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Sanibel Fire and Rescue District |
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CONTENTS Article 1 AGREEMENT Article 2 DURATION OF THE AGREEMENT Article 3 RECOGNITION Article 4 INTERIM BARGAINING Article 5 MANAGEMENT RIGHTS Article 6 UNION RIGHTS Article 7 RULES AND REGULATIONS - DISCIPLINE Article 8 PAYROLL DEDUCTION Article 9 UNION BUSINESS Article 10 WAGES, INCENTIVES AND BENEFIT ALLOWANCE Article 11 LONGEVITY PAY Article 12 INCENTIVE PAY Article 13 GRIEVANCE AND ARBITRATION PROCEDURES Article 14 WORK-WEEK AND OVERTIME Article 15 OVERTIME SELECTION Article 16 SHIFT EXCHANGE Article 17 HOLIDAY PAY Article 18 PAY PLAN Article 19 WORKERS COMPENSATION Article 20 BREAVEMENT LEAVE Article 21 CIVIL LEAVE Article 22 VACATION LEAVE Article 23 SICK LEAVE Article 24 LEAVE OF ABSENCE Article 25 SHORT AND LONG TERM DISABILITY, LIFE AND AD&D INSURANCE Article 26 FAMILY MEDICAL COVERAGE Article 27 PENSION AND RETIREMENT Article 28 NEW HIRES AND PROMOTIONS Article 29 PROMOTIONS AND DEMOTIONS – PAY ADJUSTMENTS Article 30 OPERATOR INSURANCE - LIABILITY Article 31 STATION ACCOMMODATIONS Article 32 HEALTH AND SAFETY Article 33 UNIFORM, PROTECTIVE CLOTHING AND EQUIPMENT Article 34 EDUCATION Article 35 BULLETIN BOARDS Article 36 SUBSTANCE ABUSE POLICY Article 37 MEDICAL EXAMINATIONS Article 38 REDUCTION-IN-FORCE Article 39 LOST OR DAMAGED EQUIPMENT Article 40 MEDICAL PRIVILEGES Article 41 SAVINGS CLAUSE Article 42 ENTIRE AGREEMENT ARTICLE 1 AGREEMENT 1.1 In accordance with Chapter 447 of Florida Statutes, this agreement is entered into by and between Sanibel Fire and Rescue District (hereinafter, the Employer and Fire Chief) and The Southwest Florida Professional Fire Fighters and Paramedics, Local 1826, District Seventeen (17), International Association of Firefighters (hereinafter, the Union). 1.2 The purpose of this agreement is to promote and maintain harmonious and cooperative relationships between the Employer and its employees, both individually as well as collectively through the Union; to foster safety in the work place; to provide an orderly and peaceful means for resolving differences which arise concerning the interpretation or application of this agreement; and to set forth herein the entire agreement between the parties in the determination of wages, hours and terms and conditions of employment. 1.3 This agreement is intended to promote the best interest of the public, employer and employees by providing the highest level of quality medical care and fire service to the community ARTICLE 2 DURATION OF THE AGREEMENT 2.1 This Agreement shall be effective October 1, 2006 and shall remain in full force and in effect until September 30, 2009. 2.2 If either party desires to negotiate a successor agreement it shall notify the other of such intent in writing no later than 180 days before expiration of the Agreement. Unless agreed otherwise, such negotiations shall begin no earlier than 120 days before expiration of the Agreement. 2.3 If no notice is given pursuant to Article 2.2, this Agreement shall continue from year to year. The provisions of Article 2.2 shall apply to such continued Agreements. ARTICLE 3 RECOGNITION 3.1 The Employer recognizes the Union as the Bargaining Agent for a unit composed of all full-time employees who are classified, paid Firefighters, hereinafter called Firefighter employed in the class title positions of Firefighter-EMT, Firefighter-Paramedic, Engineer-EMT, Engineer-Paramedic, Lieutenant-EMT, Lieutenant-Paramedic, Captain-EMT, Captain-Paramedic and Mechanic. 3.2 The Union may display its charter directly alongside the bulletin board at any station of the Employer. 3.3 The Union may display one 3” X 3” IAFF logo on the District’s apparatus, in a designated area as determined by the Chief and the Union DVP. ARTICLE 4 INTERIM BARGAINING 4.1 It is agreed that in the making of this Agreement both parties have proposed and negotiated to a conclusion all matters which shall be subjects of collective bargaining for the duration of this Agreement. During the term of this Agreement neither party shall be obligated to negotiate upon any matter, whether or not contained in this Agreement except by mutual agreement of the parties. ARTICLE 5 MANAGEMENT RIGHTS 5.1 It is the right of the Employer to determine unilaterally the purpose of the District, set standards of service to be offered to the public and exercise control and discretion over its organization and operations. Employer rights will include, but not be limited to, the right of the Employer to direct its employees; to promote, transfer and assign; to suspend, demote, discharge, or take other disciplinary action for just cause; and take any action necessary in order to maintain the efficiency of Sanibel Fire and Rescue District. The right to make and insure compliance with reasonable rules and regulations governing the Firefighters shall be a function of the Employer except as such right is relinquished, modified or abridged by this Agreement or by law. 5.2 The Employer has the right to increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work, funds or other legitimate reasons. The Employer has the right to determine the location, methods, means and personnel by which operations are to be conducted, including the right to contract and subcontract existing and future work. The Employer has the right to determine the number of employees to be employed by the District; to establish, change or modify the number, types and grades of positions of employees assigned to the District; to establish, change or modify duties, tasks, responsibilities or requirements within job descriptions in the interest of efficiency, economy, technological change, or operating requirements and to establish, implement, and maintain an effective internal security practice. 5.3 The Union recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities, and the powers of authority which the Employer has not officially abridged, delegated, or modified by this Agreement are retained by the Employer. 5.4 If, in the sole discretion of the Fire Chief, it is determined that civil emergency conditions exist, including but not limited to, riots, civil disorders, hurricane conditions or similar catastrophes, the provisions of this Agreement may be suspended by the Fire Chief during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 5.5 Those inherent managerial functions, prerogatives and policy-making rights which the Employer has not expressly modified or restricted by a specific provision of this Agreement are not in any way, directly or indirectly, subject to the grievance procedure contained herein except insofar as the implementation of managerial policy affects those items expressed in other Articles of this Agreement in which event only such effects shall be subject to the grievance procedure contained in this Agreement. 