agenda item item 32a

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December 15, 2011 AGENDA ITEM [ ] Ordinance [ ] Resolution [ ] Budget Resolution [ X ] Other Department: Financial and Administrative Services - CFO File Number: VC-1318354299643-A Division: Personnel Subject: IAFF collective bargaining agreements for lieutenants and firefighters for fiscal years 2008-2009, 2009-2010, and 2010-2011. Account Number(s): N/A Total Item Budget: N/A Staff Contact(s): Tom Motes Phone: 386-736-5951 ext. 12821 Summary/Highlights: On May 26, 2011, an impasse hearing was held for resolution of disputed collective bargaining issues between the county and IAFF Local Union No. 3574, the bargaining unit representing firefighters. Since that date, the IAFF Local Union No. 3574 and the county have continued negotiations and have agreed to a resolution for the firefighters and lieutenants contracts for fiscal years 2008- 2009, 2009-2010, and 2010-2011. The union notified the county on December 13, 2011, that the firefighter and lieutenant bargaining units ratified the attached collective bargaining agreements for the above years. The agreements are submitted for ratification by the county council. Staff recommends ratification of both agreements. Recommended Motion: Approval. Tammy Bong Proxy for Charlene S. Weaver Tom Motes Director Personnel OMB Approved as to Budget Requirements Legal Approved as to Form and Legality Tammy Bong County Manager's Office Approved Agenda Item For: December 15, 2011 Council Action: [] Approved as Recommended [] Approved With Modifications [] Disapproved [] Continued Date: Modification: Page 1 of 2 Agenda Item #: VC-1318354299643-A 12/13/2011 http://enn.co.volusia.fl.us/electronicagen/agendaitemprint2.asp 32A-1

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December 15, 2011 AGENDA ITEM Item  32A 

[ ] Ordinance [ ] Resolution [ ] Budget Resolution [ X ] Other

Department: Financial and Administrative Services - CFO

File Number: VC-1318354299643-A

Division: Personnel Subject: IAFF collective bargaining agreements for lieutenants and firefighters for fiscal years 2008-2009, 2009-2010, and 2010-2011. Account Number(s): N/A Total Item Budget: N/A Staff Contact(s): Tom Motes Phone: 386-736-5951 ext. 12821 Summary/Highlights: On May 26, 2011, an impasse hearing was held for resolution of disputed collective bargaining issues between the county and IAFF Local Union No. 3574, the bargaining unit representing firefighters. Since that date, the IAFF Local Union No. 3574 and the county have continued negotiations and have agreed to a resolution for the firefighters and lieutenants contracts for fiscal years 2008- 2009, 2009-2010, and 2010-2011. The union notified the county on December 13, 2011, that the firefighter and lieutenant bargaining units ratified the attached collective bargaining agreements for the above years. The agreements are submitted for ratification by the county council. Staff recommends ratification of both agreements. Recommended Motion: Approval.

Tammy Bong Proxy for Charlene S. Weaver

Tom Motes Director

Personnel

OMB

Approved as to

Budget Requirements

Legal

Approved as to Form and Legality

Tammy Bong County Manager's Office

Approved Agenda Item For:

December 15, 2011

Council Action:

[] Approved as Recommended [] Approved With Modifications [] Disapproved [] Continued Date:

Modification:

Page 1 of 2Agenda Item #: VC-1318354299643-A

12/13/2011http://enn.co.volusia.fl.us/electronicagen/agendaitemprint2.asp

32A-1

Page 2 of 2Agenda Item #: VC-1318354299643-A

12/13/2011http://enn.co.volusia.fl.us/electronicagen/agendaitemprint2.asp

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PREAMBLE

This Agreement is entered into by the County of Volusia, Florida, hereinafter referred to as the “County,” and the Volusia County Firefighters’ Association, IAFF Local 3574, hereinafter referred to as the “Union.”

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ARTICLE 1

RECOGNITION

1.01 The County hereby recognizes the Union as the exclusive bargaining representative of all Firefighters in the Volusia County Division of Fire Services, but excluding Volunteer Firefighter Officer, Volunteer Firefighter, Fire Services Director, Deputy Fire Chief, Fire Chief, Assistant Fire Chief, Fire Captain, Fire Lieutenant, Division Officer, Fire Protection Engineer, Fire Inspector, and all other employees of the County of Volusia.

1.02 Hereinafter “Director” shall mean Fire Services Director.

1.03 Hereinafter “Fire Services” shall mean Volusia County Division of Fire Services.

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ARTICLE 2

NON-DISCRIMINATION

2.01 The parties agree not to interfere with the right of any employee covered by this Agreement to become a member of the Union, withdraw from membership from the Union, or refrain from becoming a member of the Union. There shall be no discrimination against any employee covered by this Agreement, by reason of race, creed, color, national origin, sex, age, marital status, disability, Union membership or activity, or lack of Union membership or activity.

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ARTICLE 3

DRUG AND ALCOHOL TESTING

3.01 The County and the Union recognize that employee substance and alcohol abuse may have an adverse impact on the operations of the Volusia County Division of Fire Services, the image of County employees, and the general health and safety of the employees and the general public. Accordingly, the Union agrees that the County shall have the right and authority to require employees to submit to any type of toxicology and alcohol testing deemed appropriate by the County to detect the presence of any controlled substance, narcotic, drug, or alcohol as part of any physical and/or psychological examination pursuant to the County's Merit System Rules and Regulations or otherwise required for the purpose of determining an employee's fitness for duty.

3.02 The County shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic, or alcohol. Testing of this nature shall be limited to circumstances that indicate reasonable suspicion to believe that the employee is under the influence of such substance, narcotic, drug, or alcohol; suffers from substance or alcohol abuse; or is in violation of any County, departmental, or state rule, regulation, or law regarding the use of such substance or alcohol.

3.03 It is further understood by the parties that the aforementioned authority to require employees to submit to such testing shall be with the Fire Services Director or his/her immediate subordinate management officials to ensure proper compliance with the terms of this Article. 3.04 A positive result shall on a drug or alcohol test may, in the County's discretion, result in appropriate disciplinary action up to and including termination. An employee's refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article shall may, in the County's discretion, result in disciplinary action up to and including termination. Should the County deem appropriate, it may order an employee, who has tested positive, to undergo rehabilitation in lieu of or in combination with disciplinary action. The terms and conditions of such rehabilitation shall be in the sole and exclusive discretion of the County, and nothing herein shall require the County to order rehabilitation in lieu of or in combination with disciplinary action in any given situation..

3.05 In the event that an employee contests his termination or other disciplinary action resulting from a positive drug or alcohol test, the employee shall have the burden of going forward with this evidence and the burden of proving beyond any reasonable doubt that the disciplinary action was arbitrary and capricious. The County will give out discipline in a fair and just manner.

3.0605 Notwithstanding any other provision of this Article, the County reserves the right

to administer random drug testing in the event that such random drug testing is held to be lawful under federal and Florida law.

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3.0706 Any testing under this Article shall be administered in accordance with professionally accepted standards by an individual, laboratory, or organization possessing required certification(s).

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ARTICLE 4

WORK STOPPAGES

4.01 There will be no strikes, work stoppages, picketing in furtherance of any strike or work stoppage, slowdowns, mass resignations, sick-outs, or refusal to perform assigned work by the employees covered under this Agreement. Picketing as used herein shall mean any action which has the effect of preventing any employee from reporting to or continuing to work, or preventing the public from entering public facilities.

4.02 The parties agree that any employee who participates in or promotes any of the aforementioned activities may be discharged or otherwise disciplined by the County. Nothing herein shall restrict the County from levying different disciplinary actions against different employees based on their involvement in activities prohibited hereunder. The County agrees to impose discipline in a fair and just manner.

4.03 The Union recognizes that the County and the employees covered hereunder are responsible for and engage in activities which are the basis of the health and welfare of the County citizens and, therefore, any violation of this Article would give rise to irreparable damage to the County and to the public at large. For the purpose of this Article, it is agreed that the Union shall be responsible and liable for any act by its agents, representatives, and/or officers which act constitutes a violation of state law or the provisions herein. Accordingly, it is understood and agreed that in the event of any violation of this Article, the County shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction in accordance with applicable laws.

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ARTICLE 5

PERSONNEL RECORDS

5.01 Each employee covered by this Agreement shall have the right to inspect his/her official personnel file, provided, however, that such inspection shall take place at reasonable times and at the location where the official personnel file is kept (i.e., the County Personnel Department). The employee shall have the right to make duplicate copies of any item contained in his/her official personnel file.

5.02 Employees covered by this Agreement shall have the right to file a written response to any letter of reprimand or other documents, which is placed in the employee's official personnel file subsequent to the effective date of this Agreement as the result of supervisory action or citizen complaint. Any such written response shall be included in the employee's official personnel file together with the letter of reprimand or other document against which it is directed.

5.03 At the request of the employee, any letter of reprimand which is placed in the employee's personnel file shall be marked null and void if the following conditions are met:

a. The employee files a written request with the Personnel Director setting forth the grounds for the request; and

b. The Personnel Director determines that the employee making the request has

incurred no further disciplinary action of any kind, (e.g., written reprimands, suspensions, demotions, etc.) for a period of one (1) year from the date of issuance of the letter of reprimand. Paragraph 5.03 shall not apply to disciplinary action more severe than written reprimand. Such documentation shall remain a permanent part of the employee's official personnel file.

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ARTICLE 6

SEVERABILITY CLAUSE

6.01 Should any provision of this collective bargaining agreement, or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by a decree of a court of competent jurisdiction, all other Articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement.

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ARTICLE 7

BULLETIN BOARDS

7.01 The County shall provide the Union with a reasonable amount of space (not to exceed twenty-five percent (25%) of the total space) on the County's bulletin board at each fire station. Bulletin board space provided for the Union's use shall be clearly marked as such.

7.02 The Union's bulletin board space may be utilized for the posting of notices of Union meetings, notices of Union elections and results, minutes of Union meetings, copies of the Union's constitution and by-laws and amendments thereto, notices of Union recreational and social functions, names of Union officials, notices of dues increases and monthly and/or weekly Union Newsletters.

7.03 All materials placed upon the bulletin boards by the Union will be signed by the Union President or other Union officer. Copies of any materials to be posted will be approved by the Division Director or his/her designee prior to posting, unless materials are listed above in Section 7.02

7.04 Materials placed on the bulletin board shall pertain only to Union business and activities and shall not contain anything political or disruptive to the workplace, or anything reflecting negatively upon the County or any of its elected or appointed officials or employees. No material, notices, or announcements which violate the provisions of this Section shall be posted, and, if posted, may be removed.

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ARTICLE 8

UNION BUSINESS

8.01 The Union shall designate five (5) employees in the County Division of Fire Services to represent all the bargaining unit employees, (five (5) total for all bargaining units) for the purpose of handling grievances and dealing with management on matters of interpretation of this and the supervisory Agreements. It shall be the responsibility of the Union to notify the Personnel Director and the Fire Services Director in writing of the names of the aforementioned employees (and any changes thereto).

8.02 The County shall mail the President of the Union a copy of the agenda for each regularly scheduled meeting of the County Council.

8.0302 Only two (2) employees designated by the Union shall be permitted to attend, without loss of pay, the County Council meeting where final action is scheduled to be taken on approval (or rejection) of a collective bargaining agreement to succeed this Agreement.

8.0403 The five (5) employees designated pursuant to Section 8.01 above shall be permitted reasonable access for reasonable periods of time to work locations of Fire Services to handle specific grievances and matters of interpretation of this Agreement. The exercise of such access rights by such designated employees shall not interfere with their duties or the duties of other employees. No more than one (1) on-duty employee representative shall be permitted to attend any grievance meeting or any other meeting scheduled with Management.

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ARTICLE 9

FIRE SERVICES RULES & REGULATIONS

9.01 The Union shall be provided a copy of the current Fire Services SOGs and any directives and memoranda, which update or supersede portions of these documents at the beginning of every contract term. Should the Union request impact bargaining on a revision to these documents, the County will engage in such bargaining to the extent required by applicable law.

9.02 The County agrees to bargain over mandatory subjects of bargaining to the extent

required by applicable law.

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ARTICLE 10

INDIVIDUAL RIGHTS

10.01 Nothing contained in this collective bargaining agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy available under this Agreement without representation of the Union. Further, nothing contained in this Agreement shall foreclose any employee from discussing a problem directly with his immediate supervisor or other Fire Services official without the intervention of the Union; provided that the immediate supervisor or other Fire Services official agrees to discuss and/or attempt to resolve the matter outside the formal grievance procedure.

10.02 In matters involving a formal grievance, the Union shall be given the opportunity to be present at any meeting called for the resolution of such grievance, and only the Union may require arbitration of any grievance.

10.03 The County, recognizing that firefighters have specific rights granted under Florida State Statues, agrees that the employees covered hereunder shall be entitled to such representation and notification as required under Florida Statutes 112.82.

10.04 Right to Union Representation

Employees have the right to Union representation under the following circumstances:

A. The employee is being questioned by a supervisor; and

B. The employee reasonably believes that he/she may be subject to discipline as a result of the questioning.

10.05 When an employee requests Union representation pursuant to Section 10.04, the

County will cooperate to facilitate the availability and presence of a Union representative for the questioning. If no Union representative can be available at the time scheduled for the investigative interview, the County will postpone the questioning for a reasonable time.

10.06 The County will observe the Firefighters Bill of Rights Section 112.80, et seq., Florida Statutes.

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ARTICLE 11

TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION

11.01 In the event the Fire Services Director determines that there is a need to temporarily fill a regularly budgeted lieutenant position with an employee from a Firefighter classification, he shall take such action in accordance with the provisions of the Volusia County Merit System Rules and Regulations governing such temporary assignments to higher classifications. The County will not remove a Firefighter riding up as a Lieutenant from the temporary assignment prior to the expiration of 30 days solely to avoid paying the Firefighter monies the Firefighter would be due under the Merit Rules.

