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R2024-81 Collective Bargaining Agreement with IAFFRESOLUTION 2024-81 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING A COLLECTIVE BARGAINING AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. THROUGH SEPTEMBER 30, 2027; 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") expires on September 30, 2024; and WHEREAS, the Village and the IAFF have negotiated a new three-year Collective Bargaining Agreement, and the Village Manager recommends Council approval and ratification 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 incorporated herein. ( Section 2. The Village Council hereby approves and ratifies 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 Village Manager to execute the Collective Bargaining Agreement on behalf of the Village. The Agreement shall be effective October 1, 2024 and shall expire on September 30, 2027. 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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. PASSEDAOPTED THIS 12TH DAY OF SEPTEMBER, 2024. ��ORT A ATTES �)V LAGE CLERK COLLECTIVE BARGAINING AGREEMENT BETWEEN THE VILLAGE OF NORTH PALM BEACH AND PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. 10/1/24 to 9/30/27 Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 2 of 82 Table of Contents ARTICLE 1 PREAMBLE ................................................................................................................... 4 ARTICLE 2 RECOGNITION ............................................................................................................. 5 ARTICLE 3 VALIDITY ....................................................................................................................... 6 ARTICLE 4 WORKER'S COMPENSATION .................................................................................. 7 ARTICLE 5 HEALTH INSURANCE ............................................................................................... 10 ARTICLE 6 PENSION ..................................................................................................................... 12 ARTICLE 7 FAMILY MEDICAL LEAVE ........................................................................................ 15 ARTICLE 8 PAID BEREAVEMENT LEAVE ................................................................................. 16 ARTICLE 9 MILITARY LEAVE ....................................................................................................... 17 ARTICLE 10 SICK LEAVE .............................................................................................................. 18 ARTICLE 11 COURT APPEARANCES ........................................................................................ 21 ARTICLE 12 MANAGEMENT RIGHTS ........................................................................................ 23 ARTICLE 13 SENIORITY ............................................................................................................... 25 ARTICLE 14 PAID VACATIONS ................................................................................................... 27 ARTICLE 15 PAID HOLIDAYS ...................................................................................................... 32 ARTICLE 16 GRIEVANCE PROCEDURE - ARBITRATION .................................................... 33 ARTICLE 17 DISCIPLINARY APPEALS ...................................................................................... 40 ARTICLE 18 UNION ACTIVITIES ................................................................................................. 42 ARTICLE 19 RULES, REGULATIONS, DIRECTIVES ............................................................... 44 ARTICLE 20 BULLETIN BOARD ................................................................................................... 45 ARTICLE 21 SCHEDULED HOURS - OVERTIME PAY ........................................................... 46 ARTICLE 22 FIRE RESCUE CONTINUING EDUCATION ....................................................... 52 ARTICLE 23 TEMPORARY APPOINTMENTS ........................................................................... 53 ARTICLE 24 MEDICAL EXAMINATIONS .................................................................................... 55 ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE ......................................................... 60 Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 3 of 82 ARTICLE 26 VEHICLES AND EQUIPMENT ............................................................................... 62 ARTICLE 27 PERSONNEL FILES - COMPLAINTS ................................................................... 63 ARTICLE 28 PROCEDURAL RIGHTS ......................................................................................... 64 ARTICLE 29 WAGES ...................................................................................................................... 67 ARTICLE 30 TRAINING .................................................................................................................. 70 ARTICLE 31 PROBATIONARY EMPLOYEES............................................................................ 71 ARTICLE 32 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ..... 72 ARTICLE 33 PROMOTIONS .......................................................................................................... 73 ARTICLE 34 DURATION ................................................................................................................ 79 APPROVAL/SIGNATURE PAGE .................................................................................................. 80 Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 4 of 82 ARTICLE 1 PREAMBLE 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 FIREFIGHTERS/PARAMEDICS 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 for 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 5 of 82 ARTICLE 2 RECOGNITION 1. The VILLAGE recognizes the Professional Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc., as the certified bargaining agent and exclusive representative of the bargaining unit defined in Certification No. 1259 granted by the Public Employees Relations Commission (PERC) on May 28, 1999, and as amended from time to time, for purposes of collective bargaining with respect to wages, hours, and/or terms and conditions of employment. The parties agree to jointly file a Unit Clarification Petition to include the rank of Lieutenant and Firefighter/EMT. All provisions related to the Lieutenant and Firefighter/EMT positions set forth in this contract will take effect the first pay period following entry of a PERC Final Order granting the petition after the creation and approval of the positions by Village Council. 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 Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 6 of 82 ARTICLE 3 VALIDITY 1. 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 as practicable and reopen negotiations of the affected monetary provision(s) of this Agreement. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 7 of 82 ARTICLE 4 WORKER'S COMPENSATION 1. The VILLAGE will carry Worker's Compensation coverage for 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 a regular full- time employee will be carried at full pay for up to six (6) pay periods, less any workers' compensation benefits, commencing the first pay period following the date the employee is unable to work. There is no supplemental pay during the pay period in which the employee returns to work. 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 or evidence that their 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 8 of 82 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 Fire Chief. c. Any employee who is able to return to work after a job related injury shall be reinstated to their former job, provided the employee is qualified to perform all of the duties and responsibilities of their 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 their former responsibilities, the employee shall have first preference to fill another Village Fire-Rescue position, if a vacancy occurs, and the employee qualifies for such position. e. An employee with either a service connected injury/illness, non- service connected injury/illness or pregnancy who voluntarily offers to work light duty may be assigned to light duty at the discretion of the Fire Chief, provided there is light duty work to be performed. An employee with a service-connected injury/illness or a pregnant employee who requests light duty will have priority in light duty assignment over employees with other non-service-connected injuries. The Village does not have mandatory, permanent, or temporary light duty assignments and light duty assignments will not be created or extended without a clear operational need. The light duties assigned to an employee Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 9 of 82 must be approved by the employee's treating physician. Light duty assignments may be in Village departments other than the Fire/Rescue Department. 