5.6 Delivery of District services in the most efficient, effective and courteous manner is of paramount importance to the District. Such achievement is recognized to be a mutual obligation of both parties within their respective roles and responsibilities. 5.7 Nothing herein is intended to operate as a waiver of the Union’s right to engage in impact bargaining. ARTICLE 6 UNION RIGHTS 6.1 Members of the bargaining unit shall have the right to: A. Join the Union or not join the Union; B. Engage in lawful concerted activities for the purpose of collective bargaining negotiations; C. Express or communicate to management any view, grievance, complaint or opinion, related to the conditions of compensation and terms of employment of public employees for their betterment, all free from restraint, coercion, discrimination or reprisal. All communications are to go through the shift reps and the D.V.P. 6.2 Nothing shall abridge the right of any duly authorized representative of the Union to present views of the Union, as it is clearly presented as the view of the Union, and not necessarily the Employer. 6.3 The Employer shall utilize the “just cause standard” as a measure of appropriate discipline for bargaining unit members. 6.4 Bargaining unit employees shall have the opportunity to make regular voluntary donations to IAFF Fire-PAC via payroll deduction. Employees wishing to make FirePAC donations shall be required to submit a form to the District indicating their desire to start or stop such donations. 6.5 The Employer and the Union agree not to discriminate against any employee for their legal activity on behalf of the Employer or any Union; for their membership or non-membership in any Union. ARTICLE 7 RULES AND REGULATIONS - DISCIPLINE 7.1 The Union agrees that its members shall comply with all of the provisions of this agreement and the Sanibel Fire and Rescue District Administrative Policy Manual. 7.2 The Employer agrees to post a copy on the District server and place one (1) hard copy at each District station of each of the following most recent and in effect versions of the below listed documents: A. Sanibel Fire and Rescue District Administrative Policy Manual. 7.3 This Article shall not preclude employees from raising grievances should decisions on the above matters have the practical consequence of violating the terms and conditions of this agreement. 7.4 The District shall notify the Union of any proposed changes in the District Administrative Policy Manual 30 days prior to their implementation for review. The Union shall utilize this 30-day period to review the proposed changes and identify any impacts the changes may have to wages, hours and terms and conditions of employment that may require negotiations. 7.5 Under normal circumstances, the District endorses a policy of progressive discipline in which it attempts to provide employees with notice of deficiencies and an opportunity to improve. 7.6 Revisions to existing Standard Operating Guidelines (SOG's) or the initiation of newly formulated Standard Operating Guidelines (SOG's) shall become effective seven (7) calendar days from the date of issue with the exception of those changes which if not implemented, would directly affect the employer's ability to provide a necessary service and those changes which have an impact on bargaining unit employees’ terms and conditions of employment and over which the Union has requested impact bargaining. ARTICLE 8 PAYROLL DEDUCTION 8.1 The Employer shall deduct, without charge, from the pay of all Union members who authorize such deduction, the monthly dues payable to the Union. The employee shall have the right to stop Union due’s deduction from his or her paycheck upon thirty (30) days written notice to the Employer and Union as set forth in Section 447 Florida Statute. 8.2 Payroll deduction for Union dues shall be accomplished in the first pay period of each month. 8.3 Employees desiring the dues deduction shall authorize it by completing an appropriate form prescribed by the Employer and included in this contract as Attachment A. The Employer will adjust the deduction from time to time upon written notice within ten (10) business days from the Union. 8.4 The Union agrees to indemnify the Employer, and hold harmless, from and against any liability, real or asserted of any kind or nature whatsoever, to any person or party, on account of the Employer’s compliance or efforts to comply with Section 8.1, 8.2 and 8.3 of this Article. 8.5 The Employer agrees to provide employees the ability to participate in an IRS 457 Deferred Compensation Plan, sponsored by Nationwide and the IAFF Financial Corporation. ARTICLE 9 UNION BUSINESS - TIME BANK 9.1 Union members shall be required to donate four (4) hours of Vacation Leave per year to a Union Time Bank to be utilized by bargaining unit members to attend union meetings, conventions and training seminars etc. as approved by a Local 1826 Principal Officer. Donations to the Union Time Bank shall be deducted by the District on October 1st of each year and shall be taken from accrued Vacation Leave hours of each union member. The Union shall be permitted to carry forward Union Time Bank hours to a maximum of 240 hours, after which no further annual contributions shall be made to the bank until the level falls below 240. Should a union member not have four (4) hours of Vacation Leave, available in their bank at the time of the annual October contribution, that employee’s first accrued four (4) of Vacation Leave hours from that year shall be deposited into the Union Time Bank. 9.2 The employer agrees to allow the Union to hold it's meetings, on matters that pertain to this bargaining unit only, no more frequently than once per quarter at the Sanibel Fire and Rescue District Fire Stations. Additional meetings are at the Fire Chief or his designee’s discretion. 9.3 These meetings shall not interfere in anyway with normal or emergency duties. 9.4 The Union DVP or his designee will be allowed to attend scheduled District Fire Commissioner meetings, while on duty, if they use time for time from the Union Business – Time Bank to attend. ARTICLE 10 WAGES, INCENTIVES AND BENEFIT ALLOWANCE 10.1 Employees in the bargaining unit will be paid according to the dated schedule found in “Attachment B”. 10.2 A. By July 15th of each contract year, the District shall calculate an average top-step Firefighter-EMT and Firefighter-Paramedic base hourly rate, without incentives from the following Special Fire Districts: Lehigh; San Carlos; Estero; South Trail; Fort Myers Beach; Iona-McGregor; and Bonita Springs. The District shall then provide its calculation to the Union. If the Union disagrees with the District’s calculation it shall notify the District in writing within ten (10) business days and provide the District with its own calculation of the average top-step rates. Representatives of the parties shall thereafter meet and attempt to resolve the difference in the calculation. If after a reasonable time, no agreement can be reached, the district’s calculation shall be utilized for purposes of the Article subject to the Union’s right to grieve and arbitrate under Article 13 herein. B. On October 1st of each contract year the District’s second year Engineer-EMT and second year Engineer-Paramedic hourly rates shall be changed to the amount of the average top step Firefighter-EMT and average top step Firefighter-Paramedic respectively as calculated in Section 10.2 (A). The remainder of the Matrix in Schedule B shall then be adjusted so that each step represents a 5% difference in pay. C. On October 1st of each contract year the District’s Lieutenants Matrix in Schedule B shall then be adjusted so that the 1st step Lieutenant-EMT will be 15% above the second year Engineer-EMT and the first step Lieutenant-Paramedic will be 15% above the second year Engineer-Paramedic as calculated in Section 10.2 (A). The remainder of the Matrix for the Lieutenants and Captains in that Matrix shall then be adjusted so that each step represents a 5% difference in pay. D. On October 1st of each contract year the District’s Mechanic Matrix in Schedule B shall then be adjusted so that the 1st step will be 75% of the second year Engineer-EMT as calculated in Section 10.2 (A). The remainder of the Matrix for the Mechanics shall then be adjusted so that each step represents a 5% difference in pay. 10.3 Employees who successfully complete the courses of, Fire Service Hydraulics, Fire Apparatus Operations and Aerial Operations, will be eligible for Step 3 Engineer and receive the promotion as outlined in “Attachment B”. Firefighters with the required 3 classes and one year in Step 3 and who has successfully obtained the State Pump Operator Certification, will be eligible for Step 4 Engineer. This promotion is available for personnel in the position of Firefighter-EMT and Firefighter-Paramedic only. Any employees hired after October 1, 2006, will be required to complete the 4th Step Firefighter along with the above requirements to be eligible to proceed to Step 1 Engineer. 10.4 Employees who successfully complete the courses to become a State certified Paramedic and have been credentialed by the District’s Medical Director will receive a promotion as outlined in “Attachment B”. 10.5 Employees who qualify for the Florida State Fire College, Supplemental Compensation Program for Advanced Degree Education, will receive their compensation on a monthly basis for as long as the funds remain provided from the State. 10.6 Employees who, on the effective date of this agreement, are receiving pay above the maximum step, in their classification shall continue to receive that pay. 10.7 Employees who do not live on Sanibel or Captiva Islands will receive a check for 120 tolls in October of each fiscal year an amount sufficient to fund a discount program with 10 trips per month for one year not including the cost of a transponder. This amount will be pro-rated for employees hired after October of any fiscal year. This fee may be increased or decreased according to toll prices at the time. ARTICLE 11 LONGEVITY PAY Employees shall receive Longevity Pay after completion of the following years of continuous service: 5 through 9 years ………………………….1% of base pay 10 through 14 years ………………………….2% of base pay 15 through 19 years ………………………….3% of base pay 20 through 24 years ………………………….4% of base pay 25 or more years ……………………………..5% of base pay 11.1 Longevity Pay shall be paid in one lump sum within the pay period of the employee’s anniversary. Longevity Pay will be paid by multiplying the appropriate percentage times the base pay times 2990 hours. 11.2 Longevity Pay shall be paid in the 2nd year of this Contract, beginning the 2007-2008 fiscal year. ARTICLE 12 INCENTIVE PAY 12.1 Incentive Pay shall be paid in the 3rd year of this Contract, beginning the 2008-2009 fiscal year. The rate will be 30 cents per incentive, for a limit of 5 incentives or $1.50 per hour total. Incentives will be paid on a list of acquirable certificates as determined by the Bargaining Unit and Administration. ARTICLE 13 GRIEVANCE AND ARBITRATION PROCEDURES Grievances or disputes which may arise, under this Agreement and/or related to wages, hours, terms and conditions of employment and discipline, shall be settled in the following manner: 13.1 Grievance Processing A. Definition of business days is 8:00 A.M. to 5:00 P.M. Monday through Friday except for holidays as outlined and defined elsewhere in this agreement. A grievance may be filed by an employee or by a group of employees or by the Union (with respect to a single common issue). B. All grievances shall be processed in the following manner: Step 1:The District Vice President and/or the employee shall, within ten (10) business days of the event leading to the grievance or within ten (10) business days of the time when the employee became aware or should have become aware of the event leading to the grievance, present the grievance in writing to the immediate supervisor for resolution. The written grievance shall include the applicable contract Articles, specific sections and subsections, a description of the alleged violation(s), a description of the actual injury caused by the grievant and a proposed remedy. The Union may file class action grievances. If the grievance has not been settled within ten (10) business days from the date of submission to the immediate supervisor, or if the immediate supervisor fails to respond in writing within ten (10) business days, then the grievance is considered denied and may be advanced to the next step in the process. Step 2:If not settled at Step 1 above, the District Vice President or the employee shall, within ten (10) business days, present the grievance in writing to the Fire Chief or his/her designee for resolution. If the grievance has not been settled within ten (10) business days from the date of submission to the Fire Chief or his designee, or if the Fire Chief or his designee fails to respond in writing within ten (10) business days, then the grievance is considered denied and may be advanced to arbitration. C. The parties may agree to extend the time frame for internal resolution of a grievance by a mutually signed written consent. 