2010-59 IAFF Collective Bargaining Agreement RESOLUTION 2010-59
• A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING A COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE VILLAGE AND THE
PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY,
LOCAL 2928, IAFF, INC. AND AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE THE AGREEMENT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the prior Collective Bargaining Agreement between the Village and the
Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. ("IAFF")
expired on September 30, 2010; and
WHEREAS, the Village and the IAFF have negotiated a new three-year Collective Bargaining
Agreement effective retroactive to October 1, 2010 and Village Administration recommends
Council approval of the new Collective Bargaining Agreement; and
WHEREAS, the Village Council determines that the approval of the new Collective Bargaining
Agreement is in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein.
Section 2. The Village Council hereby approves a new Collective Bargaining Agreement
between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local
2928, IAFF, Inc., a copy of which is attached hereto and incorporated herein, and authorizes the
Mayor and Village Clerk to execute the Collective Bargaining Agreement on behalf of the
Village. Upon ratification by the IAFF, the Agreement shall be retroactive to October 1, 2010
and shall expire on September 30, 2013.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 28th DAY OF OCTOBER. 2010.
illa a Seal
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MAYO
• ATTEST:
VILLAGE CLERK
A.~
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PROFESSIONAL FIREFIGHTERSIPA~2.A-MEDICS OF
PALM BEACH COITNTY, LOCAL 2928, IAFF, INC.
2010-2013
~$~~A
ARTICLE
PREA1~iSLE
This Agreement is entered into by and between THE VILLAGE OF NORTH PALM BEACH, a
municipal. organization, hereinafter referred to as the "VILLAGE" and the PROFESSIONAL
FIREFIGHTERSiPARA~IEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.,
hereinafter referred to as the "UNION", for the purposes of promoting harmonious relations
between the two parties, to establish an orderly and peaceful procedure fQr settling differences
which may arise, and to set forth the basic and full Agreement between the parties concerning
wages, hours, terms and conditions of employment.
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ARTICLE 2.
RECOG1vITION
1. The VILLAGE recognizes the Professional Firefighters/Paramedics of Palm Seach
County, Local 2925, IAFF, Inc., as the certified bargaining agent and exclusive representative of
all public safety firefighter/paxarnedics, public safety firefighter/EMTs, and public safety
paramedics as defined in Certification No. 1259 granted by the Public Employees Relations
Commission (PERC) on May 25, 1999, for purposes of collective bargaining suith respect to
wages, hours, and/or terms and conditions of employment.
2. 2. The term "employee" in this Agreement means those individuals employed by the
VILLAGE in positions represented by the UNION regardless of membership in the
UNION.
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ARTICLE 3.
VALIDITY
If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall
not be affected thereby. In the event a monetary provision of this Agreement is held invalid, the
parties, at the request of either party, shall meet as soon a practicable and reapers negotiations of
the affected monetary provision(s) of this A~eemente
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ARTICLE 4.
WORKER'S COI~IPENSATIONION THE JOB INJURIES
1. The VILLAGE will carry Worker's Compensation coverage far all employees covered by
this Agreement in accordance with the law.
2. No benefits or payment under this Article shall be made where the disability is self
inflicted, or the disability continues as a result of the employee's failure to fully cooperate with
medical advice or corrective therapy, or where drugs/alcohol are present at the time of the injury
and are causally connected to the incident giving rise to the injury.
3. In the event of an on-the job injury determined to be compensable under the provisions of
the Workers' Compensation Act far a regular full-time employee, said employee will be carried
at full pay up to 180 days per year less any workers' compensation benefits. In order to be
considered for this injury in line of duty benefit, the following conditions must be met.
A. The employee must provide written testimony of evidence that his injury was received in
the line of duty. An injury received while the employee is attending a depaxtment
approved school or training program shall be considered a Line of duty injury.
B. Any employee who has a claim for compensation because of an injury on the job as
described above shall file a claim, on the form provided by the VILLAGE, with the
Director of Public Safety.
C. Any employee who is able to return to work after a jab related injury shall be reinstated
to his former job, provided he is qualified to perform all of the duties and responsibilities
of his previous position and is certified by a medical doctor prior to the employee
returning to work. The VILLAGE may require confirmation of fitness to return to work.
D. If the employee is unable to assume his former responsibilities, the employee shall have
first preference to fill another Village Public Safety position, if a vacancy occurs, and the
employee qualifies for such position.
E. Nothing herein shall require the VILLAGE to create a light duty position when there is
no aperational or fiscal justification for its creation.
4. Employees shall immediately report to the VILLAGE any and all injuries which require
treatment by a physician and which occur while on duty.
5. The VILLAGE shall have the right to conduct apost-accident drug test of any and all
employees involved in a vehicular accident or other reportable incident which requires that any
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involved vehicle be towed from the scene of the accident or any involved individual receive
medical treatment as a result of the vehicular accident or other reportable incident.
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ARTICLE 5.
HEALTH 11ISLI12A_~TCE
1. The VILLAGE agrees to provide two health insurance plans {an HiVIO and either a PPO
or POS} from which employees may choose coverage. The VILLAGE agrees to pay one
hundred percent (100%) of the medical, dental and hospitalization insurance prenuums for the
employee and twenty percent (20%} of the employee's dependent's medical, dental and
hospitalization insurance for the medical, dental, and hospitalization plan with the lowest cast of
the two plans offered by the VILLAGE. if an employee chooses coverage under the medical,
dental, or hospitalization plan with the higher cost, the employee shall be responsible for the
difference in premium cost between the cheaper and more expensive plans. The VILLAGE shall
apply all premium contributions paid by, or withheld from the employee to the cost of the
en:~ployees' dependents' coverage. Both insurance plans include prescription drug coverage. The
benefits of these insurance plans shall be those set forth in the insurance master plan distributed
to ail employees.
2. It will be the responsibility of the employee to notify the VILLAGE in writing within
thirty {30) days in the event that dependent coverage is no longer required due to a change in
marital status or for any other reason. Should the ernpioyee not notify the VILLAGE of said
change, the employee shall reimburse the VILLAGE for the amount paid for his dependent
insurance coverage premium from the date of status change.
3. The VILLAGE retains the right to determine the insurance carrier or it may self-insure if
_ it so desires. In any event, the VILLAGE shall offer the same plan of medical, dental, and
hospitalization benefits to employees covered by this collective bargaining agreement as those
benefits offered to all other employees of the VILLAGE.
4. The VILLAGE shall provide a life insurance policy to all employees in the bargaining
unit with a benefit payable at the maximum level allowed by IRS regulations befoxe imputing
added employee compensation (currently $50,000 or $25,000 after age 70}. This life insurance
benefit will be in lieu of any short or long terra disability insurance benefit.
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ARTZ~I.E 6,
PENSION
The VILLAGE and the UNIOi\l have a mutual desire to study the feasibility of enhanced
pension benefits for bargaining unit members, but to do so requires additional time to gather data
and study benefit options. To facilitate closure of the collective bargaining process, avoid
impasse proceedings, and allow for implementation the parties' tentative agreement on the
balance of the collective bargaining agreement, including the provision for a retroactive
compensation adjustment, the parties agree as follows:
A. The parties will reduce to writing and submit for ratification a collective
bargaining agreement which incorporates the tentative agreement of the parties, with the
exception of a provision regarding pension benefits.
B_ The Village Manager will form afact-finding committee comprised of three {3}
administrative personnel appointed by the Village Manager, one of whom may include the
Village Manager, and one {1) individual appointed by the PBA, and one {1) individual appointed
by IAFF to review the fallowing:
1. six (b} year vesting;
2. increasing the multiplier to 3.0% with a 75% cap;
3. normal retirement at age 52 or 2S years of service;
4. discontinuance of lump sum payments;
5. capping overtime for pension purposes; and
b. initiating employee contributions to date of hire.
This review shall be in an effort to evaluate various strategies to provide a financially prudent
means of delivering retirement income to police officers and firefighters and providing program
enhancements valued by current members of the pension program.
C. Financial consultants and/or actuaries required to conduct the study will be
selected by the fact committee with the necessary expenditures shared equally between the
Village and the Pension Board.
D. The fact-finding committee shall conclude its review and report its findings of
fact in writing to the Village Council and Village's Police & Fire Pension Board by July 1, 2007.
E. At the conclusion of the study period the VILLAGE and the IAFF shall reopen
collective bargaining for continued negotiation of only this Article addressing pension benefits.
