Contract 2022-019ACollective Bargaining Agreement
Between the
International Association of Firefighters, AFL-CIO -
Clermont Professional Firefighters Local 4350
And the
City of Clermont, Florida
October 1, 2021 through September 30, 2022
(Approved March 8, 2022)
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Table of Contents
Article Description Page No.
Preamble................................................................................
1
Article 1
Recognition............................................................................
2
Article 2
Prevailing and Management Rights .......................................
3
Article 3
Indemnification......................................................................
5
Article 4
Non-Discrimination...............................................................
6
Article 5
Administrative Investigations................................................
7
Article 6
Professional Standards and Disciplinary Action ....................
9
Article 7
Personnel Records..................................................................
11
Article 8
Work Period and Work Shift .................................................
12
Article 9
Overtime, Overtime Pay and Compensatory Time ................
13
Article 10
Extra Duty..............................................................................
16
Article 11
Annual Leave........................................................................
17
Article12
Sick Leave..............................................................................
18
Article 13
Bereavement Leave................................................................
19
Article 14
Leave of Absence Without. Pay ..............................................
20
Article 15
Military Leave and Military Duty ..........................................
21
Article 16
Workers Compensation/Injury Leave ....................................
22
Article 17
Vehicles..................................................................................
23
Article 18
Personal Day..........................................................................
24
Article 19
Insurance................................................................................
25
Article 20
Union Representatives and Business ....................................
26
Article 21
Reduction in Work Force .......................................................
27
Article 22
Dues Deduction.....................................................................
29
Article 23
Grievance Procedure..............................................................
30
Article 24
Arbitration.............................................................................
33
Article 25
Employee Educational Assistance .........................................
35
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Table of Contents
Article
Description
Page
Article 26
Physical Examinations...........................................................
36
Article 27
General Provisions.................................................................
38
Article 28
Severability Clause................................................................
40
Article 29
Locker Room Facilities..........................................................
41
Article30
Voting...................................................................................
42
Article31
Wages.....................................................................................
43
Article 32
Holidays.................................................................................
46
Article 33
Publication of the Agreement ...............................................
48
Article 34
Promotions............................................................................
49
Article35
Duration.................................................................................
50
Article 36
Damage or Loss to Personal Property ....................................
51
Article37
Pension..................................................................................
52
Article 38
Performance Evaluations......................................................
53
Article 39
Uniforms and Equipment.......................................................
54
Article 40
Modified Duty Assignment....................................................
55
Article 41
Smoking and Tobacco Use ....................................................
57
Article 42
Health and Safety...................................................................
58
Article 43
Reduced Activity Period ...........................................
59
Article 44
Special Events .....................................................
60
Article 45
Complete Agreement................ .......... ..................
62
SignaturePage......................................................................
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Preamble
This agreement is entered into by and between the City of Clermont hereafter referred to
as the "City" or "employer" and the International Association of Firefighters, AFL-CIO,
Clermont Professional Firefighters Local 4350 hereafter referred to as the "Union."
The general purpose of this Agreement is to establish wages, hours and terms and
conditions of employment for bargaining unit members and to provide an orderly
procedure for the resolution of grievances.
In this Agreement, the terms "Clermont," and "the City," refer to the employer, the City
of Clermont and its Fire Department. The terms "bargaining unit member," "member,"
or "employee," refers to the full-time certified Firefighters employed by the City of
Clermont in the classification of Firefighter, Firefighter/Inspector, Engineer and Fire
Lieutenants.
Uses of gender references, "he" and "she" are considered interchangeable.
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Article 1
Recognition
1.1 The City hereby recognizes the International Association of Firefighters, AFL-
CIO Clermont Professional Firefighters Local 4350, as the sole and exclusive
bargaining agent for the purpose of collective bargaining with respect to wages,
hours and other conditions of employment for those employees of the City of
Clermont working within the certified bargaining unit, as established by order of
the Florida Public Employees Relations Commission (PERC).
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Article 2
Prevailing and Management Rights
2.1 The Union recognizes the prerogative of the City, except as expressly abridged by
any provision of this Agreement, to exercise exclusively all of the normal and
inherent rights of management with respect to the Fire Department, including but
not limited to, the right to determine the purpose of its constituent divisions, to set
standards of service, and to exercise control and discretion over its organization
and operations to ensure efficiency. It is also the right of the City to direct its
certified Fire employees, to take disciplinary action for proper cause, and to
relieve its certified Fire employees from duty, provided in so doing the provisions
of this agreement are not violated.
2.2 The City reserves the right:
A. To select and direct the work force in accordance with requirements
determined by management.
B. To establish and change individual work schedules and assignments.
C. To assign and distribute available overtime work and to change work
schedules in order to minimize overtime work.
D. To make and enforce work performance standards.
E. To make and change reasonable rules and regulations and to determine
disciplinary action for the failure to obey such rules and regulations.
F. To determine job descriptions.
G. To make and enforce safety rules.
H. To transfer and promote members.
I. To determine the size and composition of the work force.
J. To lay off bargaining unit members for lack of work or other legitimate
reasons.
K. To transfer, subcontract, and eliminate work.
L. To regulate, control, change, or eliminate existing work procedures or
equipment utilized for duty purposes.
M. To suspend, discharge, demote, or otherwise discipline bargaining unit
members for proper cause.
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N. To suspend provisions of this agreement during a time of declared emergency
conditions, including but not limited to riots, civil disorders, hurricane or
weather conditions, with the exception of the wage, benefit and damage or
loss to personal property provisions.
2.3 The exercise of management rights shall not preclude bargaining unit members or
their representatives from raising grievances should decisions on the above
matters have the practical consequences of violating the terms and conditions of
this collective bargaining agreement.
2.4 To the extent that exercise of the management rights described herein, modify or
impact wages, hours or other terms and conditions of employment, the City agrees
not to exercise such right without first affording the Union an opportunity to
review and negotiate over the impact thereof.
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Article 3
Indemnification
3.1 When the City may legally do so, the City shall furnish to bargaining unit
members legal counsel and defense in accordance with F.S.S. 768.28(5) and (9).
To the extent permitted by law, no bargaining unit member shall be held
personally liable in tort for any injuries or damages suffered as the result of any
act, event or omission of action in the scope of his/her employment or function,
unless such employee acted in bad faith or with malicious purpose or in a manner
exhibiting wanton and willful disregard of human rights, public safety or
property.
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Article 4
Non -Discrimination
4.1 There shall be no discrimination against any employee covered by this Agreement
because of race, religious creed, color, national origin, sex/gender, age, disability,
marital status, pregnancy, genetics, veteran status, political affiliation or sexual
orientation and other protected classifications, as prohibited by State and/or Federal
law.
4.2 There shall be no discrimination against any employee covered by this Agreement
because of membership, non -membership or office held in the Union.
4.3 The City and the union oppose discrimination on the basis of age, race, religious
creed, color, national origin, sex/gender, disability, marital status, pregnancy,
genetics, veteran status, sexual orientation, or political affiliation, or any other
protected classifications. However, the parties also recognize that the City has
established an internal procedure to investigate and resolve alleged cases of
discrimination that is in addition to existing and adequate procedures established
by the State of Florida and the Federal Government. Accordingly, it is agreed that
allegations of employment discrimination as described above cannot be processed
through the contractual grievance/arbitration procedure.
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Article 5
Administrative Investigations
5.1 Administrative investigations of bargaining unit members will be conducted in
accordance with Florida Statute 112.80, ET. seq., known as the Firefighters' Bill
of Rights.
5.2 The parties have incorporated by reference the statutory bill of rights in this
Agreement to enable them to elect to invoke the grievance -arbitration procedure
to remedy any alleged denial of rights, and not to effect any change in substantive
rights under the statute as repeated herein. An employee may pursue enforcement
of these rights through arbitration or in the courts, but if the bargaining unit
member chooses to enforce these rights in court, the City is not obligated to
arbitrate over these same issues. Should the referenced Statute be amended by
legislature or court action during the course of this Agreement, the amendments
will be incorporated and applied without further negotiation by the parties to this
Agreement. The parties agree that alleged violations of Article 5 are not grievable.
5.3 No bargaining unit member shall be disciplined in any manner or otherwise
discriminated against in regard to his/her employment or appointment, or be
threatened with any such treatment, by reason of his/her exercise of the rights
granted by the Firefighters' Bill of Rights.
5.4 If a bargaining unit member is the subject of an administrative investigation,
he/she will be notified in writing. At the discretion of the Fire Chief he/she may
be allowed to continue performing his/her regular duties or be reassigned to
reasonable alternative departmental duty or placed on administrative leave with
no loss of pay or benefits until such time as the investigation is completed and
disciplinary action, if any, has been determined. Upon the completion of the
investigative report, the bargaining unit member will be provided, at no cost, a
copy of the investigative report and supporting documentation.
5.5 The investigation findings under this Article will be classified as follows:
A. Unfounded — The complaint is false or non-factual.
B. Valid — There is sufficient information or evidence to substantiate the
complaint.
C. Invalid — There is insufficient information or evidence to prove or
disprove the complaint.
5.6 Any investigation that is found to be "Valid" and may potentially or will result in
discipline of suspension, demotion or termination, the member has a right to a
pre -disciplinary hearing conducted by the Fire Chief or designee.
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5.7 A complete copy of the investigative report and supporting documentation will be
provided to the bargaining unit member and placed in the Fire Department's
Administrative Investigation File. The report summary and discipline, if any will
be placed in the personnel file.
