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FF Union Agmt (Exp 9/30/09)2008 (Expires 9/30/09) 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 "City" shall mean the City of Okeechobee, Florida. The term "Department" shall mean the City of Okeechobee Fire Department and 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. Page 1 of 13 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 stared 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. Page 2of13 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 the Articles 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 Sec. 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. Page 3 of 13 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........... 2. Oral examination 3. Performance evaluation........ 4. Physical agility 5. Length of service one-quarter (1/4) one-quarter (1/4) one-quarter (1/4) one-quarter (1/4) 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. Page 4 of 13 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 & 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 ranking officer's 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 examination then 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 days year based upon twenty-four (24) hour shifts commencing at 0700 hours and continuing to 0700 hours the following day. The 24-hour shift beg nning/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). Determination(s) regarding availability, duration, or conditions associated with light-duty assignments by the Chief or City Administrator 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 Chief's 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. Page 5 of 13 ARTICLE 13 PAY COMPENSATION Section 1- Effective and retroactive to October 1, 2007, each bargaining unit employee's base pay shall be adjusted in accordance herewith: Classification Firefighter/EMT 20% pay increase Lieutenant Firefighter/EMT 2_0% pay increase Furthermore, effective on January 8, 2009 (the 1/8/09 payroll distribution) an additional lump sum (non-reoccurring `bonus') amount will be extended equal to 2% of the bargaining unit employee's December 31" base salary as described on the City's `Step Plan' chart at that time. Section 2 - A bargaining unit employee shall be compensated at the rate of one and one-half (1 1/2) 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 Chief's 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 1/2) 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 that 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 employee's scope of authority subject to the provisions of Section 7 herein. Page 6 of 13 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: 295 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 Sec. 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. Page 7 of 13 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) 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 employee's termination of employment. The replacement cost of any item not relinquished in accordance with this section shall be withheld from the employee's 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. Page 8 of 13 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. 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 semi-annually. 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. ARTICLE 21 DISCIPLINE AND DISCHARGE Section 1 - The Union acknowledges that dis4line 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: Abuse of paid leave/ Two (2) consecutive or four (4) or more incidents of unscheduled excessive absence(s) - compensated and/or uncompensated absence from duty during any 12-month period, excluding absences certified by a licensed Florida physician to be medically essential. Willful inefficiency - Failure to perform assigned tasks within a specified time period without reasonable justification in the sole judgment of the Chief. Unauthorized release Release of information exempt from disclosure pursuant to Chapter information - 119, F.S. Motor vehicle violations - Violations of state law or local ordinance relating to the operation of motor vehicle. Job abandonment - 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. Page 9 of 13 ARTICLE 22 GRIEVANCE ARnY i AATION 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 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 attorney's 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 Administrator's 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. Page 10 of 13 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 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 Page 11 of 13 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. ARTICLE 23 CONSOLIDATION OF DEPARTMENTS Section 1- If during the term of existence of this contract a private company applies to take over the services of the City Fire Department, or the County of Okeechobee and the City of Okeechobee negotiate the consolidation of the two departments, the City shall negotiate the terms of that agreement by including a request that all then current Union firefighters within the City are carried over as full time employees of the new entity. ARTICLE 24 SEVERABILITY Section 1- If any provision of this agreement should be declared invalid by any court action, state law or 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 30th day of September 2009. Each party shall notify the other of its intent to renegotiate all or part of the Agreement on or before May 1, 2009. Page 12 of 13 IN WITNESS THEREOF, the parties have made and executed this agreement respective dates under such signature below, including that of the City of Okeechob ee Florida, acting by and through its City Council and Mayor, who is authorized to e this agreement on behalf of the CITY xecute , as October, 2008. witnessed by the City Clerk, on this 7`h day of ATTEST: Lan' aAmiotea, MC, City Clerk As to the City of Okeechobee: J Kirk, Mayor Date: a0v As to Local #2918 International Association of Firefighters Karl HoltkamP, President Date: /c) - Z y_ O y Page 13 of 13 ~i Exhibit 'A'' AUTHORIZATION TO`DEDl1CTtlhttON-DtJE•S' - 1 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. SS Name (signature): Date: Name (print): REVOCATION OFi AUTHORIZATION TO DEDUCT UNION DUES :I t I hereby revoke "my previous authorization for Okeechobee County Finance Office to deduct Union dues from my payroll checks, effective immediately. y Name (signature): Date: Name (print):. j - Exhibit `B" 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 receivQd by County Administrator's Office: - Date of STEP 3 meeting: STEP 3* determination: 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 teceived by County Administrator's Office: Date FMCS panel requested: Arbitrator (name): Date selected: