inherent and common law management rights, powers, authority, prerogatives and
functions which have been expressly modified, restricted or limited by a specific provision of this
Agreement including, but not limited to, unilaterally determining standards of service to be offered
to the public by its constituent operating areas, exercising control and discretion over its
organization and operation, directing its employees, taking disciplinary action for proper cause,
contracting and sub contracting work and relieving its employees from duty because of lack of work
or for other legitimate reasons are hereby reserved and vested exclusively in the City. For purposes
of this article, the phrase "for proper cause" shall mean consistent with City policy, procedures and
regulations.
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Section 2- The exercise of such rights shall not preclude employees or their representatives from
raising grievances in the event that management's action has the practical consequence of violating
the terms and conditions set forth outside this Article of this Agreement.
ARTICLE 8
STRIKES AND LOCKOUTS
Section 1- Neither the union or any other bargaining unit employee shall participate in a strike
against the City by instigating or supporting, in any manner, a strike, slowdown, stoppage or any
other interference with the normal operation of the City. Any employee who participates in a strike
in violation to this section shall be subject to immediate dismissal in addition to any other penalties
provided in s. 447.507, Florida Statutes
Section 2- The City shall not participate in an employee lockout.
ARTICLE 9
SENIORITY, LAYOFF, RECALL
Section 1- As used herein the term "department seniority" shall be defined as the period of
continuous employment with the City of Okeechobee Fire Department; the term "rank seniority"
shall be defined as the continuous employment with the City of Okeechobee Fire Department as a
Firefighter/EMT, or Firefighter Lieutenant.
Section 2- Department seniority shall be accrued from the date of employee's first day of
employment through the date of an employee's last day of employment, except as provided herein.
Rank seniority shall be accrued the date of employee's first day of employment in a specific job
classification through the date of an employee's last day of employment in the same job
classification, except as provided herein.
Section 3- Department seniority and rank seniority shall terminate; (1) upon the 13 -month
anniversary date of employee's layoff, (2) upon the effective date of an employee's resignation or
(3) upon the effective date of an employee's dismissal. Accrual of department seniority and rank
seniority shall be suspended for the period of any disciplinary suspension(s) without pay or unpaid
leave of absence, excluding family medical leave authorized pursuant to City policies, procedures
and regulations.
Section 4- In the event of a departmental reorganization, any demotions shall occur in inverse order
of rank seniority within the classification(s) affected, i.e., the Lieutenant with the least rank seniority
shall be the first demoted to firefighter, etc. Layoffs shall occur in inverse order of department
seniority within classification(s) subject to layoff.
Section 5- An employee that is demoted due to reorganization or reduction in force shall be
compensated at his pre- demotion pay rate or at maximum pay rate established for the job
classification to which he is demoted, whichever is lower. An employee shall be promoted to the
position from which he was demoted due to reorganization or reduction in force in the event the
position is subsequently re- created, unless period is greater than 1 year, then filling of position will
be handled in accordance with current promotional guidelines.
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Section 6- An employee shall be recalled from layoff utilizing a formula based 50% on previous
employment performance evaluation and 50% on seniority. Notice of recall shall be provided by
certified mail to the employee at his last known mailing address. It shall be the responsibility of the
employee to notify the Chief of any change in address which occurs while on layoff The employee
shall be awarded fourteen (14) calendar days from the date of mailing to accept the recall offer in
writing. In the event the employee declines or fails to accept the recall offer within this period, the
employee shall thereafter be ineligible for recall.
ARTICLE 10
PROMOTIONS
Section 1- The following policies shall establish criteria to be used for the examination and
evaluation of candidates for promotion to a position classification within the bargaining unit. The
promotion policy does not preclude the City from accepting applications and/or hiring outside of the
department, as long as the standards of Article 10, Section 9, below, are met and the applicant has
held the rank directly below the one being tested for a minimum of three years.
Section 2- The Chief shall develop and administer all testing criteria, and all examinations shall be
impartial and shall relate to those matters which will fairly test the candidate's ability to discharge
the duties of the position for which he is testing. An employee's relative standing on a promotional
eligibility list shall be established by compiling the scores, weighted as indicated, in the following
categories:
1. Written examination one quarter (1/4)
2. Oral examination one quarter (1/4)
3. Performance evaluation one- quarter (1/4)
4. Physical Agility one quarter (1/4)
5. Length of service used as a tiebreaker
Section 3- Examination materials shall consist of materials related to the duties to the position and
shall be consistent with the City. A list of text and references, upon which the examination is based,
will be included in the examination announcement, along with acquisition information.
Section 4- The oral examination shall be given by a minimum of a three (3) member panel chosen
by the Chief All members of the panel must have working knowledge or educational knowledge at
least equivalent to an A.S. degree in fire rescue services. If a member of the panel is of the same
rank as being tested, the member must have held that rank for at least three (3) years. A list of panel
members will be given to the Union when study materials are issued to the candidates. If the Union
has any questions about the qualifications of the panel, the Chief must be notified in writing within
five (5) working days after receipt of list, identifying the specific questions.
