AN AGREEMENT BETWEEN THE 

BONITA SPRINGS FIRE CONTROL & RESCUE DISTRICT 

AND THE

INTERNATIONAL ASSOCIATION OF FIREFIGHTERS

LOCAL 3444

EFFECTIVE

10/1/01 THRU 9/30/04

5th edition

INDEX

ARTICLE 1

PREAMBLE

1.1    This agreement is entered into by and between the Bonita Springs Fire Control and Rescue District herein referred to as the "District", and Bonita Springs Professional Firefighters, Local #3444, (I.A.F.F.) Inc., herein referred to as the "Union."

1.2    It is the purpose of this agreement to increase general efficiency in the Fire Department, to maintain the existing harmonious relationship between the Fire Department and its employees, and to promote the morale, rights and well-being of the members of the Fire Department in order that more efficient and progressive public service may be rendered. To foster safety in the work place and to provide an orderly and peaceful means of resolving differences which arise concerning the interpretation or application of this agreement.

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ARTICLE 2

RECOGNITION and BARGAINING UNIT

2.1    RECOGNITION:  Pursuant to and in accordance with all applicable provisions of Article 1, section 6 of the Florida Constitution of 1968 and pursuant to the guidelines as set forth in Chapter 447 Laws of Florida, the District recognizes the Employee Organization as the exclusive bargaining unit with respect to rates of pay, wages, hours and terms and conditions of employment.

2.2    BARGAINING UNIT:  For the purpose of the Agreement and the provisions herein contained, the bargaining unit shall consist of those employees certified by the State of Florida, Public Employee's Relations Commission Certification #951, MS-92-003, dated August 25, 1992 and PERC Certification #952 UC-99-023, dated November 10, 1999.

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ARTICLE 3

DUES DEDUCTION

3.1    Employees covered by this agreement may authorize payroll deductions for the purpose of paying union dues. No authorization shall be allowed for payment of initiation fees, assessments, or fines.

3.2    The Union will initially notify the District as to the amount of dues. Such notification will be certified to the District, in writing, over the signature of an authorized officer of the Union. Changes in union membership dues will be similarly certifies to the District and shall be done at least one month in advance of the effective date of such change.

3.3    Dues shall be deducted bi-weekly, except in months with three (3) pay periods, and the funds deducted shall be remitted to the treasurer of the Union within (3) three days of the period. The District will deduct a sum of $.20 per member per month made to offset costs incurred in providing this service, this amount will be deducted from dues collected. The Union will indemnify, defend, and hold the District harmless against any claims made and against any suits instituted against the District on account of payroll deduction of Union dues.

3.4    The payroll deductions shall be revocable by the employee notifying the District and Union in writing on a prescribed form. The Union shall be notified of any revocation.

3.5    The dues deducted in one month shall apply to the following months dues.

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ARTICLE 4

NON-DISCRIMINATION

4.1    NON-DISCRIMINATION:  Classified members of the Fire Department shall have the right to join the Employee Organization and there shall be no discrimination or intimidation against any employee because of the employees membership or lack of membership in the Employee Organization by virtue of his/her holding office or not holding office in the Employee Organization.

4.2    PROVISION of this Agreement shall be applied to all employee's without discrimination due to race, creed, color, age, sex or natural origin.

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ARTICLE 5

MANAGEMENT RIGHTS

5.1 MANAGEMENT RIGHTS:  Except as specifically abridged or modified by any provision of this agreement, the District will continue to have, whether exercised or not, all of the rights, powers and authority heretofore existing, including but not limited to the following: determine the standards of service to be offered by the Fire Department; determine the standards of selecting for employment; hire, transfer, promote and demote employees; direct its employees; take disciplinary action up to and including discharge; relieve its employees from duty because of lack of work or for other legitimate reasons; issue rules and regulations; to contract and subcontract all existing and future work or services excluding fire fighting related duties; determine the methods, means and future work services; determine the methods, means and personnel by which the District's operations are to be conducted; establish and revise or discontinue policies, programs and procedures to meet changing conditions and classifications; exercise complete control and discretion over its organization and the technology of performing its work; and fulfill all of its legal responsibility and prerogatives that are inherent in the Fire Board and Fire Chief, and cannot be subject to any grievance or arbitration proceeding except as specifically provided for in this Agreement.

5.2    If work rules and regulations are not uniformly applied, the Employee Organization may file a grievance in accordance with the grievance procedure as contained in this agreement.

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ARTICLE 6

EMPLOYEE ORGANIZATION RIGHTS

6.1    EMPLOYEE ORGANIZATION RIGHTS:  Members of the Fire Department shall have the right to join the Employee Organization or not to join the Employee Organization; to engage in lawful concerted activities for the purpose of collective bargaining negotiations or other mutual aid for protection; to express or communicate to management any view, grievance, complaint or opinion related to the conditions of compensation and terms of employment of public employees or their betterment, all free from restraint, coercion, discrimination or reprisal.

6.2    Nothing shall abridge the right of any duly authorized representative of the Employee Organization to present views of the Employee Organization on issues which affect the welfare of its members, as long as it is clearly presented as the view of the Employee Organization and not necessarily the Department.

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ARTICLE 7

UNION BUSINESS

7.2    The number of Union Officers permitted to perform the above stated functions shall be contingent on the adequacy of department manning as determined by the Fire Chief.

7.3    The Fire Chief will make arrangements for on duty employees to attend meeting sites while on duty for meetings called by the Fire Chief.

7.4    Four (4) members of the Union negotiating team shall be allowed time off for negotiation meetings which shall be mutually set by the District and the Union.

7.5    The Employee Organization shall be permitted to use the meeting room at Station #1 to conduct monthly or special Union meetings with approval of Chief's office.

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ARTICLE 8

GRIEVANCE PROCEDURE

8.2    STEP 1. The aggrieved employee may discuss the complaint or the grievance with the employees immediate supervisor within five (5) working days exclusive of Saturday, Sunday, or holiday, of the date of the occurrence which has caused the grievance or within five (5) working days from when the aggrieved employee becomes aware of facts giving rise to the grievance. The immediate supervisor may seek the assistance of any other individual who may be qualified to offer assistance or information which will aid the supervisor to reach a decision. The immediate supervisor shall attempt to adjust the matter and shall respond to the employee within five (5) working days.

If the grievance has not been satisfactorily resolved, the aggrieved employee may, within five (5) working days following the meeting referred to above, submit a written petition to the Employee Organization's Grievance Committee who shall determine if the grievance is valid and has merit.

8.4    GENERAL PROVISIONS:

A.  Members covered by union contract must choose which grievance procedure they wish to proceed under District's Policy 2.7 - Grievance Procedure or Article 8 - Grievance Procedure. Once a process is chosen, the employee is bound by that procedure and has no right to switch.

B.  A probationary employee (new employee) shall have the right of grievance procedure through Step 2 with the exception of wages and benefit disputes which may be taken to final arbitration.

C.  For the purpose of Article 8, a working day shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

D.  The above time limits may be lengthened or shortened by mutual agreement by both parties.

E.  Upon mutual agreement by both parties, expedited arbitration may be requested of the Federal Mediation and Conciliation Service, the American Arbitration Association, or any individual selected by the parties involved, whichever is applicable.

8.6    (B) An Arbitrator shall be selected from a list of arbitrators submitted by the Federal Mediation and Conciliation Service by the alternate striking of names (the petitioner for arbitration striking the first name) until one name remains; provided, however, that in the event either party before any striking of names occurs, feels that the list submitted by the Federal Mediation and Conciliation Service is unsatisfactory, said party shall have the right to request one additional list of arbitrators. If either party finds the service of Federal Mediation and Conciliation Service unsatisfactory upon notice to the other party, the services of the American Arbitration Association shall be utilized in subsequent disputes.

8.7    (C) The Arbitrator shall have no power to add to, subtract from, modify or alter the terms of the Agreement, but shall determine only whether or not there has been a violation of this Agreement in the respect alleged in the grievance. The rights of management enumerated in Article 5 and hereby incorporated by reference and all other rights of management not limited by the clear and explicit language of a provision of this Agreement and the provisions of Article 21 prohibiting strikes during the life of this Agreement are specifically excluded from arbitration under the provisions of this Article. The decision of the Arbitrator shall be based solely upon the evidence and arguments presented to the Arbitrator, and the Arbitrator shall render a decision no later than thirty (30) working days after the conclusion of the final hearing. Copies of the findings of the Arbitrator made in accordance with the jurisdictional authority under the Agreement shall be final and binding upon both parties.

The Arbitrator's decision shall be in writing and shall set forth the Arbitrator's opinions and conclusions on the issues submitted.

8.8    (D) This Agreement constitutes a contract between the parties, which shall be interpreted and applied, by the parties and the arbitrator in the same manner as any other contract under Laws of the State of Florida. The function and purpose of the Arbitrator is to determine disputed interpretations of terms actually found in the Agreement or to determine disputed facts upon which the application of the Agreement depend. The Arbitrator, therefore, shall not have the authority nor shall the Arbitrator consider it an arbitrators function to include the decision of any issue not submitted or to interpret or apply the Agreement as to change what can fairly be said to have been the intent of the parties as determined by generally accepted rules of contract construction. The Arbitrator shall not give any decisions which, in practical or actual effect, modifies, revises, detracts from, or adds to any of the terms or provisions of the Agreement. The Arbitrator shall not render any decision or award, or fail to render any decision or award as fair or equitable or because, in the arbitrators opinion, it is unfair or inequitable.

8.10   (F) The Employee Organization will be required to represent only unit members who are members of the organization, but the Employee Organization retains the option to represent non-members.

8.11    STEP 2.

Grievance Report No. _______________________________________________

Name of Aggrieved Employee

Division ________________________ Employee Soc. Sec. No. ______________

Contract Article violated and remedy requested

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

Aggrieved Employee's Signature ______________________________________

Employee Organization Representative _________________________________

Date presented to Fire Chief _________________________________________

Answer of Fire Chief _______________________________________________

________________________________________________________________

________________________________________________________________

Fire Chief Signature ________________________________________________

Date of Answer ___________________________________________________

_____________________________ Answer if accepted

_____________________________ Rejected

_______________________________________    _______________________

Employee's Signature                                                 Date

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ARTICLE 9

SENIORITY/PROBATION

Departmental seniority shall be used in all cases involving reduction of personnel due to layoff, recall from layoff, demotion or other legitimate causes, recall from layoff will be accomplished by calling the last laid off to be called first. No new employees shall be hired until all laid off employees have had an opportunity to report to work, in accordance with the loss of seniority in the Article.

Classification seniority shall be used in all determinations of vacation preferences. In the event that classification seniority in a specific classification is equal among several employees departmental seniority shall also be applied in establishing the most senior employee for the aforementioned purposes.

9.4    PROBATION: New employees that are certified shall be considered on probation for a period of six (6) months from the date of hire; non-certified hires shall have a six (6) month probation from date of certification. If there are "any" problems (i.e., unsatisfactory evaluation mark, late for work, etc.) within the initial six (6) months of employment the employee shall at a minimum automatically have their probation extended for six (6) months or be terminated.

9.5    Promoted employees shall be considered on probation for a period of six (6) months during which time the District will have the right to retain the employee in the designated class or demote the employee to the classification previously held at its sole discretion.

9.6    LOSS OF SENIORITY: Seniority rights of an employee shall terminate with a:

1) Voluntary termination

2) Retirement

3) Termination of just cause

4) Layoff exceeding twenty four (24) months

5) Failure to return from an authorized leave of absence within three (3) calendar days. However, nothing contained herein restricts lesser disciplinary actions.

6) Failure to report for work within fourteen (14) calendar days of the date of receipt of said recall letter or failure to notify the District of the intent to turn to work within five (5) calendar days of the date of receipt of said recall letter.

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ARTICLE 10

HOURS OF DUTY

10.2    The 24 hour shift shall commence at 0700 hours and continues through 0700 hours the following day.

10.3    Fire Prevention personnel shall work a forty (40) hour average work week. Overtime shall be paid at the rate of one and one-half times of the regular hourly rate for all hours worked over forty (40) hours.

