HomeMy Public PortalAbout2008-43 Ratification of the 2007-2010 collective bargaining agreementRESOLUTION NO. 2008-43
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA ("VILLAGE"),
PROVIDING FOR RATIFICATION OF THE COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE
AND THE KEY BISCAYNE PROFESSIONAL
FIREFIGHTER'S ASSOCIATION, LOCAL 3638, FOR THE
BARGAINING UNIT CONSISTING OF FIRE CAPTAINS;
AUTHORIZING THE VILLAGE MANAGER TO SIGN THE
COLLECTIVE BARGAINING AGREEMENT ON BEHALF
OF THE VILLAGE; AUTHORIZING THE VILLAGE
MANAGER TO TAKE ALL ACTION NECESSARY TO
IMPLEMENT THE COLLECTIVE BARGAINING
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village of Key Biscayne ("Village") desires to ratify the Collective
Bargaining Agreement ("Agreement") between the Village and Key Biscayne Professional
Firefighter's Association, Local 3638 ("Firefighter's Union"), for the bargaining unit consisting of
Fire Captains (a copy of the Agreement is attached hereto as Exhibit "A"); and
WHEREAS, the Village Council finds that ratification of the Agreement is in the best
interest of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. The foregoing whereas clauses are true and correct and are incorporated herein
by this reference.
Section 2. Ratification of the Agreement between the Village and the Firefighter's Union,
in substantially the form attached hereto as Exhibit "A," is hereby authorized and approved.
Section 3. The Village Manager is hereby authorized to execute the Agreement on behalf
he
of t Village.
of {11V
Section 4. The Village Manager is authorized to take all actions necessary to implement the
Agreement and the purpose of this Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 26th day of August, 2008.
MAYOR ROBERT L. VERNON
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
PHILLIPS & RICHARD, P.A.
ATTORNEY'S AT LAW
?EN M PHILLIPS
UCIIARD
iNSEL:
IERRERA-NAVARRETE, P A.
A IRELAND
September 17, 2008
VIA OVERNIGHT MAIL
Genaro Iglesias, Village Manager
Village of Key Biscayne Village Hall
88 W. McIntyre Street, Room 210
Key Biscayne, FL 33149
RE: Agreement between Village of Key Biscayne and Local 3638
Dear Mr. Iglesias:
9360 SW 72 STREET, SUITE 283
MIAMI, FLORIDA 33173
Tel. (305) 412-8322
Fax. (305) 412-8299
Enclosed please find the original executed agreement between the Village of Key
Biscayne and the Key Biscayne Professional Firefighters Association Local 3638.
Very truly yours,
P -r -n- Kathleen M. Phillips
KMP/bw
cc: Jeff Liversedge, President Local 3638
AGREEMENT
BETWEEN
VILLAGE OF KEY BISCAYNE
AND
KEY BISCAYNE
PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL 3638
OCTOBER 1, 2007 - SEPTEMBER 30, 2010
Agreement Between Key Biscayne & Professional Firefighters
Association, Local 3638
2007-2010
TABLE OF CONTENTS
ARTICLE 1 1
RECOGNITION CLAUSE 1
ARTICLE 2 2
MANAGEMENT RIGHTS 2
ARTICLE 3 3
NO STRIKES AND LOCKOUTS 3
ARTICLE 4 4
NON-DISCRIMINATION CLAUSE 4
ARTICLE 5 5
UNION REPRESENTATIVES 5
ARTICLE 6 6
UNION BUSINESS 6
ARTICLE 7 8
DUES DEDUCTION 8
ARTICLE 8 9
INITIAL PROBATIONARY PERIOD 9
ARTICLE 9 10
DISCIPLINARY PROCEDURES 10
ARTICLE 10 12
GRIEVANCE PROCEDURE 12
ARTICLE 11 15
SENIORITY 15
ARTICLE 12 18
HOLIDAYS 18
ARTICLE 13 20
SICK LEAVE 20
ARTICLE 14 23
VACATION LEAVE 23
ARTICLE 15 25
LEAVES OF ABSENCE 25
ARTICLE 16 31
INTEGRITY OF THE FIRE DEPARTMENT 31
ARTICLE 17 32
SEVERABILITY 32
ARTICLE 18 33
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Agreement Between Key Biscayne & Professional Firefifihters
Association, Local 3638
2007-2010
TABLE OF CONTENTS
ON THE JOB INJURY 33
ARTICLE 19 35
HOURS OF WORK 35
ARTICLE 20 37
SHIFT EXCHANGE 37
ARTICLE 21 38
PERSONNEL ALLOCATION 38
ARTICLE 22 39
HEALTH AND LIFE INSURANCE COVERAGE 39
ARTICLE 23 40
VACANCIES AND PROMOTIONS 40
ARTICLE 24 42
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS 42
ARTICLE 25 47
MISCELLANEOUS PROVISIONS 47
ARTICLE 26 52
PROFESSIONAL ENHANCEMENT 52
ARTICLE 27 53
ENTIRE AGREEMENT 53
ARTICLE 28 54
SAFETY EQUIPMENT 54
ARTICLE 29 55
LAY OFF 55
ARTICLE 30 56
OVERTIME 56
ARTICLE 31 57
WORKING OUT OF CLASSIFICATION 57