13.2 Arbitration Referral. A. If the grievance is not resolved at step two of the grievance procedure, the Union may, within 10 business days from the date the Fire Chief or his designee’s response is due, submit the grievance to the Grievance Committee which shall be made up of the three Principal Officers of Local 1826. The grievance committee shall maintain full authority over the referral of specific grievances to arbitration. This committee will have ten (10) days to review the matter. B. If approved for arbitration referral by the Grievance Committee, the Union shall notify the Fire Chief within ten (10) business days following the review by the committee. 13.3 Selection of the Arbitrator and Scheduling of the Hearing. A. Within ten (10) business days of the written notification to the Fire Chief outlined above, the Union or District may request a panel of seven (7) arbitrators from the FMCS. Once the list is received, the parties shall select one arbitrator from the list by alternately striking names from the list until a single arbitrator’s name remains. The parties shall then notify the arbitrator directly of their selection. The party moving the issue forward to arbitration shall strike first from the list. Either party may strike the entire panel and request a new panel, one time. 13.4 Authority of the Arbitrator. A. The Arbitrator shall not have the power to add to, subtract from, modify or alter the terms of a collective bargaining agreement in arriving at a decision of the issue or issues presented and shall confine his or her decision solely to the interpretation or application of this agreement. The Arbitrator shall not have the authority to determine any other issues not submitted. B. The Arbitrator shall be the sole judge of the relevancy and materiality of the evidence offered. However, fundamental notions of due process shall be observed. C. The decision of the Arbitrator shall be final and binding upon the aggrieved employee or the Union and the Employer. D. Upon receipt of the Arbitrator’s award, corrective action, if any, will be implemented as soon as possible, but in any event, no later than ten (10) business days after receipt of the Arbitrator’s award. E. The Arbitrator shall interpret and apply these rules insofar as they relate to the Arbitrator’s powers and duties and shall rule on matters of arbitrability. 13.5 Arbitration Expenses. A. The arbitrator’s fee and reasonable expenses shall be borne equally by the parties. Each party shall be responsible for their own individual expenses such as attorney fees, witness fees, transcript copies etc. B. Attendance at any arbitration procedure and compensation of participants shall be the responsibility of each side. The expenses for witnesses for either side shall be borne by the party producing such witnesses. ARTICLE 14 WORK-SCHEDULE 14.1 A three (3) platoon, twenty-four (24) hour tour of duty composed of three (3) shifts shall be in effect for assigned personnel. Each shift shall work a different tour of duty 24 hours on and 48 hours off. Employees assigned to shift, will work a schedule consisting of twenty-four (24) hours on duty followed by forty-eight (48) hours off duty. Non-shift employees typically work Monday through Friday of each week. 14.2 The starting time for the shift and 40-hour personnel for each station shall be 0800 hours. 14.3 Shift employees shall be permitted a fifteen (15) minute morning break, a one (1) hour lunch period and a one (1) hour dinner period. Forty (40) hour personnel receive one morning and one afternoon (15) minute breaks, and a one (1) hour lunch period. It is understood that employees are subject to both emergency work and essential work considered outside the routine work performed during the normal work day over the entire work period including special details and training. 14.4 The normal work day and workweek may be changed at the discretion of the Fire Chief, however, prior to changing the normal work day or workweek the Fire Chief will meet and discuss his intent to alter the normal work day with the Union's authorized representatives. ARTICLE 15 OVERTIME SELECTION 15.1 All available overtime for coverage of bargaining unit slots shall be filled by personnel of the same rank or qualifications, if not possible minimum staffing according to rank and qualification will be as follows; but maybe changed according to the Chief or his designee’s discretion: Minimum on duty Personnel – 6 Minimum on duty Officers - 1 Minimum on duty Paramedics – 2 15.2 For steps to determine “overtime selection”, refer to the Sanibel Overtime SOG. 15.3 For training purposes the Fire Chief or his designee may mandate employees in, not to exceed 12 times in a fiscal year, unless unexpected mandated training is issued upon the District either through the State or Federal level to which the Fire Chief or his designee is held accountable. ARTICLE 16 SHIFT EXCHANGE 16.1 Upon twenty-four (24) hours written notice shift exchange shall be granted on an inter-shift basis, subject to the approval of the Fire Chief or his designee. 16.2 Shift exchange is applicable only to shift employees. 16.3 Probationary employees may not take any shift exchanges within the 1st three (3) months of their employment. They may not exchange more than one (1) shift in a row within the 1st six (6) months of their employment. 16.4 If the employee accepting a shift exchange fails to work the scheduled exchange of shift time, he or she will be charged the appropriate leave time accordingly. 16.5 Forty-eight (48) hours (2-shift days) is the maximum amount of hours any one member can work continually through shift exchanges. 16.6 Lt’s. or Captains may not have Firefighters work in their positions. Lt’s and Captain may exchange with each other. This can be changed according to the Fire Chief or his designee discretion. 