Section 5- Promotional examinations shall be conducted as required to meet the needs of the
Department.
Section 6- Announcements for promotional examinations shall be posted in the fire station at least
fourteen (14) calendar days prior to the closing date for applications. An applicant's eligibility to
take a promotional examination will be determined on the basis of eligibility criteria established in
the pertinent classification description. Applications received after posted closing date will not be
considered.
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Section 7- The relative standing of all candidates for promotion shall be posted at the fire station
within ten (10) days of the date on which examinations and evaluations are conducted.
Section 8- A newly promoted employee shall serve a probationary period of six (6) months; said
probationary period may be extended up to additional six (6) months at the sole discretion of the
Chief
Section 9- To be considered a candidate for a Lieutenants position, the employee must have a
minimum of three (3) years experience with the City of Okeechobee Fire Department as a
professional paid firefighter or a total of five (5) years in the fire service as a paid professional
firefighter. If there is not more than 1 qualified person for the promotional exam the chief may
change the considerations for the position being tested.
Section 10- No position shall be left open for more than ninety (90) calendar days.
ARTICLE 11
HOURS LIGHT DUTY
Section 1- Employees whose positions are in the bargaining unit of the effective date of this
Agreement shall be organized into three (3) platoons, each working, for the purpose of payroll
purposes, an average fifty -three (53) hour work week and an eight (8) kelly day year based upon
twenty -four (24) hour shifts commencing at 0700 hours and continuing to 0700 hours the following
day. The 24 -hour shift beginning/ending hours may be adjusted from time to time at the Chief s
discretion.
Section 2- The City agrees to permit employees to perform light duty work assignments during
periods of temporary disability when such assignments are determined to be in the best interest of
the Department and under such conditions as may be determined by the Chief on case -by -case basis,
contingent upon prior approval of the City Administrator and the attending physician. Such
assignments shall be scheduled on an up to forty (40) hour workweek basis at the employee's normal
hourly rate of pay, defined as 53/hour work week (annual salary divided by 2756 (53hrs X 52
weeks)). These provisions shall not guarantee availability of any light -duty assignment(s).
Deter mination(s) regarding availability, duration, or conditions associated with light -duty
assignments by the Chief or City Administrator and shall not be subject to the contract grievance
procedure.
ARTICLE 12
SHIFT EXCHANGE
Section 1- A bargaining unit employee, with prior approval of the Chief and at the sole discretion of
the Chief (or in the Chiefs absence, the officer in charge), may exchange shifts with another
bargaining unit employee when the exchange does not interfere with the proper operation of the
Department.
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ARTICLE 13
PAY COMPENSATION
Section 1- Effective and retroactive to October 1, 2006, each bargaining unit employee's base pay
shall be adjusted in accordance herewith:
Classification
Firefighter/EMT 5% pay increase
LT. Firefighter/EMT 5% pay increase
Section 2 A bargaining unit employee shall be compensated at the rate of one and one -half (1 1/
times his regular hourly rate of pay for all hours physically worked in excess of 212 hours during
each 28 day work period.
Section 3 A bargaining unit employee shall report for duty, as directed, upon receipt of an
emergency call -back notice, authorized by the Chief or other officer -in- charge, to assist with an
existing or impending emergency. Except as excused by the Chief, or other officer acting on the
Chiefs behalf, refusal to report for duty following receipt of an emergency call -back notice shall
constitute insubordination warranting disciplinary action up to and including dismissal from
employment.
Section 4 A bargaining unit employee shall be compensated at the rate of one and one -half (1 1/
times his regular hourly rate of pay for each hour worked [minimum two (2) hours] as the result of
his response to an emergency callback notice (excluding scheduled work hours). Compensable
hours shall begin upon the employee's receipt of such notice, excluding response time in excess of
15 minutes.
Section 5 Step up pay, in the absence of the shift officer at the Station, the Chief will designate a
senior firefighter to fulfill the daily functions (as determined by the Chief) of the officer (additional
to their own). The Firefighter that the Chief designates, will be compensated an additional $1.00/
hour, if Fire Inspector One Certified (FIOC), $.50/hour if not FIOC, for each hour they are fulfilling
the duties of the absent officer. This pay will be figured at the end of each twenty -eight (28) day
cycle. The Step up pay will only be available when the following items are applicable: the absence
is NOT caused by any type of Shift Exchange or Swap -time and the absences will be for a minimum
of eight (8) consecutive hours. It is understood, there will be times that a firefighter will fulfill the
daily functions of the absent officer, without additional compensation.
Section 6 A bargaining unit employee shall be compensated [minimum two (2) hours] for off -duty
mandatory attendance at departmental staff meetings and off -duty mandatory court appearances
stemming from acts within the employees scope of authority subject to the provisions of Section 7
herein.
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ARTICLE 14
ANNUAL SICK LEAVE
Section 1— Annual and Sick Leave accrual shall be described as follows:
Annual Leave:
Less than 10 years of service 12 hours per month
10 Years to 14 Years of service 16 hours per month
15 years or more of service 22 hours per month
Maximum Accumulation/Payment: 240 hours
Sick Leave: Ten (10) hours per month at the end of the calendar month (no credit is given for the
first month if it is less than 15 days) No credit in any month during which employee is out 128 hours
or more, with or without pay (workers compensation is the only exception).
