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2003-063 IAFF Agreement 10/1/01 - 9/30/02• • RESOLUTION 63-2003 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT BETWEEN THE VILLAGE AND THE INTERNATIONAL ASSOCIATION OF PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Agreement with the International Association of Professional Firefighters/Paramedics of Palm Beach County, Local 2928, which Agreement has an effective date commencing October 1, 2001, and expiring September 30, 2002. The Agreement is attached as Exhibit "A". Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Agreement with the International Association of Professional Firefighters/Paramedics of Palm Beach County, Local 2928, as set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 13th DAY OF NOVEMBER, 2003. 91U~)'9r ~h ~A~~°fY d~i~ ''. `~ ;.1 1 ~., s,.., „:: ,,,,., ~~~~'~1 ia~3 ,... '~,. ~1~~~~~~~ ATTEST: MAYOR International Association of Professional Firefighters/Paramedics • of Palm Beach County, Local 2928 did NOT ratify the agreement • `~ e°. MEMORANDUM ~~~ ~pALM~~ Douglas E. Smith The Village of Acting Village Manager NORTH PALM BEACH (561) 341-3380. FAX (56l) 848-3344 501 U.B. Highway #I - - E-MAIL: dsmi[hCvillage-npb:org- ~ ~_ - ~ ~ - North~Palm Bea fi; Florida 33408 TO: Mayor and Village Council FROM: Doug Smith Acting Village Manager SUBJECT: Collective Bargaining Agreement -IAFF Executive Session -November 13, 2003 - 7:00 PM Regular Agenda - November 13, 2003 - 7:30 PM DATE: November 7, 2003 Please find attached a final copy of the Collective Bargaining Agreement between the Village of North Palm Beach and the IAFF. This agreement is for the term October I, 2001 to September 30, 2002 and resolves the impasse process that previously came before the Council. The document includes the resolution to the impasse process as directed by the Council which required that longevity not be included in the agreement and that the recommendation of the Special Master be accepted for work assignments out of grade. The bargaining unit will need to ratify the document also. If I can provide any additional information, or answer any questions in advance of the meeting, please let me know. cc: Jim Cherof, Village Labor Counsel • • Proposed Collective Bargaining Agreement COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. OCTOBER 1, 2001T0 SEPTEMBER 30, 2002 C Proposed Collective Bargaining Agreement U TABLE OF CONTENTS PAGE • ARTICLE 1. PREAMBLE 3 ARTICLE 2. UNION RECOGNITION BARGAINING UNIT 4 RESERVED 5 ARTICLE 3. VALIDITY 6 ARTICLE 4. WORKER'S COA9PENSATION 7 ARTICLE 5. HEALTH INSURANCE 8 ARTICLE 6. NO STRIKES - NO LOCKOUTS 9 ARTICLE 7. MATERNITY LEAVE 10 ARTICLE 8. PAID BEREAVEMENT LEAVE 11 ARTICLE 9. MILITARY LEAVE 12 ARTICLE 10. SICK LEAVE 13 ARTICLE 11. COURT APPEARANCES 15 ARTICLE 12. MANAGEMENT RIGHTS 16 ARTICLE 13. SENIORITY 17 ARTICLE 14. PAID VACATIONS 19 ARTICLE 15. PAID HOLIDAYS 21 ARTICLE 16. GRIEVANCE PROCEDURE ARBITRATION 22 ARTICLE 17. DISCIPLINARY APPEALS 26 ARTICLE 18. UNION ACTIVITIES 27 ARTICLE 19. RULES, REGULATIONS, DIRECTIVES 28 ARTICLE 20. BULLETIN BOARD 29 ARTICLE 21. SCHEDULED HOURS OVERTIME PAY 30 ARTICLE 22. COMPENSATORY TIME 31 ARTICLE 23. PUBLIC SAFETY CONTINUING EDUCATION 32 ARTICLE 24. WORK ASSIGNMENT OUT OF GRADE 33 ARTICLE 25. MEDICAL EXAMINATIONS 34 ARTICLE 26. UNIFORM AND CLOTHING ALLOWANCE 35 ARTICLE 27. VEHICLES AND EQUIPMENT 36 ARTICLE 28. PERSONNEL FILES -COMPLAINTS 37 ARTICLE 29. PROCEDURAL RIGHTS 38 ARTICLE 30. WAGES 40 ARTICLE 31. LONGEVITY PAY 41 ARTICLE 32. TRAINING 42 ARTICLE 33. PROBATIONARY EMPLOYEES 43 ARTICLE 34. CONTRACT CONSTITUTES ENTIRE AGREEMENT 44 ARTICLE 35. DURATION 45 APPROVAL 45 SIGNATURE PAGE 45 Proposed Collective Bargaining Agreement • Article 1. Preamble This agreement is entered into by and between the VILLAGE OF NORTH PALM BEACH, hereinafter referred to as the "Village" and the PROFESSIONAL Firefighters%Paramedics OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC., hereinafter referred to as the "Union" for the purpose of promoting harmonious relations between the parties, to establish an orderly and peaceful procedure for settling differences which may arise, and to set forth the Agreement between the parties concerning wages, hours, terms and conditions of employment. r~ L J 3 Proposed Collective Bargaining Agreement • Article 2. Recognition Section 1. The VILLAGE hereby recognizes the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, ]nc., as the exclusive representative for purposes of collective bargaining with respect to wages, hours, and/or terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in Certification No. 1259 granted by the Public Employees Relations Commission (PERC) on May 28, 1999, comprising of all public safety firefighter/paramedics, public safety firefighter/EMTs, and public safety paramedics in the North Substation and in the Transport Unit, excluding all other employees of the VILLAGE. C J Proposed Collective Bargaining Agreement r~ U • Proposed Collective Bargaining Agreement • If any provision of this Agreement shall be held invalid, the remainder ofthis Agreement shall not be affected thereby. In the event a monetary provision ofthis Agreement is held invalid, the parties, at the request ofeitherparty, shall meet as soon as practicable and reopen negotiations of the monetary provisions ofthis Agreement. Article 3. Validity J Proposed Collective Bargaining Agreement • Article 4. V1'orker's Compensation The VILLAGE will carry Worker's Compensation coverage for all employees covered by this Agreement in accordance with the law. 