16.7 All exchanges will be approved once it is cleared that all staffing needs have been met. (Example: 2 Paramedics and 1 Officer on shift.) ARTICLE 17 HOLIDAY PAY 17.1 Holidays Observed: New Years Day Labor Day Presidents Day Veterans Day Good Friday Thanksgiving Memorial Day Day after Thanksgiving Independence Day Christmas Eve Christmas Day 17.2 Shift Employees: A. Shift Employees will be paid twelve (12) hours straight-time per holiday. B. Holiday time will be paid to each employee at straight time at the rate of pay being earned when the holiday occurred. C. An employee will not receive holiday time or pay for a holiday that occurs while on non-pay status. While receiving Workers' Compensation the employee shall be eligible for holiday pay. 17.3 40 - Hour Employees: A. When the holiday is observed, employees assigned to a 40-hour workweek will be paid at the regular rate for the number of hours which would have been regularly scheduled, and granted the holiday off. B. If the employee is required to work on an authorized holiday, the employee will receive holiday pay and will be paid for the hours actually worked. C. A holiday that occurs on a Saturday or Sunday generally will be observed on either the preceding Friday or following Monday, as determined by the Fire Chief or his designee. 17.4 To receive holiday pay, an eligible employee must be at work or taking scheduled Vacation or Sick Leave on the duty days immediately preceding and immediately following the day on which the holiday is observed, this includes the day of the holiday also for shift employees. If an employee is absent on one (1) or both of these days, including the day of the holiday, because of an illness or injury, the District will require verification of the reason for the unscheduled absence before approving holiday pay ARTICLE 18 PAY PLAN AND OVERTIME 18.1 Employees will be paid every other Friday and if the regular payday occurs on a “bank” holiday, employees will be paid on the last day before the regular payday. 18.2 The Employer will furnish a direct deposit payroll plan, at no charge to the Employee, for weekly payroll deposit at a bank or credit union of the employee’s choosing. Employees may arrange for direct deposit of their entire paycheck to the credit union or bank of the employee’s choosing. Employees hired after October 30, 2003, shall be required to arrange for direct deposit of their paychecks. 18.3 Pay periods for shift employees are averaged over twenty-one (21) days with the workweek starting on a Monday at 0800 and ending fourteen (14) days later on a Monday morning at 0759, with overtime calculated per Section 7(k) of the Fair Labor Standards Act. Paying employees every two (2) weeks establishes twenty-six (26) pay checks in each calendar year. Each usual paycheck for shift employees will reflect one hundred and six (106) hours of straight time and six (6) hours of time and one-half “Garcia” pay. The pay period for non-shift employees is the seven (7) consecutive day period from Sunday to Saturday. 18.4 Employees called in to work other than their scheduled shift will be compensated one and one-half (1½) times the regular rate of pay, for actual hours worked. 18.5 For purposes of overtime calculations, other than sick time used on the duty day before or after an overtime day, paid time off shall be considered time worked. 18.6 Anyone working voluntary overtime on the duty day before or the duty day after using a sick day will be paid straight time. 18.7 An employee who has, at the employer's request, worked hours outside of his regular schedule will not have such schedule altered solely for the purpose of preventing the payment of overtime. 18.8 During out-of-county mutual aid deployments, work-hours will be considered those which are reimbursable through either State or Federal Emergency Management agencies or those hours that correspond to an employee’s normal shift. ARTICLE 19 WORKERS' COMPENSATION 19.1 An employee who is temporarily disabled in the line of duty shall be eligible for Workers' Compensation after a waiting period of seven (7) calendar days. The employee may elect to use accrued Sick Leave or Vacation Leave if the employee has no available Sick Leave. On the eighth (8th) calendar day off of work, the employee will revert to Workers’ Compensation Indemnity Benefits for partial or total indemnity benefits under and according to Florida Workers Compensation Law. 19.2 Employees will be paid Workers’ Compensation indemnity Benefits for the first seven (7)calendar days only if they are disabled for more than twenty-one (21) days (these days do not have to be consecutive calendar days). 19.3 In the event that the employee is disabled for more than twenty-one (21) days, they will be reimbursed for their used Sick Leave or Vacation Leave days that were taken during the first seven (7) calendar days of leave. However in order to receive this benefit, the employee must surrender their Workers' Compensation check for that time period to the District. 19.4 An employee temporarily disabled in the line of duty, which prohibits the performance of the employee's regularly assigned duties, may be required to perform light duty. 19.5 Many on-the-job injuries may prohibit the performance of regularly assigned duties; however, there may be other duties that such employees may be able to perform. Provided that the District’s designated physician states that a light duty assignment is acceptable and light duty work is available, the employee will report to Station One on their next regularly scheduled duty day for assignment of duties. Light duty assignments will normally consist of a 40-hour workweek. 19.6 If an employee refuses light duty, the Employer may act according to Florida law and the Sanibel Fire and Rescue District policy. 19.7 If an employee is denied workers compensation benefits for refusing light duty as set forth above, the employee may request a medical leave of absence provided the request is substantiated by the employee's personal physician. 19.8 When an employee is placed on light duty, the employee shall receive their full pay. 19.9 The District is under no obligation to create light duty for an employee and the provision of light duty for an employee shall not be precedent for provision of light duty for another employee. ARTICLE 20 BEREAVEMENT LEAVE 20.1 In the event of death of a member of the immediate family (as defined herein), a shift employee may be granted up to fifty-three (53) hours of paid leave and a 40 hour employee may be granted up to forty (40) hours of paid leave to facilitate attendance at the funeral. More time may be granted by the Chief or his designee for extenuating circumstances. 