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 a post-accident drug test of an employee driving a Village vehicle who is involved in a vehicular accident or other reportable incident which requires that any 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 10 of 82 ARTICLE 5 HEALTH INSURANCE 1. The VILLAGE agrees to provide a health insurance plan to all Village employees. The VILLAGE agrees to pay one hundred percent (100%) of the medical, dental insurance premiums for the employee and eighty percent (80%) of the employee's dependent's medical, dental and hospitalization insurance for the medical, dental, plan with the lowest cost of the plans offered by the VILLAGE. If an employee chooses coverage under the medical, dental, 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 employees' dependents' coverage. Insurance plans include prescription drug coverage. The benefits of these insurance plans shall be those set forth in the insurance master plan distributed to all 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 employee not notify the VILLAGE of said change, the employee shall reimburse the VILLAGE for the amount paid for their dependent insurance coverage premium from the date of status change. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 11 of 82 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, 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 before imputing added employee compensation (currently $50,000 or $25,000 after age 70). Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 12 of 82 ARTICLE 6 PENSION 1. Retirement benefits for IAFF bargaining unit members are as set forth in Chapter 2, Article V, Division 4. of the Village Code of Ordinances. 2. The Village’s Code of Ordinances shall be amended as needed so that, effective April 1, 2025, the following changes are implemented: a. Amend the eligibility requirements for Normal Retirement so that vested participants become eligible for Normal Retirement at the earlier of (1) having attained the age of fifty-two (52) years regardless of years of credited service or (2) upon the completion of twenty-five (25) years of credited service regardless of age; b. Increase the benefit accrual rate to three percent (3%) for all years of credited service on or after October 1, 2021; c. Increase the employee contribution to 11% d. Create, effective April 1, 2025, a Health Insurance Subsidy payable in the form of a lifetime monthly supplement for any firefighter who (1) satisfies the requirements for Normal Retirement or (2) separates from service due to a service - incurred disability and is approved for a service-incurred disability pension benefit. The monthly supplement shall be in an amount equal to $15.00 multiplied by the firefighter’s credited Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 13 of 82 service. DROP participants shall not receive the supplement while actively employed, but active service as a firefighter while participating in the DROP shall be counted as credited service for purposes of determining the amount of the supplement. Firefighters who receive the supplement may elect a survivor option in accordance with Section 2-162, in which case the amount of the supplement shall be actuarially adjusted to be actuarially equivalent to the lifetime monthly supplement provided herein. 3. Each employee who is a member of the Board of Trustees of the Village of North Palm Beach Fire and Police Retirement Fund shall be granted twenty four (24) hours of administrative leave with pay each calendar year in order to allow the employee to attend educational seminars or conferences related to the performance of their duties as a trustee or pension benefits or issues. 4. 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 ($120) dollars per month ($1440 annually) to be contributed by the VILLAGE on behalf of each bargaining unit employee. 5. In 2015 the Florida Legislature enacted legislation (Chapter No. 2015- 39, Laws of Florida), hereinafter "Legislation", regarding the use of insurance premium tax revenue ("IPTR"). The Pension Fund for the Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 14 of 82 Firefighters and Police Officers ("Fund") meets or exceeds the minimum benefits and minimum standards established by the State of Florida for public employee firefighters and officers pension plans as set forth in Chapters 175 and 185, Florida Statutes. The Legislation provides that use of IPTR, including any accumulations of additional premium tax revenues which have not been allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of the Legislation by mutual consent between the IAFF and the Village. The provisions of this Agreement reflect the Village's and IAFF's mutual consent and agreement that all IPTR, whether base premium revenue or additional premium tax revenue, received by the Village will be used by, or for the benefit of, the Village to meet its annual actuarially required contribution ("ARC") to the Fund. If the State does not accept this mutual consent and agreement, this Article shall be reopened for further negotiations. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 15 of 82 ARTICLE 7 FAMILY MEDICAL LEAVE Family Medical Leave shall be granted in accordance with Village Policy. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 16 of 82 ARTICLE 8 PAID BEREAVEMENT LEAVE 1. The Village will grant an employee paid leave for the death of an employee's family member as follows: a. Three (3) consecutive shifts for: father, mother, spouse, child. b. Two (2) consecutive shifts for: brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, spouse/ domestic partner's grandparents, grandchild, foster parent, nephew, niece, aunt, uncle, first cousin, step- father, stepmother, step-brother, step- sister or step-child of the employee. 2. 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 may be granted, subject to the discretion of the Village Manager or their designee. 3. 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 their shift with pay. The remaining hours of the shift from which the employee is released shall not be counted against any bereavement leave. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 17 of 82 ARTICLE 9 MILITARY LEAVE 1. The rights and benefits regarding military leave are as set forth in the Village Leave Policy. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 18 of 82 ARTICLE 10 SICK LEAVE 1. Sick leave will be paid when the employee is absent from duty due to the following reasons: a. An employee's injury or illness or necessary medical treatment which precludes him or her from reporting for duty; or b. Any injury, illness or necessary medical treatment of an employee's spouse, child, step-child or parent 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 their return to duty that they were not able to report for duty due to one of the above reasons. 3. Employees will accrue 0.0481 hours of sick leave per regularly scheduled hour of work, 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, except that paid sick leave shall not be considered days worked for overtime purposes. 4. Sick leave may be accumulated with no maximum. Any employee with less than seven (7) years of service to the VILLAGE who voluntarily terminates employment, or who retires or dies while in the service of the VILLAGE, shall receive payment equal to fifty percent (50%) of up Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 19 of 82 to a maximum 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 shall receive payment equal to seventy-five percent (75%) 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. 5. Sick Leave Reimbursement a. Employees who have accrued three hundred eighty-four (384) hours of sick leave ("minimum base") 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. 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 Director will be responsible for establishing a reimbursement form and accounting for the base and other data necessary to financially administer this program. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 20 of 82 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. 6. 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. 7. Non-probationary 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. 8. 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 time such as the day before or after a holiday, on Mondays 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 21 of 82 ARTICLE 11 COURT APPEARANCES 1. Any member required to attend a judicial matter arising from the performance of their 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 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 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 fees shall be retained by the employee. 