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 dntgs/alcohol are present at the rime of the injury and are causally connected to the incident giving rise to the injury. In the event of an on-the-job injury determined to be compensable under the provisions of the Workers' Compensation Act for a regular full-time employee, said employee will be carried at full pay up to one hundred eighty (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 ofevidence that his injury was received in the line of duty. An injury received while the employee is attending a department 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 Public Safety Director. C. Any employee who is able to return to work after ajob related injury shall be reinstated to his former job, provided he is qualified to perform all of the duties and responsibilities ofhisprevious 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 operational or fiscal justification for its creation. C~ Proposed Collective Bargaining Agreement Article 5. Health Insurance Section 1. The VILLAGE agrees to pay one hundred (100%) percent ofthe medical, dental and hospitalization insurance premiums for the employee and fifty (50%) percent of the employee's dependent's medical, dental and hospitalization insurance. The VILLAGE shall apply all premium contributions paid by or withheld from the employee to the cost of the employees' dependents' coverage. Section 2. A two hundred ($200.00) dollar per person deductible will apply to medical and hospitalization claims and a one hundred ($ i 00.00) doiiar per person deductibie will apply to dental claims, subject to restrictions and qualifications of the self-insurance plan or if the managed care dental plan is selected, a co-pay for services (with no deductible) may be charged. Benefits will be those that are set forth in the insurance Master Plan distributed to all employees. Section 3. 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 for any other reason. Should the employee 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. Section 4. The VILLAGE retains the right to determine the insurance carrier or it may self- insure if it so desires. Section 5. Prescription Plan. The VILLAGE will make available a Prescription Drug Plan as follows: A. All prescription drugs authorized by the plan, in order to be covered, must be purchased with the prescription drug plan card. If rejected, claims may be submitted, to the insurer and will be processed accordingly. B. Prescription drugs authorized by the plan that are purchased at participating pharmacies will be discounted. The co-payments paid by the employee are not applied to the deductible under the Medical Plan. r~ ~ J Proposed Collective Bargaining Agreement • Article 6. No Strikes - No Lockouts It is mutually agreed by the parties hereto that throughout the life of this Agreement, there shall be no strikes or stoppage of work. The parties agree to comply with Florida State Statutes regarding any strikes or stoppages of work.. • 9 Proposed Collective Bargaining Agreement • Article 7. Maternity Leave Whenever an employee shall become pregnant, she shall furnish the Public Safety Director with a certificate from her physician, stating the approximate expected date of delivery. Such notice shall be given not less that thirty (30) days before the date the leave is to begin. She may continue to v<~ork 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 take at least twelve (12) weeks leave afrer the actual delivery. If 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. Maternity leave may be extended if medically necessary, as determined by the employee's doctor. Nothing herein shall prohibit an employee from requesting and receiving apre-delivery or post-delivery accommodation as requested by the employee's doctor, under ADA standards for any disability associated with, or caused by her pregnancy. r ~ L J 10 Proposed Collective Bargaining Agreement • Article 8. Paid Bereavement Leave 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, foster parent, step-father, stepmother, step-brother, step-sister, step-child, uncle, aunt, first cousin, nephew, niece, half- brother, and half-sister of the employee. 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 ofthe VILLAGE Manager or his designee. An employee scheduled for twenty-four (24) hours on duty and forty-eight (48) hours offduty, shall be granted twenty-four (24) hours for bereavement leave with pay for purposes of bereavement. If the death occurs while the employee is on duty, the employee shall also be entitled to the rest of the shifr off with pay. A request for additional time maybe granted, subject to the discretion of the VILLAGE Manager or his designee. C~ Proposed Collective Bargaining Agreement • Article 9. Military Leave Employees who are members ofthe U.S. Armed Forces Reserves or the National Guazd will be granted leave in accordance with state and federal law, including travel time, for the purpose of attending annual active dut;~ for training. A copy ofemployee's Military Orders are to be forwarded to the Public Safety Director or VILLAGE Manager prior to taking military leave. r1 L J 12 Proposed Collective Bargaining Agreement • Article 10. Sick Leave Section 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 or her from reporting for duty; • Any injury, illness or necessary medical treatment ofan employee's spouse, child, step- child orparent 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. 