20.2 The immediate family is defined as the employee's spouse, child, mother, father, brother, sister, legal guardian (in household), step-parent, step-child (in household), grandchild, grandparent, parent-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or any relative residing within the employee's household. 20.3 Bereavement leave is of a special nature and may not be deferred or converted to any other purpose. It is not charged against any other leave account, and is not accumulated in the manner of annual or sick leave. Payment in lieu of Bereavement Leave is not authorized. The frequency with which it is granted shall be governed only by necessity. 20.4 Scheduled Vacation Leave or Sick Leave, if accrued, or leave without pay may be granted in conjunction with Bereavement leave at the Chief’s discretion. 20.5 No payment for Bereavement Leave shall be made except upon receipt of notice from the funeral director or an obituary notice. The Fire Chief or his designee shall take whatever measures are necessary to satisfy himself of the eligibility of the employee for leave. ARTICLE 21 CIVIL LEAVE 21.1 The Fire Chief will grant an employee leave with full pay for any absence necessary for serving on a jury, attending court as a witness under subpoena, voting in an election or taking tests of fitness for employment under the provisions of these Rules. 21.2 Employees after having been released or having finished any part of the above activities must report back to their job within a reasonable time. 21.3 A Military Leave of absence will be granted if an employee is absent in order to serve in the uniformed services of the United States pursuant to the requirements of USERRA, 38 U.S.C. §4301 et. seq. 21.4 Employees will be eligible to participate, up to two (2) weeks in a calendar year, in an annual encampment or training duty in the United States Military Reserves or the National Guard. 21.5 In both of the above cases the District will make up the difference if the pay the employee is receiving from the military is below the regular pay (inclusive of regular FLSA overtime and holiday pay) they would have earned had they been working for the District. This benefit shall not exceed twelve (12) month for active duty and two (2) weeks for annual training duty. ARTICLE 22 VACATION LEAVE 22.1 The established vacation year begins on the employee’s date of hire. Vacation Leaves are accrued or earned based on the employee’s length of service and on the time actually worked. Employees will not be entitled to accrue more than eighteen (18) months of vacation hours except with special approval by the Fire Chief. Vacation Leave time not used in accordance with above shall be forfeited and shall not be paid.
22.2 Employees may not take paid Vacation Leave until they have actually earned the Vacation Leave. Vacation Leave is earned on the last day of each month. All employees will be charged on an hour-for-hour basis for time used. New employees accrue paid vacation upon initial employment but may not take any Vacation Leave until they have completed at least six (6) months of employment. 22.3 Employees out on short-term disability or scheduled Family Medical Leave do not accrue Vacation Leave hours. If an employee is not receiving a payroll check from the District, they are not entitled to Vacation Leave accrual.
22.4 Vacation Leave time may not be taken in
increments less than 22.5 Application for Vacation Leave must be made two (2) weeks in advance. Applications submitted less than two (2) weeks out will require special consideration by the Chief or his designee and maybe considered over the phone by the Chief or his designee on call. No more than one (1) shift employee per shift may take Vacation Leave. The Fire Chief or his designee may waive this requirement. 22.6 In cases of emergency or operational conflicts, such as impending hurricanes, the Fire Chief or his designee may cancel pending Vacation Leave or disapprove Leave requests and or call back personnel from Vacation Leave. 22.7 Upon separation of employment all employees will receive pay at their hourly rate of pay at the time of separation for any unused earned Vacation Leave hours. ARTICLE 23 SICK LEAVE 23.1 Sick Leave may be granted for the following purposes: A. Personal injury and or illness not connected with work. B. Pregnancy disability leave. C. Medical, dental, optical or chiropractic examination or treatment. D. Exposure to a contagious disease, which would endanger others, as determined by a Physician. E. Illness of a member of the employee’s immediate family. (Not more than five working days per fiscal year may be taken for this purpose without approval of the Fire Chief or his designee.) F. If an employee appears to be injured or ill, the District Administration may choose to instruct the employee to leave the workplace. In such cases, the employee must use Sick Time. G. Sick Time may be taken during the employee’s probationary period. 23.2 Employees shall accrue Sick Leave in accordance with the following chart:: Shift Employees 12 hours per month = 144 hours per year Forty (40) Hour Employees 8 hours per month = 96 hours per year 23.3 There is no limit on the amount of Sick Leave an employee may accrue. 23.4 Any employee that accrues 144 consecutive hours of Sick Leave with out using any will upon request be permitted to transfer 48 hours of Sick Leave to Vacation Time. 120 hours accrued in a one year period, 36 hours may be transferred to Vacation hours, 96 hours accrued in one year period, 24 hours may be transferred to Vacation hours. Written request must be submitted to the Chief or his designee for hours to be transferred 23.5 Sick Leave shall be charged to the employee for the actual time the employee is away from work in not less than one (1) hour increments. 23.6 An employee calling in for Sick Leave of any purpose shall notify the on duty Officer at Station One, at least sixty (60) minutes before they are scheduled to report for duty and shall identify the reason for the absence and its expected duration. Failure to do so may result in the forfeit of pay for the day. The on duty Officer will then notify the Chief Officer or his designee on call. 23.7 The District reserves the right in all cases of illness or reported illness either of the employee or a family member, to require the employee to furnish a written certification from the health care provider if there is any suspected abuse, documented pattern or practice of Sick Leave. If any such absence exceeds two (2) consecutive duty days the requirement will be mandatory. Any sick time used in excess of 72 hours with out written certification in any 12 month period will also require a written certification from the health care provider for the remainder of that 12 month period. Abuse of Sick Leave privileges shall constitute grounds for disciplinary action. 