10.4    Fire Prevention personnel shall be afforded a one hour lunch period to commence at 1200 and end at 1300 hours or as close to these hours as possible.

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ARTICLE 11

OVERTIME PAY

11.2    In case of extreme or pending emergency, such as hurricane, flood, riot, or other similar situations, the Chief may waive the established call in procedures.

11.3    A.  Members recalled to duty because of an emergency shall be paid the actual time worked, but not less than four (4) hours of pay. Union members who are required to attend mandatory staff meetings will be compensated for the actual time in attendance.

           B.  Declared emergencies that are reimbursable by an outside agency - The employee shall be compensated from the time they receive the initial call to report for duty, all subsequent hours worked, and demobilization upon their return.

11.4    Members required to work beyond their shift shall be paid the actual time worked rounded off forward to the nearest 1/2 hour.

11.5    Comp time at the rate of 1-1/2 times, may be given in lieu of overtime pay at the discretion of the Chief's office, if overtime funds are depleted or at the request of the employee in compliance with F.L.S.A.

11.6    Employees attending mandatory schools shall be given full credit for such time.

11.7    Scheduled personal leave hours for four (4) consecutive hours shall be considered time worked when calculating F.L.S.A. overtime; personal leave for any less hours shall not be considered as hours worked for FLSA purposes. Other than emergencies, Inspectors may be used to replace a firefighter for no more than four (4) hours.

11.8    A call-in list shall be established by using the seniority list. Once an employee has either worked overtime or turned the additional time down, that employee's name shall be moved to the bottom of the list.

11.9    When emergency leave is granted during a tour of duty, the Assistant Chief or his/her designated representative may either determine to call in a replacement or operate at reduced manning strength during the balance of that tour.

11.10    Leave time scheduled in accordance with 37.5 for attendance at classes will count as hours worked.

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13.2    All periods of employment reflected below must be continuous.

13.3    Personal leave must be taken for a minimum of four (4) hours. Request to use personal leave time other than for illness or injury, must be made three (3) calendar days in advance or special permission must be obtained from the District.

13.5    Employees who use personal leave for illness must call in before 0600 or forfeit pay for the shift, Inspectors at 0700.

13.6    Upon the ratification of this agreement all current sick leave accounts will be frozen and no additional sick leave will accrue. Employees with sick leave balances may use said sick leave only for illnesses or injuries.  Illnesses or injury is defined as requiring absence from work for twelve hours or more. There will be no buy-back or replacement of sick leave used from the frozen accounts.

13.7    Employees accrue personal leave in accordance with 13.2 as listed above; their maximum accruals cannot exceed those listed below. Once an employee has reached the maximum accrual in their classification and years of service no further accrual is permissible until that employee has reduced their maximum hours below the allowable limits. If an employee reaches his or her maximum accrual, any additional hours will be placed in a separate account to be paid in the first pay period in January of each year at 50%.

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14.2    "Immediate Family" shall be defined to include spouse, or children of the employee, or the grandparents, parent, brothers, or sisters of the employee or his/her spouse.

14.3    In unusual circumstances the Fire Chief at his discretion, may grant additional time off with pay.

14.4   Funeral leave will count as hours worked for FLSA calculations.

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15.2    Jury "Notice and Approval" of Time-off: Employees receiving a summons for jury duty must notify their immediate supervisor as soon as possible after receiving such notice. An employee failing to make such notification will not be paid for the period of absence. A Request of Leave Form must be completed by the employee and approved by the Fire Chief or his designee, prior to payment for such time off.

15.3    Reporting for Work: an employee who is excused from jury duty during normal working schedule must report to his/her supervisor to work the remainder of the normal work day or week.

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ARTICLE 17

USE OF TOBACCO PRODUCTS

17.2    Any new employee will execute the "Non-use of Tobacco Products Agreement."

17.3    All employee's are prohibited from using smokeless tobacco products in any District building, facility, or vehicle.  Likewise, on-duty employees are not to use smokless tobacco when any member of the general public is present.