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ARTICLE 12

SENIORITY

12.01 Seniority shall consist of continuous accumulated paid service with Volusia County. Seniority shall accumulate during absences in which the employee is receiving worker's compensation benefits as a result of an injury sustained in his employment with the County of Volusia. Seniority may be utilized for the following purposes:

A. Vacations for each year shall be scheduled in accordance with preexisting practice at each work location; provided, however, that the Division shall retain the right to utilize seniority in the event that management cannot establish an appropriate vacation schedule. Nothing contained herein shall be interpreted as restricting the Division’s right to cancel vacations during any given period in the event of a bona fide disaster or civil emergency;

B. In the event of a non-promotional vacancy in any specialized function within the

Division, length of service with the County and the Division will be considered along with skills, abilities, and the requirements of the job;

C. In case of a reduction-in-force, employees with the least seniority shall be laid off

first. All time as a career Volusia County employee will constitute total seniority. All employees who were laid off last will be the first recalled and must be recalled prior to any new hires.

D. In the event of recall from layoff, the employees covered hereunder shall be

governed by the Volusia County Merit System Rules and Regulations; provided, however, that no employee shall be recalled unless he/she is in compliance with all state certification requirements applicable to active firefighters, EMTs, and/or paramedics (whichever is applicable). A recalled employee may be required to take any physical examination required under current County and/or Fire Services procedures. No laid-off employee shall retain recall rights beyond two (2) years from the date of layoff.

E. An employee who is selected for lay-off as a result of a reduction in force of

closing of a station, or transfer of a station to another employer, shall be given no less than thirty (30) days written notice prior to such lay-off. Such notice shall state the anticipated effective date of the lay-off; the reason for such action; and a general statement of the employee’s rights (if any) to employment under the Merit System Rules and Regulations. A copy of the aforementioned notice shall be mailed or hand delivered to the President or other officer of the Union.

12.02 The parties recognize that in filling vacancies on a particular shift and /or at a

particular station, the requirements of the Division of Fire Services shall be the primary consideration. If, however, Fire Services determines that there is a need to fill a vacancy on a particular shift and/or at a particular station, it may notify the employees covered hereunder of

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such vacancy and request that any employee hereunder submit an application indicating his/her interest in filling the vacancy. The Division of Fire Services shall have the sole and exclusive right to determine the specific qualifications, including skills, abilities, experience, training and/or certifications, needed to fill any vacancy so announced. No employee shall be selected to fill the announced vacancy unless he/she meets the qualifications established by the Department. provided, however, that if two (2) or more employees meet the qualifications established by the Division, the Division shall select the employee with the greater seniority. Notwithstanding the foregoing, the Division shall be under no obligation to transfer any employee to a different shift and/or station where such transfer would in the Division’s judgment result in an unacceptable loss of qualifications, including skills, abilities, experience, training, or certification, due to the employee’s departure. Further, nothing contained in this paragraph shall in any manner restrict the Division from transferring any employee covered hereunder from location to location and/or shift to shift whenever the Division determines that such transfer is necessary for the efficiency of Fire Services operations. If the employee so requests, he shall receive the reason for his/her transfer in writing.

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ARTICLE 13

GRIEVANCE AND ARBITRATION PROCEDURE

13.01 A "grievance" is a claimed violation of a specific provision of this Agreement. No grievance will or need be entertained or processed unless prepared in writing in the manner described herein, and unless filed in the manner provided herein, within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee and/or by the Union.

13.02 Members of the bargaining unit will follow all written and verbal orders given by superiors even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance.

Grievances are limited to claims as defined above. The County need not entertain or process under this Article and may refuse to entertain or process any dispute, claim or complaint or other matter not meeting this definition.

13.03 Grievances will be processed in the following manner and strictly in accordance with the following stated time limits. An employee must first discuss a grievance with the employee's immediate non-bargaining unit SupervisorCaptain. If the grievance is not resolved by the immediate non bargaining unit SupervisorCaptain the aggrieved employee may then proceed to Step 1.

STEP 1

13.04 An aggrieved employee or the Union shall present in writing the grievance to the aggrieved employee's Assistant Deputy Chief of Operations by facsimile or hand delivery within ten (10) calendar days of the occurrence which gave rise to the grievance on the prescribed grievance forms which shall be standard forms used throughout the grievance procedure. If the grievance is transmitted by facsimile, the grievant must simultaneously forward the original hard copy by inter-office mail. Upon receipt of the grievance, the Assistant Deputy Chief of Operations shall forward a copy of the grievance to the Fire Services Director and County Personnel Director. In the event of a grievance filed by an individual bargaining unit member without Union involvement, the Assistant Deputy Chief of Operations shall forward or deliver a courtesy copy of the grievance to the Union office or any Union officer or representative. The Assistant Deputy Chief of Operations will make a decision and communicate it in writing to the grievant, the Union and the Personnel Director on the prescribed form within ten (10) calendar days from the date the grievance was received.

STEP 2

13.05 If the grievance has not been resolved with finality at Step 1, the aggrieved employee or Union may, within five (5) calendar days following the answer in Step 1, present the grievance in writing to the Fire Services Director. The Fire Services Director or designee shall conduct a meeting with the grievant within ten (10) calendar days of receipt of the written

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grievance. The grievant may be accompanied at this meeting by a Union representative. The Fire Services Director will notify the employee, the Union and Personnel Director of his decision in writing within ten (10) calendar days after the Step II meeting.

STEP 3

13.06 If the grievance is not fully resolved at the second step, the aggrieved employee or Union may forward the written grievance to the Grievance Adjustment Board through the Personnel Director within five (5) calendar days of receipt of the answer provided in Step 2. The Grievance Adjustment Board shall consist of the County Manager or designee, the Union President or designee, and one other management employee of the Volusia County Division of Fire Services outside the bargaining unit and designated by the Personnel Director. The Grievance Adjustment Board shall meet within ten (10) twenty (20) calendar days after receipt of the grievance unless such time is mutually extended in writing. The majority decision (i.e., 3-0, 2-1, or 2-0) of the Grievance Adjustment Board shall be determinative of the grievance. The Grievance Adjustment Board shall notify the aggrieved employee, the Union, and the Division of the Board's decision within five (5) ten (10) calendar days following the meeting.

ARBITRATION

13.07 If any grievance is not resolved by the foregoing grievance procedure (i.e., the Grievance Adjustment Board's decision is not accepted), the Union, within ten (10) calendar days after the Grievance Adjustment Board's decision, may give to the County Manager, by hand delivery or by registered or certified mail, a written notice of its desire to submit the matter to arbitration; said written notice to include a written statement of the position of the Union with respect to the arbitratable issues; provided, however, that such written notice shall not in any manner expand the original grievance or the remedy sought therein.

13.08 Within fifteen (15) calendar days from receipt of such notice, the parties shall jointly request a list of nine (9) qualified arbitrators from the Federal Mediation and Conciliation Service. The Union and the County will alternately eliminate one from said list of names of persons not acceptable until only one remains and this person will be the arbitrator.

13.09 As promptly as possible after the arbitrator has been selected, he shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the employee or employees aggrieved the County and the Union in writing. It shall be the obligation of the arbitrator to make his best effort to rule within thirty (30) calendar days after the hearing.

The expenses of the arbitration, including the fee and expenses of the arbitrator shall be shared by both parties. Each party shall be exclusively responsible for compensating its own representatives and witnesses. Any party desiring a transcript of the hearing shall bear the cost of the transcript unless both parties mutually agree to share the cost.

13.10 The arbitrator will confine his consideration and determination to the written grievance presented in Step 1 of the Grievance procedure. The arbitrator shall have no authority

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to substitute his judgment for that of management and/or 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 Agreement; nor shall this Agreement be construed by the arbitrator to supersede applicable state and federal laws or the County charter, ordinances, or resolutions, except to the extent as specifically provided herein.

13.11 The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. The party filing the grievance and requesting arbitration shall, at all times, have the burden of proving that the action taken by the non-grieving party violated a specific provision of this Agreement. The arbitrator's decision shall be final and binding; provided, however, that either party shall be entitled to seek review of the arbitrator's decision in the Circuit Court under applicable law.

13.12 It is agreed, with respect to this grievance and arbitration procedure, that:

a. It is the intent of the parties that a grievance must be raised at the earliest possible time. Any grievance, in order to be entertained and processed, must be submitted in a timely manner by the grievant.

b. Grievances not submitted by the grievant in a timely manner shall be

conclusively barred on the merits following the expiration of the proscribed time limit. Such a time-barred grievance may not be entertained or processed, and only facts disputed as to timing will be the subject of any arbitration resulting from the matter. A grievance which is for any reason not the subject of a timely response by the County or by the Division shall require the grievant to proceed to the next step, and failure of the grievance to proceed on a timely basis to the next step shall bar the grievance.

c. A time limit at any stage of the grievance procedure may be extended by

written mutual agreement of the Union and the County.

d. All grievances shall be dated and signed by the aggrieved employee or Union representative at each and every step of the grievance procedure. Any decisions rendered shall be in writing and shall be dated and signed by the County's representative at that step.

e. In order to constitute a valid grievance, the grievance as filed in Step 1 of

the grievance procedure shall set forth the following:

1. A statement of the grievance;

2. The section or sections of this Agreement claimed to have been violated; and

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3. The remedy or correction requested by the grievant.

f. Unless mutually agreed, all grievance hearings will be held during Fire Services’ business hours.

g. Any grievance filed on behalf of or for the benefit of any employee or employees

must specifically name all such employees, and may not be amended after the grievance is filed in Step 1 to include additional names. No monetary or other relief shall be sought, granted, or awarded to any employee not specifically named in the original grievance filed in Step 1 of the grievance procedure.

h. Nothing in this Article shall be construed to prevent any employee from

presenting his own grievance with whomever he wants to represent him. It is understood that either an individual, an attorney, or a Union representative may represent a grievant, but under no circumstances shall more than one person represent the grievant at any step of the grievance procedure. (Up to two (2) additional persons representing the Union may attend a grievance meeting; provided, however, that only one (1) person shall be recognized as the grievant's official representative and not more than one (1) employee representative attending a grievance proceeding shall be in on-duty status.) In the event the grievant is representing himself/herself or is otherwise not being represented by the Union, the County shall so notify the Union. Unless the grievant objects thereto, the Union may monitor and attend the various steps of the grievance proceedings, but may not otherwise participate therein.

i. Where a grievance is general in nature in that it applies to a group of employees

rather than a single employee, or if the grievance is directly between the Union and the Department or the County, such grievance shall be presented in writing directly to the Fire Services Director within ten (10) calendar days of the occurrence of the events which gave rise to the grievance. The grievance shall be signed by all of the aggrieved employees or the Union President. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Steps 2 and 3 of the grievance procedure; provided, however, that the grievance must contain the detailed information required in Step 1 above.

j. A non-dues paying bargaining unit employee may avail himself/herself of all

procedures under this Article. In so doing, such non-dues paying bargaining unit employee shall be required to bear the full cost of preparing and presenting his/her own case and his/her arbitration expenses as set forth in Section 6 above.

k. Grievances as defined in this Agreement, including those involving discharge and

other disciplinary action, may be processed through the Grievance and Arbitration procedure herein or through the grievance and appeal procedure set forth in the Volusia County Merit System Rules and Regulations. The initiation (or filing) of a grievance or appeal through one procedure (the County Merit System Rules and Regulations or the Grievance/Arbitration procedure) shall bar the individual from

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utilizing the other procedure (Merit System Rules and Regulations or Grievance/Arbitration). Time limits shall be governed by the procedure utilized (Merit System Rules and Regulations or Grievance/Arbitration).

l. No part-time, limited term, temporary or initial probationary employee shall be

entitled to utilize the grievance and arbitration procedures set forth in this collective bargaining agreement.

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ARTICLE 14

OPEN ARTICLE

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ARTICLE 15

BEREAVEMENT LEAVE

15.01 In the event of a death in his/her immediate family, an employee covered hereunder shall be entitled to utilize leave in accordance with the County's Merit System Rules and Regulations. be granted up to three working days off with pay for non-shift employees and up to one shift (24 hours) for 24-hour shift employees. These days off shall not be charged to annual leave or sick leave. For the purpose of this section, the term ``immediate family'' shall be limited to the spouse, child, parent, brother, sister, father-in-law, mother-in-law, grandfather, grandmother and grandchildren. In circumstances of extreme hardship, the department head may grant additional days off with pay with prior approval of the personnel director, as follows:

a. Spouse or child. A maximum of 80 hours of family sick leave may be granted to an employee in the event of death of his spouse or child.

b. Other members of immediate family. A maximum of three working days of family sick leave may be granted for non-shift employees and up to one shift (24 hours) for 24-hour shift employees in the event of a death in an employee's immediate family.

c. Additional time. If more time is required than granted under subsections a. and b. of this subsection, the additional time may be charged to annual leave or leave without pay with the approval of the immediate supervisor.

d. Refusal to grant leave. The department director may limit such leave to less than that specified in this subsection, or refuse to grant such leave, if the employee does not intend to attend the last rites of the deceased relative and/or cannot demonstrate reasonable need for the amount requested.

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ARTICLE 16

NO SMOKING POLICY

16.01 All employees covered hereunder hired on or after October 1, 1989, shall be non-tobacco users at the time of hire as a condition of employment and shall be required, as an absolute condition of continued employment, to refrain from smoking cigarettes, cigars, pipes, or use of any type of tobacco products of any kind at all times, whether on or off duty. Any employee covered hereunder hired on or after October 1, 1989, who violates this provision will be subject to disciplinary action up to and including termination.

16.02 The parties further agree to cooperate to encourage firefighters hired before October 1, 1989, to stop using tobacco products. Upon request of any employee covered hereunder, the County shall refer said employee to any available nicotine cessation program. Attendance at such nicotine cessation program shall be at the expense of the employee (except to the extent that such program is covered by the employee's County health insurance). It is understood that participation in any such program shall be on the employee's personal time and shall not be compensable.