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Article 6
Professional Standards and Disciplinary Action
6.1 It is a statutory right of the City to establish rules and standards of performance
and to discipline employees in accordance with those standards. When discipline
is applied, the City shall, when possible, use a system of "progressive discipline"
that uses an appropriate form of corrective action to obtain its intended purpose,
which is to correct inappropriate conduct. However, the Union and City recognize
that there are instances where the employee's conduct is such that progressive
discipline is not warranted or required and discipline, up to and including
discharge can be imposed by the City. Employees will not be discharged or
disciplined without proper cause.
A. Supervisory personnel are delegated the authority and responsibility for
the proper direction, effectiveness, efficiency, conduct, and discipline of
subordinate personnel assigned to them, subject to review by the Fire
Chief.
B. Prior to any disciplinary action being taken, management will investigate
as appropriate to determine the applicable facts and evidence which would
support or not support the disciplinary action. The circumstances will
determine the extent of the investigation. If the investigation is reasonably
expected to result in disciplinary action involving loss of pay or
termination, such investigation will be conducted in accordance with
Article 5 of this Agreement.
6.2 Counseling: Supervisors are responsible for counseling employees when
necessary to improve performance. Counseling is not considered discipline and is
not subject to the grievance process. Supervisors may retain supervisory notes on
counseling. Counseling records are considered public records and shall be
maintained in the employee's personnel file.
6.3 Discipline may take the form of:
A. Reprimand: Recorded admonishment of a deficiency or poor performance.
B. Suspension: An unpaid period of time of not less than one shift and not
more than two full pay periods (28 days). However, if the bargaining unit
member has been suspended as the result of an administrative
investigation into pending criminal charges, the bargaining unit member
may be suspended until a final court disposition is rendered.
C. Demotion: Reclassification from one position to another one of lower pay.
D. Termination: A complete and irrevocable severing of the employment
relationship.
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6.4 If a bargaining unit member who is suspended pending final court disposition of
criminal charges, is convicted or pleads guilty or nolo contendere to any criminal
charge that disqualifies him/her from service as a Firefighter under Florida
Statutes, he/she shall be terminated and shall not be entitled to any back pay or
benefits.
6.5 If a bargaining unit member who is suspended pending final court disposition of
criminal charges is convicted, pleads guilty or nolo contendere to or plea bargains
to a misdemeanor offense that does not disqualify him/her under Florida Statutes,
the bargaining unit member shall not be entitled to any back pay or benefits upon
return to full duty.
6.6 All disciplinary action taken toward non -probationary bargaining unit members is
subject to grievance.
6.7 Bargaining unit members shall be required to observe and comply with written
regulations governing their employment as set forth in Department Operating
Guidelines and written communications issued by the Department or the City,
including the City's Employment Policies Manual, to the extent that such rules or
directives are not in conflict with this Agreement.
6.8 No disciplinary action will be taken for violation of a rule or regulation until
seventy-two (72) hours after posting or distribution of the rule or regulation.
6.9 Documentation by supervisors of incidents, acts, or behavior potentially leading
to disciplinary action is essential. Record keeping must identify dates, times and
circumstances. The affected bargaining unit member shall be notified within a
reasonable time when such data is being created and retained.
6.10 If disciplinary action is proposed that includes termination, demotion, or
suspension without pay, the bargaining unit member will be provided a copy of all
facts and evidence obtained, including the final investigative report (if applicable)
and an opportunity to discuss the proposed discipline with the Fire Chief in a pre -
disciplinary hearing prior to the effective date of such action. The bargaining unit
member will be given notice of the pre -disciplinary hearing seven (7) calendar
days prior to the hearing.
6.11 Within fourteen (14) calendar days of the conclusion of the pre -disciplinary
hearing, the Fire Chief shall notify the bargaining unit member of his/her final
decision in respect to the form of discipline, if any.
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Article 7
Personnel Records
7.1 The bargaining unit members' official personnel files are to be maintained in the
City's Human Resources Department.
7.2 With the exception of those exemptions noted in Florida Statutes, records in the
bargaining unit members' personnel files are public records and available for
inspection. The release and disclosure of any records in these files will be under
the authority of the City Clerk.
7.3 Bargaining unit members shall have the right to inspect and make copies of their
personnel files at no charge. The records shall be made available during regular
business hours.
7.4 Bargaining unit members shall be notified within a reasonable time frame when
any personnel file record has been released in accordance with the public records
laws. Documentation noting the date and identity, if known of the
individual/organization requesting the personnel file record shall be placed in the
personnel file.
7.5 The City agrees that a bargaining unit member shall have the right to include in
his/her personnel file a written refutation of any material he/she considers to be
detrimental. The employee's written refutation must be provided to the Fire Chief
within thirty (30) days of the employee's receipt of the alleged detrimental
information.
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Article 8
Work Period and Work Shift
8.1 The work period for twenty-four hour bargaining unit members shall be twenty-
eight consecutive days as provided for in Section 7 (k) of the Fair Labor
Standards Act. The work period for eight (8) hour bargaining unit members shall
be seven (7) consecutive days.
8.2 The work schedule for twenty-four (24) hour bargaining unit members shall be
twenty-four (24) continuous hours on duty starting at 8:00 a.m. followed by forty-
eight (48) continuous hours off duty. An eight (8) hour bargaining unit member's
work schedule shall consist of five (5) days on and two (2) days off with their
starting and ending times determined by the Fire Chief. A 40 hour employee's
workweek shall consist of five (5), eight (8) hour workdays with an unpaid lunch
break, or four (4), ten (10) hour workdays with an unpaid lunch break, per work
week.
8.3 As noted in Article 2.2.B. of this Agreement, the City has the right to change
individual work schedules (starting and ending times and days on/off) as needed.
The City will give as much advance notice as possible when adjustments are
made.
8.4 Each eight (8) hour bargaining unit member will be entitled to a one (1) hour
unpaid lunch break. The time period for the breaks must be approved by the
bargaining unit members' supervisor prior to the bargaining unit member taking
the break.
8.5 Whenever a shift rotation occurs or a bargaining unit member rotates to a new
shift, bargaining unit members shall be entitled to at least the number of hours
equal to one scheduled shift of off -duty time prior to returning to work.
8.6 The bargaining unit members assigned to shifts shall have the opportunity to bid
by seniority for shift and/or station assignments when position openings become
available, provided the operational needs of the department are satisfied.
Seniority shall be based on the department's Time in Grade Seniority List (Article
27.9). The City retains the right to determine the number of slots available on
each shift.
8.7 Twenty-four (24) hour bargaining unit members shall have one (1) twenty-four
(24) hour shift off unpaid every twenty-eight (28) day cycle ("Kelly Day"). The
City will give as much advance notice as possible when scheduling adjustments
are made.
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Article 9
Overtime, Overtime Pay and Compensatory Time
9.1 Overtime is defined as time worked in excess of two -hundred twelve (212) hours
in a twenty-eight (28) day period as provided for in Section 7(k) of the Fair Labor
Standards Act for twenty-four (24) hour bargaining unit members and in excess of
forty (40) hours in a seven (7) day period for eight (8) hour bargaining unit
members.
9.2 For the purposes of computing overtime, compensatory leave, sick leave,
bereavement leave, annual leave, holiday leave, military leave, jury duty and any
other absence from work while on a paid status will not be considered time worked.
9.3 Overtime must be assigned or authorized by management; an employee is not
entitled to assign or approve overtime for him/herself. Overtime shall be scheduled
at the discretion of management in accordance with department policies,
procedures/guidelines, and procedures herein, except in instances of a declared
emergency.
9.4 Anytime hiring of overtime or additional personnel is found by management to be
necessary, this hiring shall be done rank for rank and based on certification(s)
necessary for the position to be filled. Anytime management determines a need for
overtime or need for additional personnel, which cannot be filled rank for rank, the
next lower rank or qualified person shall be offered the time in accordance with
Article 9. The hiring process will fill 24-hour vacancies first, followed by partial
vacancies, in descending order.
9.5 Members cannot be removed from the Mandatory Staffing Overtime program.
9.6 Anytime a person(s) is sent home prior to the end of their overtime shift the
department will utilize the policy of last hired/first sent home as long as operational
needs are met.
9.7 No member who is required by the department to be on duty pursuant to mandatory
overtime, shall move from their current spot on the staffing overtime program, even
if it is greater than twelve (12) consecutive hours.
9.8 Special event hiring will be paged out and hiring shall be done no sooner than 10
minutes after the page. The member on their Kelly day or highest on the list will be
hired for the position, providing they meet the following requirements: rank for
rank and based on certification(s) necessary for the position to be filled. Anytime
overtime or need for additional personnel cannot be filled rank for rank the next
lower rank or qualified person shall be offered the time in accordance with
Department Operations Guideline. Working special events will not cause
movement on the staffing overtime program unless hours worked are twelve (12)
consecutive hours or greater.
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9.9 Any person(s) on Kelly day who signs up to work overtime will have first choice
for filling overtime positions. If more than one person on a Kelly day signs up to
work, the person higher on the appropriate staffing overtime program will have the
priority in filling the position. If person(s) on Kelly day refuse overtime, overtime
shall be filled according to appropriate staffing overtime program.