17.4  At each station an area outside the building will be designated as a smoking/smokeless tobacco use area. Users of smokeless tobacco may utilize this designated area only if they carry to the designated area a receptacle to be used in discharge of tobacco and tobacco juice and that said receptacle is discarded prior to re-entering the building. The same procedure applies to employee's smoking. Any employee detected discarding cigarettes or spitting other than in the appropriate container will be subject to discipline.

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18.1    The following shall be the total wage package negotiated by the parties and shall consist of the attached wage scales for the classification of Firefighter, Fire Lieutenant and Fire Inspector . Wages will not be eligible to be reopened through September 30, 2004.

18.2    All benefits as negotiated in this contract shall be on the base rate of pay as determined by the new hourly rate.

18.3    Any employee covered by this agreement that becomes uninsurable by the Districts liability coverage for drivers of District equipment will have their pay reduced by five percent (5%), since they cannot fulfill the requirements of their job description.

18.4    On October 1, 2001, the members of the Union will receive a 3.25% across the board salary adjustment, in years 2 and 3 of this contract the salary adjustment will be the average change in the CPI from April to April and the change in the ECI from March to March. 

18.5    Acting Captain – Level 5 Lieutenant shall receive Level 4 Captain pay.

8.6      Reference E - Placement form 2000/2001

8.7     A new Salary and Benefit Survey will be conducted and presented to the Board by 5-1-2004.

**18.9 Reference D - Adopted Pay Scale (October 9, 2000)

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ARTICLE 19

A Florida State Minimum Standards Certified Firefighter. This person has fulfilled the entrance requirements of Chapter 2 of NFPA 1001, but has not completed the objectives of Firefighter I. These objectives must be completed prior to the end of the Probationary Period. In addition, must obtain State EMT certification within one year of the date of hire.

A Firefighter that has obtained and held the level of Firefighter I for a minimum of one year. In addition, must complete all of the work processes, study materials, and demonstrate the knowledge of and the ability to perform at the standards for this level per NFPA 1001, Chapter 3. In addition, must also obtain BLS privileges within one year of advancement to this step.

A Firefighter that has obtained and held the level of Firefighter II for a minimum of one year. In addition, must complete all of the work processes, study materials, and demonstrate the knowledge of and the ability to perform at the standards for this level as per NFPA 1001, Chapter 4. In addition, must successfully complete the course "Fire Service Hydraulics", "Fire Apparatus Operations" and obtain State Pump Operator Certification within one year of advancement to this step.

A Firefighter that has obtained and held the level of Firefighter III for a minimum of one year. In addition, must successfully complete at least three (3) classes needed to obtain Fire Officer One Certification within one year of advancement to this step.

A Firefighter that has obtained and held the level of Firefighter IV for a minimum of one year.

A Firefighter that has obtained and held the level of Firefighter IV for a minimum of one year. In addition, must have successfully tested for the position of Lieutenant and be on the current eligibility list. This person shall receive Acting Lieutenant incentive pay AS PER Article 37.10.

A Firefighter that has obtained and held the level of Firefighter V/Acting Lt. In addition has achieved promotion through testing. In addition, must successfully complete at least five (5) of the classes needed to obtain Fire Officer One Certification within one year of advancement to this step.

A Lieutenant that has obtained and held the level of Lieutenant I for a minimum of one year. In addition, has completed all of the work process, study materials, and demonstrates the knowledge of and the ability to perform at the standards for this level as per NFPA 1021, Chapter 2. In addition, must also obtain Fire Officer One Certification within one year of advancement to this step.

A Lieutenant that has obtained and held the level of Lieutenant II for a minimum of one year. In addition, must obtain Basic Fire Instructor Certification within one year of advancement to this step.

A Lieutenant that has obtained and held the level of Lieutenant III for a minimum of one year. In addition, has successfully completed at least (10) ten classes needed to obtain an Associates Degree in Fire Science or related field within one year of advancement to this step.

A Lieutenant that has obtained and held the level of Lieutenant IV for a minimum of one year. In addition, must meet all of the requirements of the Bonita Springs Fire Control and Rescue District Position Description "Captain."

A Florida State Minimum Standards Certified Firefighter who is also a Certified Safety Inspector or a person who can obtain Fire Safety Inspector Certification within 12 months of placement into this position. These objectives must be completed prior to the end of the Probationary Period.