16.03 All employees covered hereunder hired before October 1, 1989, shall be prohibited from smoking cigarettes, cigars, pipes, or otherwise using tobacco products of any nature in the Fire Stations or in other Fire Services facilities, apparatus, equipment, or vehicles. Employees covered hereunder hired before October 1, 1989, shall, however, be permitted to smoke or otherwise use tobacco products only in areas specifically designated for such purpose by the Fire Services Director . The Fire Services Director shall designate one such area on the property of each Fire Station and each building in which Fire Service activities regularly occur. Such designated "smoking" (tobacco use) areas shall be outside the view of the general public. The employees covered hereunder shall be responsible for making certain that the aforementioned designated areas are kept clean (e.g., used tobacco products are deposited in an appropriate receptacle). Any employee hired before October 1, 1989, who violates this provision will be subject to disciplinary action up to an including termination.

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ARTICLE 17

TRAINING

17.01 The Division of Fire Services shall make a good faith effort to keep the employees covered hereunder informed of all pertinent development concerning firefighting, fire prevention, rescue techniques, hazardous materials, fire safety and EMS.

17.02 Where the Division requires an employee covered hereunder to attend training in specialized fire or EMS techniques, a reasonable effort will be made to facilitate the employee attending such training during his normal working hours. In the event the Department is unable to schedule such training during his normal working hours, the employee may be required to attend such training during his off-duty hours; provided, however, that the actual time spent by the employee in such training shall be compensated in accordance with the Hours of Work and Overtime Article.

17.03 In the event that an employee requests (volunteers) to be sent to a given training program, payment, if any, relative to attendance at such training program shall be as mutually agreed upon between the employee or employees involved and the Fire Services Director and the County Personnel Director.

17.04 Compliance with all certification and recertification requirements shall be the obligation and responsibility of the employee. No employee shall be entitled to compensation for taking firefighter, paramedic or EMT certification or recertification courses. The County, however, will make a reasonable effort to provide the employees with an opportunity to take recertification courses while on duty (paid status). Should off-duty time be required to take such courses, such time will not be compensated.

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ARTICLE 18

SHIFT EXCHANGES 18.01 Employees engaging in a shift exchange agree that the County has no responsibility for payment or repayment of shift exchanges if an employee for any reason, including termination, does not repay a shift exchange. 18.02 Mutual shift exchanges (station swaps) will be permitted subject to management approval.

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ARTICLE 19

PHYSICAL EXAMINATIONS AND WORKERS' COMPENSATION BENEFITS

19.01 If required by the County, physical examinations shall be provided and paid for by the County. Workers Compensation benefits shall be provided and paid for by the County as required by Florida law.

19.02 The County agrees that, upon the recommendation of a committee comprised of the Protective Services Director, the Fire Services Director and the Personnel Director, or their respective designees, the County Manager, at his/her discretion, may authorize the supplemental payment, that, when combined with worker’s compensation pay, shall restore the bargaining unit employee to full base pay under the condition that the employee was injured in the line of duty, and whose injury was not caused by, or contributed to by, his/her own negligence or deliberate conduct of other members of the bargaining unit. The period of time of such supplemental pay shall be subject to the recommendation of the aforementioned committee, and shall be within the exclusive discretion of the County Manager. 19.03 All employees covered hereunder hired on or after October 1, 2007, shall be required to maintain their persons such that they are physically fit for duty as a condition of continued employment. Any employee covered hereunder hired on or after October 1, 2007, who fail to meet the standards for physical fitness-for-duty, as provided at the time of their employment, shall be subject to termination of employment. The union will be provided sixty (60) days notice prior to the administration of testing each year. 19.04 Physical Fitness for Duty for employees hired on or after October 1, 2007, shall be determined by the successful completion of the VCFS Structural Fire Fighter Agility test, based on age and gender, as described below. Times Standard to Complete Tests (in minutes) Age Male Female 18-30 4:40 6:00 31-40 5:00 6:20 41-50 5:20 6:40 51-60 5:40 7:00 >60 6:00 7:20 Successful completion of the test is required for each year of employment. 19.04.01 Employees hired on or after October 1, 2007, who fail to achieve the required time limit as described above shall be provided three (3) opportunities to achieve the required time. The employee is fully responsible for his/her fitness level. A retest shall be administered no later than six (6) weeks after the date of the previous test. The total time to successfully complete the Agility test shall not exceed 18 weeks. Any employee who is required to retest and pass the test in a subsequent calendar year shall be

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required to complete annual testing in that year. Any employee who fails the test three (3) consecutive times is subject to termination.

19.04.02 Employees recovering from a documented injury, illness, or other medical condition as verified in writing by a physician may request to defer a scheduled annual test or a retest. However, any change in a test timeframe(s) shall be established exclusively by the County Physician in conjunction with the Division Director of Fire Services fitness coordinator based on the nature and/or severity of the illness/injury/medical condition, its duration, and other factors determined relevant by the County Physician and the Division Director of Fire Services fitness coordinator.

19.05 All employees covered hereunder and hired prior to October 1, 2007, shall be evaluated annually and must achieve a time of 7:45 minutes or less on the Structural Fire Fighter Agility Test. Any firefighter hired prior to October 1, 2007, who fails to achieve a time of 7:45 minutes or less shall not be eligible for a merit raise and shall not be eligible for promotion until such time as he/she has successfully achieved a time of 7:45 minutes. Any merit raise(s) implemented at that time shall not be retroactive. Employees who fail to achieve a time of 7:45 minutes or less shall be provided opportunities to re-test at intervals not less than 30 days and not more than 90 days. 19.06 Employees returning to work from an injury illness, medical condition, or other extended absence that exceeds thirty (30) days shall be required to achieve their applicable time standard on the VCFS Structural Firefighter Agility Test. Employees off duty for less than thirty (30) days due to injury, illness or medical condition may be required to test as determined by the Director of the Division of Fire Services and/or Risk Management. Relevant timeframes and retesting opportunities as described in Section 19.04 for employee hired after October 1, 2007, shall apply and when the timeframes have been exhausted appropriate action shall be implemented.

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ARTICLE 20

MANAGEMENT RIGHTS 20.01 It is the right of the County to determine unilaterally the purpose of each of its constituent agencies, set standards of service to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the County to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequences of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation.

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ARTICLE 21

DUES CHECK-OFF

21.01 Any member of the Union, who has submitted a properly executed written dues authorization card or statement to the Personnel Director or his designee, may have his/her membership dues and uniform assessments in the Union deducted from his/her wages. Dues and uniform assessments shall be deducted bi-weekly and shall, thereafter, be transmitted to the Union. However, the County shall have no responsibility or any liability for the improper deduction of any dues. Further, the Union shall hold the County harmless for any errors in the administration of the dues deduction system.

21.02 It shall be the responsibility of the Union to notify the Personnel Director, or his designee, of any change in the amount of dues to be deducted at least forty-five (45) days in advance of said change.

21.03 Under no circumstances shall the County be required to deduct Union fines, penalties, or special assessments from the wages of any member. Any employee may, upon forty-five (45) days written notice to the County and the Union, have the County cease deducting dues from his/her wages.

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ARTICLE 22

HOURS OF WORK AND OVERTIME

22.01 Recognizing that the County presently has in effect different work-shifts for different employees, it is agreed and understood that the County shall continue to pay overtime compensation in accordance with the requirements of the Fair Labor Standards Act and with the provisions described herein.

22.02 If an employee covered by this Agreement is called out to work at a time outside his/her normal working hours, he/she shall received a minimum of two (2) hours pay at his/her regular straight time rate or at time and one-half his/her regular straight time rate, whichever is applicable (i.e., depending on whether the employee has otherwise worked a sufficient number of hours to be eligible for overtime compensation). If an employee covered by this Agreement is called out to work additional hours contiguous with his/her scheduled work hours, he/she will receive payment at the rate of straight time or time and one-half, whichever is applicable, for only those hours actually worked outside his/her scheduled hours.

22.03 No supervisor or official shall take action or cause the non-payment of time and one-half in circumstances wherein the employee covered by this Agreement has performed work which entitled him/her to payment of time and one-half. Nothing herein shall restrict the County or the Division from altering work schedules or taking any other action to reduce the number of overtime or call-out hours worked by the employees covered by this Agreement. The County, however, agrees to maintain the current pay cycles applicable to 9-hour shifts and 24-hour shifts for the duration of this Agreement.

22.04 Any employee, who in the exercise of his/her official duties is ordered or required by the County to appear before any person or agency on his/her regular day off, shall be subject to the minimum call-out compensation set forth above. Any fee paid for the employee's appearance shall be paid to the County.

22.05 Insofar as possible, employees covered by this Agreement shall be given seventy-two (72) hours notice before being transferred to an across-the-County station (i.e., from an East-side station to a West-side station or vice versa).

22.06 Utilization of overtime, assignment of overtime, and selection of personnel to work overtime shall be at the discretion of management in a fair and equitable manner. All overtime assignment records will be made available to the Union upon the Union’s request.

22.07 Compensated sick leave shall not be credited as time worked for the purpose of computing overtime. If, however, an employee is unable to work one of his/her regularly scheduled work shifts due to illness, he/she will not have his/her sick leave account debited if he/she works an additional shift (i.e., a shift which is not included in his/her regular work schedule) within the same 21-day work cycle. Such additional shift will be paid at the employee's straight time rate, and the employee's compensation shall otherwise be treated as if the employee had not missed a regularly scheduled shift due to illness.

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The substitution of an additional shift for sick leave hereunder shall require the approval of the Operations Chief, or his/her designee.

22.08 Employees covered hereunder whose shift begins on an approved holiday and they work shall be paid at a rate of time and one half. Otherwise, holiday pay shall not be included in overtime computation and shall be compensated at straight time.

22.09 If an employee covered by this agreement is called out to work at a time outside his/her normal hours, and must report directly to the scene of an emergency, he/she shall receive a minimum of two and one half (2½) hours pay at his/her regular straight time rate, or at time and one half his/her straight time rate, whichever is applicable (i.e., depending of whether the employee has otherwise worked a sufficient number of hours to be eligible for overtime compensation.

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ARTICLE 23

UNIFORMS AND CLEANING ALLOWANCE

23.01 Each employee covered hereunder will be given a Seven Dollars ($7.00) per week cleaning allowance for the maintenance of his/her uniforms and linen.

23.02 Fire Services Division employees will be provided a light-weight jacket and a sweat shirt, the County will provide employees covered hereunder with belts.

23.03 The Fire Services Division, through the Logistics Section, will outfit the

bargaining unit employees with standardized structural leather combat boots and extrication gloves and fire shield mask.

23.04 Any equipment, uniforms, or gear provided by the County that is lost, stolen, or damaged, shall be replaced at the cost of the County unless it resulted from employee negligence. 23.05 The clothing allowance for fiscal year 2010-2011 2007-2008 is $300.00$400.00.

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ARTICLE 24

LINEN SERVICES

24.01 The County will provide all Fire Services Division employees on twenty-four (24) hour shifts with the following:

A. One (1) laundry bag B. Two (2) sets of sheets C. Two (2) pillowcases D. Two (2) towels E. Two (2) washcloths

The County shall make a good faith effort to supply the above items within a month of an employee commencing his/her twenty-four (24) hour shift assignment.

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ARTICLE 25

LIMITATION ON OPENING NEGOTIATIONS

This Agreement contains the entire agreement of the parties relative to wages, working conditions, and all other matters which have been or could have been negotiated by and between the parties prior to execution of this Agreement. Neither party shall be permitted to reopen or renegotiate this Agreement unless mutually agreed to by the parties for Fiscal Year 2007-2008.

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ARTICLE 26

PRINTING AND SUPPLYING AGREEMENT

26.01 The County shall provide the Union with an original and one (1) copy of this Agreement as ratified by the County Council (at no cost to the Union). The Union shall be responsible for distribution of the Agreement to the employees covered hereunder.

26.02 The County shall make a copy of this Agreement available at each Fire Station within sixty (60) days following ratification at no cost to the Union. Bargaining unit employees and non-bargaining unit supervisors may utilize said copy for reference purposes.

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ARTICLE 27

LOCKER SPACE

27.01 The County will provide, at no cost to the employees, individual lockers at each Fire Station.

27.02 Such individual lockers shall be used by the employee for storing clothing, toiletries, or other personal effects.

27.03 Lockers provided by the County shall at all times remain County property. The employee shall have no expectation of privacy with respect to such locker. The County, therefore, shall have the right to open and inspect any such locker for the purpose of determining whether it contains illegal items, items not allowed on Fire Station premises, or items not properly in the possession of the employee. Unless emergency conditions require otherwise, no locker will be opened and searched without the authorization of the Fire Services Director (or his immediate management subordinate). Further, unless emergency conditions require otherwise, the individual utilizing the locker shall be given a reasonable opportunity to be present when the locker is opened and searched.

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ARTICLE 28

SAFETY AND HEALTH

28.01 The County shall comply with all safety and health laws and regulations applicable to the employees covered hereunder. The County and the Union will cooperate in the continuing objective of eliminating accidents and health hazards and the enforcement of safety rules and regulations.

28.02 The County shall provide all protective devices, wearing apparel, and other equipment which it deems reasonable and prudent to protect the employees from injury. Such protective devices, apparel, and equipment must be used. The Union agrees that neglect or failure to obey safety regulations or to use or maintain the safety equipment furnished by the County shall constitute a basis for disciplinary action.

28.03 The Fire Station and all equipment and apparatus shall be maintained in a manner that will promote the elimination of accidents and make the workplace safer and less likely to cause injuries. All employees are to immediately report any alleged unsafe conditions to the Fire Chief.

28.04 Employees will be personally fitted for their assigned S.C.B.A. mask. Masks will either be new or factory reconditioned and certified.

