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03/20/2015 (2)
INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AND INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, I.A.F.F. IMPASSE HEARING FRIDAY, MARCH 20, 2015 - 9:30 A.M. Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman Bob Solari, Vice Chairman Joseph E. Flescher Peter D. O'Bryan Tim Zorc District 1 District 5 District 2 District 4 District 3 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:30 A.M. Commissioner Wesley S. Davis, Chairman Commissioner Bob Solari, Vice Chairman 4. BRIEF INTRODUCTION AND OVERVIEW OF PROCESS County Attorney Dylan Reingold 5. ARTICLES AT IMPASSE A. Article 14 — Uniforms and Equipment. 10 minutes each, County presents first B. Article 15 — Safety and Health. 15 minutes each, Union presents first C. Article 17 — Staffing. 10 minutes each, County presents first IAFF IMPASSE HEARING March 20, 2015 Page 1 5. ARTICLES AT IMPASSE (CONTINUED) D. Article 18 — Vacancies and Promotions. 15 minutes each, County presents first E. Article 19 — Shift Exchanges. 15 minutes each, County presents first F. Article 26 — Medical Leave and Disability Leave. 15 minutes each, County presents first G. Article 28 — Annual Leave. 10 minutes each, County presents first H. Article 33 — Incentive Pay. 15 minutes each, Union presents first I. Article 34 — Salaries. 15 minutes each, County presents first J. Article 37 — Duration and Renewal. 5 minutes each, County presents first 6. BOARD OF COUNTY COMMISSIONERS DISCUSSION AND ACTION A. Article 14 — Uniforms and Equipment. B. Article 15 — Safety and Health. C. Article 17 — Staffing. D. Article 18 — Vacancies and Promotions. E. Article 19 — Shift Exchanges. F. Article 26 — Medical Leave and Disability Leave. G. Article 28 — Annual Leave. H. Article 33 — Incentive Pay. I. Article 34 — Salaries. J. Article 37 — Duration and Renewal. 7. ADJOURNMENT IAFF IMPASSE HEARING March 20, 2015 Page 2 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. IAFF IMPASSE HEARING March 20, 2015 Page 3 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Joseph A. Baird, County Administrator Michael C. Zito, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: Joseph A. Baird County Administrator DATE: February 5, 2014 SUBJECT: County Administrator's Recommendations for Resolving Impasse with Indian River County Firefighter/Paramedic Association, Local 2201 Section 447.403(4)(a) of the Florida Statutes provides that: The chief executive officer of the governmental entity involved shall, within 10 days after rejection of a recommendation of the special magistrate, submit to the legislative body of the governmental entity involved a copy of the findings of fact and recommended decision of the special magistrate, together with the chief executive officer's recommendations for settling the disputed impasse issues. The chief executive officer shall also transmit his or her recommendations to the employee organization. The following are my recommendations for settling the disputed impasse issues. A copy of this document and its attachments are also being provided to the Indian River County Firefighter/Paramedic Association, Local 2201 ("Local 2201"), through their labor counsel, as required by the statute. 1. OVERVIEW A. The Indian River County Firefighter/Paramedic Association, Local 2201 ("Local 2201") represents a bargaining unit consisting of approximately 221 certified Fire Rescue Division employees below the rank of Battalion Chief. This includes 1 Captains, Lieutenants, Engineers, Firefighters, Paramedics, and Inspectors within the Emergency Services Department, Fire Rescue Division. The only employees within the Fire Rescue function chain -of -command who are excluded from the bargaining unit are the 5 Battalion Chiefs, EMS Chief Brian Burkeen, and Director John King. The last full collective bargaining agreement ("CBA") between the County and Local 2201 covered the period of October 1, 2008 to September 30, 2011. On August 17, 2010, the County and Local 2201 extended the CBA, pursuant to a Memorandum of Agreement, through September 30, 2013. Negotiations for the parties' successor CBA, the first year of which is FY 2013-14, began on April 22, 2013. Between April 22, 2013 and May 29, 2014, the parties conducted 14 bargaining sessions. On May 30, 2014, the County formally declared an impasse in negotiations. B. On October 9 and 10, 2014, a hearing was held in this matter before Special Magistrate John J. Popular, who was appointed by the Florida Public Employees Relations Commission ("PERC"). C. On December 19, 2014, the Special Magistrate issued his Recommendations regarding the Articles at impasse. [Exhibit A hereto.] Thereafter, the Special Magistrate clarified his Recommendations by email memoranda. [Exhibit B hereto.] D. On January 26, 2015, the County filed its Notice of Partial Rejection of Special Magistrate's Recommendations. [Exhibit C hereto.] That same day, Local 2201 filed its Rejections of Special Magistrate's Recommendations. [Exhibit D hereto.] E. The following Articles or portions thereof remain at impasse and will be presented to the Board of County Commissioners ("BCC") at a public hearing for final and binding resolution:' 1. Article 14 — Uniforms and Equipment 2. Article 15 — Safety and Health 3. Article 17 — Staffing 4. Article 18 — Vacancies and Promotions 5. Article 19 — Shift Exchanges 6. Article 26 — Medical Leave and Disability Leave 7. Article 28 — Annual Leave 8. Article 33 — Incentive Pay 9. Article 34 — Salaries 10. Article 37 — Duration and Renewal Local 2201 claims that Article 6 — Union Activity, is also at impasse and should be presented to the BCC for resolution. As explained herein, the BCC cannot legally take action on Article 6 — Union Activity. 2 II. RECOMMENDATIONS ON ARTICLES REMAINING AT IMPASSE 1. ARTICLE 6 — UNION ACTIVITY Issue: As of the declaration of impasse in this matter, the only substantive changes to Article 6 that either party was proposing was the addition of the following language to Paragraph 6.4: "The three members of the Union's Negotiations Team who were allowed time off with pay shall return to duty immediately upon the conclusion of all bargaining meetings." [See Exhibit E hereto; Local 2201 5/24/14 Proposal.] While the parties had identical proposals on the table at the time impasse was declared, Local 2201 refused to sign off on the language it was proposing. As such, the County included Article 6 in its list of Articles at impasse with the understanding that only the above -referenced language of Paragraph 6.4 was properly at issue. At the Special Magistrate hearing, for the first time during more than a year of negotiations, Local 2201 presented an entire re -write of Article 6, which included a never -before presented union business bank. As it is well established under the law that a party cannot raise for the first time at a Special Magistrate hearing a matter that has not been previously negotiated at the bargaining table — Port Orange Professional Fire Fighters Association v. City of Port Orange, 37 FPER 1199 (2011) — the County argued both at the hearing and in its post -hearing brief that Local 2201's new union business bank proposal could not be considered by the Special Magistrate. Special Magistrate's Recommendation: The Special Magistrate agreed with the County, ruling that "[given] the absence of the Union's [business bank] proposal, prior to declaration of the impasse, [the proposal] should be excluded from the Special Magistrate process (i.e., City of Port Orange vs. IAFF, 37 FPER 99)." [Exhibit B, p. 3.] Moreover, the Special Magistrate concluded that, "The fact that Article 6 was not at issue when the impasse was declared, precludes the Special Master from making a recommendation relative to the merits of this issue." County Administrator's Recommendation: Local 2201 has rejected the Special Magistrate's conclusion, and seeks to have the BCC adopt its union business bank proposal. The County opposes this as the BCC cannot legally consider Local 2201's union business bank proposal. In this regard, Section 447.403(3), Florida Statutes, states: 3 "The special magistrate shall hold hearings in order to define the area or areas of dispute, to determine facts relating to the dispute, and to render a decision on any and all unresolved contract issues." Here, pursuant to Section 447.403(3), the Special Magistrate held a hearing to, among other things, define the areas of dispute. And, considering the parties' evidence and legal arguments, the Special Magistrate determined that Local 2201's union business bank proposal was not an issue that was properly before him. As such, the Special Magistrate determined that he could not legally make a recommendation regarding Local 2201's proposed union business bank. Under the law, the BCC is not allowed to consider and/or take action on any issue on which the Special Magistrate has not made a recommendation. In fact, the BCC would commit an unfair labor practice in violation of the Florida Public Employees Relations Act if it considered and/or took action on Local 2201's proposed union business bank. As PERC explained in Communications Workers of America, Local 3170 v. City of Gainesville, 20 FPER ¶25226 (1994), "a recommendation as to the resolution of the disputed issues by a neutral third party" is a "critical element of the impasse process," and is a "statutory requirement" for the legislative body to take action. Going one step further, PERC concluded that even if the special magistrate did not issue a recommendation due to misunderstanding, as Local 2201 argues in this case, "the debilitating impact upon the impasse process remains the same." For these reasons, the BCC cannot, and should not, consider and/or take any action regarding Article 6 — Union Activity. 