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ARTICLE 7.
1VIATERNITY LEAVE
1. Whenever an employee shall become pregnant, she shall furnish the Director with a
certificate from her physician, stating the approximate expected date of delivery. Such notice
shall be given not less than thirty {30) days before the date the leave is to begin.
2. She may continue to work in her regularly assigned job classification until her physician
certifies that she is no longer able to perform the essential functions of that job. Maternity leave
shall start with cessation of actual work and continue for a period not to exceed six (6) months,
provided that in all cases an employee shall be permitted to talce at least twelve weeks leave after
the actual delivery. Tf the employee desires to be paid while on maternity leave, paid leave shall
be exhausted in the following order: sick leave, vacation, other personal leave.
3. Maternity leave may be extended if medically necessary, as determined by the
employee's doctor.
4. Nothing herein shall prohibit an employee from requesting and receiving apre-delivery
ar post-delivery accommodation as requested by the employee's doctor, under ADA standards
far arty disability associated with, or caused by her pregnancy.
5. Fathers of children less than three months of age shall be entitled to leave under the
following conditions:
A. Employees may utilize vacation leave if a vacation slot is available.
B. Employees may still use vacation leave if no vacation slot is available, but will
have their vacation bank charged at one and one-half {1.5) hours of vacation leave for every hour
of vacation leave used if utilization of such leave causes the VILLAGE to incur overtime. Under
this scenario, employees will be paid one and one-half hours of pay for each one and one-half
hours of vacation leave utilized.
C. If an employee has no remaining leave time in his vacation bank, the employee
may take unpaid leave with the approval of the Public Safety Director.
D. Employees shall not be permitted to utilize sick leave for the purpose of paternity
leave.
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ARTICLE S.
PAID BEREAVEN[ENT LEAVE
1. The VILLAGE agrees that when a death is imminent or occurs in the family, (family as
herein defined}:
father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-
in-law, brother-in-law, sister-in-law, grandparent, spouse's grandparent, foster parent, nephew,
niece, aunt, uncle, first cousin, step-father, stepmother, half-brother, half-sister, step-brother,
step-sister or step-child of the employee.
2. An employee scheduled for five {5), eight {8} hour days, shall be allowed three (3}, eight
(8) hour days of bereavement leave with pay for purposes of bereavement. A request for
additional time maybe granted, subject to the discretion of the Village Manager or his designee.
3. An employee scheduled for twenty-four (24) hours on duty and forty-eight (48) hours off
duty, shall be granted twenty-four (24} hours for bereavement leave with pay for purposes of
bereavement. Employees shall be granted, upon request, an additional twenty-four {24}-hours of
bereavement leave without pay. Employees may utilize vacation or other personal leave time in
order to be paid for the additional twenty-four (24) hours of unpaid bereavement leave. A
request for additional time maybe granted, subject to the discretion of the Village Manager or
his designee.
_ 4. An employee who is notified of the death of a family member as defined in Section 1
above while on duty shall be immediately, or as soon as is practically possible, released from
duty for the remainder of his or her shift with pay. The remaining hours of the shift from which
the employee is released shall not be counted against any bereavement leave provided in Section
2 or Section 3 above.
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ARTICLE 9.
lYIII:ITARY LEAVE
1. Employees who are members of the U.S. Armed Forces Reserves or the National Guard
will be granted leave in accordance with state and federal law, including travel time, for the
purpose of attending annual active duty for training.
2. _ A copy of employee's Military Orders are to be forwarded to the Director or Village
Manager prior to taking military leave.
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AxTicLE ia.
SICK LEAVE
1. Sick leave will be paid when the employee is absent from duty due to the following
reasons:
An employee's injury or illness or necessary medical treatment which precludes him ar
her from reporting for duty,
Any injury, illness or necessary medical treatment of an employee's spouse, child, step-
child or parent who resides in the employee's home which requires the employee's help to care
for him or her or to obtain the necessary medical treatment.
2. The employee will certify on the appropriate Personnel Action Form upon his or her
return to duty that he or she was not able to report for duty due to one of the above reasons.
3. Effective the first full pay period after ratification, employees will accrue 0.0481 hours of
sick leave per regularly scheduled hour of work, which regularly scheduled hours of work shall
include all regularly scheduled hours {2,080 hours per year for 40 hour employees and 2,496
hours per year for 48 hour employees) so long as an employee is in that pay status. An employee
on paid sick leave shall continue to accrue all benefits as if on active duty, eYCept that paid sick
leave shall not be considered days worked for overtime purposes. A second sick leave accrual
bank (Bank #2, called "IAFF sick leave") shall be established and maintained by the Village for
_ ail time accrued under this new Sick Leave accrual rate. Future conversions of leave utilizing
this "new" accrual rate in between 48-hazer and 40-hour shifts will not be conducted.
The Village shall maintain intact, the original employee sick leave accrual bank, {Bank
#1 called "sick leave") [with na conversion] to be utilized in accordance with the prevailing sick
leave policy. Employees shall exhaust all accrued sick time in Bank #1 prior to utilizing sick
time accrued in the newly established Bank Accruals and deductions will appear for both
Banks on the employee's pay stub. The original sick leave bank, Bank #1 shall be maintained
until such time as all accrual balances in that bank has been exhausted for each employee
_ individually.
4. Qniy a member's bank of accrued sick time in Bank #1 will be adjusted using the
following formula, when the member is separated from service or assigned to a different
schedule, excluding temporary assignments:
The formula for converting sick leave from the 48 hour accrual rate to the 40 hour accrual
rate is as follows:
1. Number of sick leave hours accrued (48 hour accrual rate)
2. divided by 24
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times 8
4. = number of sick leave hours to be paid (at 40 hour pay rate}
Example:
Sick hours accrued (48 hour rate) - 288 hours
Divide sick hours by 24 = 12 days (288 hours/24)
Convert sick hours to
40 hour accrual = 96 hours (12 days x 8)
A$er the conversion, any sick leave pay to an employee is paid at the 40 hour pay rate.
S. Sick leave maybe accumulated with no maximum. Any employee with less than seven
(7) years of service to the VILLAGE who voluntarily terznixzates ezxzployment, or who retires or
dies while in the service of the VILLAGE, shall receive payment equal to fifty percent (SO°/a) of
up to a maYirnum of four hundred eighty {480) unused accrued sick leave hours (which equals a
maximum of two hundred forty (240) hours payment). Employees with seven (7) or more years
of service to the VILLAGE sha11 receive payment equal to seventy-five percent (7S°/o} of up to a
maximum of four hundred eighty (480) unused accrued sick leave hours. This payment
provision does not apply to any employee who is discharged for cause. A deceased employee's
pay for sick leave shall be paid to the estate of the decedent.
6. Sick Leave Reimbursement
A. Employees who have accrued three hundred eighty four (384) hours of sick leave
_ ("minimum base"} in Bank #2 may request reimbursement for sick leave accrued
over the minimum base. Reimbursement by the VILLAGE will be on a 50%
basis for every sick day hour above the minimum. Leave accumulated in Bank #1
will not be eligible far sick leave reimbursement upon the effective date of this
contract.
B. Sick leave reimbursement is a voluntary right of the employee. An employee can
only submit a request once per year during the month of May. The VILLAGE
will reimburse the employee no later than November 30 of each year.
C. The Human Resources Directar will be responsible far establishing a
reimbursement form and accounting for the base and other data necessary to
financially administer this program.
D. The employee will be required to sign a certificate/affidavit confirming that the
reimbursement for the sick leave is final and will not be subject to the grievance
process.
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7. An employee who has been declared either physically or psychologically unfit for duty
by a Doctor approved by the VILLAGE, when ordered for a fitness for duty exam by the
VILLAGE, shall be required to use accrued sick leave while out of work on medical leave.
8. Employees who use zero sick leave hours in any consecutive six month period of time
shall receive 12 hours of personal leave time which shall be available for use in the same manner
as vacation leave or compensatory time.
9. An employee is responsible for the appropriate use of sick leave. Sick leave abuse occurs
when an employee uses sick leave for unauthorized purposes or falsifies the actual reason for
charging an absence to sick leave. Abuse may also occur when an employee establishes a pattern
of sick leave usage over a period of tune such as the day before or after a holiday, on Niondays
and Fridays, after paydays, any one specific day, half-day, or a continued pattern of maintaining
zero or near zero leave balances. Sick leave abuse is misconduct and can result in disciplinary
action in accordance with Article 12.