Maximum Accumulation: None
Payment of unused sick leave 50% with at least 10 years of continuous service upon leaving the
City in good standing
Section 2 Provisions relating to use, accrual and compensation upon termination for vacation and
sick leave, shall be as established by City policies, procedures and regulations except as modified
herein.
ARTICLE 15
INSURANCE
Section 1— The city shall maintain Medical insurance for the employee
ARTICLE 16
PROFESSIONAL DEVELOPMENT
Section 1 Employees shall be entitled to reimbursement for travel expenses associated with
professional development seminars, courses, etc., at which attendance is required by the City, in
accordance with the provision of s. 112.061, F.S.
Section 2 The City may pay the cost of tuition, books and related materials associated with
attendance at approved job related non credit professional development seminars, courses, etc. Such
seminars, courses, etc. shall be offered by recognized fire and/or emergency medical agencies and
shall be subject to approval by the Chief Any standard set by City handbook dealing with education
will apply.
ARTICLE 17
UNIFORMS PROTECTIVE CLOTHING
Section 1 Uniform items and protective clothing for structural firefighting required to be worn by
employees during the performance of their duties shall be provided by the City, without cost to
employees, except as provided herein.
Section 2 Each employee shall be provided with one (1) fire helmet, one (1) hood, one (1) SCBA
face mask, one (1) turnout coat, one (1) pair suspenders (if required), one (1) pair of gloves, one (1)
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turnout pants, one (1) pair of fire boots, five (5) uniform shirts, five (5) uniform pants, one (1)
uniform belt, one (1) jacket with removable liner and, (1) cap. Protective clothing for structural
firefighting shall comply with NFPA Standard(s) 1971, 1972, 1973 and/or 1975 at the time of
purchase. Each employee's surname, in two (2) inch (minimum) reflective letters, shall be affixed to
the back of their turnout coat below the normal position of SCBA equipment.
Section 3 A uniform or protective clothing item provided in accordance with this section shall be
replaced without cost to the employee upon a determination by the Chief that said item is no longer
in serviceable condition.
Section 4 Each employee shall be responsible for maintaining his uniform and protective clothing
items in a neat, clean and presentable condition at the fire facility to which they are assigned.
Inspection and inventory of uniform and protective clothing items shall be conducted at the
discretion of the Chief. Employees shall be responsible for the cost of replacing any uniform and/or
protective clothing item for which they cannot account at the time of said inspection and inventory.
Section 5 Uniform, protective clothing items and all other property belonging to and provided by
the City shall be relinquished to the City within twenty -four (24) hours of an employees termination
of employment. The replacement cost of any item not relinquished in accordance with this section
shall be withheld from the employees final payroll check.
ARTICLE 18
COMMUNICABLE DISEASES
Section 1 Employees shall be afforded immunization against Hepatitis B and testing/prophylactic
treatment deemed medically advisable following exposure to Hepatitis A, B or C, Tuberculosis,
HIV, Meningitis or any other communicable diseases at no cost to the employee.
ARTICLE 19
RETIREMENT
Section 1 The City shall maintain current retirement system.
ARTICLE 20
RULES AND REGULATIONS
Section 1 Bargaining unit employees shall comply with all City policies, procedures and
regulations including, but not limited to, those policies, procedures and rules contained in the current
Okeechobee City Personnel Policy Manual which are not in conflict with the terms of this
Agreement. In the event of such conflict, the terms of this Agreement shall take precedence. All
such policies, procedures and regulations (and any revisions thereto) shall be readily available for
review at all times at each full -time manned fire station.
Section 2 New or revised policies, procedures and regulations shall be distributed to bargaining
unit employees at least two (2) weeks prior to their effective date, except in the case of an
emergency or in response to a mandate by an agency with regulatory jurisdiction.
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Section 3 The Union hereby acknowledges that non compliance with City policies, procedures or
regulations which are not in conflict with the terms of this Agreement may result in disciplinary
action in accordance with same.
Section 4 There is hereby established an Employee/Management Committee (EMC) which shall
consist of four (4) members. Two (2) members shall be appointed by the Union and two (2)
members shall be appointed by the Chief This committee shall meet at mutually agreeable times,
but not less than semiannually. The purpose of this committee will be to discuss matters conducive
to improvement of employee /management relations including, but not limited to, interpretation and
clarification of applicable policies, procedures and/or regulations. Meetings shall be conducted on an
informal basis. This committee will function in an advisory capacity only. Copies of all
understandings shall be furnished to the City Administrator's Office for review and approval, prior
to implementation.