2. ARTICLE 14 — UNIFORMS AND EQUIPMENT Issue• The only paragraphs of this Article that remain in dispute are ¶¶14.01 and 14.02. Paragraph 14.01 currently contains a list of uniform items and equipment that the County is required to provide to the bargaining unit employees. It also states that in addition to the enumerated equipment (i.e., "protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter -resistant face shield, gloves, safety glasses for welding and metal cutting") the County shall provide other safety equipment "deemed necessary by management." The County is proposing to change the language of 1114.01 due to the insistence by bargaining unit employees that the language of that paragraph entitled them to a new complement of uniforms and equipment every year, instead of replacing them only when they are worn out or damaged. Local 2201 proposes that ¶14.01 remain status quo with the exception of deleting management's right 4 to determine what additional safety equipment will be provided. The County opposes Local 2201's proposed change. Paragraph 14.02 provides that uniforms and protective clothing "shall be replaced upon being lost, or becoming worn or damaged as determined by management." In practice, the decision to replace worn or damaged articles is made by the Training Division — one member of management and one bargaining unit employee. Local 2201 has proposed the deletion of management's right to determine when items should be replaced. The County opposes Local 2201's proposed change. Special Magistrate's Recommendation: Replace the existing 1114.01 with the following as proposed by the County: "The Employer will provide adequate uniforms and safety equipment as deemed necessary by management." Keep 1114.02 status quo as proposed by the County. County Administrator's Recommendation: As of the parties' 13th bargaining session on April 16, 2014, both parties were proposing the changes to ¶14.01 requested by the County, and were proposing to leave Paragraph 14.02 status quo. [See Exhibit F hereto; Local 2201 11/18/13 Proposal.] At the parties' next bargaining session on May 29, 2014, on the eve of the declaration of impasse, Local 2201 significantly changed its position on these paragraphs. Local 2201 has presented no valid basis for doing so. Hence the reason why the Special Magistrate recommended in favor of the County on both paragraphs. It is the County's position that uniforms and equipment should be replaced when worn out or damaged, not on an artificial annual schedule. Simply stated, it would be irresponsible for the County to spend taxpayer money to replace items that do not need to be replaced. Moreover, it is management's right under Article 10 of the CBA to determine the safety equipment to be provided to the bargaining unit employees and when uniforms or protective clothing should be replaced. Local 2201's proposal would result in the disagreements regarding what safety equipment is necessary, and whether uniform items should be replaced, being determined by an arbitrator. Besides the absurdity of going to arbitration over the replacement of a pair of trousers, it is outside the purview of an arbitrator to determine on what safety equipment the County should spend taxpayers' money to purchase and require its employees to use. Thus, Local 220I's proposal must be rejected. While the Special Magistrate recommended the County's position on 114.01 and 14.02, in an attempt to alleviate some of Local 2201's concerns about deleting the list of uniform items and equipment, the County has modified its proposal as reflected in Exhibit G hereto. Accordingly, I recommend that the BCC adopt the County's modified proposal attached as Exhibit G hereto. 3. ARTICLE 15 — SAFETY AND HEALTH Issue: The only paragraph of this Article that remains in dispute is 115.01. Paragraph 15.01 currently states, "The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations." Local 2201 seeks to add the following language: "The County agrees to provide a safe and healthy working environment irrespective of Article 10.2.I [the CBA's Management Rights Article]. The County agrees to comply with all applicable laws related to safety, health, sanitation, and working conditions, as may be required under all State, Federal, and local laws." The County opposes Local 2201's proposed changes. Special Magistrate's Recommendation: Keep ¶15.01 status quo as proposed by the County. County Administrator's Recommendation: As of the parties' 13th bargaining session on April 16, 2014, the parties were in agreement on maintaining the status quo language of ¶15.01. [See Exhibit H hereto; Local 2201 11/18/13 Proposal.] Moreover, as of that date, and through roughly 1 year of negotiations, Local 2201 had not sought to address any concerns regarding safety and health at the bargaining table. The reason for this was two -fold: (a) as of that date there were no health and safety concerns that the parties had been unable to resolve, and (b) prior to the April 16, 2014 bargaining session, the declaration of impasse did not appear imminent. On May 23, 2014, after it became clear at the parties' April 16, 2014 bargaining session that the declaration of impasse was imminent, Local 2201 emailed the County its current version of Article 15, which, for the first time, proposed any changes to 1115.01.2 At the same time, prior to even discussing these proposed changes at the parties' next bargaining session on May 29, 2014, Local 2201 sent correspondence to the County raising, for the first time, issues regarding station conditions. Thereafter, Local 2201 went public with its health and safety "concerns." It does not require someone who is experienced in union -management relations to recognize that Local 2201's true intent in raising its "concerns" at the eleventh 2 Local 2201 also proposed adding into ¶15.04 the requirement that the County comply with the OSHA standard for SCBA mask fit testing. The Special Magistrate recommended that change, and the County has accepted it. 6 hour was to put public and political pressure on the County in the hopes that the County would capitulate on the CBA issues that are really in dispute, such as wages. Had Local 2201 been truly concerned regarding matters such as station conditions, which according to Local 2201 have existed for a number of years, Local 2201 would have attempted to resolve these issues at the bargaining table during the year of negotiations prior to May 2014. That they did not speaks volumes. In fact, in the almost one year since May 2014, despite continuing to raise their "concerns" with the media, Local 2201 has still made no effort to address issues such as station conditions with the County at the bargaining table. The reason for this is simple — Local 2201 is more interested in sensationalizing the issues than resolving them. Local 2201 knows that the County is addressing the issues that have resulted from the County having to place capital improvements on hold during the Great Recession, including the County increasing the Emergency Services Fund taxes by 15.5% in Fiscal Year 2013-14, in large part, to kick start fire -rescue vehicle purchases and capital improvements. However, Local 2201 ignores the County's efforts as they do not fit within Local 2201's narrative that the County Administration and BCC do not care about the employees' health and safety. The County has no doubt that Local 2201 will continue to sensationalize its "concerns" both before and during the hearing before the BCC. The County will set the record straight at the BCC hearing, just as it did at the Special Magistrate hearing. In this regard, after hearing multiple hours of presentations by the parties over Local 2201's "concerns," and considering hundreds of pages of supporting materials, the Special Magistrate rejected Local 2201's proposed changes to ¶15.01. Putting aside Local 2201's questionable motivation for its proposal on ¶15.01, as the Special Magistrate noted, it is unnecessary as the County is already required to comply with local, state and federal law. Moreover, what the Special Magistrate failed to understand (although such failure is not dispositive as he recommended in the County's favor) is that Local 2201's proposed language allows disputes over health and safety issues to be heard and resolved by an arbitrator instead of the current system whereby such disputes are heard and resolved by the state/federal administrative agencies or the courts. It is not the role of an arbitrator, who has no training or expertise in health and safety matters, to determine whether the County violated health and safety standards/laws. That is the role of OSHA, Workers' Compensation, the State Fire Marshal's Office, etc. who are statutorily empowered to enforce the applicable health and safety laws. Turning this authority over to an arbitrator is dangerous and potentially costly — if an arbitrator deems a station unsafe and rules that the County should replace it, the County will have no avenue of appeal and will be legally required to spend the $2 million necessary to build a new station, no matter how wrong the arbitrator may be. It would be irresponsible for the County to agree to CBA language that could allow for such a result. Accordingly, 1 recommend that the BCC adopt the County's proposal attached hereto as Exhibit I, which preserves the status quo on 1115.01. 