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ARTICLE 11.
COURT APPEAR~~'VCES
1. Any member required to attend a judicial matter arising from the performance of his/her
duty shall be compensated for said services as follows:
A. Attendance while on duty, payment at regular pay scale.
B. Attendance while off duty, payment of one and one-half hourly rate.
C. A minimum guarantee of two (2} hours payment will be made far any appearance
under this article to an employee who is off duty on the day of the appearance but
the appearance is more than two {2) hours before the be° nning or more than two
(2) hours after the end of the employee's shift. If the employee is on duty on the
day of the appearance but the appearance is Less than two (2) hours before the
beginning or less than two (2) hours after the end of the employee's shift, the
employee will be paid for the actual time spent attending the judicial matter.
D. Witness fee shall 6e retained by the employee.
2. IVlembers urho are required to attend a judicial matter arising from performance of his/her
duties shall give notice to the Public Safety Director and the Village Attorney. Rescheduling
may be requested and coordinated by the VILLAGE.
- 3. Payment shall be made as soon as possible (by the next) payroll period following
completion of the service.
4. Travel in excess of twenty (20) miles outside the perimeter of the VILLAGE shall be
compensated as one {1) hour of wages for the employee concerned.
5. Employees who are summoned to jury duty by a court of competent jurisdiction will be
granted time off with pay. Any employee who is released or temporarily excused from jury duty
and has more than half a normally scheduled work day remaining, shall report to work as soon as
possible after being released or excused.
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ARTICLE 12.
MANAGENIEi~iT RIGHTS
1. It is recognized and agreed that, except as specifically stated herein, the VILLAGE
retains whatever rights and authority it possessed prior to entering into this Agreement, including
but not limited to the right to operate and direct the affairs of the VILLAGE and its Public Safety
Department in all its various aspects; to direct the working forces; to plan, direct, and control the
operations and services of the Department; to determine methods, means, organization and
personnel by which such operations and services are to be conducted; to assign and transfer
employees; to hire and promote; to demote, suspend, discipline, or discharge for just cause; to
relieve employees for lack of work or for other legitimate reasons; to make, establish, and
enforce rules and regulations; and to change or eliminate existing methods, equipment, or
facilities (provided, however, that such actions are not inconsistent with the terms of this
Agreement) .
2. The UNION and the VILLAGE recognize that the residents of North Palm Beach are
entitled to receive services at the highest possible level, subject to budget constraints. Therefore,
the UNION pledges that it will encourage employees to increase their productivity and raise their
individual level of service in order to provide and maintain the delivery of services at the highest
possible level.
3. The UNION agrees that all employees covered under this Agreement shall comply with
all Village Personnel Rules and Regulations, including those relating to conduct and work
performance, unless such rules and regulations conflict with this Agreement.
4. If, at the discretion of the Village Manager or his designee, it is determined that a civil
emergency condition exists, including but not limited to riots, civil disorders, hurricane
conditions or other catastrophes, the provisions of this Agreement may be suspended by the
Village 1~Ianager, or his designee, during the time of the declared emergency, provided that the
wage rate and monetary fringe benefits shall not be suspended.
S. Those inherent managerial functions, prerogatives and policy making rights which the
VILLAGE has not expressly modif ed or restricted by a specific provision of this Agreement are
not in any way subject to the grievance and/or arbitration procedure contained herein.
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ARTICT~E ~3.
SENIORITY
1. Seniority shall be defined as length of service with the Village Public Safety Department
as determined by an employee's date of hire. In the event that two employees in the same
classification have the same date of hire, seniority shall be determined by length of service
within classification.
2. Seniority will govern selection of vacation schedules and preference in working overtime,
provided the Public Safety Director has the final authority to over-ride seniority for extraordinary
operation reasons and his decision in that regard is not grievable. When the Public Safety
Director over-rides a request based on seniority, he shall inform the requesting party in writing of
the basis of his decision.
3. Where a promotional opportunity shall occur and two or more employees are under
consideration, the Director shall give due consideration to seniority and qualifications.
4. In the event of a layoff, an employee may displace the employee with lesser seniority in a
lower classification provided the employee has prior service in said lower classification and
provided further that the following factors are substantially equal:
A. Sufficient ability and qualifications to perform the work.
B. Performance evaluation.
- C. Physical condition and job attitude.
5. In the event of substantial inequality of these factors as between employees in the same
classification and department, the employee with the higher values of factors A, S, and C in the
aggregate, shall be retained.
6. An employee shall be recalled in inverse order of layoff
7. An employee shall lose his seniority as a result of the fallowing:
A. Termination
B. Retirement
C. Voluntary resignation
D, Layoff exceeding six {6} months
E. Failure to report to the Village Manager, or his designee, intention of returning to
work within three {3) days ofreceipt of recall, as verified by certified mail, return
receipt.
F. Failure to return from military leave within the time limits prescribed by law.
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G. Failure to return from an authorized Ieave of absence upon the expiration of such
Ieave.
8. Seniority shall continue to accrue during ail types of leave approved by the VILLAGE.
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ARTICLE 14.
PAID VACATIrONS
1. Vacation days accrue but may not be tal~en during the first one hundred eighty {180} days
of service. Exceptions to this general rule may be made by the Director at his discretion. All
personnel who have completed one hundred eighty {180} days or more of full-time service shall
be entitled to take vacation with pay in accordance with the following accrual schedule;
LENGTH OF SERVICE DAYS OF VACATION
40 Hour Emplovees 24 Hr. Employees
and Paramedics
Less than 6 Years l0 working day = 80 hours 5 Shifts = 2 weeks = 120
hours
6 Years but less than i5 working days = 120 hours 7 Shifts = 3 weeks = 168
hours
IO years
10 Years and over 20 working days = 160 hours 10 Shifts = 4 weeps = 240
hours
2. Vacation, sick leave, or any other paid leave, shall be included in the computation of the
one year of required full service.
3. (A) Vacations shall be scheduled frorn~ January 1 to December 31. The VILLAGE
shall determine the number of employees who can be off on vacation at any time throughout the
year. Employees may not schedule vacation time off in excess of their anticipated available
accruals including existing banks.
{B) In October of each year, the VILLAGE will advise how many employees maybe
scheduled off for vacation during the next year beginning January 1 per shift.
{C) During the month o.f November, employees shall select vacation periods by
seniority on a per shift basis. Vacations selections shall be made in three (3) rounds:
(i) First Round - No later than November I5, all employees must submit
requests to select a minimum of three {3} or more consecutive shifts (which znay include Kelly
Days). First round selections shall be limited to no more than ten (10} shifts, which includes
Kelly Days, provided that the Director may approve vacation selections greater than ten (IO)
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shifts. Such approval shall not be unreasonably denied. No part of any vacation lasting eleven
{11}shifts or more {including Kelly Days) may be cancelled.
{ii) Second Round - No later than November 1 S, employees may submit
requests to schedule another single group of {i or more} consecutive shifts of vacation tune.
First and second round vacation awards shall be made no later than November 30.
(iii} Third Round - On the first A, B, and C shifts in December, the Director or
his designee will begin to accept applications far vacation scheduling for the upcoming year,
which shall be on a first came, first serve basis. If two {2) or more requests for the same
vacation day are received on the same day, the employee with the most seniority will receive the
requested vacation day. Employees shall be notified no later than the end of their shift following
the shift in which their request was made as to whether their request has been approved or
denied. Denied vacation request forms shall be kept on file by the Director or his designee and
should the requested vacation time become available, the denied vacation. request shall be
considered for approval. The date of submission of denied tune shall then constitute the date for
the first come, first serve basise
{D) Once approved, vacation times shall not be rescinded by the VILLAGE except in
the event of a major emergency {i.e. earthquake, tropical storm, hurricane, or civil emergency}.
(E) Employees may cancel or request vacation time only if at least sixty two {G2j
hours notice is provided from the start of the leave period, including Kelly Days. Requests or
cancellations, if made with Less than the required notice, but prior to the start of the leave period,
maybe granted at the discretion of the Director ar his designee, however, no request will be
_ unreasonably denied.
{F) Emergency Leave -Employees shall be granted emergency leave as necessary,
subject to the approval of the Director or his designee, and such approval shall not be
unreasonably denied. Once granted, emergency leave shall be charged as actual time used in
quarter-hour increments. If the reason for the absence is a qualified use of sick leave, emergency
leave shall be charged to the employee's sick leave allotment. If not, the absence shall be
charged to compensatory time and finally to vacation time.
