HomeMy Public PortalAbout2024-01 Providing for ratification of the 2023-2026 Collective Bargaining Agreement between the Village and the Key Biscayne Professional Firefighters Association, Local 3638 (2)RE SOLUTION NO. 2024-1
A RE SOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORI DA, PROVIDING
FOR RATIFICATION OF THE 2023-2026 COLLECTIVE
BARGAINING AGREEM ENT BETW EEN THE VILLAGE
AND THE KEY BISCAYNE PROFESSIONAL
FIREFIGHTERS ASSOCIATION, LOCAL 3638, FOR THE
BARGAINING UNIT CONSISTING OF THE VILLAGE'S
FIRE FIGHTERS/PARAM EDICS, DRIVER ENGINEERS,
FIRE LIEUTENANTS, AND THE BARGAINING UNIT
CONSISTING OF THE FIRE CAPTAINS; AUTHORIZING
THE VILLAGE M ANAGER TO SIGN THE COLLECTIVE
BARGAINING AGREEM ENT ON BEHALF OF THE
VILLAGE AND TAKE ALL ACTIONS NECESSARY TO
IM PLEM ENT THE AGRE EM ENT; AND PROVIDING FOR
AN EFFECTIVE DATE.
W HERE AS, the Village of Key Biscayne ("Village") desires to ratify the 2023-2026
Collective Bargaining Agreement ("Agreement") between the Village and the Key Biscayne
Professional Firefighters Association, Local 3638, for the bargaining unit consisting of the
Village's Firefighters/Paramedics, Driver Engineers, Fire Lieutenants and the bargaining unit
consisting of Fire Captains (a copy of the tentative 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 MAYOR AND VILLAGE
COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
confirmed, and incorporated herein.
Section 2. Authorization. That the Village Manager is hereby authorized to execute
the Agreement, in substantially the form attached hereto as Exhibit "A," and to take all actions
necessary to implement the Agreement and the purpose of this Resolution.
S e c ti o n 3 . E ffe ct iv e D a t e . That thi s Resolution shall tak e effect imm ediately upon
adoption.
PA SSED an d AD OPTED this 23rd day of __ ------=J=an=u=ary""-"----~· 2024.
ATT EST:
JOE I. RA SCO, MAYOR
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~<O~ 12::, Koc-S
JOC LYN.0C H
V ILLA GE CLERK
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AP PROV ED A S TO FORM AND LEGA L SU FFICIE~ •--v-x..::;;;.-
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WE ISS SEROTA HELFMAN CO LE & BIE RM A N , P.L.
VILLA GE ATT O RN EY
E X H IB IT A
AG REEM ENT
BETW EEN
VILLA G E O F KEY BISCAYNE
AND
K EY BISCAYNE
PRO FESSIO NA L FIRE FIGHTERS ASSOCIATION
LO CAL 3638
OCTO BER 1, 2023 - SEPTEM BER 30, 2026
A g r ee m e n t B e tw een K ey B isca y n e & P ro fessio n a l F irefi gh ters
A sso ci a tio n , L o ca l 3638
-2023-2026
TABLE OF CONTENTS
A R T IC L E 1 1
R E C O G N ITI O N C LA U SE 1
A R T IC L E 2 2
M A N A G EM E N T R IG H T S 2
A R T IC L E 3 3
N O ST R IK ES A N D L O C K O U T S 3
A R T IC LE 4 4
N O N -D ISC R IM IN A TI O N C LA U SE 4
A R T IC L E 5 5
U N IO N R E PR ESE N T A T IV ES 5
A R T IC L E 6 7
U N IO N B U S IN E SS 7
A R T IC L E 7 9
D U E S D E D U C T IO N 9
A R T IC LE 8 10
IN ITI A L PR O B A TI O N A R Y PER IO D 10
A R T IC L E 9 11
DI SC IPLI N A R Y PR O C E D U R E S 11
A R T IC L E 10 13
G R IE V A N C E PR O C E D U R E 13
A R TI C L E 11 16
SE N IO R IT Y 16
A R T IC L E 12 20
H O LI D A Y S 20
A R T IC L E 13 22
S IC K LE A V E 22
A R T IC LE 14 25
V A C A TI O N LEA V E 25
A R T IC L E 15 27
LEA Y ES O F A B SEN C E 27
111
A g ree m e n t B etw een K ey B isca yn e & Professional Firefighters
Association, Local 3638
-2023-2026
TABLE OF CONTENTS
ART ICLE 16 32
IN TEG RITY OF THE FIRE RESCUE DEPARTM ENT 32
ARTI CLE 17 33
SE V ERA BILI TY 33
AR TICLE 18 34
ON THE JO B IN JURY 34
ARTICLE 19 36
HO URS OF W O RK 36
ARTICLE 20 38
SH IFT EXCHA N G E 38
ART ICLE2I 39
PE RSO NN EL ALLO CA TIO N 39
ARTICLE 22 40
HEA L TH AN D LI FE IN SU RA N CE CO V ERA GE 40
ARTICLE 23 42
VA CAN CIES AN D PRO M O TIO N S 42
ART ICLE 24 44
PH Y SICA L AN D SUBSTAN CE ABUSE EXA MINATIONS 44
ARTICLE 25 50
M ISCELLAN EO US PRO V ISION S 50
AR TI CLE 26 54
PRO FESSIO N A L EN HA N CEM ENT 54
ART ICLE 27 58
ENTI R E AG REEM EN T 58
AR TICLE 28 59
SA FETY EQ UIPM EN T 59
ART ICLE 29 60
LA Y OFF 60
ART ICLE 30 61
OV ERTIM E 61
IV
Agreement Between Key Biscayne & Professional Firefighters
Association, Local 3638
-2023-2026
TABLE OF CONTENTS
ARTICLE 31 62
WORKING OUT OF CLASSIFICATION 62
ARTICLE 32 63
UNIFORMS AND MAINTENANCE ALLOWANCE 63
ARTICLE 33 64
PENSION 64
ARTICLE 34 67
SALARIES 67
ARTICLE 35 69
DRIVER ENGINEER 69
ARTICLE 36 70
DURATION OF AGREEMENT 70
EXHIBIT "A" 71
V
A R T I C L E 1
R E C O G N I T I O N C L A U S E
1.1 T he V illage of K ey B iscayne (hereinafter "V illage and/or "Key Biscayne") hereby
recognizes the Key B iscayne Pro fe ssional Firefighter's Association, Local 3638
(hereinafter, "L ocal 3638" or the "U nion"), as the sole and exclusive bargaining agent as
to w ages, hours and other term s and conditions of em ploym ent fo r the fo llowing bargaining
units as certifi ed by the State of Florida Public Em ployees Relations Com m ission (PERC):
a. C ertifi cation N o. 1491, and O rder N o. 04E-200:
Included:
Excluded:
Firefi ghters I Para m edics, Driver Engineers and Fire Lieutenants.
A ll other em ployees of the V illage, including the Fire Chief, Deputy Fire
C hiefs and Fire C aptains.
b.
Included:
Excluded:
C ertifi cation N o. 1524, and Order N o. 04E-3 I 7:
Fire C aptains.
A ll other em ployees of the V illage, incl uding the Fire Chief, Deputy Fire
C hiefs, Fire Lieutenants, Driver Engineers and Firefighters I Param edics.
1.2 A ny changes in the bargaining units set fo rth above shall only be m ade upon pro per
application to PE R C and/or an appro priate court of com petent jurisdiction.
ARTICLE2
MANAGEMENT RIGHTS
2.1 It is understood and agreed that the V illage possesses the sole right to operate the Fire
Rescue D epartm ent and that all m anagem ent rights as specified in section 44 7.209 of the
Fl orida Statutes are expressly reserved to the Village, but that such rights m ust be exercised
consistent w ith the pro visions of this A greem ent. These rights include, but are not lim ited
to, the fo llow ing: discipline or discharge fo r just cause; direction and supervision of all
personnel; the hiring, the assignm ent or tra nsfer of em ployees; determ ination of the m ission
and objectives of the Fire Rescue Departm ent; determ ination of the m ethods, m eans, and
num ber of personnel needed to carry out the Fire Rescue Departm ent's m issions and
objectives; intro duction of new or im pro ved m ethods or facilities; and scheduling of
opera tion and shifts.
2
ARTICLE3
NO STRIKES AND LOCKOUTS
3.1 Local 3638, agrees that the Union w ill not engage in a "Strike" against the Village as
defi ned in section 447.203(6) of the Fl orida Statutes. "Strike" m eans the concerted failure
of em ployees to report fo r duty; the concerted absence of em ployees from their positions;
the concerted stoppage of w ork by em ployees; the concerted subm ission of resignations by
em ployees; the concerted abstinence in w hole or in part by any gro up of em ployees from
the fu ll and fa ithful perfo rm ance of the duties of em ploym ent w ith the V illage fo r the
purpose of inducing, infl uencing, condoning, or coercing a change in the term s and
conditions of em ploym ent or the rights, privileges, or obligations of public em ploym ent,
or participating in a delibera te and concerted course of conduct which adversely affects the
services of the V illage; the concerted fa ilure of em ployees to report fo r work after the
expira tion of a collective bargaining agreem ent; and picketing in furtherance of a work
stoppage. T he term "Strike" shall also m ean any overt prepara tion, including, but not
lim ited to, the establishm ent of strike funds w ith regard to the above- listed activities.
3.2 N o public em ployee or em ployee organization m ay participate in a strike against a public
em ployer by instigating or supporting, in any m anner, a Strike. Any violations of this
section shall subject the violator to the penalties pro vided in Chapter 447 of the Florida
Statutes. T he V illage agrees that it w ill not "lockout" the em ployees from the workplace.
A ny violations of this A rticle w ill allow either party to seek injunctive relief from the
appro priate court.
3
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 though
another agency, the grievance process shall not be available.
4
A R T I C L E 5
UNION REPRESENTATIVES
Rank and File
5.1 A list of U nion representatives w ill be disclosed to the Fire Chief in writing annually and
at any tim e a change in U nion representatives occurs. This list shall include any
representatives of the Union w ho are not em ployees of the Village.
5.2 T he U nion w ill designate tw o (2) mem bers as the Union representatives on each shift, who
are em ployees of the V illage and w ho w ill act in the capacity of designated Union
representatives. T he U nion shall be perm itted to designate tw o (2) additional
representatives, w ho are not em ployees of the V illage, as additional Union representatives
w hich shall not include legal counsel.
5.3 R epresentatives of the Union m ay be allow ed to m eet w ith individual em ployees on Village
pro perty during w orking hours to carry out norm al business of the Union if the Fire Chief
has prior know ledge of such activity and such visitation does not interfere w ith effi cient
opera tions of the D epartm ent.
5.4 N othing contained in this A greem ent, nor any policies or pro cedures of the V illage, shall
be construed to lim it or abridge the rights of the Union representatives or bargaining unit
m em bers to engage in law fu l concerted activity, or exercise free speech rights under
C hapter 447, Florida Statutes, or under the I st A m endm ent of the Constitution.
5
Fire Captains
5.5 T he C aptains designated their Local Union President and Vice President, and/or their
designees, to act as their U nion representatives during the life of this Agreem ent. As Union
representatives, they m ay be allow ed to m eet w ith individual Captains on Village pro perty
dur ing w orking hours to carry out norm al business of the Union, if the Fire Chief has prior
know ledge of such activity and such visitation does not interfere w ith efficient operations
of the D epartm ent.
6
ARTICLE 6
UNION BUSINESS
6.1 T he U nion is hereby authorized to establish a tim e pool bank utilizing voluntary tim e
contributions fr om its m em bers subject to the pro visions of this Article.
6.2 Fo r each bargaining unit m em ber w ho is authorized to use tim e from the tim e pool, the
U nion Executive Board shall fi ll out the appro priate fo rm as pro vided by the V illage. This
fo rm shall be pro cessed thro ugh channels of the bargaining unit m em ber who is to use the
pool tim e.
6.3 B argaining unit m em bers shall be released fr om duty on pool tim e only if the needs of the
service perm it, but such release shall not be unr easonably denied. If because of the needs
of the service, a bargaining unit m em ber cannot be released at the tim e desired, the Union
m ay request an altern ate bargaining unit m em ber be released from duty during the desired
tim e.
6.4 Rank and File. T he fo ur (4) m em bers of the U nion negotiating team shall be allowed to
participate in labor contra ct negotiation sessions w hile on duty w ith no loss of pay or
em olum ents, so long as the level of service rem ains intact. Any changes to either negotiating
team shall be done in w riting.
6.5 Fire Captains. T he three (3) Fire Captains shall be allowed to participate in labor contract
negotiation sessions w hile on duty w ith no loss of pay or em olum ents, so long as the level
of service rem ains intact. A ny changes to either negotiating team shall be done in writing.
7
6.6 If the needs of the service perm it, union representatives w ill be allow ed a reasonable period
of leave w ithout a loss in pay to conduct the representation of bargaining unit m em bers,
including attendance at V illage C ouncil m eetings, but such release shall not be
unr easonably denied. If because of the needs of the service, a Union representative cannot
be released at the tim e desired, the Union m ay request an altern ate representative be
released fr om duty during the desired tim e.
8
ARTICLE 7
DUES DEDUCTION
7.1 Effective im m ediately upon receipt of a w ritten authorization fo rm fr om an em ployee, the
V illage agrees, at no cost to the em ployee or U nion, to deduct regular union dues of such
em ployee fr om his paycheck and rem it such deductions to the duly elected Treasur er of the
U nion w ithin ten ( I 0) w orking days from the date of the deduction. The Union will notify
the V illage in w riting prior to any change in the regular union dues stru cture.
7.2 A n em ployee m ay, at any tim e, on fo rm s pro vided by the Union, revoke his union dues and
deduction and shall subm it such revocation fo rm to the Village w ith a copy of such
revocation fo rm to the U nion. T he V illage shall only stop union dues deductions on the
first pay period in each calendar m onth.
9
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 their probationary period. At the discretion of the Fire Chief, an employee's initial
probationary period may be reduced to twelve ( 12) 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 they have completed a minimum
of one (I) year of service. In the event of an extraordinary circumstance, the Fire Chief may,
at their 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.
10
ARTICLE 9
DISCIPLINARY PROCEDURES
9.1 N on-pro bationary em ployees w ill only be disciplined or discharged fo r just cause in a
pro gressive m anner, except in cases of gro ss m isconduct w hich may result in im m ediate
discharge. In each case a w ritten statem ent indicating the prefe rred charges and the reasons
fo r such action shall be presented to the em ployee being disciplined.
9.2 D isciplinary actions taken w ill be fa ir and consistent w ith other such actions taken by the
D epart m ent under sim ilar circum stances, utilizing the Rules and Regulations of the Fire
R escue D epartm ent.
9.3 D isciplinary actions involving term inations of em ploym ent, dem otions and unpaid
suspensions of m ore than 24 hour s are subject to binding arbitration if the grievance is not
resolved at Step 3 of the grievance pro cedure contained in Article I 0. All other disciplinary
actions, incl uding w ritt en reprim ands, paid suspensions and unpaid suspensions of24 hours
or less, are only grievable thro ugh Step 3 of the grievance pro cedure contained in Article
IO and are not subject to binding arbitra tion.
9.4 D uring the term of this A greem ent, all com plaints, reprim ands, or other records of
disciplinary action against each em ployee w hich are reduced to writing and placed in the
em ployee's personnel fi le, shall be duplicated and a copy sent to the em ployee. The
em ployee shall have the right to enter a response to the disciplinary action into their
personnel file. Failure to confo rm to the pro visions of this articl e shall render the
discip line/discharge null and void.
11
9.5 In disciplinary cases involving the possibility of a discharge, suspension or reduction in
ra nk, a pre-determ ination m eeting befo re the Village M anager shall be held to review the
charges prior to the im position of such discipline or discharge. At least 5 (five) days prior
to the date of the m eeting, the em ployee and the U nion shall be notified in writing of the
charges, tim e, date and place of the meeting. The em ployee shall have the right to be
accom panied and represented by a U nion representative and/or legal counsel.
9.6 T he V illage agrees that, fo r discipline received prior to ratification of this Agreem ent, it
w ill not rely on, refer to, or intro duce during an arbitra tion hearing, any disciplinary action
in the Em ployee's file that occurred more than three (3) years prior to the date on which
the incident occurred that gives rise to the V illage's disciplinary decision. Any discipline
received after ra tifi cation of this A greem ent m ay be relied on, referred to, or introduced
dur ing an arbitra tion hearing on the cur rent disciplinary decision.
12
A R T I C L E 10
GRIEVANCE PROCEDURE
I 0.1 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 ten ( I 0) calendar days of the incident, discuss and
explain their complaint or grievance orally with their immediate supervisor, who may
call higher level supervision into the discussion in an effort to achieve a prompt
satisfactory adjustment. To assist in clarifying and documenting the discussion, the
grievant shall place the grievance in writing. The immediate supervisor will make a
decision and notify the grievant within ten ( I 0) calendar days after the discussion with
the employee.
The supervisor will immediately make their immediate supervisor aware of the
grievance. In cases where the grievance involves the immediate supervisor, the
grievant shall instead call on their supervisor's immediate supervisor.
Step 2: If the grievant feels the matter has not been settled or adjusted to their
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 ten ( I 0) calendar
days 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.
13
• The allegation of the specific complaint, and the harm done or that wi II be done
because of such action.
• A statement of the adjustment or remedy being sought.
The Fire Chief or designee will schedule a meeting with the employee within ten ( l 0)
calendar days after receiving the grievance. If the matter is not resolved at this meeting,
the Fire Chief or designee shall give his written answer within ten ( l 0) calendar days after
the scheduled meeting. The meeting will be limited to the individual employee, a union
representative, and the Fire Chief or designee.
~: If the grievance is not resolved to the employee's satisfaction by the decision of the
Fire Chief or his designee, he/she may appeal in writing to the Village Manager or their
designee within ten (l 0) calendar days. The Village Manager shall schedule a meeting with
the grievant and others, within ten ( I 0) calendar days and render their decision in writing
within ten ( I 0) calendar days thereafter.
~: If the grievance is not resolved to the employee's satisfaction by the Village
Manager, he/she may request a review by an impartial arbitrator no later than twenty-one
(21) calendar days after the response is due in Step 3 of the Grievance Procedure.
Disciplinary actions involving terminations of employment, demotions and unpaid
suspensions of more than 24 hours are the only disciplinary actions subject to binding
arbitration if the grievance is not resolved at Step 3. All other disciplinary actions,
including written reprimands, paid suspensions and unpaid suspensions of 24 hours or less,
are only grievable through Step 3 and are not subject to binding arbitration. The involved
parties will attempt to mutually agree upon an independent arbitrator. If the parties fail to
14
select an arbitrator, the Federal Mediation and Conciliation Service shall be requested by
the Union for a panel of seven (7) arbitrators to be submitted for the selection of a single
arbitrator by the parties. The selection process should take no more than fifteen ( 15)
calendar days after the list is received by both parties. The selection of an arbitrator off the
list shall be done by the "striking" method with the parties agreeing amongst themselves
who will strike first. After this is done, the arbitrator shall confine their decision to the
particular matter thus specified and will have no jurisdiction beyond that. When the parties
are unable to agree, the arbitrator shall decide the issue or issues to be arbitrated. Each
party shall bear the expense of its own witnesses, representatives and transcripts. The
parties sh al I bear equally the expense of the impartial arbitrator.
Copies of the award of the arbitration shall be furnished to both parties within thirty (30)
calendar days of the hearing insofar as is practicable and shall be final and binding on both
parties. Failure on the part of the Immediate Supervisor, Fire Chief, or Village Manager,
to answer within the time limit provided in any step will enable the grievant to advance the
grievance to the next step.
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ARTICLE 11
SENIORITY
11.1 Seniority shall be defi ned as the length of em ploym ent w ithin the Fire Rescue
D epartm ent.
D epartm ental seniority shall accru e as of the first day of em ploym ent or transfer into the
Fire R escue D epartm ent. T he V illage agrees to continue recognizing dual em ploym ent
seniority (i.e., prior V illage em ploym ent in a different capacity than that of any bargaining
unit position as listed in A rticle I) w ithin the V illage fo r pur poses of longevity pay only.
11.2 Fire R escue D epartm ent seniority shall accum ulate during absences because of illness,
injury, vacation or other authorized leave.
11.3 Fire R escue D epartm ent seniority shall be bro ken w hen an em ployee voluntarily
term inates, is discharged fo r cause or is the recipient of disciplinary action resulting in a
no-pay status fo r a period of longer than tw enty-fo ur (24) hours.
11.4 T he V illage shall post a Fire R escue Departm ent seniority list (the "Seniority List") in the
Fire Station during the m onth of A ugust of each year. If any em ployee believes that the
seniority date listed on the Seniority List is not accura te, he/she m ay file a request in writing
w ith the Fire C hief and/or designee w ithin fifteen ( 15) calendar days of the posting of the
Seniority List to have their seniority date review ed. Such requests shall be review ed w ithin
fifteen (15) calendar days and if the em ployee's seniority date is revised a new Seniority
List shall be posted, w hich shall be the Seniority List used during that fiscal year. If no
requests to review the Seniority List are m ade w ithin the tim e period pro vided herein, the
Seniority List shall be the list used during that fiscal year.
16
11.5 A ll "R " days w ill be chosen in the fo llow ing order: I st C aptain by tim e in gra de, 2nd
Lieutenant, by tim e in gra de, all other shift personnel by date of hire seniority.
11.6 V acation days w ill be chosen in the fo llow ing order: I st C aptain by tim e in gra de, 2nd
Lieutenant by tim e in gra de, 3rd D river Engineers by their D.E. list seniority, and all other
shift personnel by date of hire seniority.
I I . 7 Bid Process
T he fi ll ing of openings w ithin Key Biscayne Fire Rescue Departm ent shall be
accom plished using qualifi cations and seniority as outlined w ithin this agreem ent. If
positions are not specifi cally covered by this agreem ent, or if new positions are created,
the parties w ill m eet to establish the bidding pro cedure and qualifications.
11.7.1 Eligibility to Bid
Firefi ghters, D river Engineers, Lieutenants and Captains shall have the right to bid fo r
open positions.
11. 7.2 Seniority
Seniority used in bidding fo r open positions shall be determ ined as specified:
(a) C aptains - tim e in gra de
(b) Lieutenants - tim e in gra de
(c) D river Engineer- ra nking according to D.E. seniority list
( d) Firefi ghters - hire date seniority
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11.7.3 Openings
(a) T he Deputy Fire Chief w ill notify the bargaining unit w ithin fifteen (15)
calendar days w hen there is any vacancy to be filled based on the table of
organization.
(b) A ll vacant bargaining unit positions to be filled shall be advertised by
O ffi cial M em o w ithin fifteen ( 15) calendar days of the vacancy.
(c) M em bers shall be given seven (7) calendar days from the date of the offi cial
m em o to bid fo r a vacant advertised assignm ent. Bids m ay be subm itted
via E-M ail or Inter-O ffice m em ora ndum to the Deputy Fire Chief.
( d) T he person w ho bids fo r the vacant position w ith the highest seniority in
that classifi cation shall be aw arded the bid. If no one requests to fil l the
vacancy, that vacancy is filled thro ugh the pro m otion pro cess or new hire
pro cedure.
(e) T he position becom es officially vacated w hen the person holding that
position:
• R etires
• Bids off that position and or shift
• Pro m otion
• T erm ination
(t) T he V illage retains the right to m ove personnel according to reverse
seniority up to a m axim um of 6 months fo r the sole purpose of ro tation of
pro bationary personnel.
l l.8 Fo r the pur poses of pro m otional exam s, Seniority points of .5 or½ w ill be added to all
final scores fo r each fu ll year of em ployee service after five years, .5 points per year up to
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5 po in ts. Fo r ex am p le:
• 6 years of com pleted service equals 0.5 seniority points.
• 7 years of com p leted service equals l seniority point.
• 15 years of com p leted service equals 5 seniority points.
19
ARTICLE 12
HOLIDAYS
12.1 All employees, including probationary employees, shall enjoy the following twelve
( 12) set holidays per year:
• New Year's Day (January I st)
• Martin Luther King's Birthday (Third Monday of January)
• President's Day (Third Monday of February)
• Memorial Day (Last Monday of May)
• Juneteenth (June 19th)
• Independence Day (July 4th)
• Labor Day (First Monday of September)
• Columbus Day (Whenever designated)
• Veteran's Day (November I Ith)
• Thanksgiving Day (Whenever designated)
• The Friday Following Thanksgiving
• Christmas Day (December 25th)
12.2 In Year 1 and Year 2 of this Agreement, employees (whether they are on or off
duty on a holiday) shall not receive eight (8) hours of pay or banked holiday time
for a holiday.
12.3 It is agreed and understood that employees shall receive premium pay for work
performed on a holiday, which shall be calculated as one-half of the actual time
worked on the holiday in Year 1 and Year 2 of this Agreement. For example, a
shift employee who works an eight (8) hour shift on which the holiday occurs shall
20
receive four (4) additional hours as premium pay and a shift employee who works
a sixteen ( 16) hour shift on which the holiday occurs shall receive eight (8)
additional hours as premium pay. The premium pay for work performed on a
holiday may not be banked.
12.4 In Year 3 of this Agreement, if an employee actually works on the holiday, they
shall receive pay at double their regular hourly rate for all hours worked on the
holiday. Employees who do not work on the holiday shall receive eight (8) hours
of straight pay.
12.4.1 Employees working during a holiday in which they are not regularly
scheduled to work shall receive double their regular hourly rate of pay for
the duration in which they are actually working and straight pay for the
remainder of the eight (8) hours.
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A R T I C L E 13
SICK LEAVE
13.1 Sick leave is earned from the date of employment as a full-time employee.
13.2 Sick leave shall not be granted in advance of the leave entitlement actually being accrued.
13.3 Sick leave is to be only utilized for valid personal illness or medical treatments, unless
otherwise specified herein.
13.4 Each full-time employee assigned to work a forty (40) hour work week shall accrue ten
( I 0) hours of sick leave for each month worked.
13.5 Each full-time employee assigned to work forty-eight ( 48) hour work weeks shall accrue
twelve ( 12) hours of sick leave for each month worked.
13.6 In order to be granted sick leave with pay, an employee must meet the following
conditions:
(a) In the event the employee is seeking to utilize sick leave they shall notify the on
duty shift commander.
(b) In the event an employee is aware in advance that sick leave usage is needed, it
shall be the duty of the employee to notify, in writing, the Fire Chief or designee as
far in advance as is practicable of the anticipated time and duration of the
anticipated sick leave usage, the reason for requesting such sick leave and medical
certification that the employee will be unable to perform their normal work
function. Employees will be required to begin using sick leave on the date after
which their doctor certifies that they are medically unable to perform their normal
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duties. A n em ployee on sick leave is required to notify the Fire Chief or designee
at the earliest possible tim e of the anticipated length of absence and of the day
he/she is able to resum e their norm al duties.
(c) Perm it such m edical exam ination, offi cial visitor inquiry w hich the Village of Key
B iscayne Fire R escue Departm ent deem s desira ble.
( d) File a w ritt en request fo r such sick leave usage on the fo rm and in the m anner
prescribed and if the sick leave usage w as unfo reseen, im m ediately upon their
return to w ork.
(e) Fire R escue Departm ent em ployees w ho are absent fo r m ore than tw o (2) shifts,
w ith the exclusion of contiguous vacation and/or "R " days, will be required, when
requested by the Fire C hief or designated representative, to subm it a m edical
certifi cate, signed by a physician stating the kind and nature of the sickness or
injury, that the em ployee has been incapacitated fo r work fo r the period of absence
and that he/she is again physically able to perfo rm their duties.
(t) Evidence of abuse of sick leave shall constitute gro unds fo r disciplinary action, up
to and including dism issal, as recom m ended by the Fire Chief.
13 .7 Em ployees w ith over 480 hours of banked sick leave m ay convert sick leave to vacation
leave once per year so long as they m aintain at least 480 hours of sick leave in their banks
at all tim es, subject to a m axim um conversion of 144 hours/year. The rate of conversion
fr om sick to vacation leave w ill be as fo llow s:
ill em ployees w ho use 3 days or less of sick leave in the prior year can covert at I 00%
ra te (i.e., IO hours of sick leave converts to IO hours of vacation leave);
(ill em ployees w ho use 4 days of sick leave in the prior year can convert at 75% rate (i.e.,
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IO hours of sick leave converts to 7 .5 hours of vacation leave); and
ilii) em ployees who use 5 or more days of sick leave in the prior year can convert at 50%
rate (i.e., IO hours of sick leave converts to 5 hours of vacation leave).
This sick leave conversion pro vision will be utilized by the Village on a trial basis for FY
2019 and the Village reserves the right to discontinue this pro gra m im m ediately after that
year without bargaining with the Union if the progra m has an adverse fiscal im pact on the
Village. In that case, the Village shall notify the Union of the adverse fiscal im pact and the
Union shall have the right to request to reopen this Article to negotiate the
im plem entation of a modified conversion pro gra m .
13.8 Upon separation of em ploym ent from the Village, an em ployee shall receive 10% of their
accru ed sick leave per year of service up to a maxim um of one hundred percent ( 100%) of
their accru ed sick leave up to 480 hour s at the em ployee's avera ge hourly base rate of pay
during their em ploym ent with the Village. Fo r exam ple, if the em ployee has 5 years of
service when he/she separa tes from service and has 700 hour s of accru ed sick leave, he/she
shall receive paym ent for 240 hours (50% x 480 hours).
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A R T I C L E 1 4
V A C A T I O N L E A V E
14 .1 Full-tim e V illage of Key B iscayne Fire Rescue D epartm ent em ployees w ill
accum ulate annual vacation leave at the fo llow ing hourly rates, based upon their
individual years of service to the V illage:
(a) Betw een zero (0) and fo ur (4) years of em ploym ent - 96 hours;
(b) A fter fo ur (4) years of em ploym ent - 144 hours;
( c) A fter eight (8) years of em ploym ent - 192 hour s.
14 .2 V acation leave w ill be calculated and accru ed from the date of established fu ll-tim e
em ploym ent w ith the V illage of Key Biscayne Fire Rescue Departm ent.
14 .3 V acation leave shall be scheduled and charged to the em ployee fo r actual tim e aw ay
fr om w ork and m ay be charged in hourly increm ents.
14 .4 V acation leave m ay be used to supplem ent sick leave due to sickness or injury only
after the sick leave has been fu lly exhausted and appro val is sought and gra nted by
the Fire C hief.
14 .5 T he Fire C hief or designee w ill arra nge vacation leave schedules based upon
seniority m ra nk and reallocate rem aining duties on such a basis as to cause
m inim um interference w ith the norm al functions and opera tions of the Fire Rescue
D epartm ent.
14 .6 V acation leave m ay be taken only after appro val by the Fire C hief or designated
representative. Fire R escue D epartm ent em ployees shall be encoura ged to take at
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le ast fo u r ( 4) to u rs of duty of vacation leave per calendar year. R equests fo r
va catio n leave sha ll be su bm itt ed to the Fire C hief or designee in w riting thro ugh
the ap p ro p riate sup erv isory chain of com m and .
14 .7 V acatio n leav e m ay be used only as earn ed and vacation leave, w ith pay, shall not
be allo w ed in ad v ance of being earn ed.
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ARTICLE 15
LEAVES OF ABSENCE
15. I Personal Days. Em ployees shat I receive tw o 12-hour personal days per year. Personal
days cannot be carried over fr om year to year and are not to be paid upon separation from
em ploym ent.
15 .2 Compensatory Leave.
15 .2.1 T he decision to accept com pensatory tim e in lieu of earn ed overtim e
pay w ill be requested by the em ployee w ith the appro val of the Fire Chief not to exceed a
m axim um of three hundred and sixty (360) hours of accru ed com pensatory tim e as established
by the V illage M anager. T he V illage in its sole discretion m ay pay out com pensatory tim e to
em ployees prior to the end of the fiscal year at the em ployees' ra te of pay at the tim e, pro vided
the em ployees w ill be allow ed to ro ll-over tw enty-fo ur (24) hours of com pensatory tim e per
fi scal year.
15 .2.2 T he V illage reserves the rights, under the Fair Labor Standards Act,
to insist upon cash com pensation fo r overt im e w orked and not offer the choice of com pensatory
tim e to its em ployees. H ow ever, it is understood the V illage m ay not insist that an em ployee
take com pensatory tim e off in lieu of paid overtim e.