9.10 When hiring for projected overtime, the position will be paged out and hiring shall
be done no sooner than 10 minutes after the page. Members will go into the staffing
program and sign up for specific vacancies they want to work. If no one signs up
after 10 minutes, the position will be filled as a mandatory vacancy for the first
projected shift only.
9.11 For immediate vacancies, the Battalion Chief will look at the staffing overtime
program and use it to fill the vacancy. Members on their Kelly day or highest on
the overtime list will be hired for the vacancy. If there is a need to fill the immediate
vacancy, the Battalion Chief shall page out the vacancy and fill it no sooner than
10 minutes. If the need to fill the vacancy still exists after 10 minutes the position
will be filled as a mandatory vacancy.
9.12 A mandatory staffing overtime program will be kept separate from the overtime
list. When the department hires mandatory overtime vacancies, vacancies will be
filled using the Mandatory List. When a person accepts mandatory overtime, he
will move to the bottom of the Mandatory List.
9.13 Any person on annual leave, sick leave, personal day, Kelly day, or training leave
will not be assigned mandatory overtime until returning to their next shift.
Mandatory overtime will be assigned to the next person on the Mandatory List.
9.14 The Fire Chief has the authority to waive the requirements of Article 9.4 — 9.13 in
the event of an actual or pending emergency.
9.15 Overtime worked shall be compensated at one and one-half (1.5) times the
bargaining unit member's regular rate of pay as defined in the Fair Labor Standards
Act.
9.16 in lieu of receiving cash for overtime worked in excess of two -hundred twelve (212)
hours in a twenty-eight (28) day period or forty (40) hours per workweek, as
applicable, employees may request compensatory time.
A. Equivalent compensatory time for each overtime hour worked based on Article
9.17 of this Agreement will be credited to the employee at the end of the work
period in which the overtime was worked. Records related to accrual and use of
compensatory time are maintained by the Finance Department.
B. The maximum accrual of compensatory time is seventy-two (72) hours for
twenty-four (24) hour shift employees and forty (40) hours for eight (8) hour
shift employees. When an employee has reached his/her maximum accrual, the
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City will include payment for any subsequent overtime in the employee's
paycheck.
C. A bargaining unit member who has accrued compensatory time and requested
use of this compensatory time shall be permitted to use such time off within a
reasonable period after making the request, if such use does not unduly disrupt
the operations of the department. The minimum time period for use of
compensatory time is four (4) hours for twenty-four (24) hour shift employees
and one (1) hour for eight (8) hour shift employees.
D. Bargaining unit members may use compensatory time accrued in conjunction
with the use of vacation leave.
E. Upon termination of employment, for whatever reason, the remaining balance
of accrued compensatory time will be paid to the terminated employee (or
his/her designated beneficiary or estate in the case of the employee's death) at
the rate of pay in effect for him/her at that time.
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Article 10
Extra -Duty
10.1 Call out time is defined as any time a bargaining unit member is called into work
when he/she is off duty. Call out hours shall be paid for actual time worked with
a minimum of two (2) hours. In the event of multiple call -outs, the two (2) hour
requirement shall not apply to those call -outs incurred within two (2) hours of the
first call -out clock -in time. If the call -out consists only of telephone calls, the
actual time of the call will be paid, without regard to a minimum time. Call out
hours paid will be considered time worked for purposes of overtime calculation in
the work period in which the call outs occurred.
10.2 On call duty is defined as off -duty time when a bargaining unit member is ordered
by the Fire Chief, or his/her designee, to be readily available and prepared to
perform actual work when the need arises during off -duty hours. Members in an
on call status shall receive a weekly supplement of at least $100.00, or the same
amount as provided to non -union employees of the City, whichever is greater,
which shall be added to his/her base annual salary during the week he/she is on
call. If a bargaining unit member is called out for duty, the bargaining unit
member will be compensated in accordance with Article 10.1.
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Article 11
Annual Leave
11.1 Bargaining unit members are entitled to the same annual leave benefits available
to all other employees of the City, with the exception that twenty-four (24) hour
shift bargaining unit members may not use their available accrued annual leave in
increments less than four (4) hours per shift.
11.2 The maximum amount of annual leave that bargaining unit members may
accumulate is as follows:
Employee Type Maximum
8 hour 320 hours
24 hour 400 hours
11.3 In the event that the City reduces the annual leave benefits available to all other
employees, the respective leave benefits will remain unchanged for bargaining
unit members, unless the change is mutually agreed to by the Union and the City.
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Article 12
Sick Leave
12.1 Bargaining unit members are entitled to the same sick leave benefits available to
all other employees of the City and the City's Sick Leave Policy is adopted
hereto, with the exception set forth in Section 12.3, below.
12.2 In the event that the City reduces the sick leave benefits available to all other
employees, the respective leave benefits will remain unchanged for bargaining
unit members, unless the change is mutually agreed to by the union and the City.
12.3 All twenty-four (24) hour shift personnel shall be limited to using sick leave in
one —hour increments. The City's Sick Leave Policy shall apply to all members
employed on an eight (8) hours work schedule.
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Article 13
Bereavement Leave
13.1 Bargaining unit members are entitled to up to twenty-four (24) hours of
bereavement leave upon approval of the Fire Chief in the event of a death of a
family member. The member shall submit proof of death before compensation is
approved.
13.2 Family members are defined as the employee's children, parents, parents -in-law,
brothers, sisters, grandparents, grandchildren, great grandparents, great
grandchildren, aunts, uncles, and current spouse, step -children, step-parents, step
parents -in-law, step -brother, step -sister, step -grandparents, step -grandchildren,
sisters-in-law, brothers-in-law, sons-in-law, and daughters-in-law.
13.3 If additional time off is necessary, annual leave or compensatory leave may be
used, with the approval of the Fire Chief.
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Article 14
Leave of Absence
14.1 All applications for leave of absence must be submitted in writing and approved
by the Fire Chief and the City Manager. Decisions regarding leaves of absence are
not subject to the grievance or arbitration procedures.
14.2 Upon termination of leave of absence, the bargaining unit member shall return to
the same job classification and rate of pay in effect at the beginning of the leave
of absence. If the member was on a leave of absence for medical reasons, he/she
must provide medical documentation indicating his/her ability to perform the
essential functions of the job duties.
14.3 The bargaining unit member will not lose any credited service with the City, if the
leave of absence period is less than three (3) months. If the leave of absence
period is longer than three (3) months, the bargaining unit member will not
receive any credited service for the entire leave of absence period.
14.4 Where applicable, any medical leave will run concurrent with leave taken
pursuant to the Family and Medical Leave Act.
14.5 The City's Employment Policies Manual shall govern the procedures and
timeframes for a leave of absence.
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Article 15
Military Leave and Military Duty
15.1 Military leaves shall be granted in accordance with the City's Employment
Policies Manual and Florida and Federal Law.
15.2 Except in an actual or declared emergency recall to duty, the bargaining unit
member shall give thirty (30) calendar days notice, or as much notice as possible
to his/her supervisor that his/her military duty will occur on the specific dates.
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Article 16
Workers' Compensation/Injury Leave
16.1 The City provides workers' compensation insurance, in accordance with Florida
Statutes, and through its carrier will provide medical and compensation benefits to
employees who sustain an injury as a result of and arising out of employment by
the City. Initial determination as to whether an injury is compensable will be
made by the carrier. Disputes concerning compensability of injury or type or
amount of compensation shall be resolved through existing legal process as
defined by Florida Statute and shall not be subject to grievance under this
Agreement.
16.2 Members recognize a duty to promptly report any injury occurring while on the
job, and to cooperate in providing any information necessary to process a claim.
16.3 The City is entitled to select the physician who will examine or reexamine the
injured employee; however, the injured employee is entitled to a one-time change
in physicians per claim, subject to the approval of the workers' compensation
carrier and applicable Workers' Compensation law.
16.4 While on a job connected injury or disability leave, bargaining unit members shall
be entitled to all benefits as provided in this Agreement.
16.5 A bargaining unit member who receives a job related injury within twelve (12)
months of employment with the City shall not be entitled to injury leave.
Bargaining unit members shall be required to use any eligible personal leave
during this period.
16.6 A bargaining unit member who receives a job related injury after twelve (12)
months of employment with the City shall be paid injury leave at full pay for a
period not to exceed two hundred (200) hours when the employee is required to
be absent from work at the direction of a physician selected in accordance with
Article 16.3, above. Workers' compensation payments issued during the period
of injury leave shall be signed over to the City.
16.7 Upon payment of the maximum injury leave available, bargaining unit members
shall be required to use accumulated personal leave to make up the difference
between the workers compensation payments and the bargaining unit members'
regular wages.
16.8 Bargaining unit members taking leave pursuant to this Article shall use any
available Family and Medical Leave.
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Article 17
Vehicles
17.1 The City shall equip fire apparatus in such a manner as to allow bargaining unit
members to perform the duties and responsibilities of their position. The Fire
Chief shall determine the type of equipment to be used.
17.2 All maintenance, repairs, fuel costs, and insurance for fire department vehicles
shall be the responsibility of the City.
17.3 If a bargaining unit member feels that a vehicle or other equipment is unsafe and
therefore unfit for service because it is a hazard to him/her or the public, or both,
he/she shall immediately inform his/her supervisor. If the Shift Commander
concurs, the unsafe vehicle or other equipment shall not be used. No vehicle or
piece of equipment shall be released back for duty use until inspected and
determined safe or repaired by competent mechanical personnel. Should the
supervisor not concur, the bargaining unit member shall document such unsafe
condition(s) and forward it to the Fire Chief via the chain of command.