2. Members who are required to attend a judicial matter arising from performance of their duties shall give notice to the Fire Chief and the Village Attorney. An employee, served with a subpoena requiring the employee's attendance at a hearing, deposition, or trial or the Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 22 of 82 requesting production of any Village records, shall promptly provide a copy of the subpoena to the Fire Chief. 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 time spent by an employee for court appearances or deposition in a case arising from performance of their duties 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 23 of 82 ARTICLE 12 MANAGEMENT RIGHTS 1. 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 Fire Rescue 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, Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 24 of 82 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 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 designee, during the time of the declared emergency, provided that the wage rate and monetary fringe benefits shall not be suspended. 5. 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 25 of 82 ARTICLE 13 SENIORITY 1. Seniority shall be defined as length of service with the Village Fire 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 Fire Chief has the final authority to over-ride seniority for extraordinary operation reasons and the decision in that regard is not grievable. When the Fire Chief over-rides a request based on seniority, the Fire Chief shall inform the requesting party in writing of the basis of the decision. 3. Where a promotional opportunity shall occur and two or more employees are under consideration, the Fire Chief 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 26 of 82 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, B, and C in the aggregate, shall be retained. 6. An employee shall be recalled in inverse order of layoff. 7. An employee shall lose their seniority as a result of the following: a. Termination b. Retirement c. Voluntary resignation d. Layoff exceeding six (6) months e. Failure to report to the Village Manager, or designee, intention of returning to work within three (3) days of receipt of recall, as verified by certified mail, return 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. 8. Seniority shall continue to accrue during all types of leave approved by the VILLAGE. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 27 of 82 ARTICLE 14 PAID VACATIONS 1. Vacation days accrue but may not be taken during the first one hundred eighty (180) days of service. Exceptions to this general rule may be made by the Fire Chief at the Chief's 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 Less than 5 Years 5 Years but less than 10 years 10 Years and over DAYS OF VACATION 24 Hr. Employees and Paramedics 5 Shifts = 2 weeks = 120 hours 7 Shifts = 3 weeks = 168 hours 10 Shifts = 4 weeks = 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. a. Vacations shall be scheduled from 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 28 of 82 b. In October of each year, the VILLAGE will advise how many employees may be scheduled off for vacation during the next year beginning January 1 per shift. c. During the month of 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 15, all employees must submit requests to select a minimum of three (3) or more consecutive shifts (which may include Kelly Days). First round selections shall be limited to no more than ten (10) shifts, which includes Kelly Days, provided that the Fire Chief may approve vacation selections greater than ten (10) 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 15, employees may submit requests to schedule another single group of (1 or more) consecutive shifts of vacation time. 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 Fire Chief or designee will begin to accept applications for vacation scheduling for the upcoming year, which shall be on a first come, first serve basis. If two (2) or more requests for the same vacation day are received on the Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 29 of 82 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 Fire Chief or designee and should the requested vacation time become available, the denied vacation request shall be considered for approval. The date of submission of denied time shall then constitute the date for the first come, first serve basis. 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 (62) 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, may be granted at the discretion of the Fire Chief or 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 Fire Chief or 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 Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 30 of 82 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. 3. 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 their 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. 4. If employment is terminated by death, the estate of the employee shall receive payment for the earned vacation days. 5. 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. 6. 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. 7. An employee who has used ten (10) days of vacation time in a fiscal year may request reimbursement for any unused vacation days above Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 31 of 82 the ten (10) days used. Employees requesting reimbursement must do so, in writing on a form approved by the Human Resources Director or designee, during the month of October immediately 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 30th of the fiscal year in which the ten (10) vacation days were used. The employee will be required to sign a certification/affidavit confirming that the reimbursement for the annual vacation leave days/hours is final and will not be subject to the grievance process. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 32 of 82 ARTICLE 15 PAID HOLIDAYS 1. The following days shall be considered paid holidays and all employees will receive eight (8) hours of straight time pay. All official holidays shall be considered to commence at the beginning of the first shift on the day of the holiday and continue for twenty-four (24) hours thereafter. New Year's Day Martin Luther King Day President's Day Memorial Day Juneteenth Independence Day Labor Day Veteran's Day Thanksgiving Day Friday following Thanksgiving Day Christmas Eve Christmas Day 2. For all hours worked on any of the above-named holidays the employee will be paid a premium rate of pay of 1 ½ times the employee's base rate of pay. Employees working overtime on any of the above-named holidays will be paid a premium rate of pay of 2 times the employee’s base rate of pay. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 33 of 82 ARTICLE 16 GRIEVANCE PROCEDURE - 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 this Article, time is considered to be of the 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. 3. Grievances shall be presented in the following manner: Step 1: In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, the employee shall first discuss the alleged grievance with the Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 34 of 82 immediate supervisor, and may be accompanied by a representative of the UNION, if so desired. Th.is 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, the employee 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 their 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 Fire Chief or designee. The Fire Chief shall, within ten (10) calendar days after the receipt of the formal written grievance, render a decision on the grievance in writing. The Chief shall reply in writing within ten (10) calendar days of receipt of the grievance. Failure by the Chief to reply within the time period shall be held to be an approval of the grievance and the remedy sought. Step 3: In the event that the employee is not satisfied with the disposition of the grievance by the Fire Chief at Step 2, the employee shall have the right to submit the grievance to the Village Manager within ten (10) calendar days after the disposition. Such grievance Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 35 of 82 must be accompanied by the filing of a copy of the original written grievance. The Village Manager shall, within ten (10) calendar days of receipt of the grievance, render a 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 in 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 Manager's disposition of the grievance. 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 the appointment of an arbitrator shall, within five (5) days, 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 Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 36 of 82 coin. The selection process shall occur within five (5) calendar 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 the grievance. The employee must either accept or reject the disposition of the 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, the employee may not accept the reinstatement and continue to grieve the loss of back pay. Their only choices would be to accept the disposition of the 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 except Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of whether the grievant is on duty or off duty. 8. The time limits contained herein are to be strictly adhered to and may only be extended by written agreement between the parties. 