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. Employees will accrue one (])sick day per month for a total of twelve (12) per year. Accruals and deductions will appear on the employee's pay stub. An employee on paid sick leave shall continue to accrue all benefits as if on actual duty, except that paid sick leave shall not be considered days worked for overtime purposes. Sick leave may be accumulated with no maximum. Any employee who voluntarily terminates employment, or who retires or dies while in the service of the VILLAGE, shall receive payment equal to fifty (50%) per cent of up to a maximum of sixty (60) unused accrued sick leave days (which equals a maximum of thirty (30) days payment). Sick leave will be convened to eight (8) hour days before pay out. 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. Section 2. When an employee accumulates four (4) years worth of sick leave credits (i.e. forty-eight (48) days), they will have achieved the minimum threshold base making them eligible for reimbursement. Once the employee has reached the base, all hours accumulated above the base are eligible for reimbursement by the VILLAGE. Reimbursement by the VILLAGE will be on a fifty (50%) per cent basis whereby for every sick day credit above the base held by the employee the V ILLAGE will reimburse one- half (1 /2) of that credit based on the employee's hourly wage rate. The reimbursement wi!1 be strictly voluntary at the request of the employee. The emplo}~ee can only submit a request once per year during the month ofMay. The VILLAGE will be obligated to reimburse the employee for its sick leave credit request no later than November 30 of each year. • Once the employee has received reimbursement for the credit above the base, the employee no longer possesses those sick leave credits, but loses them due to the reimbursement of the credit. 13 Proposed Collective Bargaining Agreement • The employee will be required to sing a certificate/affidavit confirming that the reimbursement for the sick leave is final and will not be subject to the grievance process. r 1 L J is Proposed Collective Bargaining Agreement • Article 11. Court Appearances Section 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 (1 ''/z) hourly rate. C. A minimum guarantee of two (2) hours payment will be made for 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 beginning or more than two (2) hours afrer the end of the employee's shifr. 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 shifr, the employee will be paid for the actual time spent attending the judicial matter. D. Witness fee shall be retained by the employee. Members who 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. Payment shall be made as soon as possible (by the next) payroll period following completion of the service. 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. 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 afrer being released or excused. • 15 Proposed Collective Bargaining Agreement • Article 12. Management Rights 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 VIL LAGS 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 he conducted; to assign and transfer employees; to schedule the working hours; 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 reasonable rules and regulations; and to change or eliminate existing methods, equipment, or facilities (provided, however, that such actions are not inconsistent with the terms ofthis Agreement). The UNION and the VILLAGE recognize that the residents ofNorth 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. 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, not in conflict with this Agreement. In the event of a conflict between the terms of this Agreement and a rule or regulation, the terms of this Agreement shall prevail. 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 Manager, or his designee, during the time of the declared emergency, provided that the wage rate and monetary fringe benefits shall not be suspended. Those inherent managerial functions, prerogatives and policy making rights which the VILLAGE has not expressly modified or restricted by a specific provision of this Agreement are not in any way subject to the grievance and/or arbitration procedure contained herein. C 16 Proposed Collective Bargaining Agreement • Article 13. Seniority Seniority shall be defined as length ofservice within the classification. For purposes of assignments to shifr work seniority will prevail. Seniority will govern selection of vacation schedules and preference in working overtime, provided the Public Safety Director has the final authority to override seniority for extraordinary operation reasons and his decision in that regard is not.g[ievable. When the Public Safety Director overrides a request based on seniority, he shall inform the requesting party in wr itirg of [he basis of his decision. When the Department requires overtime work to fill a vacancy, the overtime assignment shall first be offered to an employee who is already on duty. If no employee on duty is able or qualified to work the overtime assignment, off duty personnel will be called. In either circumstance, 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. Scheduled overtime shall be distributed to all qualified employees who wish to participate on an overtime wheel. If an employee refuses his or her tum on the wheel, he or shall will be charged is if he or she had worked and will go to the bottom of the overtime eligibility list. With each opportunity to work overtime, only one employee may pass on the opportunity to work the overtime assignment. Where a promotional opportunity shall occur and two (2) or more employees are under consideration, the Directorshall give due consideration to seniority and qualifications. 