Abuse of paid leave/
excessive absence(s)
Willful inefficiency
Unauthorized release
information
Motor vehicle violations
Job abandonment
ARTICLE 21
DISCIPLINE AND DISCHARGE
Section 1 The Union acknowledges that discipline is essential to the efficient and effective
operation of the City and that the right to discipline and discharge its employees is a management
prerogative which shall be governed by City policies, procedures and regulations except those
expressly modified by a specific provision of this Agreement. The City agrees that, until such time
as the following terms are defined and/or redefined by City policies, procedures and regulations for
purposes of ensuring proper employee discipline, the following definitions shall apply:
Two (2) consecutive or four (4) or more incidents of unscheduled
compensated and /or uncompensated absence from duty during any
12 -month period, excluding absences certified by a licensed Florida
physician to be medically essential.
Failure to perform assigned tasks within a specified time period
without reasonable justification in the sole judgment of the Chief.
Release of information exempt from disclosure pursuant to of Chapter
119, F.S.
Violations of state law or local ordinance relating to the operation of
motor vehicle.
Failure to report to the Chief within 24 hours of any unauthorized
absence from duty OR, any unauthorized departure from duty prior to
the end of a scheduled duty tour.
ARTICLE 22
GRIEVANCE ARBITRATION
Section 1 As used herein, the term grievance shall be defined as a dispute between the City and a
bargaining unit employee, or group of bargaining unit employees, involving the interpretation or
application of this Agreement. Grievances, including those stemming from discipline and discharge
actions, shall be processed in accordance with the procedure established herein. A dispute involving
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the exercise of any right of the City and/or its officers with respect to the management of its
operations, not expressly limited by a specific provision of this Agreement, shall not constitute a
grievance as defined herein.
Section 2 STEP 1 The grievant shall complete and submit an executed Grievance Form (Exhibit
`B a copy of which is attached hereto and made a part hereof, to the Chief within five (5) calendar
days after the occurrence which gave rise to the grievance. The Chief shall copy the executed
Grievance Form to the President of the Union and all members of the Employee/Management
Committee (EMC) within twenty -four (24) hours after its receipt.
The Chief and the President of the Union shall schedule a meeting of the EMC, to be conducted
within ten (10) calendar days after the Chief's receipt of the executed Grievance Form, to consider
the grievance. If the EMC determines that the grievance has merit, it shall attempt to facilitate a final
resolution of the grievance within ten (10) calendar days after said determination. If the EMC cannot
facilitate a final resolution of the grievance, the EMC's findings and recommendation(s) thereon
(including specifically the section(s) of this agreement determined to have been violated) shall be
provided to the grievant, the Chief and the President of the Union within five (5) calendar days after
such attempt. Thereafter, the grievance may be pursued to STEP 2 of this procedure.
If the EMC determines that the grievance is without merit, it shall provide written notice of such
determination to the grievant, the Chief and the President of the Union within five (5) calendar days
after same. In the event the grievant chooses to pursue the grievance further, the grievant shall be
solely responsible for his attorneys fees and costs associated therewith.
STEP 2 If the grievant decides to pursue the grievance beyond STEP 1 of this procedure, he shall
submit it and all related documentation and evidence as defined herein below to the Chief within five
(5) calendar days after issuance of the EMC's finding and recommendation(s) for resolving the
grievance. The Chief shall then have five (5) business days to submit all City documentation and
evidence to the grievant. The Chief, or his designee, and his representative, if applicable, shall meet
with the grievant and the grievant's Union representatives to discuss the grievance within five (5)
business days following the aforesaid exchange of documentation and evidence. The Chief shall
render a written disposition on the grievance to both the grievant and the President of the Union
within five (5) business days after the STEP 2 meeting. If said disposition does not satisfactorily
resolve the grievance, it may be pursued to STEP 3 of this procedure.
STEP 3 If the grievant decides to pursue the grievance beyond STEP 2 of this procedure, the
grievant and the Chief shall submit it and all related documentation and evidence as defined herein
below to the City Administrators Office within five (5) business days after the STEP 2 disposition by
the Chief. The City Administrator, or his designee, shall meet with the grievant and the grievant's
Union representatives to hear all evidence relating to the grievance within five (5) business days
after its receipt.
All evidence relating to the grievance shall be submitted; the term evidence is herein defined to
include, but not be limited to, a listing of the name(s), address (es) and telephone number(s) of all
witnesses, accompanied by a detailed summary of the testimony to be offered by each and a copy of
each document which the parties intend to offer into evidence. The City Administrator, or his
designee, shall render a written disposition on the grievance to both the grievant and the President of
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the Union within ten (10) business days after the STEP 3 meeting. If such disposition does not
satisfactorily resolve the grievance, it may be pursued to STEP 4 of this procedure.
STEP 4 If the grievant decides to pursue the grievance beyond STEP 3 of this procedure, he shall
submit a written Notice of Intent to Arbitrate to the City Administrator's Office within five (5)
calendar days after the STEP 3 disposition by the City Administrator, or his designee.
Section 3 If the parties cannot jointly select an arbitrator to hear the grievance within five (5)
business days after issuance of a Notice of Intent to Arbitrate, the Union shall request the Federal
Mediation and Conciliation Service (FMCS) to provide the parties with a panel of seven (7)
arbitrators (Florida residents) from which an arbitrator shall be selected. Within ten (10) business
days after receipt of the FMCS panel, the parties shall meet or confer by telephone to select an
arbitrator. Upon such meeting or conference, the parties shall be entitled to alternately strike
prospective arbitrators (one at a time) from the FMCS panel until only the arbitrator who will hear
the subject grievance remains.