15 .2.3 C om pensatory tim e accum ulations in lieu of overtim e paym ents
m ust be in the fo rm of a w ritt en agreem ent betw een the requesting em ployees and the Fire
C hief or designated representative. T he w ritt en agreem ent m ust be reached prior to the
perfo rm ance of the actual overt im e hours w orked.
15 .2.4 C om pensatory tim e w ill be paid out upon an em ployee's separation
fr om em ploym ent at the ra te of pay at the tim e of separa tion.
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15.3 Family and Medical Leave Act of 1993. The Village of Key Biscayne fully adopts the
Family Medical Leave Act of 1993 in its entirety for all Fire Rescue Department personnel.
t 5.4 Jury Duty.
15.4.1 Any employee covered by this contract, who is legally summoned to serve
on a jury, shall be granted time off without loss of straight time pay for reporting to jury duty
upon presentation to their supervisor of satisfactory evidence relating to jury duty. Fees paid
by the court shall be turned over to the Village excluding meals, parking and transportation
costs. Upon receipt of a check from the court, an employee shall endorse the check to the
Village and deliver the check to the Village's Finance Department.
15.4.2 When excused and/or released from such jury service, the employee shall
report for their regular employment. If the employee is selected to be involved as a juror in a
lengthy trial which exceeds a two (2) week period, they shall notify their immediate supervisor
so proper coverage can be arranged.
15.5 Bereavement Leave.
15.5.1 Employees who experience a death of any of the following family members
are entitled to have up to two (2) shifts (for shift employees) and up to five
(5) days (for 40-hour employees) of paid Bereavement Leave:
Spouse or registered domestic partner
Children
Parents
Siblings
Grandparents
Grandchildren
15.5.2 Employees who experience a death of any of the following family members
are entitled to have up to one (I) shift (for shift employees) and two (2) days (for 40-hour
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em p lo y ees) of pa id B e reavem en t L eave:
M o the r-in -law
F ath er-in -law
S ib lin g s of the em p loy ee's spouse
A u nts
U n cle s
M o ther of do m estic partn er
F ather of do m estic partner
15 .5 .3 L eave to att en d a fu nera l upon the death of som eone other than an above-
listed fa m ily m em b er m u st be ap p ro ved by the Fire C h ief or designee. A bsence fo r such a
d e ath is lim ited to one (I) sh ift (fo r sh ift em p loyees) and tw o (2) days (fo r 40-hour em ployees)
an d w ill be ch arged to leave, as ap plicable; otherw ise, if such leave is not available, the tim e
o ff w ill be un p a id .
15 .5 .4 U n p aid bereavem ent leave extensions m ay only be gra nted by the Fire C hief
o r d e sig n ated rep resentativ e un d er sp ecial circum stances. Pro of of death m ay be requested fo r
be rea ve m ent leave elig ib ility to becom e effectuated.
15 .6 Military Leave.
15.6.1 All leaves of absences for military services shall be in accordance with all
state and federal laws, including, but not limited to, Chapter 115, Florida Statutes, and the
Uniformed Services Employment and Reemployment Rights Act.
15.7 Leave of Absence without Pay.
15.7.1 A regular Fire Rescue Department employee may be granted leave of
absence without pay for sickness, disability or other good and sufficient reasons which are
considered to be in the best interest of the Village and the employee.
15.7.2 The Fire Chief or designated representative may authorize up to thirty (30)
calendar days leave without pay to an employee.
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15 .7.3
one (I) year.
15 .7.4
T he V illage M anager m ay authorize additional leave w ithout pay fo r up to
Fire R escue D epartm ent em ployees on leave without pay m ay not work fo r
another em ployer during their leave unless such em ploym ent is part of the purpose of the leave.
For exam ple, intern ships as part of an education pro gra m . The determ ination of appro priate
em ploym ent w hile on leave w ithout pay shall rest solely w ith the Village M anager.
15 .7.5 In the case of a request fo r an unpaid leave of absence due to a pro longed
illness or disability due to injury, such request m ust be accom panied by a physician's certificate
identifying the illness or injury, explaining w hy the leave is needed, estim ating how long the
illness or disability due to injury w ill continue and w ill fo llow the regulation dealing with
Fam ily and M edical Leave pro visions.
15 .7.6 A Fire Rescue Departm ent em ployee on an unpaid leave of absence shall,
if he/she so desires, be perm itt ed to m ake their ow n and the V illage's regular contributions to
the insura nce benefi ts.
15 .8 Sell Back of Accrued Leave. Bargaining unit em ployees m ay sell the Village accrued
vacation and/or com pensatory leave tim e as set fo rth below :
15 .8.1 Bargaining unit em ployees m ust subm it a w ritten request to sell back their
vacation and/or com pensatory tim e not later than M ay I of each year and w ill be paid out in
accordance w ith such w ritt en request in the first fu ll pay period of the fo llow ing October.
H ow ever, the V illage M anager m ay, in their sole discretion, allow em ployees to sell back
accru ed vacation and/or com pensatory tim e at other tim es during the year w here the bargaining
unit em ployee dem onstra tes financial hardship.
15 .9 Paid Parental Leave
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15.9.1 Paid Parental Leave shall be authorized in accordance w ith the Village Paid
Parental Leave Policy, to care fo r a new born , new ly-adopted m inor-aged child, or newly placed
m inor-aged fo ster child or children fo r up to six (6) w eeks. Paid Parental Leave is subject to
revisions of the V illage Paid Parental Leave Policy.
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ARTICLE 16
INTEGRITY OF THE FIRE RESCUE DEPARTMENT
16.1 Should the Village decide to contract out, transfer, merge or consolidate the services
presently performed by the Fire Rescue Department, all rights and benefits guaranteed under
this contract for bargaining personnel shall be continued for the term of this Agreement.
16.2 Should the Village decide to contract out, transfer, merge or consolidate such services, the
Village shall notify the Union in writing at least forty-five (45) days before the Village's
decision becomes final. Within twenty (20) days from the receipt of the Village's notice,
the Union may seek to bargain the impact of the Village's decision to contract out, transfer,
merge or consolidate such services by making a written demand upon the Village. Should
the Union demand impact bargaining, the parties shall within fifteen ( 15) days from the
Village's receipt of the Union's demand, commence good faith impact bargaining. For
purposes of this Article, impact bargaining shall include alternatives to the Village's
proposed contracting out, transferring, merging or consolidating of services.
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ARTICLE 17
SEVERABILITY
17.1 Should any final decision of any Court of competent jurisdiction or administrative agency
or any federal, state or local legislation affect any practice or provision of this Agreement,
only the practices or provisions so affected shall become null and void, otherwise all other
provisions or practices under this Agreement shall remain in full force and effect.
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ARTICLE 18
ON THE JOB INJURY
18.1 All cases of injury occurring on the job shall be filed for action under the provisions of the
W orkers' Com pensation Law. Full-tim e em ployees with the Village of Key Biscayne Fire
Rescue Departm ent shall be entitled to receive their regular salary from the first day of
injury. The Village pays the difference between the Workers' Compensation check and
his/her regular salary. This shall apply to the first thirty (30) consecutive calendar days an
em ployee is off duty due to an injury com pensable under workers' compensation.
Thereafter, the em ployee m ay continue to receive fu ll pay by utilizing accrued sick leave,
annual leave, or other paid leaves to supplem ent the wage benefits he/she receives under
worker's com pensation. The Fire Chief or Village Manager may, in his/her sole discretion,
extend the initial period hereunder in additional thirty (30) day increments. The Village is
eligible to have an independent medical evaluation done on the injured employee at its own
expense. The injured em ployee m ust com ply with any such management request for an
independent m edical evaluation. Nothing in this Article shall preclude an employee from
having his/her ow n m edical evaluation done at his/her own expense.
18.2 In determ ining on-the-job injury, the Village and the Union agree to all provisions of Section
112.18 and 112.181 of the Florida Statutes in effect at the time of the signing of this
Agreem ent. Com pensated tim e off will continue to accru e during the period of disability
due to on-the-job injury. Any condition or im pairment of health caused by Acquired
Im m une Deficiency Syndro m e (AID S) shall be presum ed to have been accidental.
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18 .3 T h e V ill a g e m ay dism iss fo r ju st cause any em p loyee fo und to be fr audu lently claim ing
w o rk ers' co m pensatio n benefi ts und er the ap p lica ble state law s.
3 5
A R T I C L E 1 9
H O U R S O F W O R K
19 .1 Shift Employees
a. It is agreed to and acknow ledged by the parties that shift em ployees are 207(k)
exem pt em ployees fo r the purpose of the Fair Labor Standards A ct.
b. T he w ork period fo r shift em ployees is tw enty-one (21) calendar days. This should
not be confu sed w ith an em ployee's payro ll period or tour of duty as set fo rth below .
c. Shift em ployees w ork 24-hour w orkdays fo llow ed by 48 hours off. The beginning
and ending hours fo r each shift shall be 0730 to 0730. A day off, know n as an "R "
day, shall be gra nted once every seven (7) scheduled tour s, pro vided that the
em ployee has not changed shifts or his/her "R " day. T his schedule w ill result in a
shift em ployee w orking 144 scheduled hours in every tw enty-one (21) day w ork
period. T his calculation has been based on a Friday C -shift start. A ny changes in
this schedule shall be subject to negotiations betw een the parties.
d. T he payro ll period shall consist of six (6) w eeks w ith three (3) bi-w eekly dra w s
encom passing tw o (2) w ork periods of tw enty-one (21) days each. W hen a shift
em ployee w orks his/her norm al schedule (144 hours in 21 days), he/she w ill receive
a dra w of 96 hours pay in each bi-w eekly pay period. A ccordingly, shift em ployees
w ho w ork their norm al schedules w ill be paid fo r a total of 288 hours of w ork in
each six (6) w eek pay period.
e. A n em ployee m ay be assigned to w ork other than the 24/48-hour shift w hen
m utually agreed upon by the Fire C hief and em ployee.
f. H ours of w ork shall not exceed sixty (60) continuous hour s, including the
em ployee's regular shift.
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g . T here sha ll be a m in im u m of tw elv e ( 12 ) hours recovery tim e betw een shifts befo re
re po rtin g back to w o rk . E x cep tion s to th is m ay be m ade by either the Fire C hief or
d e sig n ated rep resen tativ e.
19 .2 Non-Shift Employees
a. The work period for non-shift employees is seven (7) days.
b. Non-shift employees work four ( 4) ten ( 10) hour days or five (5) eight (8) hour days
per work period. Any changes in the work schedule of non-shift employees will be
at the discretion of the Fire Chief or designated representative.
c. The payroll period consists of bi-weekly draws, encompassing two (2) work periods
of seven days each. When a non-shift employee works his/her normal work
schedule he/she will be paid for a total of 80 hours in a two-week period.
d. Personnel that are put on special assignment with a 40-hour work week will receive
a 5% incentive in pay.