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. 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, B, and C in the aggregate, shall be retained. An employee shall be recalled in inverse order of layoff. An employee shall lose his seniority as a result of the following: • A. Termination B. Retirement C. Voluntary resignation D. Layoff exceeding six (6) months t7 Proposed Collective Bargaining Agreement • E. Failure to report to the VILLAGE Manager, or his designee, intention of returning to work within three (3) days of receipt of recall, as verified by certified mail, retum receipt. F. Failure to return from military leave within the time limits prescribed by law. G. Failure to return from an authorized leave of absence upon the expiration of such leave. Seniority shall continue to accrue during all types of leave approved by the VILLAGE. • 18 Proposed Collective Bargaining Agreement C~ Article 14. Paid Vacations Vacation days accrue but may not be taken during the first year of service. Exceptions to this general rule may be made by the Public Safety Director in his discretion. All personnel who have completed one (1) year or more of full-time service shall be entitled to take vacation with pay in accordance with the following accrual schedule: LENGTH OF SERVICE 1 year - 7 years 7 years but less than 12 years 12 years and over 40 hr. Employees ]0 working days =80 hrs. IS working days=120 hrs. 20 working days=160 hrs. DAYS OF VACATION 24 Hr. Employees, Paramedics 5 shifts=2 wks.=120 hrs. 7 shifts=3 wks.=180 hrs. 10 shifts=4 wks.=240 hrs. Vacation, sick leave, or any other paid leave, shall be included in the computation of • the one (1) year of required full service. In the event that current vacation selection procedures result in a dispute, the following procedure shall be applied. All employees twice yearly shall select vacations. Initial selection of vacations will be by seniority within the classification. If a bargaining unit member chooses to change the vacation selection, he must then wait until the vacation list passes through all other remaining members of the classification, at which time he or she shall then be eligible to change the selection. In the event a paid holiday should occur during an employee's vacation period, the employee shall receive an additional duty day off with pay. 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. if %mpi0ymient is icrminatcd by death, the estate ofihc employee shall recetve payment for the earned vacation time. Vacation time shall be credited and reported per pay period, to indicate hours, accrued less hours taken, reflecting net vacation hours available per pay period. 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 19 Proposed Collective Bargaining Agreement • employed by the VILLAGE, shall receive payment equal to one hundred (100%) percent of the unused days of vacation accrued during the two (2) year period prior to termination, retirement or death. Vacation leave days will be converted to eight (8) hour days before pay out. l J 20 Proposed Collective Bargaining Agreement • Article 15. Paid Holidays The following days shall be considered paid holidays, and al] employees will receive pay for these days even if they do not work: New Year's Eve New Year's Day Memorial Day Independence Day i,abor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day Christmas Eve Christmas Day In the event an employee does work on any of the above named holidays, the employee shall be paid eight (8) hours of straight time compensation plus time and one -half the regular rate of pay for all hours actually worked. If a holiday occurs when an employee is absent from work on paid leave under this collective bargaining agreement or other personnel rules, regulations or departmental directives, the employee shall be paid an additional eight (8) hours for the holiday at his/her regular rate of pay. Except for absence due to the instances cited above, holiday payment is subject to the employee working his/her regularly scheduled shift on the day prior to the holiday and his/her regular scheduled shift on the day following the holiday. An employee entitled to overtime compensation may receive compensatory time off in lieu of pay at straight time for holidays. J 21 Proposed Collective Bargaining Agreement • Article 16. Grievance Procedure Arbitration Section 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 ofdisputes 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 grievabce. 