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, thereafter, shall confine the decision to the particular grievance thus specified. In the event the parties fail to agree Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 37 of 82 on the statement of the grievance to be submitted to the arbitrator, the arbitrator will determine 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. 10. The arbitrator may not issue declaratory opinions and shall confine himself/herself 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, court reporting and transcript costs/fees (if ordered by either party or requested by the arbitrator-transcript cost means the total cost of three copies), and expenses of obtaining a hearing room, if any, shall be equally divided between the parties. 12. The arbitrator's award shall be final and binding on the parties subject only to challenge as set forth in Revised Florida Arbitration Code. 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 may be disciplined or discharge without explanation or for any reason deemed Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 38 of 82 sufficient by the appropriate Village official. Accordingly, probationary employees shall have no right to utilize this grievance/arbit ration 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. 16. The UNION will not be required to process the grievance of non- 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 a timely manner. The Union representative will have their 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 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. 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 39 of 82 19. If the 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'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. 21. 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 40 of 82 ARTICLE 17 DISCIPLINARY APPEALS 1. Appeals of disciplinary action shall be handled as follows: 2. An employee who wishes to challenge any disciplinary action, shall file a notice of appeal to the Fire Chief 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. 3. Upon receipt of a notice of appeal, the Fire Chief or 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 Fire Chief to respond within ten (10) calendar days shall constitute a determination that the discipline is sustained. 4. An employee who is not satisfied with the Fire Chief'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) 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 41 of 82 5. 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 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. 6. 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 a pre- determination conference with the Village Manager or designee. No pre- determination conference shall be conducted with less than ten (10) calendar days notice to the employee. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 42 of 82 ARTICLE 18 UNION ACTIVITIES 1. An employee shall have the right to join or not join 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. 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 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 their 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 43 of 82 c. The employee is subject to interrogation in conjunction with an internal affairs investigation. d. The employee is attending a pre-determination 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 Fire Chief or designee. 6. There shall be created a pool of time to be known as Union Time 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 (8) hours of holiday pay received for the New Year's Day holiday. The Union Time Pool may be used for Union business upon approval by the Union President or their designee. Employees utilizing Union Time Pool shall 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 Fire Chief, which shall not be unreasonably denied. Union Time Pool will be used and charged on an hour for hour basis. 7. Salary and overtime pay, if any, incurred in replacing the Union representative(s) on authorized union leave shall be deducted from the Union Leave Account so there is no cost incurred by the Village when union leave is authorized. Authorization for Union leave shall be limited by the amount available in the Union Leave Account. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 44 of 82 ARTICLE 19 RULES, REGULATIONS, DIRECTIVES 1. 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 UNION no less than fourteen (14) days prior 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 45 of 82 ARTICLE 20 BULLETIN BOARD 1. The UNION will provide a serviceable bulletin board for its use. All materials posted must be signed by an official of the UNION. 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 46 of 82 ARTICLE 21 SCHEDULED HOURS - OVERTIME PAY 1. The average workweek for twenty-four (24) hour shift employees shall be forty-eight (48) 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 (7th) shift. The FLSA work period for shift employees is twenty-one (21) days. 2. Kelly Days will be selected annually prior to first round vacation selections. Such selections shall be implemented beginning with the first full twenty-one (21) day work cycle in January of each year. For all employees, the selection of Kelly Days shall be determined by shift based on seniority as defined in Article 13 of this Agreement. The Fire Chief shall have the authority to determine the number of employees allowed off on Kelly Day for each day of the twenty-one (21) day work cycle so long as each employee has one Kelly Day off every seventh (7th) shift. Kelley day selections shall remain unchanged until implementation of the selection for in each new year. 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 may be exchanged for a vacant Kelly Day slot 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 classification, the employee's selection of Kelly Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 47 of 82 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. At the time the Village makes its request for volunteers to switch shifts or Kelly Days, the employee that will have their shift or Kelly Day changed if no other employee volunteers to make the switch shall be notified that they are the one that will be moved if there are no volunteers. 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 time 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 FLSA work period for shift employees is now twenty-one (21) days. An employee may be asked to work on their Kelly Day. An employee asked to work on their Kelly Day shall have the right to refuse such a request. Any employee who works on their Kelly Day shall be paid at the rate of time and one-half(½) of the employee's straight time pay for all hours worked. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 48 of 82 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 (1) hour's pay per "standby shift". In the event an employee is "called back", the employee shall receive a minimum of two (2) hours pay. "Standby" and "call back" time relate to either fire duty or emergency duty. 10. Employees may exchange hours subject to the approval of the Fire Chief or 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 using an overtime rotation file. Employee names cards shall initially be filed in order of seniority with the Fire Department, after the first use to fill an overtime assignment the cards shall be rotated as follows: The cards shall be called in order of placement in the file starting with the first employee qualified to work the overtime assignment. If the call is answered by voicemail and the overtime assignment to be filled was created less than sixty (60) hours prior to the start of the shift on which the overtime assignment will be worked then a message shall be left stating they are being called for overtime and they have three (3) minutes (from the current time) to reply. If the overtime assignment to be filled was created sixty (60) or more hours prior to the start of the shift on which the overtime Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 49 of 82 assignment will be worked, they shall have five (5) minutes (from the current time) to reply. If they have not replied within the time frame established herein, they are treated as a turn down, their card is marked as such and moved to the back of the file; the next card is called and this sequence is repeated until an answer or callback is received. The first qualified person to answer/callback shall be informed of the overtime assignment; if they turn down the overtime, they shall be informed that they will be ordered in if no other employee called accepts the overtime. Calls will continue until a qualified employee accepts the overtime assignment or the file has rotated back to the first qualified person to answer who will then be ordered in to work the overtime assignment. Employees already scheduled to work on the shift requiring overtime shall not be subject to call and their cards shall not be moved in this rotation. Overtime assignments of less than twelve (12) hours in duration shall not cause file cards to move in rotation. Qualified employees shall include any employee who currently holds the rank of the positions to be filled, previously held the rank of the position to be filled, is currently on the promotional list for rank of the position to be filled, or is on the step -up list for the rank of the position to be filled. 