Section 4 The decision of the arbitrator shall be based solely upon the evidence and arguments
presented to him by the parties in the presence of each other. Evidence and arguments, which have
not been submitted for the record at STEP 3, shall not be submitted to, or considered, by an
arbitrator.
Section 5 The arbitrator shall be limited to the interpretation and application of the specific terms
of this Agreement. An Arbitrator shall not have the authority to render a decision on any matter not
submitted for arbitration; nor the authority to substitute his judgment for that of the City
Administrator on matters solely within the purview of the City Administrator pursuant to Florida law
and/or City policies, procedures and /or regulations; nor the authority to interpret or apply this
Agreement in a manner which changes what can fairly be said to have been the intent of the parties
as determined by generally accepted rules of contract; nor the authority to add to, subtract from,
alter, amend and/or modify the terms of this Agreement.
Section 6 The arbitrator shall attempt to render a decision on the grievance within thirty (30) days
after conclusion of the arbitration. The arbitrator's decision shall be in writing, shall set forth the
arbitrator's rationale and conclusions on the issue(s) submitted and shall be final and binding upon
the parties to this Agreement. Any award of back pay provided in an arbitrator's decision shall be
reduced by the amount of compensation that would not have been earned by the grievant, subsequent
to the date the related grievance was filed, had the basis for the grievance not arisen.
Section 7 The time limits set forth in STEP 1 and STEP 2 of this procedure may be extended by
written mutual agreement between the Chief and the President of the Union. The time limits set forth
in STEP 3 and STEP 4 of this procedure may be extended by written mutual agreement between the
City Administrator and the President of the Union.
Section 8 Except through extension(s) as provided herein, failure of the Union or the grievant to
adhere to the time limits set forth in this procedure shall constitute a waiver of the entitlement to
pursue a grievance further. Except through extension(s) as provided herein, failure of the City to
adhere to the time limits set forth in this procedure shall entitle the Union or the grievant to advance
to the next step.
Section 9 Each party shall bear the cost of its own witnesses, representatives, transcripts, photos,
etc. However, fees and expenses of the arbitrator shall be borne equally by the parties.
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ARTICLE 23
CONSOLIDATION OF DEPARTMENTS
Section 1 Should City and County Governments seek consolidation of the departments all union
employees shall be maintained as employees'.
ARTICLE 24
SEVERABILITY
Section 1 If any provision of this agreement should be declared invalid by any court action, state
law of federal law, the remaining parts or portions of this Agreement shall remain in full force and
effect.
ARTICLE 25
DUTY SCHEDULE
Section 1— The schedule will remain 24hrs on and 48hrs off.
Section 2 The City shall post a monthly schedule at the fire station prior to the first day of the
month to which the schedule applies. When schedule is modified it will be posted as soon as
possible.
Section 3 The City shall maintain three EMT /firefighter II state certified firefighters on shift at all
times.
ARTICLE 26
APPENDICES AND AMENDMENTS
Section 1 Any /all appendices and amendments of this Agreement shall be numbered or lettered,
dated, and executed by the parties hereto.
ARTICLE 27
DURATION
Section 1— This agreement shall be effective on the date of execution by both parties, and shall
remain in full force until the 30 day of September 2007. Each party shall notify the other of its
intent to renegotiate all or part of this Agreement on or before May 1 2007.
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IN WITNESS THEREOF, the parties have made and executed this agreement of the
respective dates under such signature below, including that of the City of Okeechobee,
Florida, acting by and through its City Council and Mayor, who is authorized to execute
this agreement on behalf of the CITY, as witnessed by the City Clerk, on this J day
of Cr 2006.
ATTEST:
Lane Gamiote:, CMC, City Clerk
As to Local #2918 International Association of Firefighters
Karl Holtkamp, President
Date: -S
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As to the City of Okeechobee:
s E. Kirk, Mayor
Date: 1i(7 3 K 62(-C.'
Exhibit "A"
AUTHORIZATION TO DEDUCT UNION DUES'
I hereby authorize Okeechobee- County Finance Office to deduct Union dues from my
payroll checks and remit same to IAFF Local 2918 in accordance with the .terms and
conditions of the current CBA.
Name (signature):
Name (print):
Name (signature):
Name (print):
Date:
REVOCATION OF
AUTHORIZATION TO DEDUCT UNION DUES
I hereby revoke my previous authorization for Okeechobee County Finance Office to
deduct Union dues from my payroll checks, effective immediately.