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ARTICLE 29

INSURANCE

29.01 Effective October 1, 2008, the County agrees to provide hospitalization and dental insurance programs to the employees covered hereunder to the same extent and under the same financial conditions as such programs exist for the County’s general employees as of the effective date of this Agreement/Articleat the rates given for fiscal year 2006-2007.

29.02 The County will provide a long term disability insurance program to employees covered hereunder.

29.03 The County will make available to the employees covered hereunder a short-term disability insurance program; provided, however, that each participating employee will bear his/her own cost (premium) of participation and that the program will be made available only if all conditions precedent, including the requirement of a sufficient number of participants, are met.

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ARTICLE 30

WAGES Upon final ratification of this Agreement by the Union and approval by the County Council, the pay rates/ranges for covered positions shall be as follows: 30.1 For Fiscal Year 2008-2009, there will be no pay increases. 30.2 For Fiscal Year 2009-2010, there will be no pay increases. 30.3 For Fiscal Year 2010-2011, upon effective date of this Agreement/Article, all employees on the payroll as of that date shall receive a $4033.00 lump sum payment (not added to base pay). Additionally, for Fiscal Year 2010-2011, after the lump sum payment, all employees on the payroll as of the effective date of this Agreement/Article shall receive a two percent (2%) increase added to base pay. Upon the effective date of this Agreement/Article, the pay rates/ranges for covered positions shall be as follows: *The lump sum amount for FY 2010-2011 includes the value of lump sum payments for FY 2008-2009 and FY 2009-2010 as if such payments had been made in those fiscal years. See attachment “A” on how the FY 2010-2011 payment was calculated.

PAY RANGES Pay Level A: State of Florida Firefighter Certification Hourly 9-hour $12.28 - $18.40 $12.5243 - $18.7723

24-hour $10.43 - $15.63 $10.6338 - $15.9387

Annually $28,732.17 - $43,065.81 $29,306.81 - $43,927.13 Pay Level B: State of Florida Firefighter Certification and Emergency Medical Technician or Paramedic Certification Hourly 9-hour $12.87 - $19.37 $13.1321 - $19.7618

24-hour $10.93 - $16.45 $11.1499 - $16.7789

Annually $30,126.61 - $45,335.86 $30,729.14 – $46,242.58 Pay Level C: Level B requirements and 1 year paid career firefighting experience or 3 years volunteer firefighting experience Hourly 9-hour $13.54 - $20.65 $13.8106 - $21.0623

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24-hour $11.50 - $17.53 $11.7260 – $17.8831

Annually $31,683.21 - $48,319.33 $32,316.87 - $49,285.72 Pay Level D: Level B requirements plus 2 years paid career firefighting experience with Volusia County and (1) State of Florida Paramedic certification, or (2) A.S. degree in Fire Science, or (3) completion of one of the following:(a) State of Florida Municipal Fire Inspector certification, (core plus 200 elective hours);(b) Fire Suppression Services (core plus 160 elective hours);(c) or (4) State of Florida Fire Officer 1(core plus 120 elective hours) Hourly 9-hour $14.90 - $23.66 $15.1959 – $24.1297

24-hour $12.65 - $20.08 $12.9022 - $20.4875

Annually $34,861.26 - $55,356.44 $35,558.49 - $56,463.57 1. Elective hours must be from 40-hour block (or greater) courses approved by the Fire

Services Department. Airport Fire Services employees covered hereunder may qualify for Pay level D by complying with the above requirements or by completing the course work (200 hours) under FAA Regulations 139 plus completing 200 hours of courses in blocks no less than 40 hours from an approved list of courses established by the Airport Director. Such list may include specialized airport fire courses and the elective courses established by the Fire Services Department.

2. All annual pay ranges are based upon the 24 hours pay rates times 2756 hours. 3. Effective October 23, 2004, The paramedic pay incentive for bargaining unit employees

with an active paramedic certification and “sign off” by the Medical Director shall be increased from $1.00 to $2.00 per hour.

4. Effective October 8, 2005, bargaining unit employees shall be eligible for merit increases

on their anniversary dates (October 2005 or April 2006, and October 2006 or April 2007 for Firefighters and actual anniversary dates in 2005-2006 and 2006-2007 for Lieutenants) ranging from 0-4%, with an average increase of 3% based on their performance in Fiscal Years 2005-2006, and 2006-2007 and the total amount allocated for each such fiscal year by the County for members of the bargaining units. (Note: Retroactivity section below.) Should the anniversary date merit increases distributed not exhaust the total amount allocated for the bargaining units for each of the fiscal years, the remaining amount shall be distributed to the bargaining unit employees based on merit considerations at or immediately prior to the conclusion of the fiscal years. Bargaining unit members who are currently at the pay range maximum may be eligible for a one time lump sum merit bonus not to exceed one thousand dollars ($1,000.00), but in no event greater than the lump sum equivalent of the percentage merit increase of the base annual salary they would have otherwise received. If an individual’s pay rate is less than the maximum, but the proposed merit increase would place the new pay rate above the

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pay range maximum, then the employee would be eligible for a combination pay increase and lump sum bonus; provided, however, that the total amount of pay increase and lump sum bonus shall not exceed one thousand dollars ($1,000.00).

There will be no merit increases or bonuses for bargaining unit employees for Fiscal Year 2007-2008.

Senior Firefighter/Lieutenant Designation

5. Effective October 23, 2004, Any Firefighter or Fire Lieutenant (or a combination of service in both ranks) with seven (7) or more years of service with Volusia County Fire Services and has the following: A. State of Florida Pump Operator Certification; OR B. Fire Instructor I and CPR Instructor Certification; OR C. Two (2) year Associate’s degree (or greater); OR D. EMS Instructor and CPR Instructor Certification, shall be designated a Senior Firefighter or Senior Lieutenant, whichever is applicable, and shall receive a five percent (5%) merit pay increase.

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ARTICLE 31

SPECIAL ASSIGNMENTS AND TEAMS

Special Teams

31.01 Fire Services hereby establishes three (3) special teams: HAZMAT; Wildfire and Technical Rescue. The size of these special teams, qualifications, selection, and removal of special team members, training requirements and all other matters concerning special team will be determined by the Fire Services Director or his/her designee.

31.02 The minimum and maximum number of bargaining unit employees on each special team shall be as follows:

A. The HAZMAT Team will include up to a maximum total of 25 bargaining unit employees. Effective upon ratification and approval of this Agreement, there shall be a minimum of 25 bargaining unit employees and a maximum of 35 bargaining unit employees on this special team.

B. The Wildfire Team will include up to a maximum total of 25 bargaining unit

employees. Effective upon ratification and approval of this Agreement, there shall be a minimum of 25 bargaining unit employees and a maximum of 35 bargaining unit employees on this special team.

C. The Technical Rescue Team will include up to a maximum total of 25 bargaining

unit employees. Effective upon ratification and approval of this Agreement, there shall be a minimum of 25 bargaining unit employees and a maximum of 35 bargaining unit employees on this special team.

31.03 Bargaining unit employees will receive incentive pay for the period during which

they are appointed to and serving on one of the three (3) special teams. The rate of incentive pay to be paid will be based on the level of training satisfactorily completed by the special team member. If an employee is a member of more than one special team, he/she will be eligible for only one special team incentive (i.e., whichever incentive is greater. Bi-weekly incentive pay is calculated into determining overtime pay in compliance with the provisions of the Fair Labor Standards Act.

31.04 Special team training and educational requirements shall be those approved by the Fire Services Director and set forth in General Directive. The Department of Fire Services shall periodically revise and update its educational and training requirements to include new and/or additional courses. In special circumstances, the Fire Services Director, in his/her discretion, may allow credit for specialized training or course work which is not on the Division’s current list of approved training and/or courses.

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31.05 The Director of Fire Services may require bargaining unit members to serve on a special team, though the member does not desire to serve on the team, when necessary to ensure sufficient members are available for successful operation of the team(s). The member will receive the rate of incentive pay he/she is qualified to receive. Members will be required to meet minimum requirements within a reasonable specified period of time. Members will not be required to serve on more than one (1) special team.

31.06 The following schedule of incentive pay shall apply to HAZMAT Team members:

A. $0.23 per hour for each bargaining unit member appointed to the team and who does not yet meet the minimum requirements to receive higher rate of incentive pay.

B. $0.60 per hour for each bargaining unit member meeting minimum requirements

and continuing requirements and who are approved to serve on the HAZMAT Team and receive incentive pay.

C. $0.76 per hour for each bargaining unit member meeting the requirements set

forth for Team Leader but who are not approved to serve as Team Leader.

D. $0.93 per hour for each bargaining unit member approved to serve at Team Leader.

These incentive rates are not cumulative. The maximum incentive for HAZMAT Team members shall be $0.93 per hour. The team member will receive monthly incentive pay commensurate with the approved HAZMAT training requirements met and as approved by the Fire Services Director or his/her designee. HAZMAT Team members not serving on the team for a full month will receive their incentive pay on a prorated basis. Approved training and/or course work completed prior to the effective date of the Article will be considered.

31.07 The following schedule of incentive rates shall apply to Wildfire Team members:

A. $0.23 per hour for each bargaining unit member appointed to the team and who does not yet meet the minimum requirements to receive a higher rate of incentive pay.

B. $0.60 per hour for each bargaining unit member meeting minimum requirements

and continuing requirements and who are approved to serve on the Wildfire Team and receive incentive pay.

C. $0.76 per hour for each bargaining unit member meeting the requirements set

forth for Team Leader but who are not approved to serve as Team Leader. D. $0.93 per hour for each bargaining unit member serving as Team Leader.

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These incentive rates are not cumulative. The maximum Wildfire Team incentive shall be $0.93 per hour. The team member will receive monthly incentive pay commensurate with the approved Wildfire training requirements met and as approved by the Fire Services Director of his/her designee. Wildfire Team members not serving on the team for a full month will receive their incentive pay on a prorated basis. Approved training or coursework completed prior to the effective date of this Article will be considered.

31.08 The following schedule of incentive pay shall apply to members of the Technical Rescue Team:

A. $0.23 per hour for each bargaining unit member appointed to the team and who yet does not meet the minimum requirements for a higher rate of incentive pay.

B. $0.60 per hour for each bargaining unit member meeting minimum requirements

and who are approved to serve on the Technical Rescue Team and receive incentive pay.

C. $0.76 per hour for each bargaining unit member meeting the requirements set

forth for Team Leaders but who are not approved to serve as a Team Leader.

D. $0.93 per hour for each bargaining unit member serving as Team Leader. These rates are not cumulative. The maximum Technical Rescue Team incentive shall be $0.93 per hour. The team member will receive the monthly incentive commensurate with the approved Technical Rescue training requirements met and as approved by the Fire Services Director or his/her designee. Technical Rescue Team members not serving on the team for a full month will receive their incentive pay on a prorated basis. Approved training for coursework completed prior to the effective date of this Article will be considered. Following execution of this Article, any bargaining unit employee who wishes to be appointed to any of the aforesaid special teams shall submit the authorized application form to the Fire Services Director or his/her designee. This application form shall include a statement as to why the employee desires to be a member of the particular special team and the listing of all relevant experience, training and/or courses completed. The application form shall be accompanied by the Division (and courses not currently approved by the Division for which the employee is seeking credit.) The appropriate incentive pay shall commence the next payroll period after the employee is appointed to a special team by the Fire Services Director or his/her designee. (Note: a separate application form shall be submitted for each special team.)

31.09 It is recognized that special team members may be required to be on-call on a rotating or periodic basis as established by Fire Services.

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31.10 Each special team member shall be responsible for submitting written documentation to the Division verifying completion of approved training and/or coursework. Further, each team member must submit a written request to the Fire Services Director or his/her designee when he/she has completed sufficient training and/or courses to advance to the next higher level of incentive pay. Incentive pay shall be increased effective the next payroll period following written approval by the Fire Services Director or his/her designee.

31.11 The Fire Services Director shall have the exclusive authority and discretion to remove and replace any bargaining unit employee from a special team for the reasons set forth in 31.15 below. Any bargaining unit employee removed from a special team shall have his special team incentive pay deleted.

31.12 No employee shall identify himself/herself as a special team member unless he/she has been appointed in writing by the Fire Service Director or his/her designee.

31.13 Compensation for training exercises for special teams shall be limited to those hours scheduled and approved by the Fire Services Director or his/her designee. There shall be no training exercises compensated other than those approved and scheduled by the Division, and voluntary training shall not be compensable as hours worked.

31.14 Time spent voluntarily taking off-duty courses and/or training for the purpose of qualifying (or re-qualifying) for special team membership and incentive pay shall not be compensable as hours worked.

31.15 Failure to maintain minimum requirements, comply with continuing requirements and/or duty roster requirements and/or perform to an acceptable level may lead to removal from the team, loss of incentive pay, and/or disciplinary action in the discretion of the Fire Services Director.

31.16 Assignment to an on-call status will be non-compensable unless the team is activated for an emergency or non-emergency response, or as other wise specified by this Article or other provisions of the Collective Bargaining Agreement.

Existing Special Assignments 31.17 Existing special assignments (e.g., Quality Assurance Paramedic) shall remain in effect subject to any current incentive pay and, to the extent feasible, the application process and conditions applicable to Special Teams set forth in paragraphs 9-15 above. As in the case of the special teams, the Fire Services Director will determine the number of assignments, the nature of the duties, and the qualifications involved. Selection and removal of employees will be within the exclusive discretion of the Fire Services Director or his/her designee. Employees may be eligible to receive incentive pay for one special team membership as well as special assignment incentive pay.

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New Special Assignments 31.18 Effective upon ratification and approval of this Agreement, bargaining unit employees will be eligible for Instructor Assignment incentive pay as follows: A. Fire Instructor I and CPR Instructor 20 cents per hour B. EMS* Instructor and CPR Instructor 20 cents per hour C. CPS Instructor Technician and CPR Instructor 20 cents per hour (* Either PHTLS, PAL/PEPP, ACLS Instructor) 31.19 Employees shall be eligible to receive up to three (3) instructor assignment incentives. 31.20 Instructor assignments will be based on certification, a performance evaluation of at least meets standards with no areas in need of improvement, and no disciplinary action of written reprimand or greater in the past twelve months.