19.3 e. Non-shift employees shall be eligible to be on the overtime list for 24 hour shift duties
and shall be paid at the overtime rate for that shift provided that they complete their normal
40 hour shift.
37
ARTICLE 20
SHIFT EXCHANGE
20.1 Employees shall have the right to exchange shifts only under the following circumstances:
(a) Employees m ay exchange time but in no event will an exchange of time result in
the employee working more than sixty (60) hour s.
(b) Trading of time may be done voluntarily by the employees.
(c) The Village will not incur any overtime obligations as a result of a voluntary shift
change;and
(d) The Village will incur no liability fo r purposes of administering these voluntary
shift exchanges.
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ARTICLE 21
PERSONNEL ALLOCATION
21.1 The Village agrees to provide minimum safe staffing for firefighting apparatus in active
service. Each apparatus as defined below will be staffed with a minimum of one officer.
In order to provide a minimum level of safety to personnel in the bargaining unit, apparatus
in service shall be staffed with no less than:
(a) Four (4) persons per aerial unit;
(b) Four (4) persons per quint unit;
(c) Four (4) persons per pumper unit;
(d) Three (3) persons per rescue unit; and
(e) Two (2) persons per squad unit*
* Two persons per squad truck may only be used for third EMS calls or third non-suppression
calls.
21.2 There shall be either a Fire Captain or Acting Fire Captain on duty at all times during the
life of this Agreement.
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ARTICLE 22
HEALTH AND LIFE INSURANCE COVERAGE
22.1 Medical Insurance Coverage - The Village shall pay the following amounts towards the cost
of employee health insurance:
• Employee-only coverage: For an employee who selects employee-only coverage,
the Village shall contribute one hundred percent (100%) of the cost of the
basic plan offered by the Village. If an employee wishes to participate in the
higher cost coverage provided by the Village, the employee will be responsible
for paying the difference in cost between the two plans, which shall be
deducted on a pro rata basis from the employee's pay checks.
• Dependent coverage: For an employee who selects any type of dependent
coverage (children, spouse, family, etc.), the Village shall contribute 75% of the
difference in total cost between the individual premium for the basic plan and the
basic plan premium selected by the employee for such coverage. For example,
if the monthly premium cost for individual coverage is $600.00 and the monthly
premium cost of family coverage is $1,000.00, an employee selecting family
coverage will be required to contribute 25% of $400.00 ($100.00). This
contribution will be deducted on a pro rata basis from the employee's pay checks.
22.2 Bargaining unit members who participate in the Village's health insurance plans shall be
subject to all the deductibles, co-payments and other terms and conditions of those plans.
22.3 Nothing in this Agreement shall prohibit the Village, at its sole discretion, from changing
medical and/or life insurance carriers, the types of health and/or life insurance plans
offered, the level of benefits offered by such plans and/or any other condition relating to
such coverage.
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22 .4 L ife In su ra n ce C o vera g e - E ach em p lo yee is entitled to have life insura nce covera ge paid
fo r b y the V ill a g e in the am o u n t eq u al to tw o (2) tim es the em p loyee's annual salary.
2 2 .5 E m p lo y e e s m ay pu rchase su p p lem ental in sura nce covera ge beyond that w hich is pro vided
by th e V ill a g e, at their ow n ex pen se. E x am ples of such supplem ental insura nce are life,
d e n ta l, op tica l an d cafeteria typ e in sura n ce plans.
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ARTICLE 23
VACANCIES AND PROMOTIONS
23.1 When a classified permanent promotional vacancy occurs in any position, it shall be filled
within a reasonable period of time after the official severance of the vacating Fire Rescue
Department member.
23.2 All vacancies for Rank and File members shall be filled utilizing a Rule of Two from the
promotional register in effect at the time the vacancy occurs. If a promotional register is
not in effect, vacancies will be filled from the next promotional register.
23.3 All vacancies for Fire Captains shall be filled utilizing a Rule of Two from the promotional
register in effect at the time the vacancy occurs. If a promotional register is not in effect,
vacancies will be filled from the next promotional register.
23.4 The effective date of a promotion shall be the date the employee is promoted and the
promoted employee shall begin to receive their new promoted rate of pay on the actual date
of their promotion.
23.5 This provision shall not apply when a freeze is declared by the Village Council or the
position is abolished. Once a freeze is lifted, vacancies shall be filled as outlined above.
23.6 The Fire Rescue Department Book Review Committee will be made up of a minimum of
three certified firefighters chosen by the Fire Chief, with at least one being a Union
representative. The Book Review Committee shall meet and discuss the books, materials,
42
sc o rin g p ro ced u res, w eig hts of bo o k s, etc. to be used in the pro m otional exam ination.
T estin g , bo th w ritt en and beh av io ra l assessm ents shall be based upon w ritt en m aterials (e.g.
bo o k s, S O G 's, etc.) id entifi ed to th e test can didates.
2 3 .7 A ll p ro m o tio n a l reg isters sha ll rem ain in effect fo r a period of tw o (2) years fr om the date
th e reg ister beco m es effectiv e, un less the register is exhausted .
2 3 .8 In th e ev e nt of a tie on the pro m otio nal register, the tie w ill be bro ken fir st by ra nk seniority
an d th e n by D ep artm en ta l sen io rity .
23 .9 T h e stu d y m ateria ls ad o p ted by the F ire R escu e D epartm ent B ook R eview C om m itt ee w ill
b e po sted no le ss than nin ety (9 0 ) days prio r to the actual exam ination.
2 3 .10 A ll bo o k s, testin g m a teria ls, and any classes req uired fo r the afo rem entioned pro m otional
ex a m (s) w ill b e su p p lied and /o r paid fo r by the V illage. If the em ployee fa ils to take the
fi rst av a ila b le pro m o tio n al ex am (s) that they are elig ible fo r, the em p loyee w ill be required
to reim b u rse th e V ill a g e fo r the co st of an y such bo oks, testing m aterials and/or class w ithin
fo u r (4 ) w eek s o f the da te on w h ich the E m ploy ee fa ils to take such pro m otional exam ;
p ro v id ed , ho w ev e r, that the V illag e M anag er m ay in his/her so le discretion w aive the
V illa g e 's rig ht to req uest reim b u rsem ent fr om such em ployee.
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ARTICLE 24
PHYSICAL AND SUBSTANCE ABUSE EXAMINATIONS
24.1 The V illage of Key Biscayne, Florida, strives to provide a safe, healthful and productive
work enviro nm ent for its em ployees and adopts a zero tolerance for substance and alcohol
abuse in the workplace.
24.2 The Village, as part of its m edical exam ination pro cess during pre-employment physicals,
during a fitness for duty exam ination of an em ployee who is experiencing job performance
pro blem s and after the occurrence of a preventable accident may require the employee to
subm it to substance and alcohol abuse testing. All employees will also be sent for annual
dru g and alc ohol tests.
24.3 The V illage shall pro vide a voluntary annual physical examination to all employees. Any
em ployee wishing to participate in a physical examination provided by the Village must inform the
Village by M ay I st of that year and schedule his/her physical between October I st of that year and
Febru ary I st of the fo llowing year. Upon the employee's request, a Stress Test may be part of the
physical exam ination.
24.4 The Village reserves the right to random ly perform substance abuse and alcohol abuse
testing on any pro bationary m em ber of the bargaining unit regardless of rank, employees
with less than one hundred forty four ( 144) hour s of total accumulated sick time, employees
utilizing sick tim e m ore than five (5) tim es in a twelve (12) month period, any employee
using sick leave contiguous to the use of other leave entitlements including "R" days more
than tw ice in a twelve ( 12) m onth period; and when a Fire Rescue Department supervisor
44
rea so n a b ly su sp ects an em p lo y ee to be un d er the infl uence of an ill icit narcotic substance
o r alc o h o l in the w o rk p la ce .
2 4 .5 T h e m in im u m cu toff detectio n levels fo r each drug or m etabolite of such dru g and alcohol
listed b e lo w sha ll be tho se estab lished by the A gency fo r H ealth C are A dm in istra tion, as
am e n d ed fr o m tim e to tim e . A po sitive resu lt shall be a concentra tio n in excess of the
m in im u m cutoff leve ls.
Initial Test Level <n2/Ml}(Urine} Confirmation Test Level
Marijuana (Cannabinoids)
Cocaine
Opiates (Heroin, Morphine, Codeine)
Phencyclicline (PCP)
Amphetamines
Methaqualone
Methadone
Propoxyphene
Barbiturates
Benzodiazepines
Morphine
Alcohol (Ethanol)
50
300
2000
25
1000
300
300
300
300
300
2000
0. 04g/Dl (blood)
15
150
2000
25
500
150
150
150
150
150
15 (6-Acetylmorphine)
0.04d/Dl
45
2 4 .6 A n a ly s is o f s p e c im e n s w ill b e p e rfo rm e d o n ly by la b o ra to rie s lic e n sed o r ce rtifi ed b y th e
S ta te o f F lo rid a , A g e n c y fo r H e a lth C a re A d m in istra tio n (A H C A ) o r th e F e d era l S u b stan ce
A b u s e an d M e n ta l H e a lth S e rv ic e s A d m in istra tio n (S A M H S A ), utiliz in g q u a lifi e d sites
a n d e m p lo y in g co lle c to rs tra in e d to fo llo w au th o riz e d co ll ectio n p ro to co ls an d p ro p erl y
m a in ta in le g a l sp e c im e n c h a in -o f-c u sto d y .
2 4 .7 A C e rtifi e d M e d ic a l R e v ie w O ffi c e r (M R O ) sh a ll rev ie w all neg a tiv e an d co n fir m ed
p o s itiv e la b o ra to ry re p o rts . C o n fi rm e d p o sitiv e resu lts sh a ll o n ly be rep o rted to th e V ill a g e
a fte r th e M R O h a s a s c e rta in e d th a t p e rso n a l p resc rip tio n s o r o th e r le g a l su b stan ce s d o no t
a c c o u n t fo r th e la b o ra to ry fi n d in g s. In v e stig a tio n s m a y in cl u d e , as ap p ro p ria te, te le p h o n e
c o n ta c t w ith th e em p lo y e e a n d an y p re sc rib in g p h y sic ia n s. E m p lo y e e s m a y co n su lt th e
V ill a g e a p p o in te d M e d ic a l R e v ie w O ffi c e r co n c e rn in g d ru g s an d /o r d ru g g ro u p s th at m ay ,
be tested for under this policy.
24.8 All positive initial tests shall be confirmed using gas chromatography/mass spectrometry
(GC/MS) or an equivalent or more accurate scientifically accepted method. A confirmed
positive testing employee will be given a Notice of Positive Drug Test Result letter
containing both, the laboratory and Medical Review Officer's telephone numbers as well
as pertinent information concerning the drug test result challenge/ appeal process. Within
five (5) working days of receiving written notice of a confirmed positive test result which
has been verified, employees may submit to the Village and/or Medical Review Officer
explaining or contesting the test results. If the Village disagrees with the employee's
position, within fifteen ( 15) days ofreceipt of a formal challenge of test results, the Village
will respond. If the employee wishes to maintain the challenge, within thirty (30) days of
46
rece ip t o f the V ill a g e's w ritt en resp o n se, the em p lo yee m ay appeal to a C ourt of com petent
ju risd ic tio n and /o r a Ju d g e of C o m p ensation C la im s (if a w orkplace injury has occurred).