23.8 A statement from the attending physician office must be presented upon return to work in cases required by the Fire Chief or his designee. Should it be discovered that an employee is taking Leave under false pretenses, it shall be deemed grounds for disciplinary action, to include dismissal. 23.9 When an employee has exhausted his or her Sick Leave, the employee may take Vacation Leave or Leave without pay upon the approval of the Fire Chief or his designee. 23.10 Employees who take unscheduled Sick Leave are expected to remain at their residence during the term of their illness, unless the employee is seeking medical attention. Under no circumstances may an employee take Sick Leave to engage in recreational activity or to work at another job. 23.11 Employees who falsify the reason for an absence will be subject to disciplinary action, up to and including termination and compensation for the absence will be stopped immediately. 23.12 Employees unable to participate in training activities due to illness or injury maybe required to utilize Sick Leave as determined by the Fire Chief or his designee. 23.13 If an employee resigns and has given proper notice, or is terminated in good standing from the District, they will receive payment for one-fourth (1/4) the balance of their accrued and unused Sick Leave, but payment shall not exceed a total of 400 hours. The lump sum separation payment shall be determined by using the employee’s base rate of pay at the time of his or her separation. This payment will be made to the employee on his/her last day of employment with the District. 23.14 Newborn Leave: A. Upon written request, employees may be granted up to forty-eight (48) hours, (40-hour employees will be granted five (5), eight (8) hour days) of absence with pay for the birth of the employee's child, or the employee's adoption of a child under the age of 18. B. Newborn Leave must be used within the first 30 days following the birth or adoption of the employee's child. C. The Newborn Leave is not accrued and is not deducted from Vacation Leave or Sick Leave accounts. DONATION OF SICK LEAVE 23.15 It is the policy of the District to allow employees to donate accrued Sick Leave to other employees who have a non-work related long-term illness and/or injury and who have no available Sick Leave hours to utilize. 23.16 The donating employee may not donate hours if after the donation their own Sick Leave balance would fall below one-hundred twenty (120) hours. 23.17 The donating employee may only donate up to forty-eight (48) hours of their own Sick Leave within one (1) years time. Employees may donate additional Sick Leave at the Fire Chief or his designee’s discretion. 23.18 If the receiving employee does not utilize all of the hours donated the donated hours will be returned on a pro-rated basis to those employees who donated. ARTICLE 24 LEAVE OF ABSENCE 24.1 A leave of absence may be approved by the Employer at its sole discretion upon written request by the employee. 24.2 A leave of absence shall be without pay or benefits and shall be granted only after District manning and personnel requirements have been evaluated by the Employer. 24.3 The employee on a leave of absence shall be reinstated to his original position with pay and benefits when a vacancy for that position becomes available and the employee complies with and meets all current requirements for employment. The employee shall forfeit all pay increases that he or she would have incurred during their leave. 24.4 A leave of absence for medical or educational purposes shall be without pay or benefits. However, the employee on a leave of absence for educational or medical purposes shall be reinstated to his original position upon expiration of the leave so long as he complies with and meets all current requirements for employment. The employee shall forfeit all pay increases that he or she would have otherwise incurred during their leave. 24.5 When the reinstatement of an employee upon the expiration of an medical or educational.leave of absence places the total complement of personnel in excess of that approved by the Employer, the Employer shall have the right to reduce the number of personnel accordingly to allow for reinstatement. 24.6 The employee on a requested Leave of Absence will be notified prior to the District fillingthe vacated position. Failure to return to work immediately shall be grounds for the District to replace that employee ARTICLE 25 SHORT AND LONG TERM DISABILITY, LIFE AND AD&D INSURANC 25.1 Disability Program: A. The employee may purchase Short Term and/or Long Term Disability Insurance at their sole option and expense through the Insurance program that the District participates in through Lee County Board of County Commissioners. The benefits available under these Programs are described in the Summary Plan Description, available upon request and are subject to change by Lee County and or its insurance provider. B. Premiums are deducted from the 2nd payroll check of the month. C. The participating employee will be allowed to choose which benefit they would like to utilize to cover the necessary time off. EITHER their disability insurance OR their own accumulated sick leave and vacation time. The employee may not utilize increments of both of these benefits concurrently. The choice must be made at the end of the first full week they are out of work. 25.2Life and AD&D Insurance: A. The District will cover all 56 – hour and 40 - hour employees with Life and AD&D Insurance as follows: 1. The amount of Life Insurance will be one and one-half (1½) times your basic annual earnings, rounded to the next higher $1,000; subject to a maximum of $150,000. 