17.4 With respect to vehicles, the term "unsafe" shall be as defined in the
Departmental Operating Guidelines.
17.5 If the nature of the vehicle problem is such that it should not be driven, the
vehicle shall be taken out of service at the location where it is deemed unsafe. A
bargaining unit member shall not be required to deliver such unsafe vehicle to
place of repair. However, if the nature of the unsafe condition is such that the
bargaining unit member can drive the vehicle to a place for repair, without hazard
to himself/herself or the public, he/she shall do so.
17.6 Bargaining unit members shall not be required to perform major repairs on
vehicles or facilities. However, bargaining unit members are expected to check
fluids and perform preventive maintenance on vehicles and facilities.
17.7 Bargaining unit members required to use their personal vehicles in the
performance of any assigned duties shall be reimbursed per the City's Travel
Procedures.
17.8 Bargaining unit members assigned to certain positions may be allowed to drive
City vehicles home, based on specific authorization by the City Manager. In the
event a member is transferred to a position that does not require the use of a take
home vehicle, the member's use of a take home vehicle shall cease. Members
shall be required to use such vehicles in accordance with the City's Take Home
Vehicle Policy in effect at the time unless otherwise stipulated in this Agreement.
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Article 18
Personal Day
18.1 Bargaining unit members are entitled to the same personal day benefits available
to all other employees of the City.
18.2 In the event that the City reduces the personal day(s) benefits available to all other
employees, the respective personal day(s) benefits will remain unchanged for
bargaining unit members, unless the change is mutually agreed to by the union
and the City.
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Article 19
Insurance
19.1 The City agrees to provide the same health, dental and life insurance benefits to
bargaining unit members as are provided to all City employees. The cost for such
insurance to bargaining unit members shall be the same as charged to all City
employees. The City shall have no obligation to bargain over changes to
insurance or the effects of such changes during the term of this agreement as long
as the bargaining unit members are provided the same insurance benefits and
wellness program (including additional opportunities provided to firefighters such
as Life Scan and physical agility testing) as all City employees.
19.2 The City shall provide life insurance or death benefits for each bargaining unit
member in accordance with Florida Statutes.
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Article 20
Union Representatives and Business
20.1 The City shall recognize the officers of the Clermont Firefighters Union, Local
4350 as the official representatives of the Union, and shall consider them the sole
contact with Union members in regard to the terms and conditions of employment
and contract matters, subject to bargaining.
20.2 The Union will be permitted to use the training room or conference room at no
cost for meetings of Local 4350 scheduled after 5:00 PM, as available, providing
arrangements have been made in advance in accordance with normal scheduling
procedures. Other than those acting in official capacity as union representative,
no employee covered by this Agreement may attend Union meetings during
his/her scheduled work hours unless specifically authorized by the Fire Chief or
his designee.
20.3 Wall space, equivalent to approximately one-third (1/3) of the fire station's
bulletin board space, will be allowed as approved by the Fire Chief for the
purpose of posting notices and announcements pertaining to Union business.
20.4 The Union shall not post any material that is obscene, defamatory or that impairs
the operation of the Department or the City. Any intentional violation of this
provision by the Union may result in the privilege of such use of the bulletin
board being withdrawn.
20.5 The Union shall be permitted to use the City's electronic mail system and
telephone to transmit information related to Local 4350 to bargaining unit
members provided such communications do not unduly interfere with City work.
Said electronic mail shall also be available for review by appropriate City
officials. The Union and Unit members shall not transmit any material which
would violate the City's Computer Network Guidelines and Procedures.
20.6 The Union shall be granted up to one (1) hour during new firefighter orientations
to explain jointly with a management officer the provisions of this agreement and
the functions of the Union.
20.7 The City shall allow such internal Union business as membership recruitment,
campaigning for union office, distribution of literature, and all other Union
activities during reduced activity periods.
20.8 The City shall allow the Union to continue to raise, collect and obtain monies
benefiting the Muscular Dystrophy Association and to present those monies as a
joint effort between the City of Clermont and the Union. Times and locations of
collections shall be approved by the Fire Chief or his designee.
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Article 21
Reduction in Work Force
21.1 Layoff - In the event of a layoff for any reason, regular full-time employees shall
be laid off in inverse order of seniority.
A. "Seniority" for purposes of this Article is defined as the length of
uninterrupted time since the most recent hire by the City.
B. Seniority is earned within the Department and also within the City.
Departmental seniority will be given first consideration; if departmental
seniority is equal (in terms of date), then City seniority will govern.
C. Employees in temporary status will be laid off first, followed by
employees in probationary status. No permanent employee shall be laid
off while another person in the same class is retained on an emergency,
temporary or probationary basis by the City.
21.2 Exceptions to Layoff - If the Fire Chief should find that a specific employee
should be retained despite a lower seniority because of special skills, abilities or
training that are essential to the efficient operation of the department or the
organizational unit, the Chief shall submit a written request to the City Manager
that sets forth in detail the specific skills, abilities or training possessed by the
member and the reasons the member is essential to the effective operation of the
department. A copy of the request will also be delivered to the Local 4350
Executive Committee at the same time as submitted to the City Manager. Absent
formal objection by the union through the grievance process and upon approval of
the City Manager, the member may be retained.
21.3 Alternatives to Layoff - Any member scheduled to be laid off shall be offered an
alternate position if qualified and if a suitable vacancy exists. A member may not
"bump" another permanent employee from his/her position in order to avoid
layoff.
21.4 Notice of Layoff - Prior to notification of those affected, the names of all
bargaining unit members scheduled for layoff will be provided to the City
Manager and to the Executive Committee of Local 4350. Such notice will include
information of job class and seniority of those affected and will reference any
request for out -of -seniority as provided in 21.2, above. Absent formal objection
by the union through the grievance process and upon approval by the City
Manager, layoff notices will be sent to the bargaining unit members affected.
Bargaining unit members shall be notified in writing by the Fire Chief of their
layoff at least fourteen (14) calendar days prior to the effective date of the layoff.
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21.5 Recall
A. Members in layoff status shall retain recall rights for twelve (12) months
from the date of layoff. The names and seniority dates of laid -off
members shall be placed on a recall list and a copy of the list shall be
provided to the union.
B. Members shall be recalled in order of seniority as shown on the recall list
determined at the date the initial layoff occurred. The member with the
greatest seniority shown on the recall list shall be recalled first. If, after
the City has provided notice of recall in accordance with this Article to
each of the members on the recall list, vacancies exist because laid off
members have refused recall or failed to respond to notice within the time
allotted, the recall list shall be deemed exhausted and the City shall fill
vacancies through its ordinary hiring process.
21.6 Members will be provided notice of recall and must follow the procedures defined
below in order to protect recall rights.
A. Notice of recall shall be given to the member by first class mail sent to the
most recent address contained in his/her personnel records.
B. A member who receives a notice of recall and desires to return to work
must respond to the City's Human Resources Department no later than
fourteen (14) calendar -days following his/her receipt of the recall notice.
A laid off member who fails to notify the Human Resources Department
in accordance with this section shall lose recall rights.
C. A member must report fit for duty within fourteen (14) calendar days (or
less if approved by the Fire Chief) following his/her notification to the
Human Resources Department of his/her desired return to work. A laid
off member who does not report fit for duty in accordance with this
section shall lose recall rights.
21.7 Seniority does not accrue during layoff, nor does the member accrue time off or
other benefit eligibility. Upon recall, a member's seniority shall be counted from
the member's former hire date, less the period of layoff.
21.8 In the event of a layoff, special consideration will be given to individuals eligible
for Veterans' preference in accordance with State law and City policy.
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Article 22
Dues Deduction
22.1 The City agrees that upon receipt of a voluntary individual notice for any
bargaining unit member, the City shall deduct from his/her pay, dues commencing
with the second pay period after receipt of such notice. Revocation shall be in
writing and shall be effective commencing with the second pay period after
receipt of such notice of revocation.
22.2 Dues shall be deducted each designated pay period and those monies shall be
remitted to the Clermont Firefighters Union, Local 4350 reasonably thereafter.
22.3 The Union will initially notify the City as to the amount of the dues to be
deducted. Such notification shall be to the City in writing over the signature of the
president or vice-president of Local 4350.
22.4 Changes in the amount of the union dues to be deducted will be certified to the
City in the same manner and shall be done thirty (30) calendar days in advance of
the effective date of such change.
22.5 The Union agrees to indemnify and hold harmless the City, its agents, employees
and officials from and against any claims, demands, damages or causes of action
(including but not limited to claims based upon clerical or accounting errors) or
any nature whatsoever, asserted by any person, firm or entity, based on or relating
to any payroll deduction required or undertaken under this Article, and agrees to
defend at its sole expense any such claims against the City, or it agents,
employees or officials. The term" officials" as used herein includes elected or
appointed officials.
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Article 23
Grievance Procedure
23.1 The purpose of this Article is to establish processes for the fair, expeditious and
orderly adjustment of grievances or disagreements between the City of Clermont,
the Clermont Fire Department and Local 4350 and its bargaining unit members
solely involving the interpretation or application of this Agreement.