4. ARTICLE 17 — STAFFING Issue: The only paragraph of this Article that remains in dispute is ¶17.02. The current language of ¶17.02 reads in pertinent part, "As a general rule, (6) employees per shift may be granted leave and one (1) employee per shift may be granted a Kelly day by the Fire Chief." Local 2201 proposed to change ¶17.02 to allow eight (8) employees off on any combination of annual leave, physical training ("PT") day, or Kelly day. In the spirit of compromise, the County agreed at the Special Magistrate hearing to the limit of eight (8) employees off on any combination of annual leave, PT day (if any), or Kelly day; provided that no more than 2 employees can be off on a Kelly day each shift. This will potentially increase the Division's overtime costs by —$52,000 per year. What remains in dispute is Local 2201's proposal to change the current language of ¶17.02 under which employees "may" be granted leave to employees "shall" be granted leave. The County opposes this change as it would remove the Division's current ability to deny or rescind leave as operational need arises. Special Magistrate's Recommendation: "The County will allow eight (8) employees off on approved leave per shift. Such approved leave may be denied and/or rescheduled due to (1) mandatory specialized training scheduled to be held during that time or (2) if hurricane conditions are eminent." County Administrator's Recommendation: While the County appreciates the Special Magistrate's attempt to address the County's concerns, the Special Magistrate's recommendation does not go far enough. Moreover, the Special Magistrate left out a key piece of Local 2201's proposal — that only 2 employees can be on Kelly days each shift. This is an important limitation, without which the County cannot agree with the compromise it proposed at the Special Magistrate Hearing. As to the issue of "may" versus "shall," there are times when mandatory specialized training is presented by third parties, such as nuclear power plant training, which is only offered at limited times during the year. The County cannot allow employees to take leave and miss such training. Likewise, leave may have to be denied when the County is in a hurricane watch as, 8 understandably, employees have to be prepared to report to duty if a hurricane hits. These, however, are not the only times that leave may have to be denied or cancelled. If, for example, a wave of influenza hits the Division and the County cannot otherwise meet minimum staffing, leave may need to be denied or cancelled. It is simply impossible to enumerate all of the circumstances under which leave may need to be denied or cancelled. And, the County cannot agree to any language that could possibly limit the Division's ability to provide services to the public. The fact remains that Local 2201 has not presented any evidence of the County abusing the current authority it has to deny or rescind leave, and no valid basis exists for Local 2201's proposed change. Thus, ¶17.02 should continue to provide that leave "may" be granted. Accordingly, I recommend that the BCC adopt the County's proposal on ¶17.02, attached hereto as Exhibit J, which provides in pertinent part as follows: "The County may allow eight (8) employees off on approved leave per shift. Approved leave shall be defined as Annual Leave, PT day (if any), or Kelly days. Up to two of the eight employees granted leave may be on Kelly days per shift. Kelly days shall be selected first. Any additional employee leave may be granted only with special approval of the Emergency Services Director." 5. ARTICLE 18 — VACANCIES AND PROMOTIONS Issue: The only paragraphs of this Article that remain in dispute are ¶1118.03 (newly numbered), 18.08 (newly numbered), and 18.09 (newly numbered).3 In ¶18.03 (newly numbered), the County seeks to amend the process for promotions to positions within the bargaining unit. Under the current CBA and practice, promotional examinations for the positions of Engineer, Lieutenant, and Captain are given in September of each year. The examinations consist of a written portion prepared and scored in-house by the training division, and a practical portion that is scored by evaluators brought in from other jurisdictions. The scores on both portions of the test are compiled by the training division and presented to a Promotion Board, consisting of 4 members of management and 4 members of the bargaining unit/union, ranked on an eligibility list by highest to lowest scorer. The Promotion Board meets on paid time (e.g., on duty, on overtime), takes the highest 3 scorers and ranks them in order of preference, and presents them to the Emergency Services Director, who then picks among the top 3 Upon further consideration, the County withdraws its proposed changes to 1118.05 (newly numbered), and accepts Local 2201's position and the Special Magistrate's recommendation that ¶18.05 (newly numbered) remain status quo. 9 9 3 candidates for promotion. If multiple vacancies exist at the time the Promotion Board meets, the Board ranks candidates for each of the promotions at that time. If a subsequent vacancy exists, the Promotion Board reconvenes on paid time. The employee selected for promotion is moved to the corresponding step in the higher position; normally -10% pay increase. The County seeks to change this process so that the Promotion Board meets once and ranks all of the candidates, instead of having a separate meeting for each new vacancy. Additionally, the County seeks to give the Emergency Services Director the authority to appoint a qualified employee who is not on the promotional list in the event there are fewer than three employees on the promotional list. In ¶118.08 (newly numbered), and 18.09 (newly numbered), the County seeks to modify the points system used in the promotions process. More specifically, the County has proposed to return to the pre -2012 system under which points were added or subtracted for education and discipline. Local 2201 opposes all of the County's proposed changes. Special Magistrate's Recommendation: Add to 118.03 (newly numbered) the following, "The Emergency Services Director or his designee shall have sole discretion to appoint a qualified employee who is not on the promotional list in the event there are fewer than three employees on the promotional list." Status Quo on the remaining paragraphs in dispute. County Administrator's Recommendation: Under the current promotional process, the County is, and has been facing for a number of years, an issue regarding a lack of qualified individuals sitting for the promotional examinations. This is especially problematic with respect to promotions to Lieutenant and Captain. In Fiscal Year 2012-13, 26 Engineers were eligible for promotion to Lieutenant, but only 6 sat for the promotional exam, and only 4 passed the exam; 29 Lieutenants were eligible for promotion to Captain, but only 4 sat for the promotional exam, and only 3 passed the exam. In Fiscal Year 2013-14, 25 Engineers were eligible for promotion to Lieutenant, but only 7 sat for the promotional exam, and only 6 passed the exam; 23 Lieutenants were eligible for promotion to Captain, but only 3 sat for the promotional exam, and only 3 passed the exam. In Fiscal Year 2014-15, 18 Engineers were eligible for promotion to Lieutenant, but only 6 sat for the promotional exam, and only 4 passed the exam; 20 Lieutenants were eligible for promotion to Captain, but only 1 sat for the promotional exam, and only 1 passed the exam. This lack of qualified individuals sitting for the promotional examination has resulted in the promotional eligibility lists being prematurely exhausted (i.e., vacancies existing without anyone left on the eligibility list to promote) and/or the 10 10 only candidates remaining on the list being undesirable (e.g., having a history of disciplinary actions). When the eligibility lists are exhausted, the Division has to pay employees overtime to fill the vacancies. Working employees out of classification under Article 21 is not a viable option as individuals working out of classification do not assume all of the duties of the higher classification (e.g., they do not prepare performance evaluations for subordinates). Even then, it often costs the Division more to work an employee out of classification than to promote the employee. For example, an Engineer making $55,000 who is promoted to Lieutenant receives a promotional increase of $5,500 (10%). That same Engineer who works out of classification for 24 hours receives additional pay equal to $2.50 per hour which, if annualized, equates to $7,100. Not only does this cost the Division more, it likely is creating a disincentive for employees to sit for promotion — they can make more working out of classification with fewer responsibilities. While at first blush, the remedy to this would appear to be the giving of another test, 3 problems exist with this. First, the Division cannot whip up a test on a moment's notice; they take months to prepare and schedule (the dates have to be coordinated with outside assessors, space has to be set up for the testing, etc.). Second, the tests are costly in terms of resources. Not only does the training division have limited resources, giving the test impacts operations as the candidates take the written portion on duty and someone has to cover for them while they are testing. Third, the vast majority of the employees eligible to promote for Lieutenant and Captain are not sitting for the tests in the first place; giving the test again would not accomplish anything. The issue of eligible employees not sitting for promotional exams came to a head in July 2013 when the promotion of a Captain to Battalion Chief created a Captain vacancy. A Lieutenant from the Captain's eligibility