U p o n in itia tin g a cha llen g e, it sh all also be the em ployee's responsibility to notify the
testin g la bo ra tory w h ich m u st retain the sp ecim en until the case is sett led.
24 .9 A ll in fo rm atio n , in c lu d in g in terv iew s, rep orts, statem ents, m em ora nda, and drug test
resu lts, w ritten o r otherw ise, receiv ed by the V illage, dru g testing labora tories, M edical
R ev ie w O ffi cer, E m p lo y ee A ssistance P ro g ra m dru g and alcoho l rehabilitation pro viders,
an d th e ir ag ents w ho receiv e or have access to info rm ation concern ing dru g test results
o rig in a tin g fr om testin g perfo rm ed in conjunction w ith this Po licy, is to be treated as
co n fi d e ntia l. S u ch info rm atio n m ay no t be used or received in evidence, obtained in
d isco v ery , o r disc lo sed in any pu b lic or priv ate pro ceedings unless release, including
co n su lta tio n w ith le g al co u n se l, is req u ired to defend related civil or adm inistra tive m att ers
su ch as d eterm in in g , co m p ensab ility un d er C h apter 440, Fl o rida Statutes, or unless such
relea se is co m p e lle d by a hearin g offi cer or court of com petent jurisd ictio n pursuant to an
ap p e a l tak en u nd er th is sectio n , or un less deem ed appro priate by a pro fessional or
o cc u p atio na l licen sin g bo ard in a related discharge pro ceed ing . R elease of such
in fo rm a tio n un d er any circu m stances other than as set fo rth herein above, shall be pursuant
to a w ritt en co n sen t fo rm sig ned vo lu ntarily by the person tested . Info rm ation on dru g test
resu lts sha ll no t b e rele ased or used in an y crim in a l pro ceed ing against the em p loyee or job
ap p lic a n t and if released co n tra ry to th is section , the info rm ation shall be inadm issible as
ev id e n ce in any su ch crim in a l pro ceed ing .
47
2 4 .1 0 N o th in g in th is Z e ro T o le ra n ce S u b stan ce an d A lco h o l A b u se P o licy is intend ed to pro h ibit
th e p re sc rib e d u se o f leg all y o b ta in e d m ed icatio n s w h ich m ay contain contro lled
su b sta n c e s w ith in th e D ru g s o r D ru g G ro u p s tested fo r in th is policy . B ecause of
p o te n tia lly im p a irin g sid e -e ffects w h ic h co u ld end ang er the em p lo y ee, cow orkers, or the
p u b lic , u p o n b e in g p re sc rib ed su c h m ed icatio n s all em p lo y ees hav e a duty to contact the
M e d ic a l R ev ie w O ffi c e r befo re th ey rep o rt to w o rk . T he M ed ical R ev iew O ffi cer w ill
d e te rm in e w h ic h d u tie s (if an y ) th e em p lo y ee m a y perfo rm w h ile taking the im pairing or
p o te n tia ll y im p a irin g m e d ic atio n (s) an d w ill so notify the F ire C h ief or designee. If the
co n te n ts o r im p a irin g effects o f p resc rib ed o r o v er-the-co u n ter m ed ications are not know n,
a c u rre n t listin g o f te ste d fo r d ru g s/d ru g g ro u p s d etailed by bra n d or com m on nam es w ill
b e g iv e n to ea c h em p lo y e e an d also po sted b y the V ill age.
2 4 .1 1 E m p lo y e e s m a y co n ta ct th e V ill a g e 's M ed ica l R ev iew O ffi cer to ask qu estio n s concern ing
p re s c rib e d m e d ic a tio n s th ey are ta k in g fo r cla rifi catio n purpo ses in v o lv in g fi tness fo r duty
as s e ss m e n ts .
2 4 .1 2 T o d isc o u ra g e th e u se an d /o r d istrib u tio n o f ill eg al dru g s or alco h o lic bev era ges in the
w o rk p la c e , u p o n rea so n a b le su sp ic io n , se arch es fo r alc o h o l dru g s or parap h ern alia m ay be
co n d u c te d o n th e V ill a g e 's p ro p e rty o r w o rk sites of areas accessible to em ployees,
in cl u d in g , b u t n o t lim ited to V ill a g e o w n ed v eh ic le s, eq u ip m ent to o lbo x es, lo ckers, desks,
etc . D isc o v e red ill e g a l item s w ill b e refe rred to la w en fo rcem en t fo r d isposition.
2 4 .13 D is c ip lin a ry co n se q u e n c e s fo r v io la tin g th is Z ero T o lera nce S u b stance and A lcohol A buse
P o lic y is th e im m e d ia te d isc h a rg e o f th e em p lo y ee fo r ju st cau se, and the potential den ial
o f U n e m p lo y m e n t C o m p en sa tio n as sp e c ifi ed at S ectio n s 44 0 . l O I and 440. l 02 of the
Florida Statutes. An employee injured and subsequently confirmed positive for drug or
48
a lc o h o l a b u se b a se d u p o n po st-a cc id e n t testin g m a y lik ew ise be term in ated fr om
e m p lo y m e n t a n d m a y lo se W o rk e rs' C o m p e n satio n be n e fit s.
2 4 .1 4 A n y d e c is io n m a d e o r actio n ta k e n w h ic h ad v e rse ly affec ts the em p lo y ee und er th is A rt ic le
is s u bje c t to th e g rie v a n c e an d arb itra tio n p ro c ed u re o f th is co ntra ct.
4 9
A R T I C L E 2 5
M I S C E L L A N E O U S P R O V I S I O N S
25.1 Firefighters' Bill of Rights. Both parties agree to follow Sections 112.80-112.84 of the
Florida Statutes, entitled "Firefighters' Bill of Rights."
25.2 No Smoking Polis;y. In accordance with Section 633.34(6) of the Florida Statutes, a Village
Firefighter must be a non-user of tobacco or tobacco products as a condition of his/her
employment with the Village Fire Rescue Department, both during on and off-duty hours.
25.3 Off-Duty Employment. No employee may participate in any off-duty employment
which poses a conflict of interest between his/her private interests and his/her public duties
as determined by the Village. Off-duty employment which would allow an employee to
gain a special privilege, benefit, or exemption for himself, herself or others, employment
which violates any federal or state law or which would impede the full and faithful
discharge of his/her public duties is prohibited. Each employee will act with integrity and
prudence to protect the good will and reputation of the Village Fire Rescue Department
25.4 Loss of Equipment. A bargaining unit member shall reimburse the Village for the repair
or replacement cost of lost, stolen, or damaged Village equipment when the Village
demonstrates beyond a reasonable doubt that the employee's careless and/or negligent act(s)
or behavior caused the loss, theft or damage.
25.5 Bulletin Boards. The Village shall furnish a space for bulletin boards for the purpose of
pre-approved Union notices. Notices shall be approved by the Fire Chief or designated
representative.
50
2 5 .6 Village Meetings. An electronic copy of the agenda of the Regular and Special Village
Council Meetings will be sent via electronic mail to the President of Local 3638,
International Association of Firefighters one (I) day prior to the Village meeting. Any
additional materials, changes to the agenda, etc., shall be made available at the meeting to
the Union President or his/her Designee.
25.7 Training. Outside training exercises shall not be conducted when the ambient
temperature at the training site is above ninety-five degrees (95°) Fahrenheit or the heat
index at or above one hundred degrees ( I 00°) Fahrenheit or during recognizably hazardous
weather conditions. If on-duty personnel are involved in night-time training, down time
after 1300 hours will be arranged by the on-duty shift officers.
25.8 Personal Liability Protection. The Village of Key Biscayne agrees to purchase and
maintain continuous coverage of insurance up to the limit of its personal liability protection
for each employee covered by this Agreement for personal liability arising out of any act or
omission of act in the course of employment unless the employee acted in bad faith, with
malice or with wanton and willful disregard of human rights, safety and property.
25.9 Line of Duty Death. Any full-time bargaining unit member who is killed while in the
performance of his or her official duties or who subsequently dies from injuries within
twelve (12) months of the incident from his or her injuries shall be given an immediate
promotion to the rank of Deputy Fire Chief. Leave balances will be paid off at the hourly
rate of the rank of Deputy Fire Chief.
25.10 Voting. Members shall be allowed up to two (2) hours of time off with pay to vote in
local, state and national elections, if an election falls during an employee's regular shift
51
a s s ig n m e n t. A n em p lo y e e w h o w an ts to be co m p ensated fo r tim e pursu ant to this pro visio n
m u s t n o tify h is/h e r su p e rv iso r o f h is o r he r in tent to vote prio r to the in ten d ed voting date.
E m p lo y e e s u n d e rsta n d th ey ha v e th e o p tio n to vo te by ab sentee ballo t an d m ay do so at
th e ir d is c retio n to av o id an y co n fl ic t w ith the ir assig ned tou r of duty .
2 5 .1 1 Personnel File. An employee shall be given a copy of each entry made into the
employee's personnel file. All complaints, reprimands, or other records of disciplinary
action against each employee shall be signed by the employee as evidence of the entry.
The employee shall be given the opportunity to respond to the entry and such response
shall be made part of the file to be signed.
25.12 Distribution of Pay Checks. Paychecks will be provided in the electronic payroll on
the Friday payday .. Any mistakes in amounts due to the employee shall be corrected during
the next scheduled payroll, provided that mistakes resulting in non-payment of an entire
paycheck shall be corrected the following business day. The Village agrees to offer direct
deposit of employee's paychecks at no cost to the employee. The program will be instituted
as soon as arrangements can be made with the financial institution and employee data is
collected and entered. The Village will make any necessary employee payments and/or
benefits directed by the employee within ten ( I 0) days of payday.
25.13 Promotional Probation. Newly promoted bargaining unit members shall serve a
probationary period of twelve (12) months from the date of the promotion. At the discretion
of the Fire Chief, said probationary period may be reduced to a nine (9) month period.
25.14 Copies of Contract. The Village shall distribute copies of this labor contract
electronically to each bargaining unit employee within fifteen (15) days after the execution
52
th e reo f at no co st to the em p lo y ee.
2 5 .15 Commutin2 Reimbursement. The Village will reimburse employees for the cost of the
Rickenbacker Causeway Annual Commuter pass one time per year.
25.16 Extra Duties. Employees covered by this Agreement will not be required to perform any
cleaning or building maintenance services in the administrative offices of the fire station.