A Fire Inspector that has obtained and held the level of Fire Inspector I for a minimum of one year. In addition, must complete all of the work processes, study materials, and demonstrate the knowledge of and the ability to perform at the standards for this level per NFPA 1031, Chapter 3. In addition, must also successfully complete two classes needed to obtain an Associates Degree in Fire Science or related field within one year of advancement to this step.

A Fire Inspector that has obtained and held the level of Fire Inspector II for a minimum of one year. In addition, must complete all of the work processes, study materials, and demonstrate the knowledge of and the ability to perform at the standards for this level per NFPA 1031, Chapter 4. In addition, must also successfully complete two additional classes needed to obtain an Associates Degree in Fire Science or related field within one year of advancement to this step.

A Fire Inspector that has obtained and held the level of Fire Inspector III for a minimum of one year. In addition, must complete all of the work processes, study materials, and demonstrates the knowledge of and the ability to perform at the standards for this level per NFPA 1031, Chapter 5. In addition, must also successfully complete two additional classes needed to obtain an Associates Degree in Fire Science or related field within one year of advancement to this step.

A Fire Inspector that has obtained and held the level of Fire Inspector IV for a minimum of one year. In addition, has obtained an Associates Degree in Fire Science or related field which qualifies for the Firefighter Supplemental Compensation Program administered by the State of Florida.

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NAME: __________________ DATE: ________

POSITION TITLE:

DEPARTMENT: ___________ DIVISION: ______

SECONDARY EMPLOYEE:

COMPANY NAME: _______________________

ADDRESS: _____________________________

TELEPHONE NUMBER: ____________________

SUPERVISORS NAME: _______TITLE: _______

ANTICIPATED POSITION: __________________

STARTING DATE: ____________ TITLE: ______

This is to notify the Bonita Springs Fire Control and Rescue District that I have outside employment as described above. This employment will no way violate FS Section 112.313 (7). This employment will no way conflict or interfere with my position with my with the Bonita Springs Fire Control and Rescue District. I will keep my supervisor informed of any changes.

_________________________  ____________

Employee's signature                    Date

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This committee shall meet by mutual consent. The parties are under no obligation to reach agreement, however, any agreement so reached may become a matter of policy, with the approval of the Chief's Office.

Any recommendation by the committee shall be presented to the Fire Chief and the Fire Chief shall notify the committee, in writing, as to the action taken on the recommendations within ten (10) working days.

Nothing agreed to shall have the effect of altering the provisions of this contract.

22.3    PURPOSE: Meetings or conferences may be held for such purposes as:

(1) Dissemination of information;

(2) The submission of suggestions for improving efficiency, economy of  

      operation, working conditions, employee services;

(3) Proposing revisions of existing regulations, policies and procedures;

(4) To resolve other problems of employees;

(5) To avoid future grievances; or

(6) To further promote harmonious relations between the District and the Union.

      Appeals, grievances, or problems of individual employees are not subject to

      discussion at such meetings.

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EMPLOYEE ORGANIZATION TIME POOL

23.2    All dues paying Employee Organization members from the Suppression Division, in good standing, agree to contribute ten (10) hours annually from their personal leave time hours. All dues paying Employee Organization members from the Prevention Division, in good standing, agree to contribute three (3) hours annually from their personal leave time hours.

The hours donated shall be deducted from their annual earned personal leave hours, which shall be deducted by the District in the month of January. The donated time shall be placed in the Time Pool by the District at the individuals hourly rate at the time donated.

The District agrees to provide the total dollar amount contributed by the employees to the Employee Organization during the month of January each calendar year, the Employee Organization will indemnify, defend and hold the District harmless against any claims made and against any suits instituted against the District on account of the use of time pool funds.

23.4    The President and his/her designee shall utilize the provisions under this Article for arranging time off for required Employee Organization business, and handle all payments made from the pool.

23.5    Hours requested and approved either by the President or his/her designee shall be utilized and deducted from the Pool at no cost to the District. Requests for Time Pool hours shall be submitted in writing three (3) calendar days prior to the date being requested.