13. Overtime assignments which are less than ten (10) hours in duration and commence at the beginning of a shift shall be offered to qualified employees of the off going shift in order of seniority. If no off going employee accepts the overtime assignment, the least senior employee from the off going shift shall be ordered to work the overtime assignment. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 50 of 82 14. Employees on workers' compensation, FMLA, or medically assigned light duty will not be called for overtime assignments, their position in order of rotation shall be held until they return to work at full duty. 15. Newly hired employees shall serve six (6) months of their probationary period and pass FTO before being eligible to accept an overtime assignment. On their six month anniversary an overtime rotation card for the new employee shall be added to the file, placed at the back of the file. 16. No employee shall be allowed to accept an overtime assignment which would cause them to work more than forty-eight (48) hours in a row without a minimum twelve (12) hour break between periods of work. 17. When, as a result of severe weather such as tropical rain or wind storms, a state of emergency that includes the Village is declared by the Village Manager or the Village Council (taking into consider like declarations by Palm Beach County, or State of Florida) and the Village modifies its operations such that non-essential employees are not required to report for work, hourly compensation rates for bargaining unit employees will be adjusted as follows: a. Employees working a regularly assigned shift will be paid 2.0 times their regular hourly rate during the declared period of emergency. b. Employees who are held over will be paid 2.0 times their regular rate of pay until released from the hold over. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 51 of 82 c. Employees called back to work will be paid three hours of straight time plus 2.0 times their regular hourly rate for all hours worked during the declared period of emergency. d. Employees placed on standby will be paid 1.0 times their regular rate of pay per hour for each hour of standby. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 52 of 82 ARTICLE 22 FIRE RESCUE CONTINUING EDUCATION 1. Employees covered by the collective bargaining agreement shall be eligible for tuition reimbursement in accordance with the VILLAGE'S Higher Education and Assistance Program as provided in the VILLAGE'S Personnel Rules and Regulations. 2. Education or degree seeking courses, classes, or programs shall be eligible for tuition reimbursement in accordance with the Village Education Reimbursement Policy in effect on 10/1/2021. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 53 of 82 ARTICLE 23 TEMPORARY APPOINTMENTS 1. An employee who is required to temporarily accept responsibility and carry out the duties of a rank higher than which the employee 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. In the event an employee is required to temporarily accept responsibility and carry out the duties of a rank which is more than one rank higher than that which the employee normally holds, the employee shall receive five percent (5%) for each rank above their normal rank. For example, if an employee is temporarily assigned up two ranks, then the employee shall receive ten percent (10%). 2. If a Captain or driver is called in for overtime because of vacancies on that shift they will automatically fill in for an absent Captain and/or driver before going to the stepping up process. 3. When an employee assigned to a rank which carries a rate of pay higher than the permanent rate of the assignee suffers an injury, illness, or death incurred while in the performance of service compensation and benefits will be calculated at the level of payment for employee's permanent rank thereof. 4. Should an employee in a promoted position (Driver Engineer or Captain) be absent for any reason, the position shall be filled by the employee on duty that shift who holds the highest position on the promotion list for the classification in which the vacancy exists. Should no employee on the promotion list for that classification be working Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 54 of 82 that shift, the vacancy shall be filled using the highest positioned employee on the step-up list for the position in which the vacancy exists who is working that shift. If there are no employees from the step-up list available, the vacancy will be filled by an overtime callout in accordance with Article 21. For vacancies in the rank of Captain, if there are no employees available for step-up in accordance with the procedures above, the Driver Engineer shall be stepped up to Captain unless negated by Section 6 below. 5. Following ratification of this Agreement, the step-up list for each promoted position shall be populated by all employees eligible to participate in a promotional exam for that position in order of seniority with the most senior employee being first on the list. When an employee later becomes eligible to be included on one of the two step- up lists, the employee shall be added to list in the appropriate position based on seniority. 6. If overtime is required to fill out the shift and the person accepting the overtime holds a rank that has been filled by a step-up, that employee shall automatically fill that position, negating the process above. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 55 of 82 ARTICLE 24 MEDICAL EXAMINATIONS 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 112.18 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 their duties. "Reasonable suspicion" means a belief drawn 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 Fire Chief, 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; b. A significant deterioration in work performance; or c. 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, Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 56 of 82 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 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 will 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. HIV/AIDS f. Heavy Metals g. Tuberculosis 5. The VILLAGE will also provide flu shots annually for all employees, if not available to employees at no cost through the Village's health insurance provider. 6. To the extent any vaccination, immunization, or other prophylaxis may be required to perfect a claim for a presumption under Section 112.181(3), Florida Statutes, such shall be required by the Village. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 57 of 82 7. The Village will continue medical evaluations and Fit testing as directed by Florida State Statute 633.502 – 633.536 (Florida Firefighter Occupational Safety and Health Act), Florida Administrative Code 69A-62, OSHA 1910.134 (Respiratory Protection) as follows: a) LifeScan will provide the prescribed OSHA medical evaluation questionnaire and conduct the Fit testing; b) Testing will be done in conjunction with, and at, Palm Beach Gardens Fire Rescue; c) The OSHA medical evaluation questionnaire and Fit testing will be completed while the employee is off duty; d) Employees will be compensated for participating in and completing the OSHA medical evaluation questionnaire and Fit testing by receiving four hours of pay at their overtime rate the second full pay period after completing the OSHA medical evaluation questionnaire and Fit testing; e) The OSHA medical evaluation questionnaire and Fit testing will occur annually; f) Employees who do not attend and complete the annual OSHA medical evaluation questionnaire and Fit test as scheduled by the Village will be responsible for completion of both at another LifeScan facility within 60 days of the first date scheduled by the Village; Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 58 of 82 g) If an employee is found to be unable to wear a respirator, the employee will be placed on a light-duty assignment until the Village receives acknowledgment the employee has completed testing; h) If the Village does not receive confirmation of completion of the OSHA medical evaluation questionnaire and Fit testing within the 60 day time frame identified in paragraph f) above, the affected employee will be placed in a light-duty status, if such an assignment is available for up to thirty (30) days or until such time as confirmation of completion of the OSHA medical evaluation questionnaire and Fit testing is received by the Village. If a light duty assignment is not available, the employee shall use accrued sick leave; i) If an employee is on leave pursuant to the FMLA or as a result of an on-the-job injury and is unable to complete the OSHA medical evaluation questionnaire and Fit testing as prescribed herein, the Village and Union coordinate for additional time or find an alternate solution to satisfy the OSHA medical evaluation questionnaire and Fit testing requirement; and j) If an employee refuses to complete the OSHA medical evaluation questionnaire and Fit testing, the employee shall be suspended without pay until the employee completes the OSHA medical evaluation questionnaire and Fit testing and may be subject to disciplinary actions up to and including termination of employment depending on the circumstances and just cause. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 59 of 82 k) All information derived from the OSHA medical evaluation questionnaire and Fit testing shall be considered confidential and remain solely between the Licensed Health Care Provider and the employee, with the Village having no access to the information and that LifeScan will only notify the Village that the employee has completed the OSHA medical evaluation questionnaire and Fit testing. 8. The Village will offer a voluntary physical examination in conjunction with the OSHA medical evaluation questionnaire and Fit testing for those wishing to participate as follows: a) The physical examination will only be available during the period the OSHA medical evaluations questionnaire and Fit testing is being conducted at the Palm Beach Gardens Fire Rescue site; b) To participate in the physical examination, the employee must have the blood tests prescribed by LifeScan preformed seven (7) to ten (10) days prior to the scheduled medical/physical exam test dates; c) All information derived from the physical evaluation shall be considered confidential, and remain solely between the Licensed Health Care Provider and the employee, with the Village having no access to the information. 9. The provisions of this Article may be amended or modified by mutual, written agreement between the Union President, Fire Chief and Village Manager. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 60 of 82 ARTICLE 25 UNIFORM AND CLOTHING ALLOWANCE 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 at 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 exceed one hundred ($100.00) dollars per item. 4. A shoe allowance of up to one hundred-five ($125.00) 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 (SM 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 Job Shirt Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 61 of 82 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 1 - Lightweight waterproof shell winter/windbreaker jacket with reflective tape 1 - Set of rain gear 2 - Pair of station gym shorts 5 - Station short sleeve t-shirts 2 - Station long sleeve t-shirts 1 - Long sleeve sweat shirt *Class A uniform will be supplied upon completion of a newly hired employee's probationary period. 6. Replacements may be acquired on an as-needed basis through an employee's Captain each fiscal year. Annual boot allowance will continue to be issued in October of each year consistent with Section 4 above. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 62 of 82 ARTICLE 26 VEHICLES AND EQUIPMENT 1. Vehicle Maintenance. Each employee assigned to a Village vehicle shall keep the vehicle free from litter and return the vehicle at the end of their shift in the same condition as when the employee 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 assigned vehicle is unsafe, it shall be reported to the Captain. If the Captain agrees that the vehicle is unsafe, it shall not be placed in service until it is made safe. Fire vehicles will be washed and sanitized as necessary. 2. Use of Private Automobile. In the event an employee (if authorized and directed in advance) uses their 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. 3. Portable Radios. Employees will be provided with two-way portable radios while on shift. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 63 of 82 ARTICLE 27 PERSONNEL FILES - COMPLAINTS 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. No employee will be required to write a report to the Fire Chief 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 form but shall not indicate that the employee agrees with the discipline. If an employee refuses to sign, the document shall be notated to reflect the refusal. The employee shall receive a copy of the documented disciplinary action. 4. If a complaint is brought and the employee is adjudicated as being unfounded, then the complaint and the charge shall be plainly and clearly marked as unfounded in all the personnel folders of the subject employee. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 64 of 82 ARTICLE 28 PROCEDURAL RIGHTS 1. Any employee under investigation and subject to interrogation by the Village 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 be conducted during the employee's scheduled duty time, unless immediate action is imperative. b. Interrogation will be conducted at Fire Rescue 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. 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 shall be informed of the 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 65 of 82 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, the employee shall be completely informed of all of their rights prior to the commencement of the interrogation. i. At the request of any employee under investigation, the employee shall have the right to be represented by counsel or any other representative of their 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 Fire Chief; 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 66 of 82 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 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. m. 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 their employment or be threatened with any such treatment by reason of their exercise of the rights granted by this act. n. A copy of the complaint, whether recorded in writing or by other means, will be given to the employee at least two (2) hours prior to interrogation unless waived by the Fire Chief or 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 67 of 82 ARTICLE 29 WAGES 1. Employee compensation adjustments will be based on an employee's performance evaluation. 2. The pay ranges for bargaining unit positions as of the first payroll period beginning on or after October 1, 2024, shall be as provided in Addendum B to this Agreement. The pay ranges as of the first payroll periods beginning on or after April 1, 2025, April 1, 2026, and April 1, 2027 are contained in Addendum B. 3. Effective with the first full payroll period beginning on or after October 1, 2024, each employee shall be slotted into the pay schedule attached as Addendum B at the step identified for each employee in Addendum A, which slots employees at the first step providing an increase in the employee's current annual pay. Thereafter, each employee shall advance one step in the pay schedule on April 1 of each year until the employee reaches the top step for their classification. Employees hired by the Village within a ninety (90) day window prior to April 1 shall not receive their first step increase until April 1 of the following year. No increases shall be given on October 1st after the first year of the contract. 4. Performance evaluations cannot be grieved as they represent the exercise of managerial discretion. If an employee believes their evaluation was the result of discriminatory or personal bias on the part of their supervisor, the employee may request review by the Human Resource Director. If evidence of bias is found, the Human Resource Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 68 of 82 Director in consultation with the Village Manager may adjust the evaluation score. 