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. Section 2. For the purpose ofthis Article, time is considered to be ofthe utmost importance. Accordingly, any grievance not submitted and/or processed by the grieving party in accordance with the time 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. Section 3. Grievances shall be presented in the following manner: Step i : In the event an employee covered by this Agreement believes there is a basis for a grievance, as that term is defined above, he shall first discuss the alleged grievance with the immediate supervisor, and may be accompanied by a representative of the employee's choice, 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 (]0) 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 ofthe grievance at Step I, 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 I held at Step 1. Said grievance must be in v<7iting, 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 the Agreement allegedly violated c. the facts pertaining to or giving rise to the alleged grievances and d. tltc relief rcyucsted. The formal grievance shall be submitted to the Public Safety Director or his designee. The Public Safety Director shall, within ten (]0) calendar days after the receipt of the formal written grievance, render his decision on the grievance in writing. • The Public Safety Director shall reply in writing with ten (] 0) calendar days of receipt of the grievance. Failure by the Public Safety Director to reply within the time period shall be held to be an approval of the grievance and the remedy sought. 22 Proposed Collective Bargaining Agreement • Steo 33. In the event that the employee is not satisfied with the disposition ofthe 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 (]0) calendar days after the disposition. Such grievance must be accompanied by the fi]ing of a copy of the original written grievance. The VILLAGE manager shall, ~.vithin ten (] 0) 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. Section 4: Where a grievance is general in nature in that it applies to a number of employees have the same issue to be decided, or ifthe grievance is directly between the ANION 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. Section 5: In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, either party may submit the grievance to arbitration with ten (10) calendar days after the VILLAGE Manager's disposition of the grievance. The VILLAGE and the IAFF have agreed to use either Charlotte Gold or Rodney Dennis as arbitrators, if either is available to proceed with the arbitration within a reasonable time. If either Charlotte Gold or Rodney Dennis are not available either party shall request appointment of an arbitrator by the Federal Mediation and Conciliation Service. Such request shall be in writing to the other party, and if delivered by mail, postmarked within ten (] 0) days of the VILLAGE Manager's disposition of the grievance, or notice that Charlotte Gold or Rodney Dennis are not available, whichever occurs last. The arbitrator may be any impartial person mutually agreed upon by the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the party seeking arbitration shall request 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 by the toss of a coin. The selection process shall occur within five (5) calendar days of receipt of the panel list. Section 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 wiii automatically stop. However, a grieving employee may nut partially accept and pat7ially 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 (1) 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. 23 Proposed Collective Bargaining Agreement • Section 7: For the purposes of this Article, the term "calendar day" is defined to include every day except Saturdays, Sundays, and days designated as holidays by the Agreement, regardless of whether the grievant is on duty or off duty. Section 8: The time limits contained herein are to be strictly adhered to and may only be extended by written agreement between the parties. Section 9: The VILLAGE and the UNION shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafrer, shall confine his decision to the particulaz grievance thus specified. In the event the parties fail tc agree on the statement of the grievance, provided, however, that the arbitrator shall have no authority to change, amend, add 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 or which is not a grievance as defined in this Article, except to the extent as specifically provided herein or expressly agreed to by the parties. Section ]0: The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question(s) presented to him, which question(s) must be actual and existing. Section 11: Each party shall bear the expense of its own witnesses and of its own representatives for the purposes ofthe 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. Section 12: The arbitrator's award shall be final and binding on the parties. Section 13: For the first three hundred sixty-five (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 may be disciplined or discharged 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. Section 14: The UNION Representative will be famished with a copy of each grievance filed by an employee within the bargaining unit. Section 15: Employees may request to have a t1N10N representative present at any step of the grievance procedure. Section 16: The UNION will not be required to process the grievance ofnon-members. The • UNION 