A grievance is a dispute, claim, or complaint filed by a Bargaining Unit employee
or the Union arising under the Terms of this Agreement. Grievances are limited to
matters of interpretation or application of the provisions of this Agreement. Any
grievance filed shall contain a complete statement of the grievance, reference to
the provision, or provisions of the Agreement alleged to have been violated and
state the remedy or correction requested. The City need not entertain or process
under this Article, and may refuse to entertain, any disputes, claims, or complaints
not meeting this definition.
23.2 Any formal grievance filed shall be in writing and shall set forth the provision or
provisions of this Agreement alleged to have been violated and the facts
pertaining to the alleged violation(s) and the date of the violation(s). The
grievance shall be signed by the grievant and an Officer of Local 4350.
Grievances submitted which do not contain the above information and/or are
incomplete, shall be amended by the grievant within five (5) days of the original
filing_to state the required information. The necessity of filing an amendment
shall not affect the timeliness to the extent that the grievance is substantially
complete.
23.3 Nothing in this section shall be construed to prevent a bargaining unit member
from presenting, at any time, his/her own grievance without representation.
23.4 A bargaining unit member who wishes to submit a grievance must submit a
grievance in writing within fourteen (14) calendar days after the occurrence of the
matter from which the grievance arose. A grievance not appealed to the next step
within the time limits established by this procedure shall be considered settled on
the basis of the last answer provided by management.
23.5 In advancing grievances, the grievant bargaining unit member(s) or Local 4350
and management may call a reasonable number of witnesses to offer testimony.
Either party may call witnesses as needed. Hearings shall be continued to
facilitate appearance of witnesses who are Department employees, whose
presence would otherwise conflict with Department needs.
23.6 The formal grievance procedures are as follows:
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Step One
• The bargaining unit member and/or Clermont Firefighters Union, Local
4350, shall file the grievance, in writing, with the Fire Chief s Office within
fourteen (14) calendar days of the occurrence of the event giving rise to the
grievance.
• An Assistant Chief will conduct a meeting within fourteen (14) calendar days
of receiving the grievance or any amendment, if applicable with the grievant
and his/her requested representative, unless an Assistant Chief chooses to
grant the requested relief without further proceedings. The grievant shall not
be represented by an elected official of the City, the City Attorney or his/her
staff, or any person not affiliated with Union Local 4350. An Assistant Chief
shall notify the grievant and the Union of his/her decision, in writing, within
fourteen (14) calendar days after the meeting date.
Step Two
• If the grievance is not resolved to the grievant's satisfaction as rendered by
Step One, the bargaining unit member and/or the Union may forward the
grievance, in writing, to the Fire Chiefs Office within fourteen (14) calendar
days of receipt of the notification from an Assistant Chief.
The Fire Chief shall conduct a meeting within fourteen (14) calendar days
with the grievant and his/her requested union or legal representative, unless
the Fire Chief chooses to grant the requested relief without further
proceedings. The grievant shall not be represented by an elected official of
the City, the City Attorney or his/her staff, or any person not affiliated with
the Union Local 4350. The Fire Chief shall notify the grievant and the Union
of his/her decision, in writing, within fourteen (14) calendar days after the
meeting date.
Step Three
If the grievance is not resolved to the grievant's satisfaction as rendered by
Step Two, the bargaining unit member and/or the Union may forward the
grievance, in writing, along with a letter describing the details as set forth in
23.1 to the City Manager's Office requesting a meeting within fourteen (14)
calendar days of receipt of the notification from the Fire Chief.
The City Manager shall conduct a meeting within fourteen (14) calendar days
with the grievant and his/her requested union or legal representative, unless
the City Manager chooses to grant the requested relief without further
proceedings. The grievant shall not be represented by an elected official of
the City, the City Attorney or his/her staff, or any person not affiliated with
the Union Local 4350. The City Manager shall notify the grievant and the
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Union of his/her decision, in writing, within fourteen (14) calendar days after
the meeting date.
23.7 Grievance discussions at Steps One and Two shall be conducted during the
grievant's normal duty hours. The aggrieved bargaining unit member shall suffer
no loss of pay or benefits for time required for such meetings.
23.8 All class action grievances shall be filed at Step Two.
23.9 The aggrieved bargaining unit member and the Union shall be given at least two
(2) calendar days notices of the grievance meetings provided herein.
23.10 If any grievance is not satisfactorily resolved by the procedure outlined in the
Article, the Union may proceed to arbitration according to Article 24.
23.11 New hire probationary bargaining unit members shall not have the right to grieve
discipline or discharge.
23.12 It is agreed that a bargaining unit member may file a grievance/appeal, in
accordance with the personnel rules, regulations, and/or ordinances of the City of
Clermont. Bargaining unit members may only choose one grievance/appeal
process. The decision to use any City of Clermont grievance/appeal process is
irrevocable and precludes the bargaining unit member from filing any grievance
under the provisions of this Agreement.
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Article 24
Arbitration
24.1 If any grievance is not satisfactorily disposed of by the grievance procedure
outlined in Article 23, the bargaining unit member or Union may give notice of
intent to arbitrate by written notice, hand delivered or by certified mail, return
receipt requested, postmarked or hand delivered within fourteen (14) calendar
days after the receipt of the Step Three decision. Said written notice shall include
a statement of facts upon which the case is submitted, including a statement of the
position of the Union with respect to the arbitral issues.
24.2 Within fourteen (14) calendar days of the receipt of such notice, a letter shall be
directed by the Union to the Federal Mediation and Conciliation Service
requesting a list of arbitrators. Within seven (7) calendar days of receipt of the
list of arbitrators, a Union Representative and a representative of the City shall
meet to select an arbitrator. The Union and the City will alternately eliminate one
name at a time from the list until only one name remains and that person shall be
the arbitrator. The City and the Union shall alternate in the rights to first strike
names in successive arbitrations.
24.3 As promptly as possible, the arbitrator shall conduct a hearing between the parties
and consider the subject matter of the dispute. The decision of the arbitrator will
be served upon the bargaining unit member, the City and the Union, in writing.
A. Any party may be represented at the hearings by counsel or any other
representative.
B. The hearing shall be conducted by the Arbitrator in a manner that will most
expeditiously permit full representation of the evidence and arguments of all
parties. The parties shall make every effort to conclude the hearing within one
(1) day.
C. Each party shall bear the costs of preparing and presenting its own case. Each
party desiring a record of the proceedings shall pay for any costs thereof. In
the event both parties agree to have a record of any type made of the hearing,
said parties may share equally the cost of any such service.
24.4 The power and authority of the Arbitrator shall be strictly limited to determination
and interpretation of the explicit terms of the Agreement as herein expressly set
forth. He shall not have the authority to add or subtract from or modify any said
terms of the Agreement; to limit or impair any right that is reserved to the City,
the Union, or bargaining unit members; to establish or change any wage or rate of
pay that has been agreed to in the Agreement.
24.5 No decision of any Arbitrator in one case shall create a basis for retroactive
adjustment of any other case.
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24.6 The Arbitrator may, under the powers granted by the terms of this Agreement,
direct any remedy permitted by the Florida Arbitration Code.
24.7 The decision of the Arbitrator is final and binding on both parties and the
grievance shall be considered permanently resolved. Review shall not be
precluded pursuant to the Florida Arbitration Code.
24.8 The expenses of the Arbitrator shall be split equally by the parties. Each party
shall make arrangements for and pay the witnesses that are called by it.
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Article 25
Employee Educational Assistance
25.1 The City will reimburse bargaining unit members for the cost of tuition, books
and fees under the following conditions:
A. The course must be applicable to the employee's field of work or
of such nature and quality to directly contribute to the employee's
value and potential growth in Public Safety/Fire Rescue.
B. The course must be pre -approved by the Fire Chief and the City
Manager and is subject to budgetary constraints.
C. Only specific courses for a specific semester will be approved.
Blanket approval of courses will not be granted.
D. The course must be a part of a degree seeking program and be at a
nationally or regionally accredited institution.
E. Reimbursement shall be made upon completion of the approved
course and submission of the course final grade.
25.2 Effective Contract Approval date, the City will reimburse bargaining unit
members for the cost of tuition, books and fees based on state college/university
rates up to a maximum of one thousand ($1,000) dollars per fiscal year in
accordance with the following schedule:
A. 100% for attaining a final grade of "A"
75% for attaining a final grade of `B"
50% for attaining a final grade of "C"
B. If the course grading system is pass/fail, the City will pay 75% for
a "pass" and 0% for a "fail".
25.3 Bargaining unit members who resign from the City before the completion of one
(1) year of service from the date of their last course reimbursement must pay back
to the City any money received during that one (1) year period.
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Article 26
Physical Examinations
26.1 Bargaining unit members are required to successfully complete a physical
examination on an annual basis and are subject to a fitness for duty physical
examination when necessary. The physical examination provider must certify to
the City that the firefighter is medically qualified to perform all functions of a
firefighter, in accordance with the guidelines set forth by the Florida State Fire
Marshal Bureau of Fire Standards and Training and NFPA 1582. Refusal to
complete all components of an annual physical examination shall be grounds for
termination.
26.2 The annual physical examination will include at a minimum the following:
medical examination, height and weight, blood pressure, lab tests including,
urinalysis and metabolic blood panel, audio screening, EKG at rest or stress (upon
recommendation by the physician) and a Tuberculosis test. The cost of the annual
physical examination by the City's designated physical examination provider will
be paid by the City.