{G} Vacation time may be taken in a minimum of two {2) hours and thereafter hour
for hour.
4. Employment terminated without cause, or by layoff, or by retirement, illness or injury
shall not affect payment of earned vacation time. An employee shall not lose his vacation with
pay if incapacitated due to an injury or illness incurred in the line of duty. The vacation time
shall be reassigned upon return to duty.
5. If employment is terminated by death, the estate of the employee shall receive payment
for the earned vacation days.
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6. Vacation days shall be credited and reported per pay period, to indicate hours accrued
less hours taken, reflecting net vacation hours available per pay period.
7. A member's bank of accrued vacation leave will be adjusted using the following formula,
when the member is assigned to a different shift schedule, excluding temporary assignments:
The formula for converting vacation leave from the 48 hour accrual rate to the 40 hour
accrual rate is as follows:
1. Number of vacation hours accrued (48 hour accrual rate)
2. times 2, divided by 3
3. = number of hours to be paid {at 40 hour pay rate)
Example:
Vacation hours accrued {48 hour ra#e} = 120 hours
Convert vacation hours to
40 hour accrual = 80 hours (120 hours times 2, divided by 3}
After the conversion, any vacation leave pay to an employee is paid at the 40 hour pay rate.
8. The maximum number of vacation days an employee may accrue is the unused days
accrued during the employee's previous two {2) year period. Any employee, other than an
employee who is discharged for cause, who voluntarily terminates, retires or dies while
- employed by the VILLAGE, shall receive payment equal to one hundred percent (100%) of the
unused days of vacation accrued during the two year period prior to termination, retirement or
death. Vacation leave days will be converted to eight {8} hour days before pay out.
9. An employee who has used ten (10} days of vacation time in a fiscal year may request
reimbursement for any unused vacation days above the ten {10} days used. Employees
requesting reimbursement must do so, in writing on a form approved by the Village Manager or
his/lser designee, during the month of October immedia#ely following the fiscal year in which the
ten {10) vacation days were used. The VILLAGE will provide reimbursement no later than the
November 30th immediately following the written request. Reimbursement shall be at 100% of
the employees' hourly rate as of September 30tt1 of the fiscal year in which the ten (10) vacation
days were used. The employee will be required to sign acertification/affidavit confirming that
the reimbursement for the annual vacation leave days/hours is final and will not be sub}ect to the
grievance process."
20
ARTICLE 1~.
PAID HOLIDAYS
1. The following days shall be considered paid holidays:
New Year's Day Thanksgiving Day
Memorial Day Friday following Thanksgiving Day
Independence Day Christmas Eve
Labor Day Christmas Day
Martin Luther King Day President's Day
Veteran's Day
2. In the event tha# the bargaining unit represented by the Palm Beach County Police
Benevolent Assaciation receives a holiday benefit greater than those provided herein, such
benefit shall be equally received by the bargaining unit cavered by this Agreement.
3. In the event an employee calls out sick for all or any portion of the holidays identified in
Section l above, and in the event such use o~ sick leave causes the Village to hire another
employee at an overtime rate, the employee utilizing sick leave on the holiday shall be charged
sick leave at the rate of one and on-half (1 t/z) hours for each ane (1) hour of sick leave used.
21
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ARTICLE Y6.
GRIEVANCE PROCEDG'RE -ARBITRATION
1. In a mutual effort to provide a harmonious working relationship between the parties to
this Agreement, it is specifically agreed and understood that there shall be a procedure for the
resolution of disputes between the parties. For the purpose of this Article, a grievance is defined
as, and limited to, any dispute, difference or controversy involving the interpretation or
application of this Agreement. A dispute over disciplinary action shall be considered an appeal
of disciplinary action unless otherwise grievable. If the dispute is not covered by the grievance
procedure as set forth in the Agreement then the dispute shall be processed as set forth in Article
17.
2. For the purpose of finis Article, time is considered to be of the utmost importance.
Accordingly, any grievance not submitted and/ar processed by the grieving party in accordance
with the tune limits provided below shall be considered exclusively abandoned and shall be
barred, forfeited and forever foreclosed for all contractual purposes and shall result in the
forfeiture of all rights to arbitration. Any grievance not answered or processed by the VILLAGE
within the time limits provided below shall be deemed resolved in favor of the grievant.
3. Grievances shall be presented in the following manner: - - -
Step l: In the event an employee covered by this Agreement believes that there is a basis far a
grievance, as that term is defined above, he shall first discuss the alleged grievance with the
- immediate supervisor, and maybe accompanied by a representative of the UNION, if so desired.
This first discussion shall take place within ten (10} calendar days of the occurrence of the events
which gave rise to the alleged grievance, or within ten (10} calendar days of when the employee
knew or should have known of the existence of the events giving rise to the alleged grievance.
Step 2: In the event that the employee is not satisfied with the disposition of the grievance at Step
1, he may file a formal grievance, on a form approved by the VILLAGE. Such a grievance must
be filed within ten (10} calendar days after the informal discussion is held at Step 1. Said
grievance must be in writing, must be signed by the employee or the UNION as his
representative and must contain: (a) the date of the alleged grievance; (b} the specific article (s)
of this Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged
grievances; and (d) the relief requested. The formal grievance shall be submitted to the Public
Safety Director or his designee. The Public Safety Director shall, within ten (i0} calendar days
after the receipt of the formal written grievance, render his decision on the grievance in writing.
The Director shall reply in writing within ten (10} calendar days of receipt of the grievance.
Failure by the Director to reply within the time period shall be held to be an approval of the
grievance and the remedy sought.
22
St_ ep 3: ha the event that the employee is not satisfied with the disposition of the grievance by the
Public Safety Director at Step 2 he/she shall have the right to submit the grievance to the Village
Manager within ten (10) calendar days after the disposition. Such grievance must be
accompanied by the filing of a copy of the original written grievance. The Village Manager
shall, within ten (l0) calendar days of receipt of the grievance, render his decision, in writing. If
the Village Manager shall fail to reply in writing, such failure shall be deemed as an approval of
the merits of the grievance or dispute and the remedy sought.
4. Where a grievance is general i_t~ nature in that it applies to a number of employees having
the same issue to be decided, or if the grievance is directly between the UNION and the
VILLAGE, it shall be presented directly at Step 3 of the grievance procedure, within the time
limit provided for the submission of the grievance at Step 2, and signed by the aggrieved
employees or the UNION representative on their behalf
5. In the event a grievance processed through the grievance procedure has not been resolved
at Step 3 above, the UNION may submit the grievance to arbitration within ten (10) calendar
days after the Village Manager's disposition of the grievance. Such request shall be in writing to
the other party, and if delivered by mail, postmarked within ten (10) days of the Village
lblanager's disposition of the grievance. The arbitrator may be any impartial pexson mutually
- agreed upon by the parties. However, in the event tike parties are unable to agree upon said
impartial arbitrator, the party seeking the appointment of an arbitrator shall, within five (5) days,
xequest the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names
from which each party shall have the option of striking three (3) names in alternating fashion,
until the parties select a neutral or impartial arbitrator. The party striking first shall be
determined 6y the toss of a coin. The selection process shall occur within five (5) calendax days
- of receipt of the panel list.
6. Whenever the grieving party is satisfied with the disposition of the grievance at any step
of the grievance procedure, or if the grieving party does not process the grievance in accordance
with the specified time limits, processing of the grievance by the VILLAGE will automatically
stop. However, a grieving employee may not partially accept and partially reject a disposition of
his grievance. The employee must either accept or reject the disposition of his grievance, in its
entirety. Thus, for example, if any employee grieves a termination, and is ordered reinstated
without back pay at one of the steps of the grievance procedure, he may not accept the
reinstatement and continue to grieve the loss of back pay. His only choices would be to accept
the disposition of his grievance, or remain discharged and pursue the grievance further.
7. For the purposes of this Article, the term "calendar day" is defined to include every day
e~ccept Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of
whether the grievant is on duty or off duty.
S. The tune limits contained herein are to be strictly adhered to and may only be extended
by written agreement between the parties.