list was promoted to Captain, but there were no Engineers left on the Lieutenant's eligibility list to promote to Lieutenant. Thus, Director King selected a qualified Engineer to fill the vacancy to avoid having to cover the vacancy with overtime. Local 2201 filed a grievance over the matter, which the County granted in large part. Since that time, the Division has not promoted any employees from outside of the eligibility lists. The County is once again facing the issue created by eligible employees not sitting for promotions. For the September 2014 Lieutenant promotional exam, only 6 of the 18 eligible employees sat for the exam, and only 4 passed it. On December 31, 2014, the Lieutenant promotional list was exhausted. Currently there is 1 Lieutenant vacancy that the Division cannot fill. It regularly costs the County —$1,000 to cover this vacancy each shift, or 410,000 per month. At the end of May 2015, 3 Lieutenants who currently are in DROP will be retiring, leaving the Division with at least 4 Lieutenant vacancies it cannot fill under the current promotions process. It will cost the County 4220,000 in pay and benefits 11 11 in this fiscal year to cover these 4 Lieutenant vacancies. Given this, a substantial change has to be made to the current promotions process. To address this issue, the County has proposed in ¶18.03 (new) that once the number of employees on a promotions eligibility list drops below 3 candidates, the Emergency Services Director has the discretion to appoint a qualified employee to the position who is not on the list. This will both allow the Division to bypass undesirable candidates, such as those with a disciplinary history, and allow the District to avoid overtime when the eligibility list is exhausted. To alleviate any that unqualified individuals would be selected, the County has added in the requirement that the individuals appointed must be eligible to work out of classification in the higher position. These individuals have gone through a process to be qualified to do so, and have actual experience working in the higher position. Additionally, to avoid any concern that selections will be made based on favoritism, the County has included criteria that will be considered in making the appointments. Lastly, the County has agreed not to force anyone to accept a promotion, and will go outside the organization for the promotion only after 3 qualified individuals decline the promotion. This should alleviate any legitimate concerns that Local 2201 has. Regarding the other proposed change in 1[18.03 (new), the current system of the Promotion Board reconvening every time a new vacancy occurs is inefficient and a waste of resources (the Board members are being paid while convening). The County has proposed that the Promotion Board rank all of the eligible candidates during its initial meeting, which is clearly more efficient than the current process. Local 2201 has offered no reason why this proposal should not be adopted. Turning to the proposed changes in 118.08 (newly numbered) and 18.09 (newly numbered), the County also proposes to modify the points system used in the promotions process. Prior to a Memorandum of Agreement entered into by the parties in 2012, Article 18 contained a system of points that were added to or subtracted from employees' promotional exam scores for things such as education and discipline. Since that time, the Division has seen a decline in employees seeking educational opportunities and a rise in disciplinary actions. To remedy this, the County has proposed to return to the pre -2012 system with respect to points being added or subtracted for education and discipline. Local 2201 has offered no substantive reason why this proposal should not be adopted. Accordingly, I recommend that the BCC adopt the County's proposal on 118.03 (newly numbered), 18.08 (newly numbered), and 18.09 (newly numbered), attached hereto as Exhibit K. 12 12 6. ARTICLE 19 — SHIFT EXCHANGE Issue: Paragraphs 19.01, 19.02, 19.03, 19.04, and 19.05 of this Article remain in dispute. Section 7(p)(3) of the Fair Labor Standards Act ("FLSA") provides that two individuals employed in the same capacity by the same public agency may agree, solely at their option and with the approval of the public agency, to substitute for one another during scheduled work hours. It further states that the hours worked by the substituting employee shall be excluded by the public agency in the calculation of the hours for which the substituting employee is entitled to overtime compensation under the FLSA. The implementing regulations provide that when "one employee substitutes for another, each employee will be credited as if he or she had worked his or her normal work schedule for that shift." 29 CFR §553.31(a). In other words, if employees A and B agree to exchange scheduled shifts, when employee B works for employee A, employee A is paid as if he/she worked the shift even though he/she did not work, and employee B receives no pay for working the shift. The opposite occurs when the exchange is completed by employee A working for employee B. Under the current Article 19, bargaining unit employees have the ability to exchange shifts with their co-workers, provided the exchange does not interfere with the Division's operation and subject to approval of the Emergency Services Director. Over the years, this has morphed into a system whereby the bargaining unit employees have carte blanch to exchange shifts without limitation on: the number each year, when both sides of the exchange will occur (i.e., when the initial exchange will be paid back), or if a complete exchange will occur, (i.e., if the initial exchange will be paid back). Moreover, this has morphed into a system whereby the bargaining unit employees have carte blanche to exchange shifts without consideration of: the ultimate impact it has on shift staffing, or the impact on training and assessment. Thus, the County seeks to place some reasonable controls on the use of shift exchanges. Local 2201 opposes the County's proposed changes. Special Magistrate's Recommendation: Adopt Local 2201's proposal on 1119.01 with the change "up to a maximum of 12 full shifts and 6 partial shifts per fiscal year." Adopt 719.02, 19.03, and 19.04 as proposed by the County. Delete 1119.05. County Administrator's Recommendation: The end result of the current system in which bargaining unit employees have carte blanch to exchange shifts as they please is that the Division now has employees who are engaging in up to 40 shift exchanges each year. As the 24- hour shift bargaining unit employees are scheduled to work 10 shifts each month, 13 13 this equates to 4 months of shift exchanges each year. Moreover, these shift exchanges are not being paid back in the same year — it is rare that the exchanges zero out in the same year, and it is not uncommon for employees to end the year with over 20 shifts (2 months) to the plus or minus. And, disturbingly, it is clear that an underground economy has developed whereby employees are exchanging cash in lieu of repaying shift exchanges — there is no way that bargaining unit employees are working 2 extra months a year without any additional compensation. This system has resulted, for example, in employees actually working only 7 months and being on shift exchange and paid leave for 5 months last fiscal year, while costing the taxpayers $90,568 in pay and benefits. Local 2201's counter is, "why should the County care as long as the shift exchanges are not costing the County overtime." The reason why the County cares is multi -fold. First, the shift exchanges do actually cost the County overtime and/or working out of class pay. The reason for this is that shift exchanges are often requested months prior to the date of the exchange. For example, there are times when a Solo Fire -Medic requests an exchange with a non -Solo Fire -Medic for a shift that is 2 months away. The shift exchange is approved where, at the time it is requested, there are no anticipated operational impacts of the exchange based on then -scheduled staffing. However, by the time the actual exchange takes place 2 months later, due to factors such as illness and injury, having a non -Solo Fire -Medic work for a Solo Fire -Medic results in a shortage of Solo Fire -Medics on shift, and the Division has to pay overtime to a Solo Fire -Medic to cover the shortage. In an attempt to address this issue, the Emergency Services Director exercised the discretion provided to him under the current Article 19 of the CBA and directed that the advance approval of shift exchanges be discontinued. This resulted in Local 2201 filing a grievance, and the Emergency Services Director withdrawing his directive. As Local 2201 was unwilling to work with the Emergency Services Director to resolve this issue, the County had no choice but to address it through a change in the CBA language. Second, the County has an obligation to ensure that the Division's employees are appropriately trained and that their skills and abilities are properly assessed. As such, employees are scheduled for training and assessment at the training grounds once each month. When individuals are off from work for 2 to 4 months a year on shift exchanges, it is impossible to ensure that they are appropriately trained or that their skills and abilities are being properly assessed. This has the very real potential of impacting the health and safety of the public. Lastly, the County has an obligation to ensure that an underground, off -the -books economy does not exist as a result of its shift exchange policy. Tellingly, Local 2201 never denied at the Special Magistrate hearing that cash was being exchanged under the table. Employees accepting cash for working shifts and not reporting such payments to the IRS raises a number of legal issues. The County cannot turn a blind eye towards these issues. 