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ARTICLE 32

FAMILY MEDICAL LEAVE YEAR

32.1 The Family Medical Leave Year shall be changed to a rolling year effective 60 days after the final ratification of this Agreement.

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ARTICLE 32 33

TERM OF AGREEMENT

323.01 Unless otherwise provided herein this Agreement shall become effective upon the later of the ratification by the Union, formal adoption by the County Council, and execution by the parties, and shall remain in full force and effect through and including September 30, 20082011. DATED this _______ day of ___________________, 20092011. VOLUSIA COUNTY FIREFIGHTERS' COUNTY OF VOLUSIA ASSOCIATION, LOCAL 3574, IAFF By: ________________________ By: _______________________

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ATTACHMENT “A”

2008-2009 2% lump sum after ratification calculated on base pay = $96,016 2009-2010 2% lump sum after ratification calculated on base pay = $96,016 2010-2011 2% lump sum after ratification calculated on base pay for 11 months = $88,015 Total = $280,047 4% lump sum after ratification calculated on base pay after 2% = $195,872 ($4,800,794.91 × 1.02 = $4,896,810.81 × .04 = $195,872) Total = $475,919 $475,919 ÷ 118 (Employees) = $4033 Total per employee = $4033 Note: All numbers are rounded

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PREAMBLE

This Agreement is entered into by the County of Volusia, Florida, hereinafter referred to as the “County,” and the Volusia County Firefighters’ Association, IAFF Local 3574, hereinafter referred to as the “Union.”

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ARTICLE 1

RECOGNITION

1.01 The County hereby recognizes the Union as the exclusive bargaining representative of all Volusia County employees in the position of Fire Lieutenant, but excluding Firefighter Officer, Volunteer Firefighter, Firefighter, Fire Services Director, Fire Science Institute Director, Fire Chief, Deputy Fire Chief, Fire Captain, Division Officer, Fire Inspector, Fire Protection Engineer, and all other employees of the County of Volusia.

1.02 Hereinafter “Director” shall mean Fire Services Director.

1.03 Hereinafter “Fire Services” shall mean Volusia County Division of Fire Services.

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ARTICLE 2

NON-DISCRIMINATION

2.01 The parties agree not to interfere with the right of any employee covered by this Agreement to become a member of the Union, withdraw from membership from the Union, or refrain from becoming a member of the Union. There shall be no discrimination against any employee covered by this Agreement, by reason of race, creed, color, national origin, sex, age, marital status, disability, Union membership or activity, or lack of Union membership or activity.

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ARTICLE 3

DRUG AND ALCOHOL TESTING

3.01 The County and the Union recognize that employee substance and alcohol abuse may have an adverse impact on the operations of the Volusia County Division of Fire Services, the image of County employees, and the general health and safety of the employees and the general public. Accordingly, the Union agrees that the County shall have the right and authority to require employees to submit to any type of toxicology and alcohol testing deemed appropriate by the County to detect the presence of any controlled substance, narcotic, drug, or alcohol as part of any physical and/or psychological examination pursuant to the County's Merit System Rules and Regulations or otherwise required for the purpose of determining an employee's fitness for duty.

3.02 The County shall also have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic, or alcohol. Testing of this nature shall be limited to circumstances that indicate reasonable suspicion to believe that the employee is under the influence of such substance, narcotic, drug, or alcohol; suffers from substance or alcohol abuse; or is in violation of any County, departmental, or state rule, regulation, or law regarding the use of such substance or alcohol.

3.03 It is further understood by the parties that the aforementioned authority to require employees to submit to such testing shall be with the Fire Services Director or his/her immediate subordinate management officials to ensure proper compliance with the terms of this Article.

3.04 A positive result shall on a drug or alcohol test may, in the County's discretion, result in appropriate disciplinary action up to and including termination. An employee's refusal to submit to toxicology or alcohol testing in accordance with the provisions of this Article shallmay, in the County's discretion, result in disciplinary action up to and including termination. Should the County deem appropriate, it may order an employee, who has tested positive, to undergo rehabilitation in lieu of or in combination with disciplinary action. The terms and conditions of such rehabilitation shall be in the sole and exclusive discretion of the County, and nothing herein shall require the County to order rehabilitation in lieu of or in combination with disciplinary action in any given situation.

3.05 In the event that an employee contests his termination or other disciplinary action resulting from a positive drug or alcohol test, the employee shall have the burden of going forward with this evidence and the burden of proving beyond any reasonable doubt that the disciplinary action taken by the County was arbitrary and capricious. The County will give out discipline in a fair and just manner.

3.0605 Notwithstanding any other provision of this Article, the County reserves the right

to administer random drug testing in the event that such random drug testing is held to be lawful under federal and Florida law.

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3.0706 Any testing under this Article shall be administered in accordance with professionally accepted standards by an individual, laboratory, or organization possessing required certification(s).

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ARTICLE 4

WORK STOPPAGES

4.01 There will be no strikes, work stoppages, picketing in furtherance of any strike or work stoppage, slowdowns, mass resignations, sick-outs, or refusal to perform assigned work by the employees covered under this Agreement. Picketing as used herein shall mean any action which has the effect of preventing any employee from reporting to or continuing to work, or preventing the public from entering public facilities.

4.02 The parties agree that any employee who participates in or promotes any of the aforementioned activities may be discharged or otherwise disciplined by the County. Nothing herein shall restrict the County from levying different disciplinary actions against different employees based on their involvement in activities prohibited hereunder. The County agrees to impose discipline in a fair and just manner.

4.03 The Union recognizes that the County and the employees covered hereunder are responsible for and engage in activities which are the basis of the health and welfare of the County citizens and; therefore, any violation of this Article would give rise to irreparable damage to the County and to the public at large. For the purpose of this Article, it is agreed that the Union shall be responsible and liable for any act by its agents, representatives, and/or officers which act constitutes a violation of state law or the provisions herein. Accordingly, it is understood and agreed that in the event of any violation of this Article, the County shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction in accordance with applicable laws.

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ARTICLE 5

PERSONNEL RECORDS

5.01 Each employee covered by this Agreement shall have the right to inspect his/her official personnel file, provided, however, that such inspection shall take place at reasonable times and at the location where the official personnel file is kept (i.e., the County Personnel Department). The employee shall have the right to make duplicate copies of any item contained in his/her official personnel file.

5.02 Employees covered by this Agreement shall have the right to file a written response to any letter of reprimand or other documents, which is placed in the employee's official personnel file subsequent to the effective date of this Agreement as the result of supervisory action or citizen complaint. Any such written response shall be included in the employee's official personnel file together with the letter of reprimand or other document against which it is directed.

5.03 At the request of the employee, any letter of reprimand which is placed in the employee's personnel file shall be marked null and void if the following conditions are met:

a. The employee files a written request with the Personnel Director setting forth the grounds for the request; and

b. The Personnel Director determines that the employee making the request has

incurred no further disciplinary action of any kind, (e.g., written reprimands, suspensions, demotions, etc.) for a period of one (1) year from the date of issuance of the letter of reprimand. Paragraph 5.03 shall not apply to disciplinary action more severe than written reprimand. Such documentation shall remain a permanent part of the employee's official personnel file.

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ARTICLE 6

SEVERABILITY CLAUSE

6.01 Should any provision of this collective bargaining agreement, or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by a decree of a court of competent jurisdiction, all other Articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement.

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ARTICLE 7

BULLETIN BOARDS

7.01 The County shall provide the Union with a reasonable amount of space (not to exceed twenty-five percent (25%) of the total space) on the County's bulletin board at each fire station. Bulletin board space provided for the Union's use shall be clearly marked as such.

7.02 The Union's bulletin board space may be utilized for the posting of notices of Union meetings, notices of Union elections and results, minutes of Union meetings, copies of the Union's constitution and by-laws and amendments thereto, notices of Union recreational and social functions, names of Union officials, notices of dues increases and monthly and/or weekly Union Newsletters.

7.03 All materials placed upon the bulletin boards by the Union will be signed by the Union President or other Union officer. Copies of any materials to be posted will be approved by the Division Director or his/her designee prior to posting, unless materials are listed above in Section 7.02

7.04 Materials placed on the bulletin board shall pertain only to Union business and activities and shall not contain anything political or disruptive to the workplace, or anything reflecting negatively upon the County or any of its elected or appointed officials or employees. No material, notices, or announcements which violate the provisions of this Section shall be posted, and, if posted, may be removed.

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ARTICLE 8

UNION BUSINESS

8.01 The Union shall designate five (5) employees in the County Division of Fire Services to represent theall bargaining unit employees, (five (5) total for all bargaining units) for the purpose of handling grievances and dealing with management on matters of interpretation of this and other supervisory and non-supervisory Agreements. It shall be the responsibility of the Union to notify the Personnel Director and the Fire Services Director in writing of the names of the aforementioned employees (and any changes thereto).

8.02 The County shall mail the President of the Union a copy of the agenda for each regularly scheduled meeting of the County Council.

8.0302 Only two (2) employees designated by the Union shall be permitted to attend, without loss of pay, the County Council meeting where final action is scheduled to be taken on approval (or rejection) of a collective bargaining agreement to succeed this Agreement.

8.0403 The five (5) employees designated pursuant to Section 8.01 above shall be permitted reasonable access for reasonable periods of time to work locations of Fire Services to handle specific grievances and matters of interpretation of this Agreement. The exercise of such access rights by such designated employees shall not interfere with their duties or the duties of other employees. No more than one (1) on-duty employee representative shall be permitted to attend any grievance meeting or any other meeting scheduled with Management.

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ARTICLE 9

FIRE SERVICES RULES & REGULATIONS

9.01 The Union shall each be provided a copy of the current Fire Services SOGs and any directives and memoranda, which update or supersede portions of these documents at the beginning of every contract term. Should the Union request impact bargaining on a revision to these documents, the County will engage in such bargaining to the extent required by applicable law.

9.02 The County agrees to bargain over mandatory subjects of bargaining to the extent required by applicable law.

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ARTICLE 10

INDIVIDUAL RIGHTS

10.01 Nothing contained in this collective bargaining agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy available under this Agreement without representation of the Union. Further, nothing contained in this Agreement shall foreclose any employee from discussing a problem directly with his immediate supervisor or other Fire Services official without the intervention of the Union; provided that the immediate supervisor or other Fire Services official agrees to discuss and/or attempt to resolve the matter outside the formal grievance procedure.

10.02 In matters involving a formal grievance, the Union shall be given the opportunity to be present at any meeting called for the resolution of such grievance, and only the Union may require arbitration of any grievance.

10.03 The County, recognizing that firefighters have specific rights granted under Florida State Statutes, agrees that the employees covered hereunder shall be entitled to such representation and notification as required under Florida Statute 112.82.

10.04 Right to Union Representation

Employees have the right to Union representation under the following circumstances:

A. The employee is being questioned by a supervisor; and

B. The employee reasonably believes that he/she may be subject to discipline as a result of the questioning.

10.05 When an employee requests Union representation pursuant to Section 10.04, the

County will cooperate to facilitate the availability and presence of a Union representative for the questioning. If no Union representative can be available at the time scheduled for the investigative interview, the County will postpone the questioning for a reasonable time.

10.06 The County will observe the Firefighters Bill of Rights Section 112.80, et seq., Florida Statutes.

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ARTICLE 11

TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION

11.01 In the event the Fire Services Director determines that there is a need to temporarily fill a regularly budgeted position in a higher job classification, with an employee from a Fire Lieutenant classification, he/she shall take such action in accordance with the provisions of the Volusia County Merit System Rules and Regulations governing such temporary assignments to higher classifications. The County will not remove a Lieutenant riding up as a Captain from the temporary assignment prior to the expiration of 30 days solely to avoid paying the Lieutenant monies the Lieutenant would be due under the Merit Rules.

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ARTICLE 12

SENIORITY

12.01 Seniority shall consist of continuous accumulated paid service with Volusia County. Seniority shall accumulate during absences in which the employee is receiving worker's compensation benefits as a result of an injury sustained in his employment with the County of Volusia. Seniority may be utilized for the following purposes:

A. Vacations for each year shall be scheduled in accordance with preexisting practice at each work location; provided, however, that the Division shall retain the right to utilize seniority in the event that management cannot establish an appropriate vacation schedule. Nothing contained herein shall be interpreted as restricting the Division’s right to cancel vacations during any given period in the event of bona fide disaster or civil emergency;

B. In the event of a non-promotional vacancy in any specialized function within the

Division, length of service with the County and the Division will be considered along with skills, abilities, and the requirements of the job;

C. In case of a reduction-in-force, employees with the least seniority shall be laid off

first. All time as a career Volusia County employee will constitute total seniority. All employees who were laid off last will be the first recalled and must be recalled prior to any new hires.

D. In the event of recall from layoff, the employees covered hereunder shall be

governed by the Volusia County Merit System Rules and Regulations; provided, however, that no employee shall be recalled unless he/she is in compliance with all state certification requirements applicable to active firefighters, EMTs, and/or paramedics (whichever is applicable). A recalled employee may be required to take any physical examination required under current County and/or Fire Services procedures. No laid-off employee shall retain recall rights beyond two (2) years from the date of layoff.

E. An employee who is selected for lay-off as a result of a reduction in force of

closing of a station, or transfer of a station to another employer, shall be given no less than thirty (30) days written notice prior to such lay-off. Such notice shall state the anticipated effective date of the lay-off; the reason for such action; and a general statement of the employee’s rights (if any) to employment under the Merit System Rules and Regulations. A copy of the aforementioned notice shall be mailed or hand delivered to the President or other officer of the Union.