23.6    Only dues paying members of good standing who donate earned personal leave time hours shall be eligible to request and receive a donation of Time Pool dollars, or be eligible to work any Time Pool hours in accordance with Article 23.3

In the event of any staffing shortages caused by members attending Employee Organization business the cost of replacing such members shall be paid from the Employee Organization Time Pool, to the District upon the District submitting a payment request.

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25.1    This page intentionally left blank.

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26.2    This Article shall not preclude employees from raising grievances should decisions of the above matters have the practical consequences of violating the terms and conditions of this Agreement.

26.3    All members of the Union and all new employees shall be furnished within fifteen (15) working days of the signing of this agreement, or within fifteen (15) working days of hiring, a copy of the following:

(a) Job Description of the position employed (shall become addendum 1)

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27.2    To be paid in one lump sum within the pay period of the employee's anniversary date.

27.3    Annual salary is defined as the 'base' rate of pay received from anniversary date to anniversary date.

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28.2    In the event that uniforms and gear are damaged during the performance of employee’s duty and in the absence of employee negligence, the cost for replacement or repair shall be incurred by the District, subject to the approval of the Chief or his designate.

28.3    The District agrees to furnish each employee with the following uniform items that are needed to bring employees up to the required amount of uniforms:

* Inspectors - six (6)

** Shoes will be worn on duty only, when the shift is over, shoes will be placed in the employee's locker

28.4    Department issued work shorts will be worn when the majority of employees on shift will determine the issue of wearing shorts or pants. While on rescue calls it is recommended, but not required that the employee wear his/her 2 piece suit. If the temperature forecasted would be 60 degrees or lower, pants will be worn when reporting for duty. If the majority agree after reporting, employees may change to shorts. This will be considered department dress code for all employees covered by this agreement. These shorts will be worn with plain white socks no higher than mid-calf with department issued shoes. All other calls the employee will have bunker gear on. Fire Inspectors will not be covered under this Section 28.4 of this article and are not issued work shorts or pants (BDU).

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29.2    Off premises only for essential supplies with approval of Captain.

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30.1     Employee paychecks shall be issued on a bi-weekly schedule. All paychecks shall be direct deposited on Wednesday; funds shall be available in employee’s account no later than Friday, 10:00 AM.

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ARTICLE 31

PENSION

31.1    The parties having discussed the pension program at the bargaining table agree that the Pension Plan adopted May 30, 1995, shall be incorporated herein by reference. The parties will negotiate any changes to the Pension Plan.

31.2    The parties agree that the amount each member in the system shall be required to contribute to the fund is 5% of his/her salary. 

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33.1     Sufficient personnel shall be maintained on duty and available for response to alarms. Sufficient personnel shall be available to provide a minimum of 12 State Certified Firefighters, from the Suppression/Prevention division.

33.2     If sufficient personnel are not available to meet the minimum staffing requirements, fire fighters shall be retained or recalled on overtime. Units shall not be placed out of service for reasons of insufficient personnel.

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34.2    It is to be understood that this policy applies only to personnel who are on duty. It does not apply to off duty personnel who would like to show family members or acquaintances the fire stations and equipment. It does not apply to school groups or passers-by who are interested in touring the fire stations.

34.3    Variances to this policy may be made by the Chief's office to provide for special functions that may arise.

34.4    Visiting will be permitted between the hours of 1730 and 2100.

34.5    Spouses or acquaintances will only be permitted to enter the day room area for an emergency reason or to deliver food. Exit to be prompt upon completion of such business.

34.6    Under no circumstance will spouses or acquaintances be permitted in the bunk rooms or dispatch rooms.

34.7    Family meetings and or visitations with acquaintances must take place in the rear parking areas of the stations, or designated area in apparatus bay.

34.9    Visitors are responsible for the safety of their children. Children must be under direct supervision.

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35.2    The District agrees to abide by State Statutes as they apply to any disease outlined in the Statutes dealing with presumption.

35.3    The District agrees to provide the following insurance coverage:

35.4    The parties agree to allow the Insurance Committee, consisting of Union and Management members, to shop the market prior to the expiration of the current contract, to insure the best possible rates and coverage's.