14 14 In 1119.01, the County proposes to limit shift exchanges to 10 full and 4 partial shifts each year. While the County appreciates the Special Magistrate's efforts to craft a compromise of a maximum of 12 full shifts and 6 partial shifts per fiscal year, the County believes its proposal is more than reasonable; besides, Local 2201 is unwilling to accept this compromise anyway. The County's proposal would still provide bargaining unit employees with more than a month of shift exchanges each year. Had this limitation existed in Fiscal Year 2013-14, only 23 bargaining unit employees would have been impacted; 188 bargaining unit employees would not have been impacted by the change. The only objection to this proposal raised by Local 2201 at the Special Magistrate hearing to the County's proposed limitation was that it would not allow Local 2201's 4 officials sufficient time to conduct union business. In fact, Local 2201's officials are already allowed to attend negotiations and address discipline on duty, can handle union matters on their days off (they only work 10 shifts each month), and the County's proposal still gives them plenty of time to conduct union business. Local 2201, however, is presumably sticking by its position that Local 2201's 4 officials have the ability to work or not work as they please. Such a position is simply unacceptable — as long as they are being paid by the County, Local 2201's 4 officials have to be accountable. In 719.02 through 19.05, the County has proposed reasonable controls on shift exchanges necessary to address the issues discussed above, such as requiring that shift exchanges be rank -for -rank to avoid any chance that the exchange will create overtime, requiring shift exchanges to be paid back in the same fiscal year to ensure that shift exchanges are not being paid off in cash and allowing the Division to monitor them, and creating disincentives such as disqualification and double charges to sick leave for employees who do not work a scheduled shift exchange (which causes the Division overtime). The Special Magistrate has found these controls to be reasonable and has recommended them. Local 2201 has not offered any justification for opposing any of these reasonable measures. Accordingly, 1 recommend that the BCC adopt the County's proposal on 719.01, 19.02, 19.03, 19.04, and 19.05, attached hereto as Exhibit L. 7. ARTICLE 26 — MEDICAL LEAVE AND DISABILITY LEAVE Issue: The only paragraphs of this Article that remain in dispute are 726.01, 26.03 (existing numbered), 26.03 (newly numbered), 26.05 (newly numbered), 26.06 (newly numbered), and 26.09. More specifically, the remaining areas of dispute center on changes proposed by the County to reduce accrued leave and payouts on separation from employment consistent with reductions that have occurred County -wide, and to bring the usage of medical (a/k/a sick leave) under control. Local 2201 opposes these changes. 15 15 Special Magistrate's Recommendation: Reject changes proposed by the County to reduce accrued leave and payouts on separation from employment consistent with reductions that have occurred County -wide. Adopt changes proposed by the County to bring the usage of medical (a/k/a sick leave) under control. County Administrator's Recommendation: In ¶1126.03 (newly numbered) and 26.09, the County has proposed a reduction in the amount of medical leave that bargaining unit employees can carry forward each year and the amount that is paid out upon separation from employment. These proposed reductions are based on direction from the BCC to reduce the liability that the County has on its financial sheets for medical and annual leave. Such reductions have been implemented for all of the other County employees beginning in October 2011, including the County's non-union employees and the members of the Teamsters' bargaining unit. As a result, the County currently has a —$5 million medical and annual leave liability — —$3 million for the 552 non - Fire Rescue Division employees, and —$2 million for the 236 Fire Rescue Division employees. Thus, the Fire Rescue Division employees have a much higher percentage of the County's medical and annual leave liability than their percentage of representation in the County's workforce. The County seeks to create parity between all employees in its workforce. Currently, bargaining unit employees can carry forward each year up to 50 24- hour shifts of medical leave (1,200 hours), and can cash in 50 24-hour shifts of medical leave (1,200 hours) upon separation from employment. Under the County's proposal, bargaining unit employees with 25 or more 24-hour shifts of accrued medical leave (600 hours) would be grandfathered from any changes. Bargaining unit employees with less than 25 24-hour shifts of accrued medical leave (600 hours) would be capped at carrying forward and cashing out 25 24- hour shifts of accrued medical leave (600 hours). While this is a reduction, it would still leave current bargaining unit employees with up to 2.5 months of medical leave for use or pay out upon separation. And, this reduction would bring the Local 2201 bargaining unit employees' accruals and payouts in line with the County's other current employees, including the Teamsters' bargaining unit employees. As for employees hired after the effective date of this Article, they would be capped at carrying forward 15 24-hour shifts of accrued medical leave (360 hours) and cashing out 7.5 24-hour shifts of accrued medical leave (180 hours). With respect to the issue of the amount cashed out upon separation, this would address the issue created by employees earning leave at one rate and then cashing it out at a higher rate upon separation. And, the County's proposal regarding new hires would actually put them in a better position than their Teamster counterparts. 16 16 In opposing the County's proposal to reduce leave accruals and payouts, Local 2201 did not attempt to argue at the Special Magistrate hearing that its implementation would result in bargaining unit employees having an insufficient amount of leave. Nor could Local 2201 make such an argument as, under the County's medical leave, annual leave and shift exchange proposals, current bargaining unit employees would still have between 2.5 and 5 months of medical leave, up to 2 months of annual leave, 3 paid Kelly days, 1 paid personal day (day shift), and at least 1 month of shift exchanges, for a total of between 6 and 8.5 months of potential time off each year. Newly hired bargaining unit employees would have up to 1.5 months of medical leave, up to 1.5 months of annual leave, 3 paid Kelly days, 1 paid personal day (day shift), and at least 1 month of shift exchanges, for a total of 4.5 months of potential time off each year. This is clearly a sufficient amount of time off each year. And if that were not enough, unlike most employers, the County allows Local 2201 bargaining unit employees to begin their 3 months (12 weeks) of Family Medical Leave Act ("FMLA"), after they have used all their paid leave, and to receive sick leave donations while on FMLA leave, thus giving Local 2201 bargaining unit employees up to an additional 3 months of leave for illness and injuries that are not duty related (duty - related injuries are covered by workers' compensation). Turning to ¶26.01, a doctor's note is currently required after 3 medical leave occurrences in 90 days to ensure that medical leave is not being abused. While not spelled out in the CBA, a practice has developed whereby multiple consecutive shifts of medical leave are counted as one occurrence. Following this, an employee can call in sick for 10 consecutive shifts, and thereby be out an entire month, but the employee is charged with only 1 occurrence. This is clearly contrary to the spirit and intent embodied by ¶26.01. Moreover, the uncontrolled use of sick leave is problematic as the Division invariably has to pay employees overtime to cover medical leave vacancies, which is causing the Division to exceed its overtime budget. In this regard, overtime expenditures are already $161,000 (65.9%) higher in the first quarter of the current fiscal year than they were the same time last fiscal year. The County, therefore, has proposed to count each full or partial absence as an occurrence for purposes of requiring that the employee submit a doctor's note. Regarding the current ¶26.03, the current Article provides that additional medical leave may be granted to bargaining unit employees by the Emergency Services Director. This provision is outdated as the Emergency Services Director does not determine medical leave. That is a function of County Human Resources in accordance with County policy. As such, the County seeks to delete this outdated language. As to the newly numbered ¶26.05.B, some employees are calling in sick the day they are supposed to return from annual leave; essentially using medical leave to extend their vacations. This is causing the Division overtime. To address this issue, the County has proposed that an employee who calls in sick in conjunction 17 17 with the use of other leave provide a doctor's note. And, Local 2201 has not disputed that this problem exists or that there is anything overly burdensome about requiring an employee to produce a doctor's note under these circumstances. Regarding the newly numbered ¶26.05.C, the County is proposing language to address the issue discussed above