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12.02 The parties recognize that in filling vacancies on a particular shift and /or at a particular station, the requirements of the Division of Fire Services shall be the primary consideration. If, however, Fire Services determines that there is a need to fill a vacancy on a particular shift and/or at a particular station, it may notify the employees covered hereunder of such vacancy and request that any employee hereunder submit an application indicating his/her interest in filling the vacancy. The Division of Fire Services shall have the sole and exclusive right to determine the specific qualifications, including skills, abilities, experience, training and/or certifications, needed to fill any vacancy so announced. No employee shall be selected to fill the announced vacancy unless he/she meets the qualifications established by the Department; provided, however, that if two (2) or more employees meet the qualifications established by the Division, the Division shall select the employee with the greater seniority. Notwithstanding the foregoing, the Division shall be under no obligation to transfer any employee to a different shift and/or station where such transfer would in the Division’s judgment result in an unacceptable loss of qualifications, including skills, abilities, experience, training, or certification, due to the employee’s departure. Further, nothing contained in this paragraph shall in any manner restrict the Division from transferring any employee covered hereunder from location to location and/or shift to shift whenever the Division determines that such transfer is necessary for the efficiency of Fire Services operations. If the employee so requests, he shall receive the reason for his/her transfer in writing.

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ARTICLE 13

GRIEVANCE AND ARBITRATION PROCEDURE

13.01 A "grievance" is a claimed violation of a specific provision of this Agreement. No grievance will or need be entertained or processed unless prepared in writing in the manner described herein, and unless filed in the manner provided herein, within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee and/or by the Union. 13.02 Members of the bargaining unit will follow all written and verbal orders given by superiors even if such orders are alleged to be in conflict with this Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance.

Grievances are limited to claims as defined above. The County need not entertain or process under this Article and may refuse to entertain or process any dispute, claim or complaint or other matter not meeting this definition.

13.03 Grievances will be processed in the following manner and strictly in accordance with the following stated time limits. An employee must first discuss a grievance with the employee's immediate non-bargaining unit Supervisor (i.e., Captain or higher)Division Chief. If the grievance is not resolved by the non-bargaining unit Supervisor (i.e., Captain or higher)Division Chief, the aggrieved employee may then proceed to Step 1.

STEP 1

13.04 An aggrieved employee or the Union shall present in writing the grievance to the aggrieved employee's Assistant Deputy Chief of Operations by facsimile or hand delivery within ten (10) calendar days of the occurrence which gave rise to the grievance on the prescribed grievance forms which shall be standard forms used throughout the grievance procedure. If the grievance is transmitted by facsimile, the grievant must simultaneously forward the original hard copy by inter-office mail. Upon receipt of the grievance, the Assistant Deputy Chief of Operations shall forward a copy of the grievance to the Fire Services Director and County Personnel Director. In the event of a grievance filed by an individual bargaining unit member without Union involvement, the Assistant Deputy Chief of Operations shall forward or deliver a courtesy copy of the grievance to the Union office or any Union officer or representative. The Assistant Deputy Chief of Operations will make a decision and communicate it in writing to the grievant, the Union and the Personnel Director on the prescribed form within ten (10) calendar days from the date the grievance was received.

STEP 2

13.05 If the grievance has not been resolved with finality at Step 1, the aggrieved employee or Union may, within five (5) calendar days following the answer in Step 1, present the grievance in writing to the Fire Services Director. The Fire Services Director or designee

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shall conduct a meeting with the grievant within ten (10) calendar days of receipt of the written grievance. The grievant may be accompanied at this meeting by a Union representative. The Fire Services Director will notify the employee, the Union and Personnel Director of his decision in writing within ten (10) calendar days after the Step II meeting.

STEP 3

13.06 If the grievance is not fully resolved at the second step, the aggrieved employee or Union may forward the written grievance to the Grievance Adjustment Board through the Personnel Director within five (5) calendar days of receipt of the answer provided in Step 2. The Grievance Adjustment Board shall consist of the County Manager or designee, the Union President or designee, and one other management employee of the Volusia County Division of Fire Services outside the bargaining unit and designated by the Personnel Director. The Grievance Adjustment Board shall meet within ten (10)twenty (20) calendar days after receipt of the grievance unless such time is mutually extended in writing. The majority decision (i.e., 3-0, 2-1, or 2-0) of the Grievance Adjustment Board shall be determinative of the grievance. The Grievance Adjustment Board shall notify the aggrieved employee, the Union, and the Division of the Board's decision within five (5)ten (10) calendar days following the meeting.

ARBITRATION

13.07 If any grievance is not resolved by the foregoing grievance procedure (i.e., the Grievance Adjustment Board's decision is not accepted), the Union, within ten (10) calendar days after the Grievance Adjustment Board's decision, may give to the County Manager, by hand delivery or by registered or certified mail, a written notice of its desire to submit the matter to arbitration; said written notice to include a written statement of the position of the Union with respect to the arbitratable issues; provided, however, that such written notice shall not in any manner expand the original grievance or the remedy sought therein.

13.08 Within fifteen (15) calendar days from receipt of such notice, the parties shall jointly request a list of nine (9) qualified arbitrators from the Federal Mediation and Conciliation Service. The Union and the County will alternately eliminate one from said list of names of persons not acceptable until only one remains and this person will be the arbitrator.

13.09 As promptly as possible after the arbitrator has been selected, he shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the employee or employees aggrieved the County and the Union in writing. It shall be the obligation of the arbitrator to make his best effort to rule within thirty (30) calendar days after the hearing. The expenses of the arbitration, including the fee and expenses of the arbitrator shall be shared by both parties. Each party shall be exclusively responsible for compensating its own representatives and witnesses. Any party desiring a transcript of the hearing shall bear the cost of the transcript unless both parties mutually agree to share the cost.

13.10 The arbitrator will confine his consideration and determination to the written grievance presented in Step 1 of the Grievance procedure. The arbitrator shall have no authority to substitute his judgment for that of management and/or to change, amend, add to, subtract

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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 Agreement; nor shall this Agreement be construed by the arbitrator to supersede applicable state and federal laws or the County charter, ordinances, or resolutions, except to the extent as specifically provided herein.

13.11 The arbitrator may not issue declaratory opinions and shall confine himself exclusively to the question which is presented to him, which question must be actual and existing. The party filing the grievance and requesting arbitration shall, at all times, have the burden of proving that the action taken by the non-grieving party violated a specific provision of this Agreement. The arbitrator's decision shall be final and binding; provided, however, that either party shall be entitled to seek review of the arbitrator's decision in the Circuit Court under applicable law.

13.12 It is agreed, with respect to this grievance and arbitration procedure, that:

a. It is the intent of the parties that a grievance must be raised at the earliest possible time. Any grievance, in order to be entertained and processed, must be submitted in a timely manner by the grievant.

b. Grievances not submitted by the grievant in a timely manner shall be conclusively

barred on the merits following the expiration of the proscribed time limit. Such a time-barred grievance may not be entertained or processed, and only facts disputed as to timing will be the subject of any arbitration resulting from the matter. A grievance which is for any reason not the subject of a timely response by the County or by the Division shall require the grievant to proceed to the next step, and failure of the grievance to proceed on a timely basis to the next step shall bar the grievance.

c. A time limit at any stage of the grievance procedure may be extended by written

mutual agreement of the Union and the County.

d. All grievances shall be dated and signed by the aggrieved employee or Union representative at each and every step of the grievance procedure. Any decisions rendered shall be in writing and shall be dated and signed by the County's representative at that step.

e. In order to constitute a valid grievance, the grievance as filed in Step 1 of the

grievance procedure shall set forth the following: 1. A statement of the grievance; 2. The section or sections of this Agreement claimed to have been violated; and 3. The remedy or correction requested by the grievant.

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f. Unless mutually agreed, all grievance hearings will be held during Fire Services’

business hours.

g. Any grievance filed on behalf of or for the benefit of any employee or employees must specifically name all such employees, and may not be amended after the grievance is filed in Step 1 to include additional names. No monetary or other relief shall be sought, granted, or awarded to any employee not specifically named in the original grievance filed in Step 1 of the grievance procedure.

h. Nothing in this Article shall be construed to prevent any employee from

presenting his own grievance with whomever he wants to represent him. It is understood that either an individual, an attorney, or a Union representative may represent a grievant, but under no circumstances shall more than one person represent the grievant at any step of the grievance procedure. (Up to two (2) additional persons representing the Union may attend a grievance meeting; provided, however, that only one (1) person shall be recognized as the grievant's official representative and not more than one (1) employee representative attending a grievance proceeding shall be in on-duty status.) In the event the grievant is representing himself/herself or is otherwise not being represented by the Union, the County shall so notify the Union. Unless the grievant objects thereto, the Union may monitor and attend the various steps of the grievance proceedings, but may not otherwise participate therein.

i. Where a grievance is general in nature in that it applies to a group of employees

rather than a single employee, or if the grievance is directly between the Union and the Department or the County, such grievance shall be presented in writing directly to the Fire Services Director within ten (10) calendar days of the occurrence of the events which gave rise to the grievance. The grievance shall be signed by all of the aggrieved employees or the Union President. Thereafter, the grievance shall be processed in accordance with the procedures set forth in Steps 2 and 3 of the grievance procedure; provided, however, that the grievance must contain the detailed information required in Step 1 above.

j. A non-dues paying bargaining unit employee may avail himself/herself of all

procedures under this Article. In so doing, such non-dues paying bargaining unit employee shall be required to bear the full cost of preparing and presenting his/her own case and his/her arbitration expenses as set forth in Section 6 above.

k. Grievances as defined in this Agreement, including those involving discharge and

other disciplinary action, may be processed through the Grievance and Arbitration procedure herein or through the grievance and appeal procedure set forth in the Volusia County Merit System Rules and Regulations. The initiation (or filing) of a grievance or appeal through one procedure (the County Merit System Rules and Regulations or the Grievance/Arbitration procedure) shall bar the individual from utilizing the other procedure (Merit System Rules and Regulations or

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Grievance/Arbitration). Time limits shall be governed by the procedure utilized (Merit System Rules and Regulations or Grievance/Arbitration).

l. No part-time, limited term, temporary or initial probationary employee shall be

entitled to utilize the grievance and arbitration procedures set forth in this collective bargaining agreement.

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ARTICLE 14

OPEN ARTILCE

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ARTICLE 15

BEREAVEMENT LEAVE

15.01 In the event of a death in his/her immediate family, an employee covered hereunder shall be entitled to utilize leave in accordance with the County's Merit System Rules and Regulations. be granted up to three working days off with pay for non-shift employees and up to one shift (24 hours) for 24-hour shift employees. These days off shall not be charged to annual leave or sick leave. For the purpose of this section, the term ``immediate family'' shall be limited to the spouse, child, parent, brother, sister, father-in-law, mother-in-law, grandfather, grandmother and grandchildren. In circumstances of extreme hardship, the department head may grant additional days off with pay with prior approval of the personnel director, as follows:

a. Spouse or child. A maximum of 80 hours of family sick leave may be granted to an employee in the event of death of his spouse or child.

b. Other members of immediate family. A maximum of three working days of family sick leave may be granted for non-shift employees and up to one shift (24 hours) for 24-hour shift employees in the event of a death in an employee's immediate family.

c. Additional time. If more time is required than granted under subsections a. and b. of this subsection, the additional time may be charged to annual leave or leave without pay with the approval of the immediate supervisor.

d. Refusal to grant leave. The department director may limit such leave to less than that specified in this subsection, or refuse to grant such leave, if the employee does not intend to attend the last rites of the deceased relative and/or cannot demonstrate reasonable need for the amount requested.

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ARTICLE 16

NO SMOKING POLICY

16.01 All employees covered hereunder hired on or after October 1, 1989, shall be non-tobacco users at the time of hire as a condition of employment and shall be required, as an absolute condition of continued employment, to refrain from smoking cigarettes, cigars, pipes, or use of any type of tobacco products of any kind at all times, whether on or off duty. Any employee covered hereunder hired on or after October 1, 1989, who violates this provision will be subject to disciplinary action up to and including termination.

16.02 The parties further agree to cooperate to encourage firefighters hired before October 1, 1989, to stop using tobacco products. Upon request of any employee covered hereunder, the County shall refer said employee to any available nicotine cessation program. Attendance at such nicotine cessation program shall be at the expense of the employee (except to the extent that such program is covered by the employee's County health insurance). It is understood that participation in any such program shall be on the employee's personal time and shall not be compensable.

16.03 All employees covered hereunder hired before October 1, 1989, shall be prohibited from smoking cigarettes, cigars, pipes, or otherwise using tobacco products of any nature in the Fire Stations or in other Fire Services facilities, apparatus, equipment, or vehicles. Employees covered hereunder hired before October 1, 1989, shall, however, be permitted to smoke or otherwise use tobacco products only in areas specifically designated for such purpose by the Fire Services Director . The Fire Services Director shall designate one such area on the property of each Fire Station and each building in which Fire Service activities regularly occur. Such designated "smoking" (tobacco use) areas shall be outside the view of the general public. The employees covered hereunder shall be responsible for making certain that the aforementioned designated areas are kept clean (e.g., used tobacco products are deposited in an appropriate receptacle). Any employee hired before October 1, 1989, who violates this provision will be subject to disciplinary action up to an including termination.

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ARTICLE 17

TRAINING

17.01 The Division of Fire Services shall make a good faith effort to keep the employees covered hereunder informed of all pertinent development concerning firefighting, fire prevention, rescue techniques, hazardous materials, fire safety, and EMS.

17.02 Where the Division requires an employee covered hereunder to attend training in specialized fire or EMS techniques, a reasonable effort will be made to facilitate the employee attending such training during his normal working hours. In the event the Department is unable to schedule such training during his normal working hours, the employee may be required to attend such training during his off-duty hours; provided, however, that the actual time spent by the employee in such training shall be compensated in accordance with the Hours of Work and Overtime Article.

17.03 In the event that an employee requests (volunteers) to be sent to a given training program, payment, if any, relative to attendance at such training program shall be as mutually agreed upon between the employee or employees involved and the Fire Services Director and the County Personnel Director.