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36.2    Employees other than forty (40) hour employees shall receive 11.2 hours of straight time pay for each such holiday.

36.3    Employees working a forty (40) hour work week shall have such holidays off with compensation at their regular hourly rate for eight (8) hours. 

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ARTICLE 37

EDUCATIONAL OR TRAINING PROGRAM

37.1    EDUCATIONAL OR TRAINING PROGRAMS:  The District and the Union agree that the District will pay for any training or courses required to obtain state certification. in addition, the District shall reimburse members of the Union 100% for obtaining an "A"; 90% for a "B"; and 80% for a "C" for classes taken for a Bachelor degree. The reimbursement towards the Bachelor degree will be a maximum of $10,000 total. The District shall reimburse members 100% of cost for paramedic classes and classes taken towards an AS degree upon completion with a passing grade. All degrees must be in fire science or service related field. 

37.2    The District will reimburse the member $15.00 per night when attending any approved Educational or Training programs offered at the Florida State Fire College.

37.3    The District agrees to pay compensation in the following schedule to any employee organization member holding the following certifications:

Special Operations coordinators will be selected based upon previous experience in the specialty, current certifications in the specialty and an interview with the Deputy Fire Chief/Training Officer. Coordinators in each specialty will be afforded up to a maximum of 24 hours of extra time a year to be used for mandatory meetings and or mandatory training sessions, as approved by the Deputy Fire Chief; each coordinator may have only two specialties...

*** (Incentives I and J - Plans Examiner/Asst. Fire Marshal Position Only)

(Must be in the position of Fire Inspector)

** Advancement through Steps is through educational and practical experience as per attached.

37.4    Union members shall be eligible for any five (5) certifications. EMT certifications will not be paid once an employee advances to paramedic. Pump operators certification will not be paid after an employee reaches Firefighter 

Step 4.

37.5    Approval of training courses will be at the discretion of the Chief's office. Eligible training courses are considered to be those which, in the opinion of the Chief's office are directly related to an employee's current position or to a related higher position and which will improve performance in the current position or prepare the employee for advancement to a higher level of responsibility within that employee’s chosen career ladder.

The classes required to obtain certifications listed above in section 37.3 shall automatically be approved.

37.6    If an employee voluntarily terminates employment with the District within one year after receiving a reimbursement for any training or course work, the employee will be required to immediately refund the amount received, to the District. If an employee terminates employment with the District within three years after receiving reimbursement for any course work toward the Bachelor degree under the District’s reimbursement program, the employee will be required to reimburse the amount received, to the district. If the employee should fail to do so in a reasonable period of time, the District will be entitled to deduct such amount from any wages which may be due the employee upon termination or seek other means of reimbursement.

37.8    Basic Fire Service instructors will conduct independent instruction, class room and field as necessary, as well as instruction assigned by the Training Officer. CPR instructors shall teach sixteen (16) hours of classroom instruction per year. Should the Union member not teach the assigned instruction, the member shall lose the monthly compensation.

37.9    Special Operations Coordinators will receive $40.00 bi-weekly and may coordinate a maximum of two (2) specialties. Coordinators will receive incentive pay as long as the program is in effect. If a coordinator withdraws from the program or is removed, incentive pay will not be received. Incentive pay as a Coordinator will not count against the number of incentives stated in 37.4.

37.11  All incentive pay provided by the district in this Article would be included in base pay for pension only.

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Step 1: A privileged fire fighter/paramedic who has:

A.  Successfully completed an Advanced Cardiac Life Support Program    

Step 2: A privileged fire fighter/paramedic who has:

A.  One year of continuous road experience

B.  A.C.L.S. Provider

C.  Successfully completed the Basic/Advanced Trauma Life Support Program

Step: A privileged fire fighter/paramedic who has:

A.  Two years of continuous road experience

B.  ACLS Provider

C.  BTLS Provider or equvalent

D.  Successfully completed the Advanced Pediatric Life Support Program

     (A.P.L.S. Provider) or equivalent

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38.1    The parties agree that the District shall supply and maintain the following at each fire station:

Any additional fire stations opened during the duration of this agreement the District agrees to furnish the above listed items.

38.2   The District shall not be