5. A step increase is contingent upon receipt of a "Satisfactory" or higher performance evaluation. A bargaining unit member who receives a performance evaluation rating of "Unacceptable" or "Development Required/Needs Improvement" shall have a counseling session with supervisory personnel and be provided with performance improvement goals. A member shall not receive the step increase until performance reaches a "Satisfactory" rating. The member will be re- evaluated ninety (90) days following the counseling session. If a performance rating of "Satisfactory" or better is received, the member will then receive the step increase the member should have received on the anniversary of their date of hire or date of promotion, effective the date of the successful evaluation. If after 90 days the member still has not received a performance rating of "Satisfactory" or better, the member will have an additional counseling session with supervisory personnel and will be provided with an additional set of performance goals. The member will then again be evaluated ninety (90) days following this additional counseling session. If the member then receives a rating of "Satisfactory" or better, their personnel file will be so noted but the member will not receive a step increase at that time. If after this second 90 day period the member still has not received a performance rating of "Satisfactory " or better, the member is subject to a non-disciplinary non-appealable performance based termination of employment. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 69 of 82 6. In the event the Village hires a Firefighter who is not certified as a Paramedic, that employee shall be hired at the base rate of the pay grade of a Firefighter/EMT until such time as the employee becomes certified to act as a Paramedic by the State of Florida. Such certification as a paramedic must be achieved within 4 years of the employee’s date of hire or the employee shall be discharged. 7. All employees shall have their regular paychecks electronically deposited biweekly into the employee's choice of banking, savings and loan, or credit union institutions. Employees participating in the direct deposit program will continue to receive from the VILLAGE electronic pay stubs. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 70 of 82 ARTICLE 30 TRAINING 1. In keeping with the ever increasing requirements to maintain certification and the skills necessary to perform Fire/Rescue functions, it is agreed that any employee who attends training as required by the Department or Village for Fire/Rescue 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 for weekends. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 71 of 82 ARTICLE 31 PROBATIONARY EMPLOYEES 1. All new employees shall be designated as probationary employees for one (1) year from the latter of their date of graduation the fire academy their date of employment with the Village. 2. Promoted employees will serve a six (6) month probationary period. A promoted employee who fails probation will be returned to their previous position. EMT/Firefighters who become certified bythe state of Florida as a Paramedic and who become released/protocoled by the Medical Director to act as a Paramedic shall be promoted from the rank of Firefighter/EMT to the rank of Firefighter/Paramedic and serve a one (1) year probation in the rank of Firefighter/Paramedic. 3. 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. 4. Upon the satisfactory completion of the probationary period the employee shall attain regular status. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 72 of 82 ARTICLE 32 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES 1. 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. 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. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 73 of 82 ARTICLE 33 PROMOTIONS 1. Employees in the classification of Firefighter/EMT or Driver Engineer/EMT who are or become certified by the state of Florida as a Paramedic and who are or become released/protocoled by the Medical Director to act as a Paramedic shall be slotted from the rank of Firefighter/EMT to the rank of Firefighter/Paramedic or from Driver Engineer/EMT to Driver Engineer/Paramedic at the same step. 2. Vacancies in the classifications of Captain, Lieutenant, and Driver Engineer shall be filled in accordance with the promotional process outlined herein. The promotional process will begin once a position becomes vacant or is expected to be vacated. The promotional announcement, as well as the job description and qualifications for the vacant position, will be posted by the Fire Rescue Administration Office. All qualified persons must submit their intent to be considered for the promotion in writing to the chief's office within the time frame outlined in the announcement. 3. Employees will be given notice, posted on the work location bulletin board(s) and by e-mail, at least ninety (90) days in advance of a target promotional examination date. The testing will commence no sooner than ninety (90) days after and no later than one hundred twenty (120) days after the notice. Source materials from which the examination will be drawn shall be given in writing concurrent with the notice of the promotional exam and shall be in print or otherwise obtainable at the Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 74 of 82 candidates' expense. One copy of these materials shall be provided for each shift at the Village’s expense. 4. No employee shall be permitted to apply for a promotional examination after the announced closing date. ELIGIBILITY CRITERIA 5. Employees who apply for the promotional process must have the prerequisites as of the closing date for the written examination. 6. In order to be eligible to participate in the promotional process, a candidate must not have had any disciplinary action against him or her which resulted in a demotion or suspension from employment of twenty four (24) hours or more within the twelve months preceding the announced closing date. 7. In order to participate in a promotional process for the rank of Captain, an employee must satisfy the following criteria as of the announced closing date: a. Five (5) or more complete years of service in this Department. b. Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire Apparatus and Equipment, BFST/ATFC 703 Aerial Apparatus Operator, and certification as Fire Officer I or completion of all classes required to be certified as Fire Officer I. The Fire Chief and the Union President may agree to modify these requirements so long as any such modification is agreed Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 75 of 82 to prior to the announcement of the promotional examination and is clearly indicated in such announcement. c. Current Paramedic certification. d. Current and valid State of Florida issued Class E drivers license. 8. In order to participate in a promotional process for the rank of Lieutenant, an employee must satisfy the following criteria as of the announced closing date: a. Three (3) or more complete years of service as a protocoled medic in this Department. b. Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire Apparatus and Equipment, BFST/ATFC 703 Aerial Apparatus Operator, and certification as Fire Officer I or completion of all classes required to be certified as Fire Officer I. The Fire Chief and the Union President may agree to modify these requirements so long as any such modification is agreed to prior to the announcement of the promotional examination and is clearly indicated in such announcement. c. Current Paramedic certification. d. Current and valid State of Florida issued Class E drivers license. 9. In order to participate in the promotional process for the rank of Driver Engineer, an employee must satisfy the following criteria as of the announced closing date: Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 76 of 82 a. Three (3) or more complete years of service in this Department. b. Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire Apparatus and Equipment, BFST/ATFC 703 Aerial Apparatus Operator and FFP 2810 or FFP 2720 Company Officer and Leadership. The Fire Chief and the Union President may agree to modify these requirements so long as any s uch modification is agreed to prior to the announcement of the promotional examination and is clearly indicated in such announcement. c. Current Paramedic certification. d. Current and valid State of Florida issued Class E drivers license. 10. The promotional processes for the ranks of Captain, Lieutenant and Driver Engineer shall include a written examination and a practical skills assessment. Candidates must pass the written examination with a score of at least 70% in order to be eligible to participate in the practical skills assessment. Candidates must pass the practical skills assessment with a score of at least 70% in order to eligible for promotion. Placement on the promotional eligibility list will be based upon the weighted average of a candidate's score on the written examination and the practical skills assessment. The written examination shall constitute 50%, and the practical skills assessment shall constitute 50%, of such weighted average. In the event of a tie in the overall score of two of more candidates, the tied candidates shall be ranked in order of their scores on the practical skills assessment Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 77 of 82 portion of the promotional process. If a tie still exists, t he tie shall be broken by seniority. 