26.3 The Tuberculosis test results must be read within the time frame specified by the
physician. If the test results are not read within the specified time frame, the
bargaining unit member will be required to receive another Tuberculosis test at
the bargaining unit member's cost. If the Tuberculosis test is not completed
within 30 days of the physical examination, the bargaining unit member will be
required to undergo another complete physical examination at the bargaining unit
member's cost.
26.4 Scheduling of the annual physical examination will be at the discretion of the
Department and during normal scheduled work hours, when possible. Time spent
at examinations which the City requires to be taken outside regular work hours
will be considered hours worked for purposes of calculating overtime.
26.5 The City may require a member to undergo a physical or mental examination, at
the City's expense, whenever there is a reasonable belief, based on fact, that the
member's fitness for duty is in question, and shall determine the nature and extent
of such "fitness for duty" physical or mental examination.
26.6 All physical, health, and mental examination results will be maintained in
separate medical files maintained in the City's Human Resources Department. In
accordance with Florida Statutes, records contained in the bargaining unit
member's medical files may be exempt from disclosure pursuant to public records
laws. However, any release of medical file information in accordance with
Florida Statutes will be under the authority of the City Clerk.
26.7 All physical examinations will be conducted by a provider designated by the City.
However, bargaining unit members may select their own physician to perform the
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same annual physical examination, including testing and lab work, with the
approval of the City. The physical examination must be completed according to
NFPA 1582, Standards on Comprehensive Occupational Medical Program for
Fire Departments. If the bargaining unit member's personal physician performs
the annual physical examination, the City will reimburse the bargaining unit
member for the cost of the physical examination up to the amount charged by the
City's designated physical examination provider. In addition, the personal
physician will have to complete the standard physical examination results form
and send to the City.
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Article 27
General Provisions
27.1 Bargaining unit members who are on duty shall be furnished with parking
facilities at the Fire Department to the extent available. Said parking facilities
shall be furnished at no cost to the bargaining unit member.
27.2 Bargaining unit members shall be required to observe and comply with such
additional or supplemental rules and regulations promulgated and published by
the Fire Chief or his designee only after seventy-two (72) hours following
distribution to all department members.
27.3 Prior to the implementation of any new and/or revised regulations, procedures,
departmental operating guidelines or personnel policies the City shall provide the
new or revised items to the Union and will meet and confer with them prior to
implementation. This does not impact the Union's right to impact bargain on the
change.
27.4 Any memorandum issued will be in effect until the next annual revision of the
department's operating guidelines, after which they must either be incorporated in
the department's operating guidelines or shall be null and void.
27.5 All bargaining unit members are subject to drug/alcohol testing in accordance
with the City's Drug Free Workplace Program.
27.6 Bargaining unit members may request an annual AIDS test to be performed at a
facility designated by the City. Results of such tests shall be kept confidential.
27.7 The probationary period for new bargaining unit members is one (1) year;
however, the period may be extended by the Fire Chief at his/her discretion for
additional observation.
27.8 A bargaining unit member may, subject to prior approval of the Fire Chief, and
review by the City Manager (within 14 calendar days), accept and be employed in
an occupation off -duty, which is not in violation of Federal or State Laws or rules
and regulations of the Department, providing that such employment shall not
interfere with or adversely affect the performance of assigned duties. A
bargaining unit member may not, however, engage in off -duty employment which
is contrary to his/her medical restrictions.
27.9 An Extra Hours Opportunities List will be maintained for the firefighter, engineer,
and fire lieutenant job classifications. Bargaining unit members will be
maintained on the list based on their job classification experience in the
department, with the most experienced being the highest on the list.
27.10 The City agrees to provide on -duty training for bargaining unit members when
said training is required by the Fire Chief, Medical Director or the State of
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Florida. Training will be provided in traditional (in -person) as well as online
formats. Efforts will be made to offer multiple opportunities to attend and/or
obtain the required training or re -certification. Should the member fail to attend
the training sessions offered by the City (with the exception of being on Kelly
Day or leave previously approved prior to training being announced/scheduled),
the member shall be responsible to obtain the training while off -duty at his/her
cost. The City shall comply with the FLSA.
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Article 28
Severability Clause
28.1 If any article or section of this Agreement should be held invalid by operations of
law or by any tribunal of competent jurisdiction, or, if compliance with or
enforcement of any article or section should be restrained by such tribunal, the
remainder of this agreement shall not be affected thereby.
28.2 The parties shall enter into collective bargaining negotiations for the purpose of
arriving at a mutually satisfactory replacement for such article or section.
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Article 29
Locker Room Facilities
29.1 The City agrees to provide and maintain locker room facilities for bargaining unit
members, as appropriate.
29.2 Said locker room facilities shall consist of, but not limited to, the following:
lockers, showers, training room.
29.3 An agent of the City shall have the right to inspect a bargaining unit member's
locker space without permission of the bargaining unit member or proper
authority of law, provided said inspection is done in the presence of a bargaining
unit representative. The City shall be financially responsible for reimbursing a
bargaining unit member for loss or destruction of property by an Agent or
employee of the City during said inspection, excluding the locking device if the
bargaining unit member was given the opportunity to open said locker.
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Article 30
Voting
30.1 During a primary, special or general election, a bargaining unit member who is
registered to vote, whose hours do not allow sufficient time for voting, shall be
allowed necessary time off with pay for this purpose. Where the polls are open
two (2) hours before or after the regularly scheduled work period, it shall be
considered sufficient time for voting.
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Article 31
Wages
31.1 The following pay scales shall be effective during the duration of this contract:
1 st full pay period
following date of
adoption - September 25,
2022
Minimum
Maximum
Hourly
Annual
Hourly
Annual
Firefighter
$16.13
$42,002.52
$24.50
$63,798.00
Engineer
$17.67
$46,012.68
$27.20
$70,828.80
Firefighter/Inspector
$22.12
$46,009.60
$33.98
$70,678.40
Fire Lieutenant
$20.35
$52,991.40
$32.55
$84,760.20
September 26, 2022 -
Sept. 24, 2023
Minimum
Maximum
Hourly Annual
Hourly
Annual
Firefighter
$16.45 $42,835.80
$26.22
$68,276.88
Engineer
$18.02 $46,924.08
$29.10
$75,776.40
Firefighter/Inspector
$22.56 $46,924.80
$36.36
$75,628.80
Fire Lieutenant
$20.76 $54,059.04
$34.83
$90,697.32
September 25, 2023 -
Sept. 30, 2024
Minimum
Maximum
Hourly Annual
Hourly
Annual
Firefighter
$16.78 $43,695.12
$27.79
$72,365.16
Engineer
$18.38 $47,861.52
$30.85
$80,333.40
Firefighter/Inspector
$23.01 $47,860.80
$38.54
$80,163.20
Fire Lieutenant
$21.18 $55,152.72
$36.92
$96,139.68
The annual hours
for Firefighters, Engineer and Fire Lieutenants shall be
2604 hours. The annual hours for Firefighter/Inspectors shall be 2080 hours.
31.2 Bargaining unit members who have specified certifications shall be eligible to
receive incentive pay in accordance with the requirements outlined in the
department's operating guidelines. Bargaining unit members who do not
complete the necessary re -certification requirements necessary to maintain
these certifications shall not be paid the incentive pay amounts. The incentive
pay shall be equal to 1/26th of the annual amounts and paid to bargaining unit
members bi-weekly in their regular paychecks, commencing with the first pay
period after eligibility has been established. New rates for incentives in the
2021-22 fiscal year that are in place for bargaining unit members at the time of
contract adoption shall become effective in the first pay period following the
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date of adoption. Incentive pay is included in the calculation of the bargaining
unit member's FLSA hourly pay rate, however, it is not subject to merit and
other pay increases. Effective upon contract adoption (or after eligibility is
established following the inception of the incentive program), the qualified
certifications and annual/biweekly amounts are as follows:
➢ Surface Water Rescue Technician $750/$28.85
➢ Technical Rescue Team SO $1,200/$46.15
➢ Technical Rescue Team SOC $3,000/$115.38
➢ Field Training Officer $1,000/$38.46
➢ Child Safety Seat Technician $600/$23.08
➢ Paramedic:
o Effective the beginning of the first full pay period after
contract approval — $8,500/$326.92
o Effective September 26, 2022 — $9,000/$346.15
o Effective September 25, 2023 — $10,000/$384.62
Bargaining unit members assigned to the department's Technical Rescue
Team (TRT) shall qualify for the SO incentive. Upon meeting qualifications
established in the department operating guidelines, TRT members shall
receive the SOC incentive in place of the SO incentive.
Bargaining unit members must be designated by management and approved
by the City's medical director to provide Advanced Life Support services as
part of their official duties in order to be eligible to receive the above noted
paramedic incentive pay.
The following bargaining unit members, identified below by city employee
number, currently receiving the Hazardous Materials Technician and/or
Confined Space/High Angle Rope Rescue Technician shall continue to
receive the incentive(s) until such time as they separate from employment or
become eligible and elect to receive either the SO or SOC incentive. If at any
time in the future such individuals are no longer on the SO or SOC team, they
will no longer be eligible to receive the Hazardous Materials or Confined
Space incentives:
4226, 4435, 4675, 4866, 4966, 4972, 4981, 5048, 5066, 5148, 5530, and 5337
31.3 The only add on or assignment pay that will be paid to bargaining unit members
is Working Out of Classification. Bargaining unit members who are required by
management to work in a higher classification due to a supervisor's absence
shall be compensated an additional 5% for all hours worked in the higher
classification.