23
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9. The VILLAGE and the UNION shall mutually agree in writing as to tlae statement of the
grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall
confine his decision to the particular grievance thus specified. In the event the parties fail to
agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will
detezmine the statement of the grievance, provided, however, that the arbitrator shall have no
authority to change, amend, acid to, subtract from, or otherwise alter or supplement this
Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to
consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration
oz which is not a grievance as defined in this Article, except to the extent as specificallyprovided
herein or expressly agreed to by the parties.
14. The arbitrator may not issue declaratory opinions and shall confine himself exclusively to
the question(s) presented to him, which questions(s} must be actual and existing.
11. Each party shall bear the expense of its own witnesses and of its own representatives for
the purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and
expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Any
person desiring a transcript of the hearing shall bear the cost of such transcript unless both parties
mutually agree to share such costs.
12. The arbitrator's a-wazd shall be final and binding on the parties.
13. For the first three hundred sixty-fve (365) days of consecutive service with the
VILLAGE, an employee is probationary. That is, the employee serves at the will and pleasure of
the VILLAGE and thus he maybe disciplined or discharge without explanation or for any reason
- deemed sufficient by the appropriate Village official. Accordingly, probationary employees
shall have no right to utilize this grievance/arbitration procedure for any matter concerning
discharge, suspension or other discipline.
14. The Union representative will be furnished with a copy of each grievance filed by an
employee within the bargaining unit.
15. Employees may request to have a Union representative present at any step of the
grievance procedure.
lb. The UNION will not be required to process tlhe grievance ofnon-members. The IJ'NION
will not be responsible for grievances proceeding to arbitration without being first notified by the
VILLAGE in writing (and with a copy of the grievance} by the VILLAGE in a timely manner.
The Union representative will have his/her name, address and all contact numbers on file with
the VILLAGE.
17. The parties agree that the settlement of any grievance by the parties prior to the rendition
of a decision by an arbitrator shall not constiricte an admission that the contract has been violated
24
nor shall such settlement constitute a precedent for the interpretation or application of the
provisions of this Agreement.
18. When arbitrability is raised by the VILLAGE with respect to any grievance, the issue of
arbitrability shall be determined by the arbitrator no less than thirty (30j days prior to
commencement of an arbitration hearing on the grievance itsei£
19. If the VILLAGE does not agree that the matter is arbitrable, notification shall be sent to
the UNIO1i of such within ten {lOj days of receipt of the Union's request to proceed to
arbitration. The parties agree that in such an instance, the VILLAGE may submit solely the
question of arbitrability either to an arbitrator or to a court. If the arbitrability issue is submitted
to an arbitrator, the decision shall be based solely on written briefs, exhibits and affidavits
submitted by the parties, with no Oral argument allowed; and shall be submitted to the arbitrator
within ten days of selection of the arbitrator. The arbitrator shall render the decision within
fifteen days of receipt of the parties' submissions.
20. Whichever party loses on the issue of arbitrability shall pay the costs involved in that
proceeding.
2l. if there is no objection by either party to the arbitrability of the grievance, and the above
mentioned procedure has been fully complied wit~i or results in a determination that the
grievance is arbitrable, the parties shall proceed to arbitrate the grievance.
25
4 ~
ARTICLE 1.7.
DiSCIPLIi~TARY APPEALS
Appeals of disciplinary action shall be handled as follows:
1. An employee who wishes to challenge any disciplinary action, shall file a notice
of appeal to the Public Safety Director within ten (10} calendar days of notice of the disciplinary
action. When an employee has received a written counseling, the employee may, within 10 days
of receipt of the written counseling, submit a written rebuttal which shall be attached to the
written counseling document in the employee`s personnel file.
2. Upon receipt of a notice of appeal, the Public Safety Director or his designee shall
have ten (10) calendar days to review the discipline and to advise the employee that the
discipline is either (i) sustained; (ii) reversed; or (iii) modified. Failure of the Public Safety
Director to respond within ten {10} calendar days shall constitute a determination that the
discipline is sustained.
3. An employee who is not satisfied with the Public Safety Director's decision can
further appeal a discipline to the Village Manager. Upon receipt of a notice of appeal, the
Village 14lanager shall have ten (10} calendar days to review the discipline and to advise the
employee that the discipline is either (i) sustained; {ii) reversed; or (iii) modified. Failure of the
Village Manager to respond within ten (10) calendar days shall constitute a determination that
the discipline is sustained. The decision of the Village Manager shall be final unless appealed as
hereinafter set forth.
4. The UNION may appeal a discipline greater than a written reprimand to
arbitration using the same procedure for appointment of an arbitrator as set forth in Article 15
above. The request for appointment of an arbitrator must 6e made to the Village Manager in
writing within ten (10} calendar days of the Village Manager's decision. The decision of the
arbitrator shall be made within thirty (30} days following the conclusion of the hearing or the
deadline for closing briefs, whichever is later. The arbitrator may sustain, reverse, ar modify the
discipline which was set by the Village Manager. The decision of the Arbitrator is final and
binding on the parties.
5. No employee shall be subject to discipline of any type without just cause. No
employee shall 6e subject to a suspension without pay or a termination without first being
afforded apre-determination conference with the Village Manager or his/her designee. No pre-
determination conference shall be conducted with less than ten (10) calendar days notice to the
employee.
26
ARTICLE 18.
UNION ACTN[TiES
1. An employee shall have the right to join or not join the UNION, to engage in lawful
concerted activity for the puzpose of collective bargaining or Other mutual aid or protection, to
express or communicate any view, grievance, complaint or opinion relating to conditions of
employment or compensation, through duly appointed UNION representation, all actions to be
free from any and alI restraint, coercion, discrimination or reprisal by the VILLAGE or the
UNION.
2. Union officials and/or members, no more than two (2}, shall be granted reasonable time
during working hours, without loss of pay, to negotiate with the representatives of the
VILLAGE.
3. Reasonable time shall be granted for the processing of grievances with a duly designated
representative of the UNION during working hours. The VILLAGE, in its discretion, may stop
the use of such time off if it interferes with productivity or manpower needs. However, the
exercise of suclZ right on the VILLAGE'S part shall not be arbitrary or capricious, nor shall it
allow the VILLAGE to proceed in a manner which deprives the employee of his or her right of
representation. A UNION representative shall be permitted to accompany a fellow employee in
circumstances such as:
A. The employee is required to appear at a hearing related to a grievance.
B. The employee is presenting or responding to a grievance.
C. The employee is subject to interrogation in conjunction with an internal affairs
investigation.
D. The employee is attending apre-deternnination hearing.
4. The Village Manager shall be immediately notified in writing, of changes of appointed
Union representatives.
5. Union representatives shall be permitted to wear Union insignia while on duty. Said
insignia shall be approved by the Director ar his designee.
6. There shall be created a pool of time to be known as Union Tirnc Pool. Each employee
who is a member of the UNION shall contribute six (6} hours of straight time to the Union Time
Pool through a deduction of six (6) hours off of the eight (S) hours of holiday pay received for
the New Year's Day holiday except during the first fiscal year of this agreement when the
27
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deduction of six (6j hours shall be taken from the eight (sj hours of holiday pay far the IVIartu1
Luther King, Jr., holiday.
The Union Time Pool may be used for Union business upon approval by the Union
President or his or her designee. Employees utilizing Union Time Pool sha11 be released from
duty on Union Time Pool only if the established needs of the Department regarding the provision
of emergency services are met and with approval of the Public Safety Director, which shall not
be unreasonably denied. Union Time Pool will be used and charged on an hour for hour basis.
28
ARTICLE l9.
RULES, REGULATIONS, DIRECTIVES
I. Amendments, additions or modifications to personnel rules, regulations, and
departmental directives shall be in writing and a copy of the same sha11 be submitted to the
UNION no less than fourteen {I4) days poor to implementation.
2. A request for bargaining regarding any rule change must be received within seven {7)
days after notification to the UNION by the VILLAGE of the implementation of a rule change.
29
ARTICLE 20.
BULLETL~ BOARD
1. The UNION will provide a serviceable bulletin board for its use. A11 materials posted
must be signed by an official of the UNION and a copy given to the Director. The VILLAGE
agrees to furnish space for the bulletin board.
2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials
or supervisory personnel.
3 f~
ARTICLE 21.
SCHEDULED HOURS -OVERTIME P~.Y
1. The average workweek for twenty-four (24j hour shift employees shall be forty-eight
(4$) hours, with twenty-four {24) hours on duty and forty-eight {48) hours off duty, with an
additional shift off (Kelly Day) after every seventh {7~h) shift. The p'LSA work period for shift
employees is twenty-ane {21 }days.