17.04 Compliance with all certification and recertification requirements shall be the obligation and responsibility of the employee. No employee shall be entitled to compensation for taking firefighter, paramedic or EMT certification or recertification courses. The County, however, will make a reasonable effort to provide the employees with an opportunity to take recertification courses while on duty (paid status). Should off-duty time be required to take such courses, such time will not be compensated.

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ARTICLE 18

SHIFT EXCHANGES

18.01 Employees engaging in a shift exchange agree that the County has no responsibility for payment or repayment of shift exchanges if an employee for any reason, including termination, does not repay a shift exchange. 18.02 Mutual shift exchanges (station swaps) will be permitted subject to management approval.

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ARTICLE 19

PHYSICAL EXAMINATIONS AND WORKERS' COMPENSATION BENEFITS

19.01 If required by the County, physical examinations shall be provided and paid for by the County. Workers Compensation benefits shall be provided and paid for by the County as required by Florida law.

19.02 The County agrees that, upon the recommendation of a committee comprised of the Protective Services Director, the Fire Services Director and the Personnel Director, or their respective designees, the County Manager, at his/her discretion, may authorize the supplemental payment, that, when combined with worker’s compensation pay, shall restore the bargaining unit employee to full base pay under the condition that the employee was injured in the line of duty, and whose injury was not caused by, or contributed to by, his/her own negligence or deliberate conduct of other members of the bargaining unit. The period of time of such supplemental pay shall be subject to the recommendation of the aforementioned committee, and shall be within the exclusive discretion of the County Manager 19.03 All employees covered hereunder hired on or after October 1, 2007, shall be required to maintain their persons such that they are physically fit for duty as a condition of continued employment. Any employee covered hereunder hired on or after October 1, 2007, who fail to meet the standards for physical fitness-for-duty, as provided at the time of their employment, shall be subject to termination of employment. The union will be provided sixty (60) days notice prior to the administration of testing each year. 19.04 Physical Fitness for Duty for employees hired on or after October 1, 2007, shall be determined by the successful completion of the VCFS Structural Fire Fighter Agility test, based on age and gender, as described below. Times Standard to Complete Tests (in minutes) Age Male Female 18-30 4:40 6:00 31-40 5:00 6:20 41-50 5:20 6:40 51-60 5:40 7:00 >60 6:00 7:20 Successful completion of the test is required for each year of employment. 19.04.01 Employees hired on or after October 1, 2007, who fail to achieve the required time limit as described above shall be provided three (3) opportunities to achieve the required time. The employee is fully responsible for his/her fitness level. A retest shall be administered no later than six (6) weeks after the date of the previous test. The total time to successfully complete the Agility test shall not exceed 18 weeks. Any employee who is required to retest and pass the test in a subsequent calendar year shall be

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required to complete annual testing in that year. Any employee who fails the test three (3) consecutive times is subject to termination.

19.04.02 Employees recovering from a documented injury, illness, or other medical condition as verified in writing by a physician may request to defer a scheduled annual test or a retest. However, any change in a test timeframe(s) shall be established exclusively by the County Physician in conjunction with the Division Director of Fire Services fitness coordinator based on the nature and/or severity of the illness/injury/medical condition, its duration, and other factors determined relevant by the County Physician and the Division Director of Fire Services fitness coordinator.

19.05 All employees covered hereunder and hired prior to October 1, 2007, shall be evaluated annually and must achieve a time of 7:45 minutes or less on the Structural Fire Fighter Agility Test. Any firefighter hired prior to October 1, 2007, who fails to achieve a time of 7:45 minutes or less shall not be eligible for a merit raise and shall not be eligible for promotion until such time as he/she has successfully achieved a time of 7:45 minutes. Any merit raise(s) implemented at that time shall not be retroactive. Employees who fail to achieve a time of 7:45 minutes or less shall be provided opportunities to re-test at intervals not less than 30 days and not more than 90 days.

19.06 Employees returning to work from an injury illness, medical condition , or other extended absence that exceeds thirty (30) days shall be required to achieve their applicable time standard on the VCFS Structural Firefighter Agility Test. Employees off duty for less than thirty (30) days due to injury, illness or medical condition may be required to test as determined by the Director of the Division of Fire Services and/or Risk Management. Relevant timeframes and retesting opportunities as described in Section 19.04, for employee hired after October 1, 2007, shall apply and when the timeframes have been exhausted appropriate action shall be implemented.

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ARTICLE 20

MANAGEMENT RIGHTS

20.01 It is the right of the County to determine unilaterally the purpose of each of its constituent agencies, set standards of service to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the County to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequences of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation.

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ARTICLE 21

DUES CHECK-OFF

21.01 Any member of the Union, who has submitted a properly executed written dues authorization card or statement to the Personnel Director or his designee, may have his/her membership dues and uniform assessments in the Union deducted from his/her wages. Dues and uniform assessments shall be deducted bi-weekly and shall, thereafter, be transmitted to the Union. However, the County shall have no responsibility or any liability for the improper deduction of any dues. Further, the Union shall hold the County harmless for any errors in the administration of the dues deduction system.

21.02 It shall be the responsibility of the Union to notify the Personnel Director, or his designee, of any change in the amount of dues to be deducted at least forty-five (45) days in advance of said change.

21.03 Under no circumstances shall the County be required to deduct Union fines, penalties, or special assessments from the wages of any member. Any employee may, upon forty-five (45) days written notice to the County and the Union, have the County cease deducting dues from his/her wages.

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ARTICLE 22

HOURS OF WORK AND OVERTIME

22.01 Recognizing that the County presently has in effect different work-shifts for different employees, it is agreed and understood that the County shall continue to pay overtime compensation in accordance with the requirements of the Fair Labor Standards Act and with the provisions described herein.

22.02 If an employee covered by this Agreement is called out to work at a time outside his/her normal working hours, he/she shall received a minimum of two (2) hours pay at his/her regular straight time rate or at time and one-half his/her regular straight time rate, whichever is applicable (i.e., depending on whether the employee has otherwise worked a sufficient number of hours to be eligible for overtime compensation). If an employee covered by this Agreement is called out to work additional hours contiguous with his/her scheduled work hours, he/she will receive payment at the rate of straight time or time and one-half, whichever is applicable, for only those hours actually worked outside his/her scheduled hours.

22.03 No supervisor or official shall take action or cause the non-payment of time and one-half in circumstances wherein the employee covered by this Agreement has performed work which entitled him/her to payment of time and one-half. Nothing herein shall restrict the County or the Division from altering work schedules or taking any other action to reduce the number of overtime or call-out hours worked by the employees covered by this Agreement. The County, however, agrees to maintain the current pay cycles applicable to 9-hour shifts and 24-hour shifts for the duration of this Agreement.

22.04 Any employee, who in the exercise of his/her official duties is ordered or required by the County to appear before any person or agency on his/her regular day off, shall be subject to the minimum call-out compensation set forth above. Any fee paid for the employee's appearance shall be paid to the County.

22.05 Insofar as possible, employees covered by this Agreement shall be given seventy-two (72) hours notice before being transferred to an across-the-County station (i.e., from an East-side station to a West-side station or vice versa).

22.06 Utilization of overtime, assignment of overtime, and selection of personnel to work overtime shall be at the discretion of management in a fair and equitable manner. All overtime assignment records will be made available to the Union upon the Union’s request.

22.07 Compensated sick leave shall not be credited as time worked for the purpose of computing overtime. If, however, an employee is unable to work one of his/her regularly scheduled work shifts due to illness, he/she will not have his/her sick leave account debited if he/she works an additional shift (i.e., a shift which is not included in his/her regular work schedule) within the same 21-day work cycle. Such additional shift will be paid at the employee's straight time rate, and the employee's compensation shall otherwise be treated as if the employee had not missed a regularly scheduled shift due to illness. The substitution of an

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additional shift for sick leave hereunder shall require the approval of the Operations Chief, or his/her designee.

22.08 Employees covered hereunder whose shift begins on an approved holiday and they work shall be paid at a rate of time and one half. Otherwise, holiday pay shall not be included in overtime computation and shall be compensated at straight time.

22.09 If an employee covered by this agreement is called out to work at a time outside his/her normal hours, and must report directly to the scene of an emergency, he/she shall receive a minimum of two and one half (2½) hours pay at his/her regular straight time rate, or at time and one half his/her straight time rate, whichever is applicable (i.e., depending of whether the employee has otherwise worked a sufficient number of hours to be eligible for overtime compensation.

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ARTICLE 23

UNIFORMS AND CLEANING ALLOWANCE

23.01 Each employee covered hereunder will be given a Seven Dollars ($7.00) per week cleaning allowance for the maintenance of his/her uniforms and linen.

23.02 Fire Services Division employees will be provided a light-weight jacket and a sweat shirt. The County will provide employees covered hereunder with belts.

23.03 The Fire Services Division, through the Logistics Section, will outfit the

bargaining unit employees with standardized structural leather combat boots and extrication gloves and fire shield mask. 23.04 Any equipment, uniforms, or gear provided by the County that is lost, stolen, or damaged, shall be replaced at the cost of the County unless it resulted from employee negligence. 23.05 The clothing allowance for fiscal year 2007-20082010-2011 is $300.00$400.00.

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ARTICLE 24

LINEN SERVICES

24.01 The County will provide all Fire Services Division employees on twenty-four (24) hour shifts with the following:

A. One (1) laundry bag B. Two (2) sets of sheets C. Two (2) pillowcases D. Two (2) towels E. Two (2) washcloths

The County shall make a good faith effort to supply the above items within a month of an employee commencing his/her twenty-four (24) hour shift assignment.

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ARTICLE 25

LIMITATION ON OPENING NEGOTIATIONS

This Agreement contains the entire agreement of the parties relative to wages, working conditions, and all other matters which have been or could have been negotiated by and between the parties prior to execution of this Agreement. Neither party shall be permitted to reopen or renegotiate this Agreement unless mutually agreed to by the partiesfor Fiscal Year 2007-2008.

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ARTICLE 26

PRINTING AND SUPPLYING AGREEMENT

26.01 The County shall provide the Union with an original and one (1) copy of this Agreement as ratified by the County Council (at no cost to the Union). The Union shall be responsible for distribution of the Agreement to the employees covered hereunder.

26.02 The County shall make a copy of this Agreement available at each Fire Station within sixty (60) days following ratification at no cost to the Union. Bargaining unit employees and non-bargaining unit supervisors may utilize said copy for reference purposes.

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ARTICLE 27

LOCKER SPACE

27.01 The County will provide, at no cost to the employees, individual lockers at each Fire Station.

27.02 Such individual lockers shall be used by the employee for storing clothing, toiletries, or other personal effects.

27.03 Lockers provided by the County shall at all times remain County property. The employee shall have no expectation of privacy with respect to such locker. The County, therefore, shall have the right to open and inspect any such locker for the purpose of determining whether it contains illegal items, items not allowed on Fire Station premises, or items not properly in the possession of the employee. Unless emergency conditions require otherwise, no locker will be opened and searched without the authorization of the Fire Services Director (or his immediate management subordinate). Further, unless emergency conditions require otherwise, the individual utilizing the locker shall be given a reasonable opportunity to be present when the locker is opened and searched.

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ARTICLE 28

SAFETY AND HEALTH

28.01 The County shall comply with all safety and health laws and regulations applicable to the employees covered hereunder. The County and the Union will cooperate in the continuing objective of eliminating accidents and health hazards and the enforcement of safety rules and regulations.

28.02 The County shall provide all protective devices, wearing apparel, and other equipment which it deems reasonable and prudent to protect the employees from injury. Such protective devices, apparel, and equipment must be used. The Union agrees that neglect or failure to obey safety regulations or to use or maintain the safety equipment furnished by the County shall constitute a basis for disciplinary action.

28.03 The Fire Station and all equipment and apparatus shall be maintained in a manner that will promote the elimination of accidents and make the workplace safer and less likely to cause injuries. All employees are to immediately report any alleged unsafe conditions to the Fire Chief.

28.04 Masks will either be new or factory reconditioned and certified.

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ARTICLE 29

INSURANCE

29.01 Effective October 1, 2008, Tthe County agrees to provide hospitalization and dental insurance programs to the employees covered hereunder to the same extent and under the same financial conditions as such programs exist for the County’s general employees as of the effective date of this Agreement/Articleat the rates given for fiscal year 2006-2007.

29.02 The County will provide a long term disability insurance program to employees covered hereunder.

29.03 The County will make available to the employees covered hereunder a short-term disability insurance program; provided, however, that each participating employee will bear his/her own cost (premium) of participation and that the program will be made available only if all conditions precedent, including the requirement of a sufficient number of participants, are met.

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ARTICLE 30

WAGES Effective the first payroll period after ratification of this Agreement by the Union and approval by the County Council, the pay rates/ranges for Lieutenants shall be as follows: 30.1 For Fiscal Year 2008-2009, there will be no pay increases. 30.2 For Fiscal Year 2009-2010, there will be no pay increases. 30.3 For Fiscal Year 2010-2011, upon effective date of this Agreement/Article, all employees on the payroll as of that date shall receive a $4818.00 lump sum payment (not added to base pay). Additionally, for Fiscal Year 2010-2011, after the lump sum payment, all employees on the payroll as of the effective date of this Agreement/Article shall receive a two percent (2%) increase added to base pay. Upon the effective date of this Agreement/Article, the pay rates/ranges for covered positions shall be as follows: *The lump sum amount for FY 2010-2011 includes the value of lump sum payments for FY 2008-2009 and FY 2009-2010 as if such payments had been made in those fiscal years. See attachment “A” on how the FY 2010-2011 payment was calculated.