25.17 Book of Understandin2. The parties agree they will jointly gather as many pnor
memoranda of understanding ("MOU"), grievance settlements and other agreements in
order to establish a book of understanding ("BOU"). The purpose of the BOU shall be to
have a reference manual on MOUs, settlements and other agreements between the Village
and the Union.
25.18 Employee Lockers. The Village agrees to maintain lockers for bargaining unit employees
as appropriate. An agent of the Village shall not inspect an employee's locker without
another employee present as a witness. However, if the Fire Chief or his designee
determines that circumstances warrant immediate inspection or opening of an employee's
locker and there are no other employees available to act as witnesses, the Fire Chief or his
designee may, in his/her sole discretion, authorize that the locker be opened and/or inspected
as needed. The Village shall be financially responsible for reimbursing an employee for loss
or destruction of property by an agent or employee of the Village during said inspection,
excluding the locking device if the employee was first given an opportunity to open his or
her locker.
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ARTICLE 26
PROFESSIONAL ENHANCEMENT
26.1 All employees covered by this Agreement, who are ordered to attend off-duty courses by
supervisors of the Fire Rescue Department, shall be paid at the prevailing overtime rate.
Notwithstanding the foregoing, this provision shall not apply to the off-duty courses taken
by bargaining unit members in order to successfully receive certification as a paramedic by
the State of Florida. Such courses shall be governed by Section 26.3 of this Article.
26.2 Tuition Reimbursement:
26.2.1 Bargaining unit employees are eligible for reimbursement of the cost of tuition and
books from an accredited school for the courses taken depending on the grade
achieved by the employee as outlined below.
Grade A:
Grade B:
Grade C:
Less than C:
Withdrawal:
I 00% reimbursement
75% reimbursement
50% reimbursement
0% reimbursement
0% reimbursement.
26.2.2 The amounts of reimbursement will be applied to the difference between the cost
of tuition and any financial aid the employee receives from other sources including,
but not limited to, grants, scholarships, veterans' benefits or vouchers. The
maximum amount that an employee shall be reimbursed is $12,000.00 per fiscal
year.
54
2 6 .2 .3 R eq u ests fo r tu ition reim bursem ent shall be m ade fo r each course and the decision
to reim b u rse the em plo y ee shall be m ade separa tely as to each course fo r w hich the
em p lo y ee is seek in g reim bursem ent. Every request fo r tuition reim bursem ent shall
be su b m itt ed alo n g w ith all supporting docum entation prior to enro llm ent and shall
be su bje ct to the prio r appro val of the Fire C h ief and V illage M anager. O nly
co u rses tha t are d irectly related to an em ployee's job w ill be appro ved fo r
reim b u rsem ent. T he F ire C hief and V illage M anager, in their sole discretion, w ill
d eterm in e w h ether the cou rse fo r w hich an em p lo yee is seeking reim bursem ent is
directly rela ted to the em p loyee's job. T heir decision shall be final in all respects
and sh a ll no t be su bject to the grievance pro cedure in A rt icle I O of this A greem ent.
2 6 .2 .4 In the ev e nt an em plo y ee vo luntarily leaves V illage em ploym ent or is term inated
fr om V ill ag e em p lo ym ent w ithin one (I) year of his/her com pletion of any course
o f in stru ctio n fo r w h ich the V illage has m ade any paym ent hereunder, that
em p lo y ee sh all reim b u rse the V illage one hundred percent ( I 00%) of such
reim b ursem en t. If an em p lo yee vo luntarily leaves V illage em ploym ent or is
term in ated m o re than on e (I) year but less than tw o (2) year after the com pletion
o f any co u rse of in stru ctio n fo r w hich the V illage has m ade any paym ent hereunder,
that em p lo y ee sh all reim burse the V illage fo r fi ft y percent (50%) of the V illage
reim b u rsem en t fo r such co urses.
2 6 .3 C o n tin u in g E d u catio n U n its:
2 6 .3 .1 T h e S tate of F lo rida has established specifi c continuing educational units (C EU )
tha t m u st be ach iev ed by the em p loyee every tw o years in order to successfu lly
rece iv e recert ifi cation as a para m edic. Failure to obtain para m edic recertifi cation
p rio r to the ex p ira tion date of the tw o-year cycl e w ill result in the em ployee being
55
p la ce d o n ad m in istra tiv e le a v e w ith o ut pay fo r a perio d of up to th irty (30) calendar
d a y s . T h e em p lo y ee m u st o b ta in recertifi c atio n w ith in the th irty (30 ) calendar days
th a t h e /sh e is p la ced o n ad m in istra tiv e leave w itho ut pay . T h is tim e period m ay be
e x te n d e d by th e F ire C h ie f u p o n th e ir so le discretio n .
2 6 .3 .2 T h e F ire R e sc u e D ep a rtm e n t w ill o ffer eig ht (8) ho ur s of C E U s every tw o (2) years
(o f th e req u ire d 3 2 ho u rs o f C E U s), w h ich sh a ll be tak en by the em ployees w hile
o n -d u ty . T h e em p lo y e e s sh a ll be resp o n sib le fo r co m p letin g the rem ain ing tw enty
fo u r (2 4 ) ho u rs o f C E U s ev e ry tw o y ears w h ile off-d uty .
2 6 .3 .3 T h e F ire R e sc u e D e p a rtm e n t's E M S C apta in , w ith the ap p ro v al of the M edical
D irecto r, sh a ll po st a list of ap p ro v ed C E U s in D ecem b er of the new renew al cycl e.
T h e D e p a rtm e n t w ill also se le ct at le ast fo u r (4 ) ap p ro ved tra ining sites fo r
p e rso n n e l to use to tak e th e ap p ro v ed C E U s (tw o sites in M iam i-D ade C ounty and
tw o sites in B ro w ard C o u n ty ). P erso nn el w ho tak e app ro v ed C E U s at another
lo c a tio n , a s a re su lt o f be in g req u ired to tak e the C E U fo r ano ther jo b , w ill subm it
th e ir d o c u m e n ta tio n to th e M ed ic a l D irector fo r ap p ro v al. If the C E U course is not
a p p ro v e d by th e M ed ic a l D irecto r, the em p lo y ee w ill be req uired to take the C E U
a t o n e o f th e ap p ro v ed lo ca tio n s. T he F ire R escue D ep artm ent shall be billed
d ire c tly b y th e ap p ro v ed sites fo r the co sts of C E U s that the em plo yees take. T he
E M S C a p ta in sh a ll also po st a q u a rterl y list listin g the C E U s co urses that have been
ta k en b y ea c h em p lo y ee so th at the em p lo y ees are able to tra ck their
e x p ira tio n /re n e w a l statu s.
2 6 .3 .4 A n y in c rea se to th e th irt y -tw o (3 2 ) h o u rs o f C E U s req u ired by the State of Florida
th a t re su lts in an in crea se to th e tw en ty -fo ur (2 4 ) ho urs of off duty C E U s that the
e m p lo y e e s m u st tak e, sh a ll resu lt in a p ro po rtio na l in crease to the annual stipend
56
stated belo w .
2 6 .3 .5 E m p lo y ees sha ll be pa id a $72 0.00 ann u al stipend fo r taking the C E U s. Beginning
in 2 0 2 3, E m p lo y ees w ho m ain tain th e fi re inspector certifi cation shall receive a
$5 4 5 an n ua l stip en d . B eg in n in g in 202 3, em p loyees w ho m aintain the fir e instructor
ce rtifi c atio n sha ll be paid a $545 .00 an nual stipend . T he stipends, w hich shall
b e pro ra ted fo r any partia l years, shall be paid to each em p loyee during the fir st pay
pe rio d in O cto b er of each year.
2 6 .4 A d van ced D eg ree S tip en d :
E m p lo y ees w ill be pro v id ed w ith an ann u al stipend fo r advanced degrees related to
the ir lin e of w o rk, as determ in ed by th e F ire C hief, in the am ount of fo ur hundred
do lla rs ($4 0 0) fo r an A sso ciate's degree and eig ht hundred dollars ($800) fo r a
B a ch e lo r's deg ree or hig h er. T he stip en d w ill be paid on O ctober I st of each year.
57
ARTICLE 27
ENTIRE AGREEMENT
27.1 All rights, privileges, and working conditions enjoyed by the employees at the present time
and which are not included in this agreement shall remain in full force, unchanged and
unaffected in any manner for the term of this agreement unless changed by mutual
agreement of the parties.
27 .2 This Agreement contains the entire contract, understanding, undertaking and agreement of
the parties hereto and finally determines and settles all matters of collective bargaining for
and during its term, except as may be otherwise provided herein.
58
ARTICLE 28
SAFETY EQUIPMENT
28.1 The Village will ensure all firefighting protective equipment (bunker gear), apparatus,
tools, protective clothing and station wear which will not cause or contribute to injury from
an unexpected thermal exposure, meets and/or exceeds NFPA safety standards, federal
standards, or other recognized safety standards such as A.N.S.I., U.L., U.S.B. of Mines,
etc., at the time the bid is let for purchase unless otherwise approved by mutual agreement
of the parties. Furthermore, any improvements in firefighting turnout gear to include
protective footwear will be provided to firefighting personnel as they become available.
Definition of improvements in turnout gear may include any turnout gear or footwear that
is lighter in weight from currently assigned equipment or any equipment that has been
proven to reduce fatigue or stress to personnel.
28.2 Rescue and Fire Apparatus will comply with all applicable Federal and State standards.
59
ARTICLE 29
LAY OFF
29. l In the event of a layoff for any reason, employees shall be laid off according to reverse
order of Departmental seniority.
29.2 In the event the Village determines that the number of employees must be reduced for any
reason, such reduction in employees shall be based on objective, reasonable and non
discriminatory standards which shall not be arbitrary or capricious; shall not deprive
employees of other rights conferred by this Agreement or the Laws of Florida or the United
States; and will be capable of uniform application.
29.3 Severance pay for layoffs shall be one (I) week's pay per year of service.
29.4 Employees shall receive thirty (30) days' notice prior to a layoff.
60
ARTICLE 30
OVERTIME
30.1 Shift employees shall be paid overtime at the rate of time and one-half the employee's
regular rate of pay for all authorized hours worked in excess of l 44 hours in a twenty-one
(21 )day work period and all authorized hours worked in excess of their normal work shift.
All hours on approved paid leave shall count toward hours worked.
30.2 Non-shift employees shall be paid overtime at the rate of time and one-half the employee's
regular rate of pay for all authorized hours worked in excess of forty ( 40) hours in a seven
day work period and all authorized hours worked in excess of their regular work day. All
hours on approved paid leave shall count toward hours worked.
30.3 Employees shall be compensated for overtime as it occurs or, at their option, they may
accumulate compensatory time in accordance with Article 15.2.
61
A R T IC L E 3 1
WORKING OUT OF CLASSIFICATION
31.1 The Village agrees that any person covered by this Agreement who is required to accept
the full responsibilities and carry out the duties of a rank above that which they
normally hold shall be paid at the hourly rate of five percent (5%) above their current
rate in their regular classification while so acting. If the employee works greater than
96 hours in this capacity in a fiscal year (October I through September 30), those hours
worked in excess of 96 shall be paid at the hourly rate of ten percent ( I 0%) above their
current rate in their regular classification while so acting.