regarding employees burning their medical leave during the last months of their employment with the County. The intent of this proposal is not to prevent employees who have legitimate medical needs from taking time off. Instead, the intent is to protect the County against the abuse of leave which increases the Division's overtime expenditures. As to the newly numbered ¶26.05.D, the Division has experienced a problem with bargaining unit employees scheduling doctor's appointments on their assigned shift days and waiting until they come on shift before telling a supervisor that they need to leave for a few hours in the middle of the shift to attend a doctor's appointment. To address this, the County has proposed that the employee provide 72 hours of advance notice of doctor's appointments. Turning to the newly numbered ¶26.06.A and B, the Division is experiencing a problem with employees calling in at the last minute to say that they are sick, but will be able to come in an hour, or will be able to come in the second half of their shift (during sleep time). It is way too uncanny that these employees are able to forecast with certainty that they will be better in an hour or later in the day. It does not take much experience in this area to recognize that these employees are gaming the system (e.g., they are using this as a way to sleep in before coming to work). To discourage the practice, the County has proposed disincentive language in the newly numbered ¶26.06.A and B. With respect to the newly numbered ¶26.06.C, the Division is experiencing a problem with employees who are mandated to work an overtime shift and/or who do not like their assignment proclaiming that they are sick and leaving the shift early. This leaves the Division in a lurch as employees leaving their shift early invariably results in the shift being short staffed, and under Article 17.01 of the CBA the Division cannot operate a station short-staffed for more than 4 hours. As discussed more fully in the section of this Brief addressing Article 31, calling off-duty employees in an attempt to get them to fill a vacancy, especially on a moment's notice, is a herculean task, and one that costs the Division overtime. To address this issue, and discourage this practice, the County has proposed that employees who are too sick to finish their shifts bring in a doctor's note verifying their illness. There is nothing overly burdensome about requiring an employee to produce a doctor's note under these circumstances. Accordingly, I recommend that the BCC adopt the County's proposal on ¶1126.01, 26.03 (existing numbered), 26.03 (newly numbered), 26.05 (newly numbered), 26.06 (newly numbered), and 26.09, attached hereto as Exhibit M. 18 18 8. ARTICLE 28 — ANNUAL LEAVE Issue: The only paragraphs of this Article that remain in dispute are 728.01, 28.02 and 28.03. More specifically, the remaining areas of dispute center on changes proposed by the County to reduce accrued leave and payouts on separation from employment consistent with reductions that have occurred County -wide. Local 2201 opposes these changes. Special Magistrate's Recommendation: Status quo as proposed by Local 2201, except adopt the County's proposed second sentence in ¶28.03, which reads, "Employees hired on or after 10/1/2013 will be eligible to receive payment for accrued annual leave up to 500 hours, or the maximum hours allowed by the Florida Division of Retirement at the time, whichever is Tess, in total." County Administrator's Recommendation: As was discussed above with respect to medical leave, County management was under direction from the BCC to reduce accrued leave, including annual leave, for all County employees. The purpose of this is to reduce the County's funding liability. Thus, the County has proposed a reduction in the amount of annual leave that new hire bargaining unit employees can accrue, carry forward each year, and be paid out upon separation from employment. Current employees as of the date of the implementation of these changes would be completely grandfathered under the existing system. And, as to new hire employees, they would be in parity with the County's non-union and Teamsters' employees. Accordingly, I recommend that the BCC adopt the County's proposal on ¶¶28.01, 28.02 and 28.03, attached hereto as Exhibit N. 9. ARTICLE 33 — INCENTIVE PAY Issue: The only paragraph of this Article that remains in dispute is ¶33.10. More specifically, Local 2201 seeks a major and costly expansion of the Division's solo paramedic incentive program. The County opposes Local 2201's proposed change. Special Magistrate's Recommendation: Keep ¶33.10 status quo as proposed by the County. 19 19 County Administrator's Recommendation: By way of background, to perform work as a paramedic in the State of Florida, an individual has to attain State paramedic certification. Upon doing so, to be able to work autonomously, the individual has to be approved by a doctor to work under his/her medical license. This approval normally takes the form of a protocol test. In many jurisdictions, the individuals who have been protocolled by the agency's doctor, or Medical Director, are referred to as "solo paramedics." In the County's Emergency Services Department, the term "solo paramedic" has taken on a different meaning. In October 2005, the County's old Fire and Emergency Medical Services Divisions were consolidated. As part of the consolidation, the Division encouraged the then-Firefighter/EMTs to obtain their paramedic certification, which they had to pay for themselves and attend classes on their own time. To incentivize the Firefighter/EMTs, as well as to address pay issues that existed for the Paramedics from the former Emergency Medical Services Division who were not certified firefighters, the County created the Solo Paramedic Incentive. Since that time, the Division moved to hiring only Fire -Medics who are required to possess paramedic certification as a condition of their employment, and the Solo Paramedic Incentive has morphed into extra compensation for individuals who are assigned in a lead paramedic capacity, similar to the additional compensation that is provided to the EMS Training Coordinator and Training Officer, and the Special Operations Field Training Officer. More specifically, the Division selects and assigns at least 1 Solo Paramedic to each of its 9 ALS Engines and 11 Ambulances. These individuals, who are selected based on their rank, equipment, shift and skills, are responsible for overseeing the paramedic work performed by the crew assigned to the apparatus. Under ¶33.10, there are 86 Solo Paramedic slots that may be filled by the Division. All 86 slots have not always been filled as all 86 are not needed to cover the 20 pieces of apparatus on each of the 3 shifts. However, to alleviate Local 2201's concerns about there not being enough Solo Paramedics for purposes of shift exchanges, the County is amenable to filling all 86 slots as Local 2201 has requested. Local 2201's proposal, however, goes much further than just filling all 86 Solo Paramedic slots. Instead, Local 2201 wants all protocolled paramedics to receive the Solo Paramedic Incentive, even if they are not serving in a lead capacity. While it is certainly an aspiration of the Division to have all of its protocolled paramedics capable of serving as lead paramedics, the reality is that not every protocolled paramedic has the skill set and experience to serve in that capacity. For example, there is simply no way that the Division can assign a paramedic who has just passed a protocol test to serve as the lead paramedic on a piece of apparatus. Moreover, the Division does not need that many leads — there are only 20 pieces of apparatus that presently require lead paramedics. 20 20 Lastly, the County cannot afford Local 2201's proposal. In this regard, Local 2201's proposal carries a —$200,000 per year price tag. This cost will increase over time as all new hires are required to be protocolled paramedics. The Emergency Services Fund's budget cannot absorb this additional recurring expense. This is especially true where, as here, the County has significant expenditures that need to be made for fire -rescue vehicle purchases and capital improvements. To the extent that Local 2201 contends that the County could pay for the increase by increasing taxes, the millage rate for the current fiscal year has already been set; even if the County were inclined to increase taxes again, it could not do so until Fiscal Year 2015-16. And, to the extent that Local 2201 contends that the County could pay for the increase out of reserves, doing so would reduce the reserves below what the County has determined to be safe levels. Moreover, reserves are not self -generating; therefore it is not normally appropriate to pay annually recurring expenses out of reserve funds. Accordingly, I recommend that the BCC adopt the County's proposal, attached hereto as Exhibit 0, to keep ¶33.10 status quo. 10. ARTICLE 34 — SALARIES Issue: The only paragraph of this Article that remains in dispute is ¶34.02. More specifically, the only issue is the amount of the wage increases for each of the fiscal years of the CBA. The County proposed at the Special Magistrate hearing the following for a 3 -year CBA: (a) FY 2013-14: a 3% COLA increase effective on ratification of the CBA, no step increase; (b) FY 2014-15: a 2.5% COLA and a 2.5% step increase using the County's proposed new step plan effective on ratification of the CBA; and (c) FY 2015-16: the same cost -of -living increases, if any, provided to general non - bargaining unit employees under the County Administrator's purview, and a 