2. Kelly Days will be selected biannually. Such selections shall be implemented beginning
with the first full twenty-one {21) day work cycle in January and July of each year. For all
employees, the selection of Kelly Days shall be determined by sluff based on seniority as defined
in Article 13 of this Agreement. The Director of Public Safety shall have the authority to
determine the number of employees allowed off on Kelly Day far each day of the twenty-one
{21}day work cycle so long as each employee has one Kelly Day off every seventh {7`h} shift.
3. Kelly Days may be exchanged regardless of Kelly Day cycles on a permanent or
temporary basis by two mutually agreeable employees in accordance with Section 10 of this
Article. A Kelly Day maybe e~chariged'for a vacant Kelly Day slat provided that the exchange
is made in the same twenty-one {21) day work cycle and in accordance with Section 10 of this
Article.
4. If an employee requests a transfer or accepts a promotion or assignment into a new
classif cation, the employee's selection of Kelly Day shall be based on the remaining days
available on the new shift or in the new assignment to which the employee is to be transferred.
5. If an employee is to be transferred to a different shift by the VILLAGE, the VILLAGE
shall first request that employees voluntarily switch shifts or Kelly Days. If within thirty {30}
days of that request by the VILLAGE no employee has volunteered to switch shifts or Kelly
Days, the VILLAGE may, if necessary, switch the Kelly Day of the employee(s) being moved
from one shift to another.
6. If a problem arises in the implementation of this Article, the UNION and the VILLAGE
shall meet to resolve the problem by mutual agreement.
7. The procedures for paying overtime for tune worked outside of an employee's normally
scheduled work week which are in effect at the time of this Agreement shall be maintained as the
status quo except that the FLEA work period for shift employees is now twenty-one (21} days.
An employee maybe asked to work on his or her Kelly Day. An employee asked to work on his
or her Kelly Day shall have the right to refiise such a request. Any employee who works on his
or her Kelly Day shall be paid at the rate of time and one-half of the employee's straight time
pay for all hours worked.
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8. For purposes of computing overtime pay, all authorized paid leave, except sick-leave,
shall be considered time worked.
9. Employees assigned to "standby" will be paid a minimum of one {l) hour`s pay per
"standby shift". In the event an employee is "called back", he or she shall receive a minimum of
two (2) hours pay. "Standby" and "call back" time relate to either fire duty or emezgency duty.
10. Employees may exchange hours subject to the approval of the Director or his designee
providing such exchanges do not result in overtime.
11. The VILLAGE retains the right to make changes in schedules when extenuating
circumstances such as hurricanes or other states of emergencies dictate.
12. When the Department requires overtime work to fill a vacancy, the overtime assignment
shall be offered on the basis of seniority, using an "overtime wheel." The overtime wheel shall
function to identify employees in order of seniority with the Public Safety Department. If an
employee refiises his or her turn on the wheel for any reason other than the employee already
being scheduled to work during the same time period for which overtime is offered, he or she
will be charged as if he or she had worked and will go to the bottom of the overtime eligibility
list. The first employee on the list shall be ordered to work the overtime assignment only after
all other employees have been called. Only the employee ordered to work the overtimz
assigrunent, and not the employee who actually works the overtime assignment, will go to the
bottom of the overtime eligibility List. Overtime assignments less than eight hours in duration
shall not be charged to the employee accepting the overtime and shall not cause the employee to
move on the overtime wheel. If an employee goes out an worker's compensation, maternity, or
paternity leave, they will be frozen in the position held on the overtime wheel at the time the
leave begins. When the employee returns to work, he or she will be slotted into the overtime
wheel at the same position held at the time the leave began.
Overtime assignments which are less than eight (8) hours in duration and which are scheduled to
commence at the beginning of a shift shall be offered to qualified employees on the off going
shift in order of seniority with the most senior qualified employee receiving the fn:st offer. If no
employee on the off going shift accepts the overtime assi~ment, the lease senior qualified
employee shall be ordered to work the overtime assignment.
ARTICLE 22.
C~~iPENSATORY TIi4iE
1. For purposes of this Agreement, compensatory time shall be defined as that period o£
time which is earned by the employee for hours worked in excess of the employee's normally
scheduled work period, accumulated at a rate of time and one-half (1 1/Z} in lieu of monetary
overtime compensation.
2. Compensatory time will be granted if the employee notifies the Director of the
contemplated use at least seven {7) calendar days prior to use, provided such use will not be
unduly burdensome to the Public Safety Department's operation.
3. In the event more than one employee requests use of compensatory time off for the same
period, seniority shall be govern choice.
4. Members may bank up to seventy-two (72} hours of compensatory time.
33
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ARTICLE 23.
PUBLIC SAFETY CONT.I1TCiL~T~ EDUCATION
Employees covered by the collective bargaining agreement shall be eligible for tuition
reimbursement in accordance with the VILLAGE'S Tuition Refund Program as provided in
Section 11.02 of the VILLAGE'S Personnel Rules and Regulations.
34
ARTICLE 24.
ZVORK ASSIGNNIENT OUT OF GRADE
1. An employee who is required to tempozazily accept responsibility and carry out the duties
of a rank higher than which he or she normally holds, for a full shift shall be paid five percent
{5%) above the individual`s present base rate for that position while so engaged.
2. An employee assigned to a rank which carries a rate of pay higher than the permanent
rate of the assignee shall in the event of injury, illness, oz death incurred. while in the
performance of service be compensated at the Level of payment far that rank, and all benefits
accrued thereof.
35
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ARTICLE 25.
11rIEDfCAL EXA~II~IATIO~S
1. Medical examinations shall be voluntary, except post-job offer medical evaluations for
the job classification. In those situations where the VILLAGE requires a medical examination,
the entire costs shall be borne by the VILLAGE. The VILLAGE agrees to provide those
vaccinations and examinations required by Section i 12.18 and Section 112.181, Florida Statutes.
2. The foregoing shall not be construed to prohibit the VILLAGE from ordering an
employee to undergo an examination to determine fitness for duty when the VILLAGE has a
reasonable suspicion that the employee is unfit to perform hislfier duties. "Reasonable
suspicion" means a belief drawn from specif c objective and articulable facts and reasonable
inferences drawn from those facts in light of experience. Reasanable suspicion testing shall not
be required except upon the final approval of the Public Safety Director, after the
recommendation of a supervisor who is at least one level of supervision higher than the
immediate supervisor of the employee in question. Among other things, such facts and
inferences may be based upon:
A. Abnormal conduct or erratic behavior while at work or a significant deterioration
in work performance.
B. Excessive use of sick time.
3. Presumption: The VILLAGE agrees that any condition or impairment of health of any
employee caused by tuberculosis, heart disease, hypertension, hepatitis, or meningococcal
meningitis resulting in total or partial disability or death shall be presumed to have begin
accidental and to have been sufFered in the line of duty unless the contrary is shown by
competent evidence.
4. The VILLAGE shall provide employees with testing after exposures to certain biological
hazards while on duty. The testing shall be conducted in accordance with accepted medical
practices and shall be designed to detect the presence of the biological hazard for which the test
is conducted. The VILLAGE wiIl provide testing to employees upon exposure to any of the
following hazards:
A. Hepatitis A, B, or C
B. Measles
C. Polio
D. Varicella
E. I~IV/AIDS
F. Heavy Metals
G. Tuberculosis
3b
The VILLAGE will also provide flu shots annually for all employees.
37
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ARTICLE 26.
UNIFORttit AsND CLOTHING ALLOtiVAi'VCE
1. A sixty {60.00} dollar monthly allowance shall be paid to all members of the bargaining
unit for the repair and cleaning of clothing used in the performance of duty,
2. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE
a# no cost to the employee.
3. Costs for repair or replacement of watches or eyeglasses damaged or destroyed while in
the course of duty will be paid by the VILLAGE at a cost not to excced one hundred {$100.00}
dollars per item.
4. A shoe allowance of up to seventy-five {$75.00} dollars per year shall be paid to all
bargaining unit members during the first pay period in October.