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 24 Proposed Collective Bargaining Agreement • a timely manner. The UNION Representative will have his/her name, address and all contact numbers on file with the VILLAGE. Section 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 constitute an admission that the contract has been violated nor shall such settlement constitute an admission that the contract has been violated nor shall such settlement constitute a precedent for the interpretation or application of the provisions of this Agreement. Section 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 (30) days prior to commencement of an arbitration hearing on the grievance itself. Ifthe VILLAGE does not agree that the matter is arbitrable, notification shall be sent to the UNION of such within ten (10) days of receipt of the UNION 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 (10) days of selection of the arbitrator. The arbitrator shall render the decision within fifteen (15) days of receipt of the parties' submissions. Whichever party loses on the issue of arbitrability, shall pay the costs involved in that proceeding. If there is no objection by either party to the arbitrability of the grievance, and the above mentioned procedure has been fully complied with or results in a determination that the grievance is arbitrable, the parties shall proceed to arbitrate the grievance. r ~ L J 25 Proposed Collective Bargaining Agreement • Article 17. Disciplinary Appeals Appeals of disciplinary action shall be handled as follows: 1. An employee who wishes to challenge any disciplinary action, shall f le a notice of appeal to the Public Safety Director within ten (] 0) calendar days of notice of the disciplinary action. When an employee has received a written counseling, the employee may, within ten (10) days of receipt of the written counseling, submit a written rebuttal which shall be attached to the written counseling document in the employees personnel file. 2. Upon receipt of a notice of appeal, the Public Safety Director shall have ten (] 0) 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 (] 0) 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 Manager shall have ten (10) calendaz days to review the discipline and to advise the employee that the discipline is either (I) sustained; (II) reversed; for (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. An employee who is not satisfied with the VILLAGE Manager's decision can further appeal a discipline greater than a written reprimand to arbitration using the same procedure for appointment of an arbitrator as set forth in Article 16 above. The request for appointment of an arbitrator must be 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, or modify the discipline which was set by the VILLAGE Manager. The decision of the Arbitrator is final and binding on the parties. No employee shall be subject to discipline of any type without just cause. No employee shall be subject to a suspension without pay or a termination without first being afforded apre-determination conference with the V ILLAGE Manager or his/her designee. No pre-determination conference shall be conducted with less than ten (; 0) calendar days notice to the employee. f• 26 Proposed Collective Bargaining Agreement • Article l8. Union Activities An employee shall have the right tojoin or notjoin the UNION, to engage in lawful concerted activity for the purpose 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 all restraint, coercion, discrimination or reprisal by the VILLAGE or the Union. iJt~aON officials and/o,- members, no more thin two (2), shall be granted reasonable time during working hours, without loss of pay, to negotiate with the representatives of the VILLAGE. 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 such 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 mvesUgation D. The employee isattending apre-determination hearing. The VILLAGE Manager shall be immediately notified in writing, of changes of appointed UNION representatives. Union representatives shall be permitted to wear UNION insignia while on duty. Said insignia shall be approved by the Director or his designee. 27 Proposed Collective Bargaining Agreement • Article 19. Rules, Regulations, Directives Amendments, additions or modifications to personnel rules, regulations, and departmental directives shall be in writing and a copy of the same shall be submitted to the LiN10N nn less than fourteen (141 days prior to implementation. Nothing in this Article shall be construed as a waiver of the LTNION's right to bargain over the impact of any rule change. Such a request for bargaining must be received within seven (7) days after notification to the UNION by the VILLAGE of the implementation of a rule charge. • 28 Proposed Collective Bargaining Agreement • Article 20. Bulletin Board The Union will provide a serviceable bulletin board for its use. All materials posted must be signed by an official of the UNION and a copy given to the Public Safety Director. The VILLAGE agrees to h,:rnish space for the bulletin board. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials nr supervisory personnel. • 29 Proposed Collective Bargaining Agreement • Article 21. Scheduled Hours Overtime Pay Section 1: Reserved. Section 2: Reserved. Section 3: Reserved. Section 4: For purposes of computing overtime pay, all authorized paid leave, except sick- ieave, shall be considered time worked. Section 5: Employees assigned to "standby" v.