2.5% step increase under the County's proposed new step plan. Local 2201 proposed at the Special Magistrate hearing the following for a 2 -year CBA: (a) FY 2013-14: a 3% COLA increase and a 5% step increase under the existing step plan retroactive to April 1, 2014; and (b) FY 2014-15: a 3% COLA increase and a 5% step increase under the existing step plan retroactive to October 1, 2014. The County rejected Local 2201's proposal as it would permanently add $520,000 to the Division's budget over and above the County's proposal. Special Magistrate's Recommendation: (A) Effective upon ratification thru September 30, 2015, a 3% COLA increase, a 5% step increase under the existing step plan, and a $1500 lump sum payment for 21 21 topped -out employees (paid in $500 increments January 2015, April 1, 2015 and July 1, 2015); and (B) For Fiscal Year 2015-16, the same cost -of -living increases, if any, provided to general non -bargaining unit employees under the County Administrator's purview, and a 2.5% step increase under the County's proposed new step plan. County Administrator's Recommendation: The County's wage package is based on internal consistency and affordability. In the former regard, the County's proposal was the same as what was provided to the non-union and Teamsters' bargaining unit employees for Fiscal Year 2013-14 and 2014-15. In the latter regard, the County's wage package of roughly $1 million for Fiscal Year 2013-14 and 2014-15 is as much as the Emergency Services Fund can sustain. The Fund cannot sustain the additional —$520,000 additional cost that would all be borne in the current fiscal year as well as future fiscal years. And, as to retroactivity, the County is not seeking to make any of the overtime cost -savings measures or leave reductions it has proposed retroactive; therefore, the pay increases should not be retroactive. Lastly, the County seeks to convert the existing step plan consisting of nine 5% steps to eighteen 2.5% steps. This will give the County the flexibility to provide a smaller step increase in those years where it cannot afford a 5% increase, and is consistent with what the County has with both the Teamsters and non-union County employees. Local 2201 appears to argue that its extra $520,000 in pay increases is warranted because its bargaining unit employees have not received any type of pay increase since Fiscal Year 2009-10. This argument is of no merit as the rest of the County's employees had not received any type of pay increases since Fiscal Year 2008-09. Thus, Local 2201 bargaining unit employees have had more favorable treatment than the rest of the County employees. This did not only extend to pay. While the Great Recession resulted in the County having to lay off employees and freeze positions, the bargaining unit employees were not subject to any layoffs or position freezes. Local 2201 also appears to argue that its extra —$520,000 in pay increases is warranted because Local 2201 bargaining unit employees are paid less than their counterparts in adjacent and nearby counties. There is no dispute that Martin County, Osceola County, and St. Lucie County, on the whole, have higher pay ranges, and when Kelly Days are considered, schedule their firefighters to work less hours than the County's firefighters. There is also no dispute that the County, on the whole, has higher pay ranges, and when Kelly Days are considered, schedules its firefighters to work less hours than Brevard County's firefighters. Thus, while the County is not the highest, it is certainly not the lowest. Moreover, from an administrative and budgeting standpoint, what employees in surrounding counties are being paid, standing alone, is not relevant. It is only when the disparity results in retention and recruitment issues that it becomes a 22 relevant concern. From January 1, 2012 to December 31, 2014, only 21 Local 2201 bargaining unit employees (few of whom were Solo Paramedics), or 3.3% per year over that period, voluntarily resigned (non -retirement) from employment. Even if every single one of these individuals went to work for a higher paying jurisdiction, which they did not, this is still a low turnover rate, especially considering that the turnover rate for the rest of the County is almost twice as high. That the Division is not experiencing a turnover problem is also evidenced by the fact that the average years of service for Local 2201 bargaining unit employees as of the date of this Memorandum is 13.6 years. Likewise, the County is not having any issues recruiting qualified candidates to fill Local 2201 bargaining unit vacancies. In fact, the County has a waiting list of applicants for these positions. Thus, as far as the County is concerned, there is no legitimate basis for spending the additional —$520,000 in wages that Local 2201 seeks, even if the Emergency Services Fund had the money available. Despite the issues raised above, the County continues to try to find ways to reach compromises with Local 2201. The Special Magistrate heard 2 days of testimony and considered well over a thousand pages of documents in making his recommendation. This included all of Local 2201's evidence regarding comparable entities and turnover. While Local 2201 refers to the Special Magistrate in derogatory terms (as they do anyone with whom they disagree) the fact remains that the Special Magistrate attempted to reach a reasonable resolution to the issue of wage increase. Given this, the County is modifying its proposal to incorporate the essence of the Special Magistrate's recommendation. Accordingly, I recommend that the BCC adopt the County's proposal on ¶34.02, attached hereto as Exhibit P, which provides the following: (A) FY 2013-14: no COLA or step increase; (b) FY 2014-15: a 3% COLA increase, a 5% step increase under the existing step plan, and a $1500 lump sum payment for topped -out employees (paid in $500 increments upon ratification, May 1, 2015 and July 1, 2015) effective on ratification of the CBA; and (c) FY 2015-16: a cost -of -living increase, if any, mutually agreed to by the County and Local 22014, and a 2.5% step increase under the County's proposed new step plan. 4 Local 2201 has raised the concern that the BCC cannot legally impose a provision whereby the bargaining unit employees receive the same cost -of -living increases, if any, provided to general non -bargaining unit employees under the County Administrator's purview. The County has modified its position to alleviate Local 2201's concern. 23 23 11. ARTICLE 37 — DURATION Issue: The only paragraph of this Article that remains in dispute is ¶37.01. More specifically, the only dispute between the parties is the expiration date of the CBA, September 30, 2015, or September 30, 2016. Special Magistrate's Recommendation: It is recommended that the CBA expire September 30, 2016, as proposed by the County. County Administrator's Recommendation: As of the parties' 13th bargaining session on April 16, 2014, the parties were both proposing a 3 -year CBA covering Fiscal Years 2013-14, 2014-15, and 2015-16, and expiring on September 30, 2016. [See Exhibit Q hereto; Local 2201 11/18/13 Proposal.] On May 23, 2014, on the eve of the declaration of impasse, Local 2201 changed its position on ¶37.01 to a 2 -year CBA covering Fiscal Years 2013- 14 and 2014-15 and expiring on September 30, 2015. Local 2201 has offered no rationale for its change in position. And, its change in position makes no sense. In this regard, if the CBA expired on September 30, 2015, the parties would have to begin negotiating a successor contract in mid - 2015, only a few months from now. In that case, the parties would not have the advantage of seeing how the changes in the new CBA worked in practice before having to renegotiate the CBA. Having the new CBA run until September 30, 2016 would give the parties the chance to fairly evaluate the new CBA, and makes much more sense. Accordingly, I recommend that the BCC adopt the County's proposal on ¶37.01, attached hereto as Exhibit R. 24 24 Exhibit A * * * * * * * * * * * * * * * * * * Special Master Recommendations Betweeen Indian River County (Fire District) SM 2014-025 And Indian River County Firefighter/Paramedic Association, Local 2201 * * * * * * * * * * * * * * * * * * Appearances and Dates For the Employer Jeffrey E. Mandel Fisher & Philips, LLP 200 South Orange Ave. Orlando, FL 32801 For the Union Matthew J. Mierzwa, Jr. Mierzwa & Associates 3900 Woodlake Blvd. Lake Worth, FL 33463 Dates of Hearing October 9 & 10, 2014 Post Hearing Briefs November 24,2014 Recommendation December 17, 2014 John J. Popular II Special Magistrate Indian Rocks Beach, FL 25 Exhibit A Background Pursuant to Florida Statute, Part II, Public Employees Section 447.403 a Special Magistrate hearing was held October 9 & 10, 2014 at the Indian River County court house concerning the impasse between Indian River County (hereinafter referred to as the "Employer") and Indian River County Firefighter/ Paramedic Association, Local 2201 (hereinafter referred to as the "Union"). Although the parties identified 15 collective bargaining agreement articles (hereinafter referred to as "CBA") in dispute (i.e., letters dated August 5 and August 29, 2014 from the respective parties), Articles 9 and 21 were withdrawn and agreement was reach on "Attachment A — Drug Free Workplace." Each party was provided a full and fair opportunity to present such evidence, testimony and documents as deemed necessary in support of their respective positions relative to a revised CBA. Post hearing briefs were filed November 24, 2014. Economic Perspective The economic recession experienced in Florida adversely impacted the