PAY RANGES Hourly 9-hour $16.70 - $25.06 $17.0336 - $25.5574

24-hour $14.18 - $21.27 $14.4625 - $21.6997 Annually $39,077.04 - $58,631.78 $39,858.58 – $59,804.42 1. All annual pay ranges are based upon the 24 hours pay rates times 2756 hours. 2. Effective October 23, 2004, tThe paramedic pay incentive for bargaining unit employees with an active paramedic certification and “sign off” by the Medical Director shall be increased from $1.00 to $2.00 per hour. 3. Effective October 8, 2005, bargaining unit employees shall be eligible for merit increases on their anniversary dates (October 2005 or April 2006, and October 2006 or April 2007 for Firefighters and actual anniversary dates in 2005-2006 and 2006-2007 for Lieutenants) ranging from 0-4%, with an average increase of 3% based on their performance in Fiscal Years 2005-2006, and 2006-2007 and the total amount allocated for each such fiscal year by the County for members of the bargaining units. (Note: Retroactivity section below.) Should the anniversary date merit increases distributed not exhaust the total amount allocated for the bargaining units for each of the fiscal years, the remaining amount shall be distributed to the bargaining unit employees based on merit considerations at or immediately prior to the conclusion of the fiscal years. Bargaining unit members who are currently at the pay range maximum may be eligible

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for a one time lump sum merit bonus not to exceed one thousand dollars ($1,000.00), but in no event greater than the lump sum equivalent of the percentage merit increase of the base annual salary they would have otherwise received. If an individual’s pay rate is less than the maximum, but the proposed merit increase would place the new pay rate above the pay range maximum, then the employee would be eligible for a combination pay increase and lump sum bonus; provided, however, that the total amount of pay increase and lump sum bonus shall not exceed one thousand dollars ($1,000.00). There will be no merit increases or bonuses for bargaining unit employees for Fiscal Year 2007-2008.

Senior Firefighter/Lieutenant Designation 43. Effective October 23, 2004, aAny Firefighter or Fire Lieutenant (or a combination of service in both ranks) with seven (7) or more years of service with Volusia County Fire Services and has the following: A. State of Florida Pump Operator Certification; OR B. Fire Instructor I and CPR Instructor Certification; OR C. Two (2) year Associate’s degree (or greater); OR D. EMS Instructor and CPR Instructor Certification, shall be designated a Senior Firefighter or Senior Lieutenant, whichever is applicable, and shall receive a five percent (5%) merit pay increase.

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ARTICLE 31

SPECIAL ASSIGNMENTS AND TEAMS

Special Teams

31.01 Fire Services hereby establishes three (3) special teams: HAZMAT; Wildfire and Technical Rescue. The size of these special teams, qualifications, selection, and removal of special team members, training requirements and all other matters concerning special team will be determined by the Fire Services Director or his/her designee.

31.02 The minimum and maximum number of bargaining unit employees on each special team shall be as follows:

A. The HAZMAT Team will include up to a maximum total of 25 bargaining unit employees. Effective upon ratification and approval of this Agreement, there shall be a minimum of 25 bargaining unit employees and a maximum of 35 bargaining unit employees on this special team.

B. The Wildfire Team will include up to a maximum total of 25 bargaining unit

employees. Effective upon ratification and approval of this Agreement, there shall be a minimum of 25 bargaining unit employees and a maximum of 35 bargaining unit employees on this special team.

C. The Technical Rescue Team will include up to a maximum total of 25 bargaining

unit employees. Effective upon ratification and approval of this Agreement, there shall be a minimum of 25 bargaining unit employees and a maximum of 35 bargaining unit employees on this special team.

31.03 Bargaining unit employees will receive incentive pay for the period during which

they are appointed to and serving on one of the three (3) special teams. The rate of incentive pay to be paid will be based on the level of training satisfactorily completed by the special team member. If an employee is a member of more than one special team, he/she will be eligible for only one special team incentive (i.e., whichever incentive is greater. Bi-weekly incentive pay is calculated into determining overtime pay in compliance with the provisions of the Fair Labor Standards Act.

31.04 Special team training and educational requirements shall be those approved by the Fire Services Director and set forth in General Directive. The Department of Fire Services shall periodically revise and update its educational and training requirements to include new and/or additional courses. In special circumstances, the Fire Services Director, in his/her discretion, may allow credit for specialized training or course work which is not on the Division’s current list of approved training and/or courses.

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31.05 The Director of Fire Services may require bargaining unit members to serve on a special team, though the member does not desire to serve on the team, when necessary to ensure sufficient members are available for successful operation of the team(s). The member will receive the rate of incentive pay he/she is qualified to receive. Members will be required to meet minimum requirements within a reasonable specified period of time. Members will not be required to serve on more than one (1) special team.

31.06 The following schedule of incentive pay shall apply to HAZMAT Team members:

A. $0.23 per hour for each bargaining unit member appointed to the team and who does not yet meet the minimum requirements to receive higher rate of incentive pay.

B. $0.60 per hour for each bargaining unit member meeting minimum requirements

and continuing requirements and who are approved to serve on the HAZMAT Team and receive incentive pay.

C. $0.76 per hour for each bargaining unit member meeting the requirements set

forth for Team Leader but who are not approved to serve as Team Leader.

D. $0.93 per hour for each bargaining unit member approved to serve at Team Leader.

These incentive rates are not cumulative. The maximum incentive for HAZMAT Team members shall be $0.93 per hour. The team member will receive monthly incentive pay commensurate with the approved HAZMAT training requirements met and as approved by the Fire Services Director or his/her designee. HAZMAT Team members not serving on the team for a full month will receive their incentive pay on a prorated basis. Approved training and/or course work completed prior to the effective date of the Article will be considered.

31.07 The following schedule of incentive rates shall apply to Wildfire Team members:

A. $0.23 per hour for each bargaining unit member appointed to the team and who does not yet meet the minimum requirements to receive a higher rate of incentive pay.

B. $0.60 per hour for each bargaining unit member meeting minimum requirements

and continuing requirements and who are approved to serve on the Wildfire Team and receive incentive pay.

C. $0.76 per hour for each bargaining unit member meeting the requirements set

forth for Team Leader but who are not approved to serve as Team Leader. D. $0.93 per hour for each bargaining unit member serving as Team Leader.

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These incentive rates are not cumulative. The maximum Wildfire Team incentive shall be $0.93 per hour. The team member will receive monthly incentive pay commensurate with the approved Wildfire training requirements met and as approved by the Fire Services Director of his/her designee. Wildfire Team members not serving on the team for a full month will receive their incentive pay on a prorated basis. Approved training or coursework completed prior to the effective date of this Article will be considered.

31.08 The following schedule of incentive pay shall apply to members of the Technical Rescue Team:

A. $0.23 per hour for each bargaining unit member appointed to the team and who yet does not meet the minimum requirements for a higher rate of incentive pay.

B. $0.60 per hour for each bargaining unit member meeting minimum requirements

and who are approved to serve on the Technical Rescue Team and receive incentive pay.

C. $0.76 per hour for each bargaining unit member meeting the requirements set

forth for Team Leaders but who are not approved to serve as a Team Leader.

D. $0.93 per hour for each bargaining unit member serving as Team Leader. These rates are not cumulative. The maximum Technical Rescue Team incentive shall be $0.93 per hour. The team member will receive the monthly incentive commensurate with the approved Technical Rescue training requirements met and as approved by the Fire Services Director or his/her designee. Technical Rescue Team members not serving on the team for a full month will receive their incentive pay on a prorated basis. Approved training for coursework completed prior to the effective date of this Article will be considered. Following execution of this Article, any bargaining unit employee who wishes to be appointed to any of the aforesaid special teams shall submit the authorized application form to the Fire Services Director or his/her designee. This application form shall include a statement as to why the employee desires to be a member of the particular special team and the listing of all relevant experience, training and/or courses completed. The application form shall be accompanied by the Division (and courses not currently approved by the Division for which the employee is seeking credit.) The appropriate incentive pay shall commence the next payroll period after the employee is appointed to a special team by the Fire Services Director or his/her designee. (Note: a separate application form shall be submitted for each special team.)

31.09 It is recognized that special team members may be required to be on-call on a rotating or periodic basis as established by Fire Services.

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31.10 Each special team member shall be responsible for submitting written documentation to the Division verifying completion of approved training and/or coursework. Further, each team member must submit a written request to the Fire Services Director or his/her designee when he/she has completed sufficient training and/or courses to advance to the next higher level of incentive pay. Incentive pay shall be increased effective the next payroll period following written approval by the Fire Services Director or his/her designee.

31.11 The Fire Services Director shall have the exclusive authority and discretion to remove and replace any bargaining unit employee from a special team for the reasons set forth in 31.15 below. Any bargaining unit employee removed from a special team shall have his special team incentive pay deleted.

31.12 No employee shall identify himself/herself as a special team member unless he/she has been appointed in writing by the Fire Service Director or his/her designee.

31.13 Compensation for training exercises for special teams shall be limited to those hours scheduled and approved by the Fire Services Director or his/her designee. There shall be no training exercises compensated other than those approved and scheduled by the Division, and voluntary training shall not be compensable as hours worked.

31.14 Time spent voluntarily taking off-duty courses and/or training for the purpose of qualifying (or re-qualifying) for special team membership and incentive pay shall not be compensable as hours worked.

31.15 Failure to maintain minimum requirements, comply with continuing requirements and/or duty roster requirements and/or perform to an acceptable level may lead to removal from the team, loss of incentive pay, and/or disciplinary action in the discretion of the Fire Services Director.

31.16 Assignment to an on-call status will be non-compensable unless the team is activated for an emergency or non-emergency response, or as otherwise specified by this Article or other provisions of the Collective Bargaining Agreement.

Existing Special Assignments 31.17 Existing special assignments (e.g., Quality Assurance Paramedic) shall remain in effect subject to any current incentive pay and, to the extent feasible, the application process and conditions applicable to Special Teams set forth in paragraphs 9-16 above. As in the case of the special teams, the Fire Services Director will determine the number of assignments, the nature of the duties, and the qualifications involved. Selection and removal of employees will be within the exclusive discretion of the Fire Services Director or his/her designee. Employees may be eligible to receive incentive pay for one special team membership as well as special assignment incentive pay.

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New Special Assignments 31.18 Effective upon ratification and approval of this Agreement, bargaining unit employees will be eligible for Instructor Assignment incentive pay as follows: A. Fire Instructor I and CPR Instructor 20 cents per hour B. EMS* Instructor and CPR Instructor 20 cents per hour C. CPS InstructorTechnician and CPR Instructor 20 cents per hour (* Either PHTLS, PAL/PEPP, ACLS Instructor) 31.19 Employees shall be eligible to receive up to three (3) instructor assignment incentives. 31.20 Instructor assignments will be based on certification, a performance evaluation of at least meets standards with no areas in need of improvement, and no disciplinary action of written reprimand or greater in the past twelve months.

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ARTICLE 32

SUPERVISORY RESPONSIBILITY/CONFLICTS OF INTEREST 32.01 It is agreed and understood that the individuals in the bargaining unit covered hereunder are supervisors whose primary duties oftentimes create a conflict of interest with the employees whom they supervise. It is, therefore, further agreed and understood that in the exercise of their supervisory duties and responsibilities, the individuals covered hereunder must, at all times, act in the best interest of the County and the Division of Fire Services as determined by the County and Fire Services Management. Accordingly, the individuals covered hereunder will be held accountable for the faithful and efficient performance of their supervisory duties and responsibilities, including, but not limited to, the following:

A. Supervising a fire/rescue station and directing related operations, including the supervision of all station personnel and the oversight and maintenance of all apparatus and equipment.

B. Supervising fire and rescue scenes and incidents, including the direction of

personnel and equipment as required. C. Assigning work duties to all subordinate personnel. D. Reviewing and evaluating the performance of subordinate personnel. E. Recommending and administering disciplinary action, including dismissal,

suspension, demotion, reprimand and counseling. F. Training and/or administering the training of subordinate personnel, including

precepting probationary firefighters and administering their recruit testing. G. Evaluating, screening, interviewing, and making recommendations concerning the

hiring of new employees. H. Enforcing all County and Fire Services rules, regulations, policies, procedures and

guidelines, and making recommendations concerning revisions thereto. I. Ensuring safety of personnel at the fire station and other work sites and

administering the Division safety program. J. Timely and accurately completing all forms, reports and other paperwork relating

to station operations, fire and rescue incidents, daily work and activities, and personnel matters.

K. Temporarily transferring subordinate employees to different assignments, as

required.

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L. Administering Division overtime and release from duty policies. M. Maintaining station and apparatus inventory. N. Maintaining station and equipment security. O. Administering and participating in public education programs. P. Participating in committee, task forces, or other work groups as assigned by the

Division or the County. Q. Performing such other duties and responsibilities as are required under the

Division rules, regulations, policies and procedures, and/or as assigned by appropriate management authority.

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ARTICLE 33

FAMILY MEDICAL LEAVE YEAR 33.1 The Family Medical Leave Year shall be changed to a rolling year effective 60 days after the final ratification of this Agreement.

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ARTICLE 334

TERM OF AGREEMENT

3334.01 Unless otherwise provided herein Tthis Agreement shall become effective upon the later of the ratification by the Union, formal adoption by the County Council, and execution by the parties, and shall remain in full force and effect through and including September 30, 20082011. DATED this _______ day of ___________________ 20092011. VOLUSIA COUNTY FIREFIGHTERS’ COUNTY OF VOLUSIA ASSOCIATION, LOCAL 3574, IAFF By: ________________________ By: _______________________

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ATTACHMENT “A”

2008-2009 2% lump sum after ratification calculated on base pay = $40,821 2009-2010 2% lump sum after ratification calculated on base pay = $40,821 2010-2011 2% lump sum after ratification calculated on base pay for 11 months = $37,420 Total = $119,062 4% lump sum after ratification calculated on base pay after 2% = $83,276 ($2,041,093.60 × 1.02 = $2,081,915.47 × .04 = $83,276.62) Total = $202,338 $475,919 ÷ 42 (Employees) = $4818 Total per employee = $4818 Note: All numbers are rounded

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