~il] be paid a minimum of one (1) 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 emergency duty. Section 6: Employees may exchange hours subject to the approval of the Director or his designee providing such exchanges do not result in overtime. Section 7: The VILLAGE will provide a minimum of a seven (7) day notice for any change in shift schedules. However, the VILLAGE retains the right to make changes in schedules when extenuating circumstances dictate. r ~ L J 30 Proposed Collective Bargaining Agreement • Article 22. Compensatory Time For purposes of the Agreement, compensatory time shall be defined as that period of time which is earned by the employee for hours worked in excess of the employee's normally scheduled work week, accumulated at a rate of time and one-half (1 %z) in lieu of monetary overtime compensation. Compensatory time will be granted if the employee notifies the Public Safety Director of the contemplated use at least seven (7) calendar days prior to use, provided such use will not be unduly burdensorne to the Public Safety Department's operation. In the event more than one (])employee requests use of compensatory time off for the same period, seniority shall be govern choice. Regular twenty-four (24) hour employees may bank up to forty-eight (48) hours of compensatory time. • 31 Proposed Collective Bargaining Agreement • Article 23. Public Safety Continuing Education Courses to be taken during scheduled work time are subject to the employee's obtaining an approved replacement. In order to qualify for reimbursement under the VILLAGE.'s tuition program, al] courses to be taken must be prior approved by the Public Safety Director and [he VILLAGE Manager. The VILLAGE will reimburse the employee for the costs of'public safety related continuing education. Any and all continuing education will be done on the employee's own time. • 32 Proposed Collective Bargaining Agreement • Article 24. Work Assignment Out of Grade An employee who is required to temporarily accept responsibility and carry out the duties of a rank higher than which he or she normally holds, for a period of one full shifr consisting of 24 work hours or more; shall be paid five (5%) percent above the individual's present base rate for that position while so engaged. 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, or death incurred while in the performance of sen~ice be compensated at the !eve! ofpayment for that rank, and all benefits accrued thereof. r ~ L J 33 Proposed Collective Bargaining Agreement • Article 25. Medical Examinations Medical examinations shall be voluntary, except for apost-job offer medical evaluation for the job classification. ]n those situations where the VILLAGE requires said examination, then the entire costs shall be borne by the VILLAGE.. The VILLAGE agrees to provide those vaccinations and examinations as required by Section 112.18 and Section 1 12.181, Florida Statues. 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 his/her duties. "Reasonable suspicion" means a beliefdrawn from specific objective and articulable facts and reasonable inferences drawn from those facts in light of experience. Reasonable 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 (1) level of supervision higher than the immediate supervisor of the employee in question. Among other things, such facts and inferences may be based upon: I . Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 2. Excessive use of sick time. Presum~on 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 been accidental and to have been suffered in the line of duty unless contrary to be shown by competent evidence. r1 ~J 34 Proposed Collective Bargaining Agreement Article 26. Uniform and Clothing Allowance . 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. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE at no cost to the employee. 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 exceed one hundred ($100.00) dollars per item. A shoe allowance of up to seventy-five ($75.00) do]lazs per year shall be paid to all bargaining unit members during the first pay period in October. Employees shall be issued three (3) shirts and two (2) pair of pants. In addition, employees shall be issued two (2) jump suits. J 35 Proposed Collective Bargaining Agreement • Article 27. Vehicles and Equipment Vehicle Maintenance. Each employee assigned to a VILLAGE vehicle shall keep the vehicle free from litter and return the vehicle at the end of his shifr 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 Shifr 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 provided for in Florida Statutes 112.106 (7) (d) (1) or the VILLAGE rate, which ever is higher, for miles driven on behalf of the VILLAGE. Portable Radios. Employees will be provided with two-way portable radios while on their shifr. L~ 36 Proposed Collective Bargaining Agreement • Article 28. Personnel Files -Complaints ]t is agreed that no employee will be required to write a report to the Public Safety Director 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. 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 form but shall not indicate that the employee agrees with the discipline. The employee shall receive a copy of the documented disciplinary action. 