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31.4 Bargaining unit members shall be eligible for pay increases during the duration
of this contract as follows:
➢ Effective October 1, 2022 — September 30, 2024
o Bargaining unit members will be eligible to receive hourly
merit pay increases based on the overall rating of their twelve
(12) month City employment anniversary performance
evaluation as noted in Article 38 of this Agreement. Merit pay
increases shall range from 2% to 4%, in accordance with the
performance rating scale in use for certified fire department
employees and are awarded for overall performance which
meets or exceeds position/job expectations.
31.5 Merit pay increases shall not be available to bargaining unit members at the
pay scale maximum. Effective October 1, 2022, lump sum merit payments in
lieu of merit pay increases will be provided so long as lump sum payments
are specifically included in the budget approved by the City Council.
31.6 Bargaining unit members in the following classifications shall receive
the following pay increases.
➢ Firefighters: 8.00% effective the beginning of the first pay period
after contract approval. 2.50% effective September 26, 2022, and
2.50% effective September 25, 2023.
➢ Engineers: 8.00% effective the beginning of the first full pay
period after contract approval. 2.50% effective September 26,
2022, and 2.50% effective September 25, 2023.
➢ Firefighter/Inspector: 8.00% effective the beginning of the first
full pay period after contract approval. 2.50% effective September
26, 2022, and 2.50% effective September 25, 2023.
➢ Lieutenants: 8.00% effective the beginning of the first full pay
period after contract approval. 2.50% effective September 26, 2022,
and 2.50% effective September 25, 2023.
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Article 32
Holidays
32.1 The following days shall be observed as official holidays for bargaining unit
members:
First Day of January (New Year's Day)
Third Monday of January (Martin Luther King Day)
Last Monday in May (Memorial Day)
The Fourth of July
First Monday in September (Labor Day)
November 1Ph (Veterans' Day)
Fourth Thursday in November (Thanksgiving)
Friday after Thanksgiving
December 24th (Christmas Eve)
December 25th (Christmas Day)
Bargaining unit members will become eligible for any additional holiday
adopted by the City.
32.2 When an official holiday falls on a Saturday, eight (8) hour bargaining unit
members shall observe the holiday on the Friday immediately preceding the
holiday. When an official holiday falls on a Sunday, the eight (8) hour bargaining
unit members shall observe the holiday on the first Monday after the holiday.
Twenty-four (24) hour bargaining unit members shall observe the holiday on the
actual holiday.
32.3 Holiday pay shall be paid in the following manner:
A. All bargaining unit members who meet the Holiday Pay eligibility
requirements outlined in Article 32.3.C. of this Agreement shall be paid
Holiday Pay equivalent to eight (8) hours at the bargaining unit member's
regular rate of pay. In the event that the observed holiday falls on the
bargaining unit member's regularly scheduled day off, the member may
request and, with the Fire Chief s approval, be given eight (8) hours off with
pay in the same pay period, instead of being paid the holiday pay.
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B. All bargaining unit members who are required to work on an official holiday
and do not qualify for the overtime premium as noted in Article 9 of this
agreement shall be paid for all hours worked on the holiday at the rate of one
and one-half (1.50) times the bargaining unit member's regular rate of pay. In
addition, the bargaining unit member must meet the Holiday pay eligibility
requirements outlined in Article 32.3.0 of this agreement. This provision does
not apply when employees are compensated for special events as outlined in
Article 44.
C. To be eligible for Holiday Pay, a bargaining unit member must meet the
following requirements:
1. Must be a full-time employee
2. Must work on any scheduled shift seventy-two (72) hours prior to and
seventy-two (72) hours after the holiday as well as the day of the holiday,
if scheduled, or the bargaining unit member must be in an approved pay
status on any scheduled shift not less than seventy-two (72) hours prior to
and seventy-two hours after the holiday, if scheduled. Pay status shall
include -members on paid annual, sick, or comp time, as well as leave due
to workers' compensation and/or personal days.
D. A bargaining unit member who reports in on the scheduled shift seventy-two
(72) hours prior to and seventy-two (72) hours after the holiday as well as the
day of the holiday and was unable to complete their shift due to illness, injury
or emergency, shall be considered to have worked that day.
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Article 33
Publication of the Agreement
33.1 The Union shall be responsible for printing and distributing the necessary number
of copies of this Agreement to the bargaining unit members.
33.2 The Union and the City agree to execute duplicate originals of this Agreement.
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Article 34
Promotions
34.1 Promotions shall be conducted as provided in the Department's Operating
Guidelines.
34.2 Bargaining unit members promoted shall receive a pay increase to either the pay
scale minimum noted in Article 31.1 of this agreement or equivalent to five (5)
percent, whichever is greater.
34.3 The probationary period (12 months) for a promoted member may not be
extended more than two (2) consecutive three (3) month periods.
34.4 If the promoted member does not successfully complete the probationary period,
the member shall be reassigned to his/her position previously held. The
member's rate of pay will be adjusted to the rate of pay prior to the promotion.
All merits and any other adjustments incurred during the probationary time will
be applied to the pre -promotion pay rate.
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Article 35
Duration
35.1 This Agreement shall be in full force and effect upon ratification by the
bargaining unit members and approval by the City Council. Such ratification and
approval shall be made immediately following finalization of this Agreement.
35.2 This Agreement shall continue in full force and effect until midnight of
September 30, 2024.
35.3 Upon expiration of this Agreement, the terms and conditions of employment of
the bargaining unit members shall be governed by the status quo doctrine except
that the pay increases outlined in Article 31 shall not be effective after the
expiration of this Agreement. Pay increases after the expiration of this
Agreement will be subject to negotiations and valid for active members at the
time of contract approval.
35.4 Unless specifically stated herein, all changes shall be effective the beginning of
the first pay period after contract approval (with the exception of merit pay
increases).
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Article 36
Damage or Loss to Personal Property
36.1 The City shall reimburse a bargaining unit member for loss or damage to personal
property specifically noted in this article in the performance of his duty, subject to
the procedures and restrictions set forth in the following paragraphs. No
reimbursement shall be made if loss or damage results from carelessness,
negligence or misuse on the part of the bargaining unit member.
A. Lost or damaged corrective eyewear shall be reimbursed 100% of the cost of
repair or replacement per bargaining unit member per incident not to exceed
$100.00. The maximum amount of reimbursement for the cost of repair or
replacement of watches, wedding rings or medical identification bracelets
shall be $200 per bargaining unit member per incident.
B. Report of the loss of or damage to personal property must be made within the
shift in which the loss or damage occurs or within a maximum of 3 calendar
days if mitigating circumstances such as an injury prevent the bargaining unit
member from reporting at the time of loss. Such report must include an
explanation of how, when, and under what circumstances the loss occurred,
and provide the brand name, original cost, and age of the item for which
reimbursement is requested. The bargaining unit member's supervisor is
responsible for investigating and making a recommendation to the Fire Chief
concerning the claim.
C. To receive reimbursement, the bargaining unit members must provide a
receipt for the replacement article and, if possible, the remains of the broken
item.
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Article 37
Pension
37.1 The City agrees to continue providing pension benefits to bargaining unit
members in accordance with the City of Clermont Firefighters Pension Plan
(Plan) in effect as approved by the pension board and City Council.
37.2 The Union agrees to allow the City to use 100% of all future Chapter 175 annual
distributions.
37.3 Bargaining unit members shall contribute five and one-half (5.5%) percent of
their salary toward the normal pension cost of the Plan.
37.4 Bargaining unit members who have reached twenty-two years of service are
eligible to receive a one-time bump up in the benefit formula multiplier equal to
9% (the effect is 75% of average earnings at 22 years). All future year multipliers
will be 2% up to a max of 100%.
37.5 All pension changes will be effective upon pension board and City Council
approval and will not revert back to any prior service and will only affect future
retirees beginning the first payroll date after adoption.
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Article 38
Performance Evaluations
38.1 The City's current Performance Evaluation Policy, as outlined in the City's
Employment Policies Manual is adopted hereto.
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Article 39
Uniforms and Equipment
39.1 The City will provide uniforms and shoes to all bargaining unit members who are
required to wear such uniforms and shoes in the performance of their duties at no
cost to the member. The uniforms and shoes may be purchased by bargaining
unit members with the annual uniform allotment established by the Fire Chief for
each bargaining unit member from the City's designated provider. However, the
bargaining unit member shall be responsible for any applicable clothing fringe
benefit federal income taxes. The Fire Chief shall determine the style of uniform
and shoes worn by the members.
39.2 Any uniforms provided by the City which are damaged or destroyed while a
member is acting in the performance of their duties, shall be replaced by the City
within a reasonable period of time at no cost to the member.
39.3 The City shall provide all equipment necessary to safely and effectively perform
the duties and responsibilities of a sworn Firefighter at no cost to the member.
The Fire Chief shall determine what equipment is necessary.
39.4 When it is determined that a bargaining unit member is at fault for loss or damage
to City issued equipment through a careless or intentional act, in addition to any
other applicable disciplinary actions an assessment may be made in accordance
with the following schedule:
A. If the loss/damage is the first occurrence within a two year period, the
percentage assessed shall be 25% of the cost of repair or replacement, not
to exceed fifty dollars ($50.00).
B. If the loss/damage is the second occurrence within a two year period, the
percentage assessed shall be 50% of the cost of repair or replacement, not
to exceed seventy-five dollars ($75.00).