ARTICLE 32 58
UNIFORMS AND MAINTENANCE ALLOWANCE 58
ARTICLE 33 60
RETIREE HEALTH SAVINGS PLAN 60
ARTICLE 34 61
PENSION 61
ARTICLE 35 67
SALARIES 67
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Agreement Between Key Biscayne & Professional Firefighters
Association, Local 3638
2007-2010
TABLE OF CONTENTS
ARTICLE 36 68
DRIVER ENGINEER 68
ARTICLE 37 70
EXECUTIVE ASSISTANT TO THE FIRE CHIEF 70
ARTICLE 38 72
DURATION OF AGREEMENT 72
EXHIBIT "A" 73
iii
ARTICLE 1
RECOGNITION CLAUSE
1.1 The Village of Key Biscayne (hereinafter "Village and/or "Key Biscayne") hereby
recognizes the Key Biscayne Professional Firefighter's Association, Local 3638
(hereinafter, "Local 3638" or the "Union"), as the sole and exclusive bargaining agent as
to wages, hours and other terms and conditions of employment for the following
bargaining units as certified by the State of Florida Public Employees Relations
Commission (PERC):
a. Certification No. 1491, and Order No. 04E-200:
Included: Firefighters / Paramedics, Driver Engineers, Fire Lieutenants and
Executive Assistants to the Fire Chief
Excluded: All other employees of the Village, including the Fire Chief, Deputy Fire
Chief and Fire Captains
b. Certification No. 1524, and Order No. 04E-317:
Included: Fire Captains
Excluded: All other employees of the Village, including the Fire Chief, Deputy Fire
Chief, Fire Lieutenants, Driver Engineers, Firefighters / Paramedics
1.2 Any changes in the bargaining units set forth above shall only be made upon proper
application to PERC and/or an appropriate court of competent jurisdiction.
1
ARTICLE 2
MANAGEMENT RIGHTS
2.1 It is understood and agreed that the Village possesses the sole right to operate the Fire
Department and that all management rights as specified in section 447.209 of the Florida
Statutes are expressly reserved to the Village, but that such rights must be exercised
consistent with the provisions of this Agreement. These rights include, but are not
limited to, the following: discipline or discharge for just cause; direction and supervision
of all personnel; the hiring, the assignment or transfer of employees; determination of the
mission and objectives of the Fire Department; determination of the methods, means, and
number of personnel needed to carry out the Fire Department's missions and objectives;
introduction of new or improved methods or facilities; and scheduling of operation and
shifts.
2
ARTICLE 3
NO STRIKES AND LOCKOUTS
3.1 Local 3638, agrees that the Union will not engage in a "Strike" against the Village as
defined in section 447.203(6) of the Florida Statutes. "Strike" means the concerted
failure of employees to report for duty; the concerted absence of employees from their
positions; the concerted stoppage of work by employees; the concerted submission of
resignations by employees; the concerted abstinence in whole or in part by any group of
employees from the full and faithful performance of the duties of employment with the
Village for the purpose of inducing, influencing, condoning, or coercing a change in the
terms and conditions of employment or the rights, privileges, or obligations of public
employment, or participating in a deliberate and concerted course of conduct which
adversely affects the services of the Village; the concerted failure of employees to report
for work after the expiration of a collective bargaining agreement; and picketing in
furtherance of a work stoppage. The term "Strike" shall also mean any overt preparation,
including, but not limited to, the establishment of strike funds with regard to the above -
listed activities.
3.2 No public employee or employee organization may participate in a strike against a public
employer by instigating or supporting, in any manner, a Strike. Any violations of this
section shall subject the violator to the penalties provided in Chapter 447 of the Florida
Statutes. The Village agrees that it will not "lockout" the employees from the workplace.
Any violations of this Article will allow either party to seek injunctive relief from the
appropriate court.