2. The amount of AD&D Insurance will be three (3) times your basic annual earnings, rounded to the next higher $1,000; subject to a maximum of $200,000. B. Additional amounts of life insurance may be purchased through the District’s insurance program with Lee County. ARTICLE 26 FAMILY MEDICAL COVERAGE 26.1 The District agrees to provide all District employees and or their legal spouse and or their legal children with medical, dental, eye and prescription insurance which is substantially equivalent to the coverage currently provided according to the following: A. All coverage’s are subject to the exclusions and limitations imposed by the Insurance Provider. B. The District will cover employee’s dependents, according to the Lee County Health and Dental Benefits Plan. A dependent can be the employee’s legal spouse and any unmarried children from birth to age twenty-five (25), provided the employee can and will document, that they are unmarried, dependent on the employee for support and either reside in the household of the employee, OR are full or part-time students at an accredited school, college or university. C. The District will not provide medical, dental, eye or prescription coverage, for employee’s spouses who are entitled to such an insurance program through his or her own employment at no cost. The District will not provide benefits to employees spouses that have turned down comparable benefits offered by an employer, at no cost as part of a cafeteria plan, so that they can receive additional benefits or pay. ARTICLE 27 PENSION AND RETIREMENT FLORIDA RETIREMENT SYSTEM27.1 All employees shall be covered under the Florida Retirement System. 27.2 The Employer shall contribute one hundred (100%) percent of the cost of such plan. DEFERRED COMPENSATION PLAN 27.3 It is the policy of the District to participate in an IRS 457 Deferred Compensation Plan which is a voluntary program for employees of the District to set aside additional money for retirement pre-tax. POST EMPLOYMENT HEALTH PLAN 27.4 It is the policy of the District to participate in the Post Employment Health Plan, offered by Nationwide Retirement Solutions. The post Employment Health Plan (PHEP) is Nationwide Retirement Solutions brand name for a 501@(9) trust plan. A 501@(9) trust plan is funded by the employer to cover health care costs for employees who either terminate their employment or retire. 501@(9) trust plans are tax exempt and accumulate reserves to pay medical insurance premiums or uncovered health care expenses for former employees. 27.5 The plan is funded by the employer, all contributions, and earnings on investments as well as reimbursements for qualified employee medical expenses incurred after separation of service are received free from federal income and FICA taxes. 27.6 Upon separation from the District any Vacation Leave or Sick Leave accumulated that is being processed into dollar value, may be placed into this account. 27.7 The District shall contribute $1,500 per fiscal year to each employee’s established PHEP account. ARTICLE 28 NEW HIRES AND PROMOTIONS 28.1 New Hires shall serve a one (1) year probation period, during which they shall be subject to periodic evaluations. A. Probationary employees may be disciplined or terminated without recourse to arbitration under Article 11. 28.2 The District will offer employees promotions to higher-level positions when appropriate. The District prefers to promote from within and may first consider current employees with the necessary qualifications and skills to fill vacancies above the entry level, unless outside recruitment is considered to be in the District’s best interest. 28.3 Employee eligibility for promotion will be determined by the requirements of the new job. In addition, to be considered, employees must have a satisfactory performance record within their current position. 28.4 Job openings and promotions for which the District solicits candidates from within the District normally will be posted on the employee bulletin board and announced in a District Memo. When job openings or promotion opportunities are posted: A. Interested employees must initiate a written request to the District Administrator prior to the cut-off date specified in the positing. 28.5 Employee candidates for promotion will normally be screened and selected on the basis of attendance and work records, and job-related qualifications including, in some instances, aptitude or achievement tests. Seniority will be considered if two (2) or more candidates are judged to be equally qualified based on merit, work record and other qualifications. Promotion or assessment center testing may be required. The necessary qualifications for the selected promotions are: A. Engineer – Employees hired after October, 2006, must have been employed full-time by the District for four (4) years. All candidates must have successfully passed the classes of Fire Service Hydraulics, Fire Apparatus Operations and Aerial Operations and receive the State Pump Operator Certification. All current employees with a hire date prior to October, 2006, who are currently in Steps 1, 2 or 3 of this position must obtain their State Pump Operator Certification prior to advancing to Step 4. B. Lieutenant – Employees hired after October, 2006, must be currently working in an Engineer position and have completed four (4) classes towards their Fire Officer I Certification, excluding I-200, I-300 and Emergency Response to Terrorism classes. All current employees with a hire date prior to October, 2006, are eligible for this promotion, if they have completed the four (4) classes towards their Fire Officer I Certification, excluding I-200, I-300 and Emergency Response to Terrorism classes. C. Captain – Employees hired after October, 2006, must be in the Engineer Step 1 position and have acquired Fire Officer I Certification. All current employees with a hire date prior to October, 2006, with Fire Officer I Certification are eligible for this promotion. Current employees working in a Lieutenant position and able to acquire their Fire Officer I Certification within 24 months after appointment to the rank of Captain are also eligible. 28.6 All employees will be notified sixty days prior to the promotional exam with the specific details of the referenced material to be used during the promotional exam. Employees will also be notified of all the steps used during the promotional exam. 28.7 Employees shall serve a promotional probation period of one year and shall be subject to evaluations during that time. Employees who fail to successfully complete probation due to unsatisfactory performance evaluations shall be returned to their former classification and placed in the step they would have attained had they not received the promotion, without recourse to arbitration under Article 11. 28.8 Employees selected for promotion may be assigned to another shift or station assignment, as determined by the needs of the District. 28.9Promoted employees will retain their existing job seniority. |