C. If the loss/damage is the third occurrence within a two year period, the
percentage assessed shall be 75% of the cost of repair or replacement, not
to exceed one hundred dollars ($100.00).
D. If the loss/damage is the fourth occurrence within a two year period, the
percentage assessed shall be 100% of the cost of repair or replacement, not
to exceed one hundred twenty-five dollars .($125.00).
Due to extenuating circumstances at the time of loss or damage, the member's
supervisor may recommend to the Fire Chief that the assessment be waived.
39.5 Upon termination of employment or transfer from the department, the bargaining
unit member shall return all uniforms and equipment issued to him/her in like
condition as when issued, with the exception of reasonable wear and tear. If
bunker gear is not returned, the employee shall be assessed a prorated cost of the
gear based on age of gear, on his/her last paycheck in accordance with FLSA
guidelines.
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Article 40
Modified Duty Assignment
40.1 If a bargaining unit member is temporarily unable to perform the essential
functions of his/her job due to a non -work related injury/illness, a written request
for a modified duty assignment may be submitted. There shall be no modified
duty status allowed a member unless, at the Fire Chief s sole discretion and in
collaboration with Human Resources and the City Manager, it is determined that a
necessary modified duty work opportunity exists within the Fire Department. In
the event there is no modified duty work available in the Fire Department, the
City Manager may approve modified duty status for work in other departments of
the City.
40.2 If such an opportunity is available, the Fire Chief shall inform the bargaining unit
member in writing of any modified duty assignment(s) and the physical
capabilities required for their performance.
40.3 Upon the request of the Fire Chief, the bargaining unit member shall present this
modified assignment information to the treating physician and obtain, at his/her
expense, a written evaluation of the bargaining unit member's capacity to perform
the essential functions of the assignment. The medical evaluation must be in
sufficient detail to satisfy the Chief. The Chief reserves the right to request a
second opinion from a City -selected physician at the City's expense if any doubt
exists concerning the member's current ability to perform the modified duties.
40.4 Any modified duty assignment shall be administered by the City in accordance
with applicable law, including but not limited to the Americans with Disabilities
Act. Modified duty may be ended at the will of the City at any time in accordance
with applicable law, and shall not be subject to the grievance/arbitration
provisions of this Agreement.
40.5 In the event a bargaining unit member suffers an on-the-job illness or injury that
is compensable under Workers' Compensation, he/she shall be given preference
for a light duty assignment over a member suffering a non -work related condition
if there are insufficient necessary light duty work opportunities available. The
process for obtaining and granting such an assignment shall be the same as noted
above in Sections 40.1 — 40.4.
40.6 In cases where the light duty will extend beyond two pay periods, 24-hour
personnel qualifying for light duty for a work -related injury shall be assigned to
an 8-hour duty work cycle (M-F, 8-5) and shall be temporarily assigned as an 8-
hour employee under the following conditions:
• The temporary assignment shall begin at the start of the next pay period
after being assigned to light duty (for work -related injury) and extend
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through the end of the pay period when the employee is released to full
duty.
• The effective hourly rate for light duty (for work -related injury) shall be
equivalent to the member's total base salary annual earnings at the current
fire shift hourly rate (e.g. multiplying the member's 24-hour hourly rate by
2,604 and then dividing by 2,080).
• All eligible incentives will remain in effect during this time.
• While temporarily assigned, the member's vacation and sick leave shall
accrue at the same rate as other 8-hour city employees, and use of leave
shall be hour for hour.
• 24-hour personnel separating from employment while on modified duty
status shall have all benefits and unused leave paid out at the 24-hour fire
shift hourly rate.
• Unusual circumstances outside what is described above may be approved
by Fire Chief and City Manager.
40.7 A bargaining unit member performing a modified duty assignment will be paid
only for time actually worked and at his/her regular straight time rate of pay. No
additional or overtime hours may be worked when a member is performing a
modified duty assignment. Members may utilize accumulated and available sick,
vacation, or personal time to make up a loss in pay if the modified assignment
does not require at least eighty (80) hours in a biweekly pay period.
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Article 41
Smoking and Tobacco Use
41.1 It is understood that smoking and other forms of tobacco use is a known hazard to
the health of employees, including members of the bargaining unit. In an effort to
improve the health of bargaining unit members and to decrease the costs
associated with treating tobacco related illnesses, bargaining unit members are
required to adhere to the City's Smoking and Tobacco Use Policy in effect at the
time unless otherwise stipulated in this Agreement.
41.2 Employees Hired after October 1, 2015 must be tobacco (all forms) free for 1 year
prior to employment and must remain tobacco (all forms) free for the duration of
their employment.
41.3 Employees hired prior to October 1, 2015 shall abide by the City's Smoking and
Tobacco Use Policy.
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Article 42
Health and Safety
42.1 It is the goal of the City and the Union to maintain the highest standards of
workplace safety in the Fire Department in order to minimize accidents, injuries,
illness and death in the fire Service. In an effort to accomplish this goal, the City
agrees to the formation of a Fire Department Safety Committee that will be in
compliance with the requirements as set forth in Florida Statutes 633.810.
42.2 All bargaining unit members shall be required to pass the annual physical agility
test. The physical agility test shall be conducted in accordance with Department
Operating Guidelines.
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Article 43
Reduced Activity Period
43.1 Subject to operational needs, there shall be a period of reduced activity on each
shift which should normally run from 1700 to 0700. During the reduced activity
period, on -duty employees shall be in uniforms as required by the departmental
operating guidelines and be ready to respond immediately to calls. After 1700,
the on -duty crew shall complete the station duties for the day not yet completed
before the reduced activity period, as well as other duties which the Fire Chief, or
his/her designee, determines are necessary to be completed before the end of the
shift.
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Article 44
Special Events
44.1 "Special events" are defined as events in which a permit is required for
activities/special events and for reserved use of City facilities. Special Events are
temporary assemblies held on regulated property within the City of Clermont and
shall include, but not be limited to, any ceremony, exhibition, show, concert,
pageant, rally, private entertainment events, seasonal holiday sales, professional
performances, concerts, parades, street dances, sporting events, festivals,
competitions, art shows, runs/races/walks or assembly which is likely to attract
participation of more than two hundred fifty (250) and any event where fireworks
shall be used, exploded or displayed.
This definition shall be extended to events, which are City sponsored and/or when
a permit is waived, requiring firefighter staffing. The Fire Chief or his designee
will review the public safety impact of each of these events and shall determine, if
Fire and/or Emergency Medical Services (EMS) resources are needed. Examples
of events that will be paid by the city under this agreement include but are not
limited to:
• Earth Day Lake Clean Up
• Light Up Clermont
• Red, White and Boom
• Sips and Salsa
• National Night Out
• Great Clermont Campout
• CPD's PD Honor the Fallen 5K
• CPD's Alzheimer's 5K
• Other events that are out of the ordinary, which the Fire Chief has
obtained consensus from the city manager, prior to advertising the
assignment as a special event.
44.2 Bargaining unit members working a special event will be considered to be on duty.
44.3 Bargaining unit members who work the Special Event outside of their regularly
scheduled shift and do not qualify for the overtime premium noted in Article 9.17
of this contract shall be paid for all hours worked the Special Event at the rate of
one and one-half times (1.5) the bargaining unit member's regular rate of pay.
44.4 The hours worked during the special event will be considered time worked for
purpose of overtime calculation in the work period in which the special event
occurred, in accordance with the Fair Labor Standards Act.
44.5 Compensation earned while working special events shall be considered pensionable
and is taxable.
44.6 Special events duty shall be assigned in accordance with Article 2 Prevailing and
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Management Rights 2.2; Article 27 General Provisions 27.9 Extra Hour
Opportunities; Article 9 Overtime, Overtime Pay and Compensatory Time, and any
and all articles applicable in the collective bargaining agreement effective January
24, 2017. Article 10 Extra -Duty shall not apply. Voluntary and mandatory special
event assignments shall be paid in the same manner, in accordance with items 45.3
through 45.5.
44.7 If a special event detail is unfilled and where minimum staffing allows and in-
service units are not removed from service, personnel shall be moved from
available in-service units prior to issuing a mandatory overtime call out.
44.8 This agreement does not include special event hours that are paid by the vendor
through a third party system (such as Detail Kommander).
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Article 45
Complete Agreement
44.1 This Agreement constitutes the entire Agreement and understanding between the
parties and subject to applicable law. This Agreement shall not be modified, altered,
changed, or amended in any respect except upon the mutual agreement set forth in
writing and signed by the authorized representatives of both parties. Furthermore,
this Agreement supersedes any and all previous agreements and understandings
between the parties, either written or orally.
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NEGOTIATING TEAM FOR THE CLERMONT PROFFESSIONAL
FIREFIGHTERS UNION LOCAL 4350
00.01
ro ckerson, Pifs—ident—
ruce Wisniewski, Treasurer
NEGOTIATING TEAM FOR THE CITY OF CLERMONT
Brian M. B his, Ci anager Nadine Oh 'nger, Human Resources Director
David zell, Fire Chi Pamela Brosonski, Finance Director
Steven Rosenthal; Chief Negotiator, The Training Tree
THIS AGREEMENT APPROVED UPON ADOPTION BY THE CITY COUNCIL OF THE CITY
OF CLERMONT ON THE 8TH DAY OF MARCH, 2022.
ATTEST:
Tracy Ackroyd Howe, City Clerk
61
Tim Murry, ayo '
2/25/2022