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ARTICLE 4
NON-DISCRIMINATION CLAUSE
4.1 It is the policy of the Village that all employees have the right to work in an environment
free of discrimination and any form of harassment based on race, color, religion,
ancestry, pregnancy, national origin, age, disability, marital status, familial status, sexual
orientation, union activity, union affiliation, or union membership.
4.2 All references in this Agreement to employees are gender neutral.
4.3 An employee aggrieved by a violation of this Article may use the grievance and
arbitration provisions of this Agreement. Should the employee elect to process such
complaint through another agency, the grievance process shall not be available.
4
ARTICLE 5
UNION REPRESENTATIVES
Rank and File
5.1 A list of Union representatives will be disclosed to the Fire Chief in writing annually and
at any time a change in Union representatives occurs. This list shall include any
representatives of the Union who are not employees of the Village.
5.2 The Union will designate two (2) members as the Union representatives on each shift,
who are employees of the Village and who will act in the capacity of designated Union
representatives. The Union shall be permitted to designate two (2) additional
representatives, who are not employees of the Village as additional Union representatives
which shall not include legal counsel.
5.3 Representatives of the Union may be allowed to meet with individual employees on
Village property during working hours to carry out normal business of the Union, if the
Fire Chief has prior knowledge of such activity and such visitation does not interfere with
efficient operations of the Department.
Fire Captains
5.4 The Captains designated their Local Union President and Vice President to act as their
Union representatives during the life of this Agreement. As Union representatives, they
may be allowed to meet with individual Captains on Village property during working
hours to carry out normal business of the Union, if the Fire Chief has prior knowledge of
such activity and such visitation does not interfere with efficient operations of the
Department.
5
ARTICLE 6
UNION BUSINESS
6.1 The Union is hereby authorized to establish a time pool bank utilizing voluntary time
contributions from its members subject to the provisions of this Article
6.2 For each bargaining unit member, who is authorized to use time from the time pool, the
Union Executive Board shall fill out the appropriate form as provided by the Village.
This form shall be processed through channels of the bargaining unit member who is to
use the pool time.
6.3 Bargaining unit members shall be released from duty on pool time only lithe needs of the
service permit, but such release shall not be unreasonably denied. If because of the needs
of the service, a bargaining unit member cannot be released at the time desired, the Union
may request an alternate bargaining unit member be released from duty during the
desired time
6.4 Rank and File. The four (4) members of the Union negotiating team shall be allowed to
participate in labor contract negotiation sessions while on duty with no loss of pay or
emoluments, so long as the level of service remains intact. Any changes to either
negotiating team shall be done in writing.
6.5 Fire Captains. The three (3) Fire Captains shall be allowed to participate in labor
contract negotiation sessions while on duty with no loss of pay or emoluments, so long as
the level of service remains intact. Any changes to either negotiating team shall be done
in writing.
6
6.6 If the needs of the service permit, union representatives will be allowed a reasonable
period of leave without a loss in pay to conduct the representation of bargaining unit
members, including attendance at Village Council meetings, but such release shall not be
unreasonably denied. If because of the needs of the service, a Union representative
cannot be released at the time desired, the Union may request an alternate representative
be released from duty during the desired time.
7
ARTICLE 7
DUES DEDUCTION
7.1 Effective immediately upon receipt of a written authorization form from an employee, the
Village agrees, at no cost to the employee or Union, to deduct regular union dues of such
employee from his paycheck and remit such deductions to the duly elected Treasurer of
the Union within ten (10) working days from the date of the deduction. The Union will
notify the Village in writing prior to any change in the regular union dues structure.
7.2 An employee may, at any time, on forms provided by the Union, revoke his union dues
and deduction and shall submit such revocation form to the Village with a copy of such
revocation form to the Union. The Village shall only stop union dues deductions on the
first pay period in each calendar month.
8
ARTICLE 8
INITIAL PROBATIONARY PERIOD
8.1 Probation, for the purpose of performance evaluations and wages, shall be eighteen (18)
months from the date of hire. A probationary employee may be discharged for any
reason during his/her probationary period. At the discretion of the Fire Chief, an
employee's initial probationary period may be reduced to thirteen (13) months.
8.2 Accumulation of sick time will be cumulative from the first day of employment and the
employee may use these days with the submission of a valid doctor's certification,
provided that the employee submits such certification prior to returning to duty.
8.3 Vacation days will be accumulated from the date of employment; however, the
probationary employee may not use vacation leave until he/she has completed a
minimum of one (1) year of service, or in the event of an extraordinary circumstance, the
Fire Chief may, at his discretion, allow up to forty eight (48) hours vacation leave.