Date:
i
Exhibit UBn
GRIEVANCE FORM
Grievant (print): Date Filed:
Date of occurrence giving rise to this grievance:
Description of occurrence giving rise to this grievance provide COMPLETE description,
i.e. date of occurrence, witness (es), etc.; attach additional sheets if necessary):
Article(s) and Section(s) of CBA alleged to have been violated:
Requested remedy:
Grievant (signature):
Grievance received by: Date:
STEP 1
Date copied to President and EMC members by Chief:
Date considered by EMC: EMC determination:
STEP 2
Date of notice that grievant intends to pursue grievance to STEP 2:
Date of STEP 2 meeting:
STEP 2 determination:
Chief (signature): Date:
STEP 3
Date received by County Administrator's Office:
Date of STEP 3 meeting:
STEP 3
County Administrator (signature): Date:
STEP 4
Grievant hereby provides Notice of Intent to Arbitrate this grievance pursuant to Article 25,
Section 3 of the CBA.
Grievant (signature):
Date received by County Administrator's Office:
Date FMCS panel requested:
Arbitrator (name): Date selected:
June 30, 2006
James E. Kirk
Okeechobee City Mayor
55 S.E. 3` Ave.
Okeechobee, FL 34974
RE: Union Agreement
Mr. Kirk,
I have received a copy of the proposed contract. The contract was presented to the
members of the union and ratified. I look forward to continuing our negotiations for the
next contract.
Karl Holtkamp
President
Okeechobee Fire Suppression
Rescue Association
Local 2918
P.O. Box 207
Okeechobee, FL 34973
FILE COPY
Affiliated with: Internatbnal Association of Fire FinhtArc. Flnriria Pmfpccinnal Firafinhrtara
May 1, 2006
This Memo is to review and respond to Karl Holtkamp's 4/27/06 letter:
Art 9, Sect'n 6 Management wants the prerogative to hire back after a layoff,
utilizing a formula as described in the amended Agreement wherein 50% of the
hire back `criteria' will be based on previous employment performance and 50%
on seniority.
Art 10, Sect'n 1 The minimum thresholds described in Sect'n 9 of Art 10 will
govern promoting, as agreed (ie. 3 yrs experience as City Fireman or 5 yrs as a
paid professional firefighter) as minimum thresholds. The City may accept
application from outside the Dept.
Art 11, Sect'n 2 The provision of allowing an employee on light duty to work
overtime in an effort help the employee reach his pre health related- absence
wage was discussed. Perhaps it was not made clear enough, and you did
mention, "if work was available but there was not a commitment to amend the
Agreement and add that provision. We talked about what circumstances might
precipitate the Chief allowing an employee to work overtime...that was the extent
of our understanding.
Art 13, Sect'n 1 Management is not in favor of stipends at this time.
Art 14, Sect'n 1 Sick leave accrual is being proposed by the Union at 12
hours /month. Comparing sick days to other employees is irrelevant in as much
as we are not drawing conclusions based on other department employee benefits
as was aptly put by the Union, in the argument relating to stipends. However, if a
comparison is going to be made, the only method to calculate the benefit so as to
be equitable is to figure the time worked, or rather the amount of time on duty,
and correlate that to other departments. For example: regular employees work
2080 hours /year and receive 12 eight -hour days. Firemen have 2756 hours (52
weeks X 53 /hrs /week) less 192 hours (8 kelly days) 2564. That is 123% more
than the other Departments. Other employees receive 96 hours (12 months X 8
hour days). 123% times 96 118, which is 9.83 hours/ month.
Art 14, Sect'n 3 Requesting an increase from 240 to 500 hours of Annual
Leave accrual for retirement purposes. The increased hours would be paid at
retirement and would therefore increase the employee's average annual salary
for retirement calculations. Management is not in favor of the increase.
As a review, the following abbreviated issues were discussed with the
Union and as far as management is concerned:
Issues not agreed to:
1. Recall after layoff (Art 9)
2. Promotions and ability to hire outside of Dept (Art 10)
3. Light duty, hourly pay (Art 11, Sectn 2)
4. Monthly Stipends for different special training. City started paying Lt. Cell
phone access, recently (Art 13, Sectn 1)
5. Sick leave (Art 14, Sectn 1)
6. Annual leave accrual for retirement purposes (Art 14, Sectn 1)
Proposed, negotiated, and agreed to:
1. Union activity regulations as per Union request (Art 3)
2. Provide bulletin board location as per Union request (Art 4)
3. Administrate dues deduction as per Union request (Art 5)
4. No employee lockout as per Union request (Art 8, Sectn 2)
5. Struck employee pre- demotion pay provision in event of reorganization/layoff
(Art 9, Sectn 5)
6. Promotion testing methodology, designation of a panel, procedural info, all
requested by Union and negotiated mutually agreed terminology (Art 10)
7. Eight Kelly days and shift hours 7am to 7am, Union unsuccessfully requested
increased number of Kelly days to 13, 3 platoons working 48hour work week
(Art 11, Sectn 1)
8. Shift Exchange now reduced to writing, as requested by Union (Art 12)
9. 6% wage incr retroactive to 10/1/05 (Art 13, Sectn 1), have paid the `step' pay
increases based on former steps. Union originally requested ranges w/
COLA added as given to other employees and once the top of a range is met
then a quarterly lump sum amt is extended.