5. The Village shall supply Department personnel with the following uniforms and
equipment upon initial employment with the Village:
$ 1 - Class A uniform badge
$ 1 -Set of station keys {Srvt and ED key)
$ 1 -Department ID
$ 1 -Station swipe card
$ 1 - Class A dress shirt with specialty patches and department patch
$ 1 - Class A dress tie
$ 1 - Class A dress pants
$ 1 - Class A pair of shoes
$ 1 - Class A dress jacket
$ 1 - Class A dress hat
$ 1 -Uniform Nomex jumpsuit with reflective tape and writing
$ 3 -Uniform pair of EMS pants
$ 3 -Uniform polo style short sleeve shirts with rank and name on front
$ 1 -Station EMS pants belt
$ 1 -Ball cap with name on back
$ 1 -Lightweight waterproof shell winter/windbrealcer jacket with reflective tape
$ 1 -Set of rain gear
$ 2 -Pair of station gym shorts
$ 3 -Station short sleeve t-shirts
$ 2 -Station long sleeve t-shirts
$ 1 -Long sleeve sweat shirt
38
AlI current employees sha11 be brought up to date with the above list and shall be issued
any items on the above list that have not been previously issued to the employee on or before
September 30, 2008. After all employees are up to date and have been issued all items on the
above list, replacements may be acquired ora an as-needed basis through an employee's
Lieutenant each fiscal year, Ann1aa1 boot allowance will continue to be issued in October of each
year consistent with Section ~ above.
39
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ARTICLE ~7~
VEHICLES A;YD EQUIPIYIENT
Vehicle yiaintenance. Each employee assigned to a Village vehicle shall 1{eep the vehicle free
from litter and return the vehicle at the end of his shift in the same condition as when he received
it, subject only to mechanical defects or damage, or soiling of the vehicle not caused by the
employee. It shall be the vehicle operator's responsibility to report all damage, mechanical
problems or operational problems detected, or which could be detected with reasonable
diligence. If the employee believes the vehicle he is assigned is unsafe, it shall be reported to the
Shift Supervisor. If the Shift Supervisor agrees that the vehicle is unsafe, it shall not be placed in
service until it is made safe. Public Safety vehicles will be washed and sanitized as necessary.
Use of Private Automobile. In the event an employee {if authorized and directed in advance)
uses his own automobile for the performance of official duties on behalf of the VILLAGE, the
employee will be compensated at the rate established by the VILLAGE for all Village
employees.
Portable Radios. Employees will be provided with two-way portable radios while on shift.
~0
ARTICLE 2$e
PERSO~EL FILES - COI~IPLAIi1iTS
1. The VILLAGE agrees that no disciplinary action shall be taken against a bargaining unit
member without due process. Anonymous complaints may trigger an investigation, but an
anonymous complaint alone may not be the basis of disciplinary action.
2. It is agreed that no employee will be required to write a report to the Dixector of Public
Safety or any other supervisory officer on any complaint by a person or persons in or outside the
Department against said employee unless and until the complainant(s) submit{s) said complaint
in writing and signs same.
3. Prior to any report in writing being submitted, the subject employee shall be furnished a
copy of the signed complaint. Any form of documented disciplinary action shall be signed by
the employee, which signature shall indicate that the employee has received a copy of the farm
but shall not indicate that the employee agrees with the discipline. The employee shall receive a
copy ofthe documented disciplinary action.
4. If a charge is brought and the employee is adjudicated as being innocent, then the
complaint
and charge shall be plainly and clearly marked as unfounded in all the personnel folders of the
subject employee.
41
ARTICLE 29,
PROCEDURAL RIGHTS
Any employee under investigation and subject to interrogation by the Department or an
outside agency subject to the direction and control of the VILLAGE which may result in
disciplinary action, demotion, dismissal and/or criminal charges being filed; then, under such
circumstances, the interrogation shall be conducted as follows:
A. Interrogations will normally he conducted during the employee's scheduled duty
time, unless immediate action is imperative.
B. Interrogation will be conducted at Public Safety Department headquarters.
C. The employee under investigation shall be informed of the rank, name, and
command of the officer in charge of the investigation, the interrogating officer, and all persons
present during the interrogation. AlI questions directed to the employee under the interrogation
shall be asked by and through one (1) interrogator at any one (l) time.
D. The employee under investigation shall be informed of the nature of the
investigation prior to any interrogation and he shall be informed of the names of aI1
complainants.
E. Interrogation sessions shall be for reasonable periods and shall be timed to allow
for such personal necessities and rest periods as are reasonably necessary.
F. The employee under interrogation shall not be subject to offensive language or
threatened with transfer, dismissal, or disciplinary action. No promise or reward shall be made
as an inducement to answering any questions.
G. The formal interrogation of the employee, including all recess periods, shall be
recorded and there shall be no unrecorded questions or statement.
H. If the employee under interrogation is under arrest or is likely to be placed under
arrest as a result of the interrogations, he shall be completely informed of all of his/her rights
prior to the eoYnmencement of the interrogation.
I. At the request of any employee under investigation, he shall have the right to be
represented by counsel or any other representative of his choice who shall be present at all times
during such interrogation wherever the interrogation relates to the employee's continued fitness
for service.
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J. Representation on complaint review boards: A Complaint review board shall be
composed of three (3) members: one (1}member selected by the Public Safety Director; one (1)
member selected. by the aggrieved employee; and the third (3~~) member selected by the other
two (2) members. The board members shall be employees selected from any state, county, or
municipal agency within the county.
K. Civil suits brought by employees: Every employee shall have the right to bring
civil suit against any person, group of persons, organization or corporation or the heads of such
organizations or corporations far damages, either pecuniary or otherwise, suffered during the
performance of the employee's official duties or for abridgement of the employee's civil rights
arising out of the employee's performance of official duties.
L. Notice of disciplinary action: No dismissal, demotion, transfer, reassignment, or
other personnel action which might result in the loss of pay or benefits or which might otherwise
be considered a punitive measure shall be taken against any employee, unless such reason or
reasons therefore are communicated to the employee in writing prior to the effective date of such
action.
~I. Retaliation for exercising rights: No employee shall be discharged, disciplined,
demoted, or denied promotion, transfer or reassignment, or otherwise be discriminated against in
regard to his employment or be threatened with any such treatment by reason of his exercise of
the rights granted by this act.
- N. A copy of the complaint, whether recorded in writing or by other means, will be
give to the employee at least two (2) hours prior to interrogation unless waived by the Public
Safety Director or his designee and the employee. Written complaints must be sued by the
party or parties alleging a violation.
O. An employee under investigation cannot be compelled to submit to a polygraph
test or any other "truth measuring" device.
43
} ? T
ARTICLE 30.
~VAOES
1. Effective October 1, 2010, each employee, on the employee's anniversary date or date of
promotion, may advance one step in the pay plan, last amended for fiscal year 2009-2010 and
attached hereto as Exhibit "A", subject to performance as stated in Section 3 but as provided in
Article 34, the parties will reopen negotiations for this Article for years rivo and three of the
Agreement.
2. A bargaining unit member who receives a performance evaluation rating of "Below
Standards" or "Development Required" shall have a counseling session with supervisory
personnel and be provided with performance goals. Such members sha11 not receive a step
increase on their anniversary date or date of promotion as provided in Section I above. The
member will be re-evaluated ninety (90) days following the counseling session. If a performance
rating of "Successful Level I" or better is received, the member will then receive the step
increase the member should have received on his or her anniversary date or date of promotion. If
after 90 days the member still has not received a performance rating of "Successful Level I" or
better, the member will have an additional counseling session with supervisory personnel and
will be provided with an additional set of performance goals. If after this second 90 day period
the member still has not received a performance rating of "Successful Level I" ar better, the
member shall not receive a step increase and maybe subject to discipline or discharge with just
cause.
3. Employees assigned by the Public Safety Director ar the Fire Chief to serve as a Field
Training Officer shall receive assignment pay of 2.5% above their base rate of pay for all shifts
on which the employee acts as a Field Training Officer.
4. Upon promotion, an employee sha11 be slotted at the lowest step in the new classification
which provides at Ieast a 10% increase in base rate of pay.
5. No member shall receive a base wage increase over the maximum salary {top-out)
established in the Village pay plan. Increase aver top-out pay shall be paid as lump .sum
payments and shall be treated as salary for pension calculation purposes.
6. The minimum rate established for the bargaining unit positions in the Village pay plan,
shall 6e paid upon employment to "new hire" employees, except that an amount above the
minimum rate may be paid when the rate is approved by the Village Manager following a written
justification from the Public Safety Director. Appxoval will be based on the exceptional
qualifications of the appointee or the inability to employ adequate personnel at the minimum
rate. The Public Safety Director shall address in his justification the rate of pay of current
members of the department who have comparable years of service as the proposed appointee.