8.4 Probationary employees shall have no right to utilize the grievance procedure set forth in
Article 10 of this Agreement.
9
ARTICLE 9
DISCIPLINARY PROCEDURES
9.1 Non -probationary employees will only be disciplined or discharged for just cause in a
progressive manner, except in cases of gross misconduct which may result in immediate
discharge. In each case a written statement indicating the preferred charges and the
reasons for such action shall be presented to the employee being disciplined.
Disciplinary and discharge matters shall be subject to the grievance procedures, including
binding arbitration.
9.2 Disciplinary actions taken will be fair and consistent with other such actions taken by the
Department under similar circumstances, utilizing the Rules and Regulations of the Fire
Department.
9.3 During the term of this Agreement, all complaints, reprimands, or other records of
disciplinary action against each employee which are reduced to writing and placed in the
employee's personnel file, shall be duplicated and a copy sent to the employee. The
employee shall have the right to enter a response to the disciplinary action into their
personnel file. Failure to conform to the provisions of this article shall render the
discipline/discharge null and void.
9.4 In disciplinary cases involving the possibility of a discharge, suspension or reduction in
rank, a pre -determination meeting before the Village Manager shall be held to review the
charges prior to the imposition of such discipline or discharge. At least 5 (five) days
prior to the date of the meeting, the employee and the Union shall be notified in writing
of the charges, time, date and place of the meeting. The employee shall have the right to
10
be accompanied and represented by a Union representative and/or legal counsel.
9.5 The Village agrees that it will not rely on, refer to, or introduce during an arbitration
hearing, any disciplinary action in the Employee's file that occurred more than three (3)
years prior to the date on which the incident occurred that gives rise to the Village's
current disciplinary decision.
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ARTICLE 10
GRIEVANCE PROCEDURE
10.1 An employee may file a grievance to address a complaint or alleged wrong as directly
related to the labor agreement between the parties.
10.2 Grievance Procedure
Step 1: The grievant shall within four (4) working days, (by the end of the next on duty
shift for employees on a 48 -hour work week) of the incident, discuss and explain his/her
complaint or grievance orally with his/her immediate supervisor, who may call higher
level supervision into the discussion in an effort to achieve a prompt satisfactory
adjustment. The immediate supervisor will make a decision and notify the grievant
within five (5) working days (two shifts for 48 hour employees) after the discussion with
the employee.
The supervisor will immediately make his/her immediate supervisor aware of the
grievance. In cases where the grievance involves the immediate supervisor, the grievant
shall instead call on his/her supervisor's immediate supervisor.
Step 2: If the grievant feels the matter has not been settled or adjusted to his/her
satisfaction by the immediate supervisor, he/she may submit the matter in writing to the
Fire Chief or his designee, following Step 2 instructions, within three working days (one
shift for 48 hour employees) of receiving a response from Step 1. The written grievance
must contain the specific information being grieved:
• A statement of the dissatisfaction, complaint, or alleged wrong and the specific
facts upon which it is based.
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" T h e a l l e g a t i o n o f t h e s p e c i f i c c o m p l a i n t , a n d t h e h a r m d o n e o r t h a t w i l l b e d o n e
b e c a u s e o f s u c h a c t i o n .
" A s t a t e m e n t o f t h e a d j u s t m e n t o r r e m e d y b e i n g s o u g h t .
T h e F i r e C h i e f o r h i s d e s i g n e e w i l l s c h e d u l e a m e e t i n g w i t h t h e e m p l o y e e w i t h i n
f i v e ( 5 ) w o r k i n g d a y s ( t w o s h i f t s f o r 4 8 - h o u r e m p l o y e e s ) a f t e r r e c e i v i n g t h e g r i e v a n c e . I f
t h e m a t t e r i s n o t r e s o l v e d a t t h i s m e e t i n g , t h e F i r e C h i e f o r h i s d e s i g n e e s h a l l g i v e h i s
w r i t t e n a n s w e r w i t h i n t e n ( 1 0 ) w o r k i n g d a y s a f t e r t h e s c h e d u l e d m e e t i n g . T h e m e e t i n g
w i l l b e l i m i t e d t o t h e i n d i v i d u a l e m p l o y e e , a u n i o n r e p r e s e n t a t i v e , a n d t h e F i r e C h i e f o r
h i s d e s i g n e e .
S t e p 3 : I f t h e g r i e v a n c e i s n o t r e s o l v e d t o t h e e m p l o y e e '