11. Upon promotion, an employee shall be slotted at the first step providing at least a 5% increase per rank in their pre-promotion base rate of pay. For example, if an employee is promoting up two ranks, then the employee shall be slotted at the first step providing at least a 10% increase in their pre-promotion base rate of pay. Employees will not be eligible for their next step increase until they have completed 6 months’ probation in their new position. 12. The content of the written examination shall be determined by job task analysis and shall include questions from the source materials identified in the posted announcement. The practical skills assessment shall be the same for all examinees and consist of two (2) component parts: operations and administrative functions. The practical skills assessment shall be graded by three (3) examiners appointed by the VILLAGE who are not employed by the VILLAGE. 13. Promotional lists shall remain in effect for three (3) years from the date the promotional list is established or until there are no names remaining on the promotional list, whichever occurs first. If, at the time a promotional list is set to expire, there are no employees who are both eligible to participate, and have indicated that they will participate, in a promotional process (after being notified of their eligibility and asked whether or not they would sit for an exam), the list shall be extended one additional year. This process can then be repeated one additional Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 78 of 82 time at the conclusion of that extension such that the possible lifespan of a list is five (5) years. 14. Selection for promotion from the promotional list shall be made by the Fire Chief utilizing a Rule of Three, i.e., the Fire Chief may select from among the then current top three (3) candidates on the promotional list. A candidate may refuse an assignment one (1) time without jeopardizing their standing on the promotional list. A second refusal will result in removal from the promotional list. Any candidate bypassed for selection in favor of a lower ranking candidate on the promotional list shall be counseled, at the request of the bypassed candidate, as to the reason the candidate was not selected for promotion. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 79 of 82 ARTICLE 34 DURATION 1. This Agreement shall be for a three (3) year term Commencing October 1, 2024 and ending September 30, 2027. The parties will commence negotiations for a successor agreement by June 1, 2027. 2. Employee compensation and movement in the step plan will be frozen on September 30, 2024 (except increases resulting from assignment or promotion). Subsequent salary increases and movement in the step plan or other adjustments to base wages (except increases resulting from assignment or promotion) will be as provided in a subsequent collective bargaining agreement. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 80 of 82 APPROVAL/SIGNATURE 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 2024-2027 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 NORTH PALM BEACH Charles D. Huff, Village Manager PROFESSIONAL FIREFIGHTERS / PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. Angelo D’Ariano, Secretary-Treasurer Anthony Giarrusso, District Vice President 12 Ratified by the Village Council of Village of North Palm Beach on the ___ day of ____________ 2024, Ratified by employees in the bargaining unit on the ____day of________, 2024. Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 September 12th 29th August Page 81 of 82 Addendum A NPB 12 STEP SLOTTING Position Name New Step Captain Anthony Giarrusso 12 Captain Jacob Stone 11 Captain Robert Hetzel 11 Driver Engineer/EMT William Picard 12 Driver Engineer/Paramedic Frank Winewski 12 Driver Engineer/Paramedic Ryan Moeller 12 Firefighter/Paramedic Amanda Apfel 12 Firefighter/Paramedic Steven Brandt 12 Firefighter/Paramedic Erik Jensen 12 Firefighter/Paramedic John Abdul 12 Firefighter/Paramedic Michael Hobbs 12 Firefighter/Paramedic Adam Mc Innes 12 Firefighter/Paramedic Kevin Maloney 5 Firefighter/Paramedic Daniel Busch 11 Firefighter/Paramedic Fred Vaccaro 9 Firefighter/Paramedic Stephen Talpesh 7 Firefighter/Paramedic Michael Jackson 5 Firefighter/Paramedic Frank Rossi 5 Firefighter/Paramedic Hannah Mccord 5 Firefighter/Paramedic Drew Valerioti 1 Firefighter/Paramedic Ryan Stanco 1 Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4 Page 82 of 82 Addendum B Step Base Pay Step Base Pay Step Base Pay Step Base Pay Step Base Pay Step Base Pay 1 $56,827.66 1 $66,856.07 1 $68,025.38 1 $72,490.07 1 $79,014.17 1 $85,419.26 2 $59,384.91 2 $69,864.60 2 $71,086.53 2 $75,752.12 2 $82,569.81 2 $89,263.13 3 $62,057.23 3 $73,008.50 3 $74,285.42 3 $79,160.97 3 $86,285.45 3 $93,279.97 4 $64,849.80 4 $76,293.89 4 $77,628.26 4 $82,723.21 4 $90,168.30 4 $97,477.57 5 $79,727.11 5 $81,121.54 5 $86,445.75 5 $94,225.87 5 $101,864.06 6 $83,314.83 6 $84,772.00 6 $90,335.81 6 $98,466.04 6 $106,447.94 7 $87,064.00 7 $88,586.75 7 $94,400.93 7 $102,897.01 7 $111,238.10 8 $90,981.88 8 $92,573.15 8 $98,648.97 8 $107,527.37 8 $116,243.82 9 $95,076.06 9 $96,738.94 9 $103,088.17 9 $112,366.11 9 $121,474.79 10 $99,354.48 10 $101,092.19 10 $107,727.14 10 $117,422.58 10 $126,941.15 11 $103,825.44 11 $105,641.34 11 $112,574.86 11 $122,706.60 11 $132,653.51 12 $108,497.58 12 $110,395.20 12 $117,640.73 12 $128,228.39 12 $138,622.91 Step Base Pay Step Base Pay Step Base Pay Step Base Pay Step Base Pay Step Base Pay 1 $59,669.04 1 $70,198.88 1 $71,426.65 1 $76,114.57 1 $82,445.36 1 $89,690.23 2 $62,354.15 2 $73,357.83 2 $74,640.85 2 $79,539.73 2 $86,155.40 2 $93,726.29 3 $65,160.09 3 $76,658.93 3 $77,999.69 3 $83,119.01 3 $90,032.39 3 $97,943.97 4 $68,092.29 4 $80,108.58 4 $81,509.68 4 $86,859.37 4 $94,083.85 4 $102,351.45 5 $83,713.47 5 $85,177.61 5 $90,768.04 5 $98,317.63 5 $106,957.26 6 $87,480.57 6 $89,010.61 6 $94,852.60 6 $102,741.92 6 $111,770.34 7 $91,417.20 7 $93,016.08 7 $99,120.97 7 $107,365.30 7 $116,800.01 8 $95,530.97 8 $97,201.81 8 $103,581.41 8 $112,196.74 8 $122,056.01 9 $99,829.86 9 $101,575.89 9 $108,242.58 9 $117,245.60 9 $127,548.53 10 $104,322.21 10 $106,146.80 10 $113,113.49 10 $122,521.65 10 $133,288.21 11 $109,016.71 11 $110,923.41 11 $118,203.60 11 $128,035.12 11 $139,286.18 12 $113,922.46 12 $115,914.96 12 $123,522.76 12 $133,796.70 12 $145,554.06 Step Base Pay Step Base Pay Step Base Pay Step Base Pay Step Base Pay Step Base Pay 1 $62,652.50 1 $73,708.82 1 $74,997.99 1 $79,920.30 1 $86,567.63 1 $94,174.74 2 $65,471.86 2 $77,025.72 2 $78,372.90 2 $83,516.71 2 $90,463.17 2 $98,412.60 3 $68,418.09 3 $80,491.87 3 $81,899.68 3 $87,274.97 3 $94,534.01 3 $102,841.17 4 $71,496.91 4 $84,114.01 4 $85,585.16 4 $91,202.34 4 $98,788.04 4 $107,469.02 5 $87,899.14 5 $89,436.49 5 $95,306.44 5 $103,233.51 5 $112,305.13 6 $91,854.60 6 $93,461.14 6 $99,595.23 6 $107,879.01 6 $117,358.86 7 $95,988.06 7 $97,666.89 7 $104,077.02 7 $112,733.57 7 $122,640.01 8 $100,307.52 8 $102,061.90 8 $108,760.49 8 $117,806.58 8 $128,158.81 9 $104,821.36 9 $106,654.68 9 $113,654.71 9 $123,107.88 9 $133,925.95 10 $109,538.32 10 $111,454.14 10 $118,769.17 10 $128,647.73 10 $139,952.62 11 $114,467.54 11 $116,469.58 11 $124,113.78 11 $134,436.88 11 $146,250.49 12 $119,618.58 12 $121,710.71 12 $129,698.90 12 $140,486.54 12 $152,831.76 Step Base Pay Step Base Pay Step Base Pay Step Base Pay Step Base Pay Step Base Pay 1 $65,785.12 1 $77,394.26 1 $78,747.89 1 $83,916.31 1 $90,896.01 1 $98,883.48 2 $68,745.45 2 $80,877.00 2 $82,291.54 2 $87,692.55 2 $94,986.33 2 $103,333.23 3 $71,839.00 3 $84,516.47 3 $85,994.66 3 $91,638.71 3 $99,260.71 3 $107,983.23 4 $75,071.75 4 $88,319.71 4 $89,864.42 4 $95,762.46 4 $103,727.45 4 $112,842.47 5 $92,294.10 5 $93,908.32 5 $100,071.77 5 $108,395.18 5 $117,920.38 6 $96,447.33 6 $98,134.19 6 $104,575.00 6 $113,272.97 6 $123,226.80 7 $100,787.46 7 $102,550.23 7 $109,280.87 7 $118,370.25 7 $128,772.01 8 $105,322.90 8 $107,164.99 8 $114,198.51 8 $123,696.91 8 $134,566.75 9 $110,062.43 9 $111,987.42 9 $119,337.44 9 $129,263.27 9 $140,622.25 10 $115,015.24 10 $117,026.85 10 $124,707.63 10 $135,080.12 10 $146,950.25 11 $120,190.92 11 $122,293.06 11 $130,319.47 11 $141,158.72 11 $153,563.01 12 $125,599.51 12 $127,796.25 12 $136,183.85 12 $147,510.87 12 $160,473.35 Firefighter/EMT April 1, 2027 Firefighter/EMT Firefighter/EMT Firefighter/EMT October 1, 2024 April 1, 2025 April 1, 2026 Firefighter/ Paramedic Driver Engineer/EMT Driver Engineer/Paramedic Lieutenant Captain CaptainLieutenantFirefighter/ Paramedic Driver Engineer/EMT Driver Engineer/Paramedic Firefighter/ Paramedic Driver Engineer/EMT Driver Engineer/Paramedic Captain Lieutenant Lieutenant Firefighter/ Paramedic Driver Engineer/EMT Driver Engineer/Paramedic Captain Docusign Envelope ID: 78F48BB3-E21B-4B0B-9B12-E979960C59D2Docusign Envelope ID: AF727493-277E-416A-9FE7-3F2F83BCAAD4