10. Clarification on response time and compensation (Art 13, Sectn 4)
11. Rmvd multi year contract, rmvd performance based increases (Art 13)
12. Removed overtime provision for work in excess of 208 hours, adjusted to 212
in 28 day period.
13. Agreed to `step up' pay up to $1, wherein subordinate officer assumes higher
rank for the day. This is new. (Art 13, Sectn 5)
14. Struck original proposal for City to pay insurance premium for dependents
(Art 15)
15. Paying for travel exp, tuition etc wording (Art 16)
16. Uniform and protective clothes, Union wished to have reimbursement for
personal property damaged and to be supplied w/ jumpsuit and station boots,
mutually not agreed to. (Art 17)
17. Union wanted a separate deferred compensation program started in addition
to the current pension, mutually not agreed to (Art 19)
18. Establish Emplee/Mangemnt Comm, as requested by Union (Art 20)
19. Establish discipline procedures unique to the Fire Dept (Art 21)
20. Establish grievance arbitration as requested by the Union (Art 22)
21. City agrees to retain all employees in event of consolidation (Art 23)
22. Scheduling which simply reduces to writing current policy (Art 25)
April 27, 2006
International Association of Fire Fighters
Okeechobee Local 2918
Brian Whitehall
Okeechobee City Administrator
55 S.E. 3 Ave.
Okeechobee, FL 34974
RE: Union and City Negotiations
Dear Brian,
This letter is being sent to you in reference to your reply after are last meeting:
1. This is in response to each article mentioned in your letter:
*Article 9, Section 6, The Union did request seniority based call back after layoff,
that is also how it is spelled out in the City of Okeechobee Personnel Policies and
Procedures Hand Book dated 07 -24 -2000. On page 35 under Types of Separations
and then categorized under Layoff.
*Article 10, Section 1, Yes the Union would like to see advancement made within
the Department whenever possible.
*Article 11, Section 2, The Union did request a change in hourly rates for those
on light duty; however in our last meeting it was agreed that hourly rate would
stay the same and if work was available the employee would be allowed to work
overtime to make up for hours missed.
*Article 13, Yes the Union did request payment for stipends for the employees of
the Fire Department. We are not negotiating for the other city employees, but if
you would like us to contact the AFL/CIO to come in and negotiate a contract for
the other city employees we will assist you in that matter.
*Article 14, Section 1, Yes the Union did request that Sick day accrual be
changed from 8 hours a month to 12 hours a month. This would only total 6 days
of sick leave at the fire department annually and all other city employees receive
12 days of sick leave annually.
*Article 14, Section 3, Yes the Union did request that Annual leave be allowed to
accrue up to 500 hrs, but that it only be allowed to be collected for retirement
purposes only; otherwise it would fall under standard city policies of 240hrs. State
statutes allow for up to 500 hrs of annual leave to be added into an employees
final year of income to help boost there average annual salary for retirement.
2. I do not agree that all of the items listed in your letter are unresolved. In our last
meeting some changes were agreed to that were not shown in your letter; however
I hope with this letter the issues still at large have been clarified.
The Union is not ready to declare an impasse until we have met again. We need to make
sure that the issues we are having problems with are the same. It was believed that some
of the issues you stated had already been resolved. I will also forward a copy of our letter
to council so that they may review. Please contact me to schedule a meeting so that we
may resolve the rest of our issues.
Sincerely,
Karl B. Holtkamp
ternational Association of Firefighters
and Florida Professional Firefighters
Union President Local 2918
CC: Mayor and City Council
Brian Whitehall
April 18, 2006
ty of Okeechobee
Karl Holtkamp
International Association of Fire Fighters
Okeechobee Local 2918
P 0 Box 207
Okeechobee FL 34973
Office of the City Administrator
RE: Union Negotiations
Dear Karl,
After conferring with the City Attorney I have the following information:
1. Each side must declare in writing, to the City Council, that an impasse has
occurred in the negotiations. 1 have copied the City Council the issues
that I believe are still outstanding which are as follows:
Art 9, Sec 6, Union wants strictly seniority based call back aft layoff
(Mngmnt disagree)
Art 10, Sec 1, Union wants City to exhaust issues in Sec 9 of same Art
10, before hiring outside of Dept. (agree)
Art 11, Sec 2, Union wants employee on light duty to be paid a higher
hourly rate because he will be limited to 40 hr work week vs a 53 hr work
week, and will realize smaller paycheck (disagree)
Art 13, Union wishes to have `stipends' which have been narrowed to
ex. inspector- $75 /mo, Instructor- $75 /mo, USAR team- $50 /mo. (disagree,
would agree with concept of introducing stipends but only in the event
that all Dept are given an opportunity to develop them)
Art 14, Sec 1, Union wishes to incr Sick days accrual from 8 hours to
12/month. (disagree) However, a case can be made to incr sick time to
10.5 hrs based on Fire Dept hours of 2756/2080 times other employees
of 8 hours a month, less Kelly days variable.
*Art 14, Sec 2/3, Union wants to be able to accrue 500 hours leave time
to only be used at retirement to enhance their retirement based on
income averaging. (disagree)
I have enclosed the last draft of the Agreement to this letter for your
review, so that we have no discrepancy on which draft we are referring to.