31.2 Employees holding the certification of Fire Officer I who are required to accept the full
responsibilities and carry out the duties of a rank above that which they normally hold
shall be paid at the hourly rate often percent (l 0%) above their current rate in their regular
classification while so acting. If the employee holding the certification of Fire Officer I
works greater than 96 hours in this capacity in a fiscal year (October 1 through September
30), those hours worked in excess of 96 shall be paid at the hourly rate of fifteen percent
(15%) above their current rate in their regular classification while so acting.
31.2.1 Current acting employees will be grandfathered to the acting rate provided
in 31.2 until October I, 2024, at which time the grandfather period will cease. The acting
rate of pay shall revert to the provisions in 31. l for employees who were grandfathered
and do not achieve the Fire Officer I certification by October I, 2024.
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ARTICLE 32
UNIFORMS AND MAINTENANCE ALLOWANCE
32.1 The Village agrees to furnish at no cost to the employee the following uniform items in
sufficient quantities as determined by the Fire Chief:
• Shirts
• Trousers
• Hats
• Belts
• Jumpsuit
• Tee shirts
• Combination jacket (rain/cold); and
• Personal protective equipment
32.2 The level of inventory and method of surveying uniform items unfit for wear will be
determined by the Fire Chief or designee.
32.3 Uniform items may be replaced as needed at the discretion of the Fire Chief or designee.
32.4 The annual uniform maintenance allowance is seven hundred and seventy dollars
($770.00). The allowance shall be paid during the first pay period in December. The cost
of any uniform changes dictated by the Village shall be borne by the Village.
32.5 The Village will supply one (I) set of linen sheets, one (I) blanket, one (I) pillow and one
(I) pillowcase, which shall be replaced as needed.
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ARTICLE 33
PENSION
33.1 The current benefits and employee contributions in the Fire portion of the Police Officers
and Firefighters Retirement Plan (the "Plan"), as codified in Chapter 23 "Retirement" of the
Village Code (including but not limited to the DROP Plan), shall remain in effect. The
following changes were made in connection with the ratification of 2017-2020 Agreement:
33.1.1 The Village's annual contribution to the Plan shall be capped at 20% of the Plan's
covered payroll for all firefighters contributing to the Plan using the definition of
Salary provided in the Plan. Any amount over 20% of covered Payroll shall be the
responsibility of the employees.
33.1.2 The minimum funded ratio for the Fire portion of the Plan shall be eighty percent
(80%) based on an assumed rate of return of 7.5%. If the funded ratio of the Fire
portion of the Plan falls below the minimum funded ratio, the Plan's multiplier
shall be automatically reduced for prospective service to the extent necessary to
keep the Fire portion of the Plan's funded ratio over 80% or, alternatively, the
employees shall have the option of paying off any unfunded liability necessary to
achieve an 80% funded ratio or of making other design changes to the Fire portion
of the Plan so that the Fire portion of the funded ratio exceeds 80%. In lieu of
reducing the multiplier, should the employees wish to increase the employees'
contribution to maintain the minimum funded ratio, the Union shall provide the
Village with written notification prior to August 1st preceding the fiscal year in
which the funded ratio of the Fire portion of the Plan falls below 80%.
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3 3 .1 .3 E ffectiv e O ctob er I, 2 0 1 7 , the m on th ly retirem ent benefi t shall be equal to
3 .0 0 % o f A v erag e F in a l C o m p ensation fo r each year of C red ited Service earn ed after
that date.
3 3 .1 .4 T he m ax im u m am o u nt of ann ua l serv ice retirem ent benefi t based on the norm al
ann u ity fo rm (life w ith I O year certain) payable at retirem ent shall be the
em p loy ee 's cho ice of either: (1) the lesser of $9 0 ,0 0 0 or 9 0 % of the em ployee's
A v era g e F in a l C o m p en satio n ; 'or (2) 80% of the employee's Average Final
Compensation. This cap will be applied to any other form of benefit selected
by the employee on a proportionate basis so as to make the application of the cap for
other forms actuarially equivalent to the cap for the normal form.
33.1.5 Members may purchase Credited Service for service in the Armed Services prior to
employment with the Village or for prior fire service to the maximum extent
allowable under Florida state law. The total amount of service purchased, when
combined with the purchase of additional benefit multiplier, may not exceed five
years. For the purpose of purchasing this past service credit, a member may use
either the value of his/her annual leave (less required withholding taxes)
valued in accordance with the Village's leave payoff policy or an applicable
collective bargaining agreement; a tax-qualified transfer of funds from the
member's 457 Deferred Compensation Plan; cash payment; or any combination
of the foregoing. A member shall be responsible for the full actuarial cost of
this benefit enhancement, plus the full actuarial or other professional services
required to determine the benefit enhancement.
65
33 .2 In acco rdance w ith sectio n 17 5.3 5 1(6), F.S ., a defi ned contribution plan com ponent ("share
pla n") is hereby estab lish ed as part of the defi ned benefi t pension plan, to be fu nded entirely
w ith C h . 17 5 prem iu m tax reven u es. H ow ever, the V illage and the U nion have m utually
ag reed th at no C h . 17 5 prem iu m tax revenues w ill be allocated to the share plan at this tim e.
T he V illa g e and th e U n io n have fu rther agreed that the share plan shall not be activated until
the parties m u tuall y agree that C h. 17 5 prem ium tax revenues w ill be allocated to the share
p la n . T h e parties fu rther m u tually consent that any prem ium tax revenues received by the
P la n p ursuant to Sectio n s 17 5 .10 I and 17 5.351, Florida Statutes, shall be retained by the
P la n to pay fo r the ben efi ts offered by the Plan.
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ARTICLE 34
SALARIES
34.1 Wages
A. COLA
I. FY 2024 -- bargaining unit employees employed on October I, 2023 shall receive
a salary increase in an amount equal to the change in the Consumer Price Index
("CPI"), which amount will be rounded to the closest tenth of a percentage. The
CPI that will be used is the twelve (12) month change from April 2022 to April
2023 based on the CPI for All Urban Consumers for the Miami-Fort Lauderdale
Area (all items index) published by the U.S. Department of Labor Bureau of
Labor Statistics. However, if the CPI is more than five and one-half percent
(5.5%), the salary increase will be five and one-half percent (5.5%) and if the CPI
is negative, employees will not receive a salary increase.
2. FY 2025 -- bargaining unit employees employed on October I, 2024 will be
eligible to receive a salary increase in an amount equal to the change in the CPI,
which amount will be rounded to the closest tenth of a percentage. The CPI that
will be used is the twelve ( 12) month change from April 2023 to April 2024 based
on the CPI for All Urban Consumers for the Miami-Fort Lauderdale Area (all
items index) published by the U.S. Department of Labor Bureau of Labor
Statistics. However, if the CPI is more than four percent (4%), the salary increase
will be four percent (4%) and if the CPI is negative, employees will not receive a
salary increase.
3. FY 2026 -- bargaining unit employees employed on October I, 2025 will be
67
eligible to receive a salary increase in an am ount equal to the change in the CPI,
w hich am ount w ill be ro unded to the closest tenth of a percentage. The CPI that
w ill be used is the tw elve ( 12) month change from A pril 2024 to April 2025 based
on the CPI fo r A ll Urban Consum ers fo r the M iam i-Fo rt Lauderdale A rea (all
item s index) published by the U.S. Departm ent of Labor Bureau of Labor
Statistics. How ever, if the CPI is more than fo ur percent (4%), the salary increase
w ill be fo ur percent ( 4%) and if the CPI is negative, em ployees w ill not receive a
salary increase.
B. Step Pay Plans: Attached as Exhibit A are the I 0-step pay plans incorpora ting the
afo rem entioned w age increase fo r all mem bers em ployed by the V illage prior to the
ra tification of this A greem ent. Em ployees shall move to the next step of each pay
plan on their respective anniversary dates.
C. Longevity:
I. Em ployees w ill receive a five percent (5%) pay increase upon the com pletion of
15 and 20 years of service. Em ployees w ho have not previously received a
longevity pay increase at 15 and/or 20 years of service shall, upon the com pletion
of 15 years of service and/or upon the com pletion of 20 years of service, receive
five percent (5%) pay increases on such anniversary dates.
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A R T I C L E 35
DRIVER ENGINEER
35.1 The Village shall assign twelve ( 12) employees to the position of Driver Engineer (D.E.)
that will be solely responsible for the safe operation of firefighting apparatus (Quint and
Engine). The position of D.E. shall not apply to Rescue vehicles. The employees assigned
to the position of D.E. shall receive a 5% increase in their base salary during their
assignment.
35.2 For purposes of filling the 12 assignments to D.E., an eligibility list will be established.
Employees who desire to be on the eligibility list must have the following minimum
qua! ifications:
• 2 (two) years of service in the Department;
• A Certificate of Competency issued by the Division of State Fire Marshal Bureau
of Fire Standards and Training for the course entitled Pump Operator. The
successful completion of the City of Miami's Driver Engineer Class may be
substituted in lieu of the requirement: and
• Pass a written and a practical examination that shall be administered and paid for
by the Fire Rescue Department.
35.3 The Fire Chief, in their sole discretion, may choose anyone from the eligibility list to fill a
D.E. assignment. Any employee assigned to D.E. may be removed from said assignment
in the sole discretion of the Fire Chief or designee.
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I
ARTICLE J6
DURATION OF AGREEMENT
Except as specifically provided otherwise in this Agreement, this Agreement shall take
effect upon ratification by both parties and shall continue in full force and effect through September
30, 2026.
Executed on this __ 5_:-f1i. __ day of f"eJ:;rva.ry 2024.
Village Manager,
-~;~~-:.::~~~~!-~8--i~--
< ~,-.: .-... .. _ - -. ................. -~~..,, ....
Jo I. Rasco -------...._,__
May~,--vi-l+age--of.-K:ey Biscayne
For the Professional Firefighter's
Association, Local 3638
-;:;f---f-<~:;--;-;-;:-;-;-:---==--,----_=---..,~- ~
President,
Key Biscayne Professional Firefighter 's
Association, Local 363 8
~ ~ uQQ .
Kathleen M. Phillips -v
Counsel, Key Biscayne Professional
Firefighter's Association, Local 3638
---
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EXHIBIT A
SALARY SCHEDULES
Effective retroactive to 10/1/23
Step Firefighter/Paramedic Lieutenant Captain
I 72,592 89,139 I 02,509
2 76,221 93,595 107,635
3 80,033 98,275 113,016
4 84,034 103,188 118,667
5 88,236 108,348 124,601
6 92,648 113,765 130,830
7 97,280 119,454 137,372
8 102,144 125,426 144,240
9 107,251 131,698 151,453
10 112,614 138,282 159,025
15 118,245 145,196 166,976
20 124,157 152,456 175,325
71