~4
7. A11 employees hired on or after October 1, 2005, shall continue to have their regular
paychecks electronically deposited into the employee's choice of banking, savings and loan, or
credit union institutions. Employees participating in the direct deposit program shall continue to
receive from the VILLAGE paper pay stubs. Employees hired prior to October 1, 2005, may
voluntarily opt into the direct deposit program,
8. Employees shall receive biweekly pay by either paycheck or direct deposit.
9. The VILLAGE shall match bargaining unit employee contributions to a VILLAGE
approved Chapter 457 Deferred Compensation Plan at a rate fifty cents ($0.50) for every one
dollar ($1.00} contributed to such plan up to a maximum of sixty ($60) dollars per month ($720
annually) to be contributed by the VILLAGE on behalf of each bargaining unit employee.
45
ARTXCLE 37..
T1Z~L~TING
1. In keeping with the ever increasing requirements to maintain certification and the skills
necessary to perform public safety functions, it is agreed that any employee who attends training
as required by the Department or Village for public safety functions will receive pay at a rate of
one and one half regular pay if the training time is above and beyond the employee's normal
work week. If the employee fails to complete a full work week, pay for firefighter training will
be received at regular rate of pay. Fire Inspector re-certification training shall be provided for by
the Department.
2. The VILLAGE agrees to provide one week's advance notice for any training scheduled
far weekends.
46
ARTICLE 32.
PROS~TI4NARY E1yIPLOYEES
1. Ali new employees shall be designated as probationary employees and shall remain in
probationary status in their classification for one {1) year from their date of graduation from the
academy, or one {1} year from their date of employment in the case of an employee hired who is
already a certified officer who does not attend the academy.
2. Periods of absence of three {3) shifts or more during probation will extend the
probationary period by the amount of the absence or one week, whichever is greater.
The probationary period shall be regarded as an intrinsic part of the examination process
and shall be used for observing the employee's performance and adaptation to Village
employment.
4. It is the obligation of alI supervisory Village personnel to periodically review, in writing,
the performance of alI probationary employees and to recommend removal of personnel with less
than an overall satisfactory performance from their position prior to the-ez~~-of-the-pzolia#o~ary
period. At a minimum, #here shall be two {2) written performance evaluations conducted during
the probationary period; the first evaluation at six {6) months of employment and the second
during the final month of probation.
5. Upon the satisfactory completion of the probationary period the employee shall attain
- regular status. The Public Safety Director shall notify the Village Manager in writing that the
employee's status has changed from probationary to regular. A copy of the notification shall be
placed in the employees personnel file.
47
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ARTICLE 33,
CONT.R~CT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
I. The VILLAGE and the UNION acknowledge that during the negotiations which resulted
in this Agreement, each had the unIirni#ed right and opportunity to make demands and proposals
with respect to any subject matter not removed by law from the area of collective bargaining, and
that the understandings and agreements arrived at by the parties after the exercise of that right
and opportunity are set forth and solely embodied in this Agreement. The VILLAGE and the
UNION agree that all negotiable items that should or could have been discussed, were discussed;
therefore, neither party shall be obligated to negotiate or bargain collectively with respect to any
subject or .matter, whether referred to herein or not, except as otherwise specifically required in
this Agreement, even though such subjects or matters may not have been within the knowledge
or conterzaplation of either or both of the parties at the time they negotiated or signed this
Agreement.
2. Therefore, this Agreement contains the entire contract, understandings, undertaking and
agreement of the parties hereto and finally determines and settles all matters of collective
bargaining for and during its term.
ARTICLE 34.
DURATION
Section 1. This A~eement shall be effective the later of October 1, 2010, or upon
ratification by both the UNION and the VILLAGE, and shall continue in full foxce and effect
until September 30, 2013. The parties shall commence negotiations for a successor agreement
by June 1, 2013.
Section 2. No employee's compensation shall increase, including but not limited to cost of
living adjustments and step increases, beyond September 30, 2011, or September 30, 2012,
except as provided in a subsequent collective bargaining agreement or other interim document
such as a 1VIOU, Addendum, or LOA which is ratified with the same formalities as this
Agreement.
Section 3. The VILLAGE and the UNION a~ee to re-open Article 30, Wages, on or before
June 1, 2011, for year two of the;Agreement and on ar before June 1, 2012, for year three of the
A~eement. In each of those years, the VILLAGE shall provide a written proposal to the
UNION by June 30. If the VILLAGE fails to provide a written proposal to the UNION by June
30 of either year, Section 2 above shall be nullified.
~9
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APPROVALISIGNATLrRE PAGE
Pursuant to Florida Statute 447.309, the VILLAGE'S Chief Executive Officer and the UNION'S
Bargaining Agent hereby confirm that the foregoing represents the Collective Bargaining
Agreement for 2009-2010 reached by the negotiators through collective bargaining.
This Agreement shall not be binding on the Village of North Palm Beach until it has been
ratified by the Village Council and by the employees who are members of the bargaining unit.
THE VILLAGE OF ~10RTH PALI~t BEACH PROFESSIONAL FIREFIGHTERS I
PARAMEDICS OF PALM BEACH
COUNTY, LOCAL 2928, TAFF, INC.
,d/~/~ ~!/~b
Ji t Anthony Giarrusso
Vill ge Manager District Vice President 12
Ratified by the Village ofNorth Palm Beach Ratified by employees in the bargaixing unit
~ 1
on the clay of ~G~ ~r2 , 2010. on the -1 day ofNOU~rrb~' , 2010.
C/ V K
Bill Manuel Niic ael N o
1~layor President
lulelissa Teal; CMC, VILLAGE Jerk
H:119S81S805081~FPB120D9 CBr1s1Ir1FF 201D-13 final ID2810.@ac
1 Q/23/2010 9:19 A.iYI
SO
Exhibit ~
1=irefic3hterlEMT FirefighterlParamectic Fire Rescue Lieutenant
step amount step amount step amount
1 $ 42,367.64 1 $ 46,722.62 1 $ 58,205.02
6.04% 2 $ 44,909.69 6.00% 2 $ 49,525.98 5.00% 2 $ 61,115.27
6.00°10 3 $ 47,604.28 6.00°10 3 $ 52,497.54 5.00% 3 $ 64,171.03
5.00% $ 49,984.49 S.DD% 4 $ 55,122.41 5A0% 4 $ 67,379.58
5.00% 5 $ 52,483.71 5.00% 5 $ 57,878.53 5.00% 5 $ 70,74$.56
5.OD% 6 $ 55,107.913 5.00% 6 $ 6D,772,46 4.00% 6 $ 73,578.50
4.00% 7 $ 57,312.22 5.00°/a 7 $ 63,811.08 4.00% 7 $ 76,521.6A~
4.D0% 8 $ 59,604.71 4.00% $ $ 66,363.53 4.00% 8 $ 79,$96.73
4.00% 9 $ 61,985.89 4.00% 9 $ 69,D18.07
4.00% 10 $ 64,609.51 4.00% 10 $ 72,483.06
Collective Bargaining Agreement
Professional FirefighterslParamedics of Palm Beach, Local 2928, IAF'F, Inc.
2010-2013
Professional Firefighters/Paramedics
of Palm Beach County, Inc.
IAFF Local 2928
' ~ m m F 2328 South Congress Avenue • Suite 2-C
West Pafm Beach, Florida 33406-7674
AF(,gC10 561-969-0729 • Fax: 561-969-1059
www.lAFF2928.com
November 16, 20'10
James Knight, City Manager
The Village of North Palm Beach
501 U.S. Highway #1
North Palm Beach, Florida 33408
Qear Mr. Knight,
Re: Collective Bargaining Agreement 2010-2013
I am writing to inform you that the CBA 2010-2013 between the members of Loca[ 2928
and the Village of North Palm Beach was voted on Tuesday November 9t~' 2010, passed
and therefore was ratified.
If you should need any additional information regarding this ratification vote, please do not
hesitate to contact me; otherwise, thank you very much for your #ime and consideration
with this matter.
Sincerely,
Michael Nlayo
President
cc: Mark Floyd, Esq.
A. Giarrusso
Affiliated with the International Association of Fire Fighters, AFL-CIO, CLC