2. After we concur that we have the above items unresolved we either send
the matter to a mediator or the City Council for resolution. It appears that
a meeting with the City Council may be set as a closed session for the
discussion of the contract negotiations.
55 S.E. Third Avenue Okeechobee, Florida 34974 -2932 (863) 763 -3372 Fax: (863) 763 -1686
to the aggrieved employee, the Committee may recommend that the aggrieved employee
receive a compensation adjustment up and to the gross salary. The Grievance Committee
shall make its report and recommendations to the Department Head. Recommendations
of the Committee shall be written, signed by the Chairperson and delivered within seven
(7) calendar days to the participants. The Department Head shall accept, reject or
modify the recommendations of the Grievance Committee within seven (7) working
days.
CITY COUNCIL APPEAL
Should either the aggrieved employee or the Department Head not accept the
decision of the Grievance Committee they may then appeal to the City Council. The
party appealing shall file written notice with the Personnel Administrator within seven
(7) calendar days of receiving the findings of the Department Head, and request a
hearing. The City Council shall hold a hearing not later than twenty (20) calendar days
after receiving the appeal. The Council may confirm, modify, amend or reverse the
recommendation of the Department Head. The decision shall be in writing and delivered
to the parties within seven (7) calendar days of the hearing. The decision of the Council
shall be final.
TYPES OF SEPARATIONS
Separations from service are categorized as:
RESIGNATION
Two calendar weeks notice must be given by the employee for classification as
resignation in good standing with retention of the re- employment privilege.
LAYOFF
A reduction in work force is an involuntary separation, not involving misconduct,
inefficiency, or other delinquency. The employee is given two weeks notice or two weeks
severance pay in lieu of notice. Layoffs will generally be in reverse seniority sequence
within each job classification after temporary and probationary employees are separated.
Employees will be recalled in seniority sequence, depending on classification vacancies
and length of service.
LOSS OF JOB REQUIREMENTS
An employee who is unable to perform the job adequately, due to loss of license,
bond, or other requirement may be separated by layoff, transferred to other duties or
demoted.
37
Brian Whitehall
April 18, 2006
City of Okeechobee
Karl Holtkamp
International Association of Fire Fighters
Okeechobee Local 2918
P 0 Box 207
Okeechobee FL 34973
Office of the City Administrator
RE: Union Negotiations
Dear Karl,
After conferring with the City Attomey I have the following information:
1. Each side must declare in writing, to the City Council, that an impasse has
occurred in the negotiations. I have copied the City Council the issues
that I believe are still outstanding which are as follows:
Art 9, Sec 6, Union wants strictly seniority based call back aft layoff
(Mngmnt disagree)
Art 10, Sec 1, Union wants City to exhaust issues in Sec 9 of same Art
10, before hiring outside of Dept. (agree) r.5 el)
Art 11, Sec 2, Union wants employee on ligh duty to be p id a higher
hourly rate because he will be limited to 40 hr work week vs a 53 hr work
week, and will realize smaller paycheck (disagree)
Art 13, Union wishes to have 'stipends' which have been narrowed to
ex. Inspector- $75 /mo, Instructor- $75 /mo, USAR team- $50 /mo. (disagree,
would agree with concept of introducing stipends but only in the event
that all Dept are given an opportunity to develop them)
Art 14, Sec 1, Union wishes to incr Sick days accrual from 8 hours to
12/month. (disagree) However, a case can be made to incr sick time to
10.5 hrs based on Fire Dept hours of 2756/2080 times other employees
of 8 hours a month, less Kelly days variable.
*Art 14, Sec 2/3, Union wants to be able to accrue 500 hours leave time
to only be used at retirement to enhance their retirement based on
income averaging. (disagree)
I have enclosed the last draft of the Agreement to this letter for your
review, so that we have no discrepancy on which draft we are referring to.
2. After we concur that we have the above items unresolved we either send
the matter to a mediator or the City Council for resolution. It appears that
a meeting with the City Council may be set as a closed session for the
discussion of the contract negotiations.
55 S.E. Third Avenue Okeechobee, Florida 34974 -2932 (863) 763 -3372 Fax: (863) 763 -1686
Karl Holkamp Apr 18 06
Cont'd Pg 2 of 2
3. The result of the Council's action in resolving the impasse, being the areas
agreed upon by both sides, as well as the disputed areas resolved by
action of the Council, shall be reduced to writing and submitted to the
Union and the City for ratification. If the final contract is not ratified by
both parties, the final contract as approved by action of the City Council
shall take effect on the date of that City Council meeting, and remain in
effect for the balance of the fiscal year in which the negotiations occurred.
After reading this, please forward a copy of the letter that you are sending to the
City Council, setting out our differences as described in #1, above. Thereafter,
we will set up a Closed City Council Session to address the matter and move
toward the adoption of the contract.
Sincerely,
Brian hit-' all
Admi strator
Enc: Current Contract draft
C: Mayor City Council
Atty Cook