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. An employee shall have the right to review the contents ofhis/her personnel file after due notice to the Public Safety Director. Such review shall be in the presence of the Public Safety Director or his duly authorized representative. 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. • 37 Proposed Collective Bargaining Agreement • 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 v`~hich 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 be conducted during the employee's scheduled duty time, unless immediate action is imperative. B. interrogation will be conducted at Public Safety Department headquarters. C. "1'he employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation, the interrogating officer, and al] persons present during the interrogation. All questions directed to the employee under the interrogation shall be asked by and through one (1) interrogator at any one (1) time. D. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation and he shall be informed ofthe names of all 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 forma] 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 place under arrest as a result of the interrogations, he shall be completely informed of all of his/her rights prior to the commencement 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. 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 (3rd) 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 for 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 ofdisciplinary action: No dismissal, demotion, transfer, reassignment, or other personnel action which might result in the loss of pay or benefits or which 38 Proposed Collective Bargaining Agreement • 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\4. Retaliation for exercising rights: No employee shall be discharged, disciplined, demoted, or denied promotion, transfer nr 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 signed 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. • 39 Proposed Collective Bargaining Agreement • Article 30. Wages The VILLAGE will continue to maintain the status quo with respect to wages. C~ no Proposed Collective Bargaining Agreement • Article 31. Longevity Pay Members of the bargaining unit shall not receive longevity pay benefits. • 41 Proposed Collective Bargaining Agreement • Article 32. Training In keeping with the ever increasing requirements to maintain certification in the skills necessary to perform the public safety function, it is agreed that any employee who attends fire fighter training as required by the Department or VILLAGE will receive pay at a rate of one and one-half (1 %z) regular pay if the fire fighting training time is above and beyond the employee's normal work week. If the employee fails to complete a full work week, pay for fire fighter training will be received at a regulaz rate of pay. The VILLAGE ag.*ees to provide one (1) week's advance notice for zny tr31n!ng scheduled for weekends. r1 L J 42 Proposed Collective Bargaining Agreement • Article 33. Probationary Employees All 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 certified who does not attend the academy. Periods of absence of three (3) shifrs or more during probation will extend the probationary period by the amount of the absence or one (1) 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. It is the obligation of all supervisory VILLAGE personnel to periodically review, in writing, the performance of all probationary employees and to recommend removal of personnel with less than an overall satisfactory performance from their position prior to the end of the probationary period. At a minimum, there shall be two (2) written performance evaluations conducted during the probationary period; the first (1") evaluation at six (6) months of employment and the second (2nd) during the final month of probation. Upon the satisfactory completion ofthe 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 regulaz. A copy of the notification shall be placed in the employee's personnel file. • 43 Proposed Collective Bargaining Agreement • Article 34. Contract Constitutes Entire Agreement of the Parties The VILLAGE and the UNION acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited 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 contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Therefore, this Agreement contains the entire contract, understandings, undertaking and agreement ofthe parties hereto and finally determines and settles all matters of collective bargaining for and during its term. Nothing in this Article shall be interpreted to waive any rights to bargain in accordance with Chapter 447, Part II, Florida Statutes, and/or case law interpreting same. 44 Proposed Collective Bargaining Agreement • Article 35. Duration This Agreement shall be effective from October 1, 2001, through September 30, 2002. THE VILLAGE OF NORTH PALM BEACH By: Guy ~ Vill e Manager Dated: I I l~/ ~~ PROFESSIONAL FIREFIGHTERS/ PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF By: Authorized Representative Dated: THE VILLAGE OF NORTH PALM BEACH Mayor Village Clerk Date of ratification by Bargaining Unit: Date of ratification by the VILLAGE: • PROFESSIONAL FIREFIGHTERS/ PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF President 45