tax base necessary to the financial support of public services. Reduced tax revenues, budget cuts, and "belt tightening" impacted public sector collective bargaining resulting in wage "freezes", two-tier wage/benefit economics, and steps to reduce the cost of employee benefits. Concession bargaining has been a fact of life. The issues now at impasse are a reflection of that history. Comparable wages and benefits among "comparable" communities are statutory benchmarks (i.e., Florida Statute 447.405) relative to the Special Magistrate process as one basis for evaluating the respective positions of 26 Exhibit A employers and unions in developing recommendations. In support of its proposals the Union cited "comps" with Brevard, Martin, Osceola, and St. Lucie County fire department salaries and benefits. It is also noted that the millage rate for FY 2013/14 at Indian River is 203 compared to a range between 250.82 265.98 for the four "comp" counties cited by the Union. The result is Tess comparable revenue underpinning the tax base to support public services. While "comps" remains a statutory benchmark, "ability to pay" has evolved as a compelling consideration in evaluating "impasse" positions in the Special Magistrate process. The Union agreed to wage freezes resulting in its members receiving no increases in their base rates between 2007 and the present. The Union also conceded to freezing "step" increases retroactive to 2010. The present "impasse" is a reflection of the Union's desire to catch up on wages (e.g., Articles 33 & 34) and management's determination to address a range of practices that contribute to driving up costs (e.g., Articles 17 & 18). Aside from money issues, the Special Magistrate is mindful that significant "control" issues kept the parties from reaching agreement (e.g., Article 16, use of "Kelly Days"; Article 17, "may" vs: "shall"; Article 33, solo incentive slots, etc). Relative to the matter of "comps", the Special Magistrate recognizes that there is a significant difference between the bargaining units represented by Teamsters Local 769 and the fire department employees under the Local 2201 CBA. Needless to say there are considerable disparities between skill levels, shift schedules, pay practices and their respective missions. Fire departments are quasi -military organizations. Although one might -2- 27 Exhibit A assume that reflects hard and fast procedures within a strict chain of command environment, it is the Special Magistrate's experience that all fire departments have their own "culture". That "culture" can be at odds with management's view of the most efficient and cost effective way to run the department. As such, that "culture" often resonates conflict relative to work schedules, use of leave, staffing manning assignments, management's rights and employee attitudes. Given this paradigm, the Special Master's recommendations are intended to reconcile these competing interests and attempt resolution of the Articles in dispute. Article 6, Union Activity The Union initiated a proposal October 9, 2014, for a 'Union bank" in order to cover the cost of Union business for its elected local union officers. This was advanced as a quid pro quo for agreement on Article 19, Shift Exchange. It is the Employer's position that the concept of a "Union bank" was not identified as an issue when the parties declared "impasse" on May 23, 2014. As such, the absence of the Union's proposal, prior to declaration of the impasse, should be excluded from the Special Magistrate process (i.e., City of Port Orange vs: IAFF, 37 FPER 99). Based on the enclosed notes, it appears the Employer indicated a willingness to consider doubling the amount of time off for 4 Union officers. It's up to the parties to explore that "trial balloon". The fact that Article 6 was not at issue when the impasse was declared, precludes the Special Master from making a recommendation relative to the merits of this issue. -3- 28 Exhibit A Article 14, Uniforms and Equipment Union Proposal, May 23, 2014 Article 14.01: Delete windbreakers, winter jackets and the words "deemed necessary by management". Article 14.02: Delete "as determined by management". Employer Position, April 16, 2014 Article 14.01: "The Employer will provide adequate uniforms and safety equipment as deemed necessary by management." Delete Article 14.03 relative to replacing bed linens on an annual basis. Recommendation: Adopt Employer's Proposal of April 16, 2014, with the exception of 14.03 (i.e., maintain replacement on annual basis). Status quo on balance of contract language. Article 15; Safety and Health Union Position, May 23, 2014 Article 15.01 Add new language "The County agrees to provide a safe and healthy working environment irrespective of Article 10.2 L (i.e.,"Establish, amend, revise and implement any program, policy, and/or procedure, provided that such am not contrary to applicable law.) The County agrees to comply with all applicable laws related to safety, health, sanitation and working conditions as may be required under all State, Federal and local laws." Article 15.04 Add new language "...and 29 CFR 1910.134 (OSHA standard for SCBA mask fitting test". On October 9, 2014, the parties agreed to revise Articles 15.03, 15.07 and 15.08. As such, the Employer had no issue with any language with the exception of the above. The Special Magistrate is at a Toss to understand the Employer's concerns about expanding an arbitrator's authority (i.e., pages 10 and 11 of post hearing brief. The last sentence of the Union's 15.01 proposal is redundant because the County must comply with local, state and federal law. -4- 29 Exhibit A Aside from time devoted to the conditions of Stations 1,7,10 and 11, during the hearing, the matter of "mask fitting", was the only thing new relative to Article 15. Recommendation Adopt status quo language with addition of Union's Article 15.04 proposal. Article 16, Hours Employer Proposal Article 16.02 Add "Kelly Days shall not be scheduled on County recognized holidays. Employees on Tight duty shall not be permitted to reschedule their Kelly days except when it falls on Saturday or Sunday in which case it will be taken on the next scheduled work day." In the Employer's view, the second sentence has significance. It is predicated on the assumption that employees designated for "light duty" will be placed on a 37.5 hour shift doing administrative work. As such, the advance designation of a "Kelly Day" by a light duty employee must be taken to avoid "banking" the day into the future when they return to 24 hour shift status. Recommendation: Revise language of Article 16.02 as follows: "Employees on light duty, while assigned to an administrative shift (i.e., 37.5 hours, Monday - Friday), shall not be permitted to reschedule their Kelly Days except when it falls on Saturday or Sunday, in which case it will be taken on the next scheduled work day." Article 17, Staffing Union Position Article 17.02 New language "The County will allow eight (8) employees off on approved leave per shift...." The parties agreed to increase the number from 6 to 8 people for approved time off. The issue is whether the word "may" or "will" governs allowing time off for approved leave. The Employer's concern is maintaining the right to deny time -5- 30 Exhibit A off if hurricane conditions exist or mandatory specialized training is scheduled for that same time period. Recommendation: Change Article 17.02 to read. "The County will allow eight (8) employees off on approved leave per shift. Such approved leave may be denied and/or rescheduled due to (1) mandatory specialized training scheduled to be held during that time or (2) if hurricane conditions are eminent." Article 18, Vacancies and Promotions Rather than address the respective positions of the parties on a "piecemeal" basis, the Special Master views 18.03 as the linchpin of the parties opposing positions. If indeed, employees are "gaming" the system in order to perpetuate overtime as an alternative means to fill vacant position assignments, the Employer's initial proposal to "...have sole discretion to appoint an employee who is not on the promotional list, hire from the outside or utilize per diem employees in the event there are fewer than 3 employees on the promotional list" may be a harsh alternative, but understandable. Exhibit D reflects the trend of a declining number of eligible employees willing to be tested between FY 2012- 2014. The result is the necessity for overtime assignments to fill those vacancies. During the hearing, Employer offered to delete "per diem" employees from its proposal. If "hiring from the outside" is also deleted, "sole discretion to appoint a qualified employee who is not on the promotional list" is a reasonable solution. Recommendation: Article 18.03, delete "per diem employees" and "hiring from the outside." Adopt "Sole discretion to appoint a qualified employee who is not on the promotional list" as language added to the last sentence of this article . Recommendation: 18.02, 18.04, 18.05 and 18.08 Status quo. The parties shall abide by the terms of the Letter of Agreement dated April 23, 2012. -6- 31 Exhibit A Article 19, Shift Exchanges Recommendation: Article 19.01 Adopt Union proposal with the change "up to a maximum of 12 full shifts and 6 partial shifts per fiscal year." Recommendation: Articles 19.02, 19.03, 19.04 as proposed by the Employer. and delete 19.05. Article 26, Medical Leave and Disability Leave Between the parties, there were 20 proposals for change at impasse. No doubt the Employer's goal is to bring Article 26 in alignment with other County employees and tighten loose practices. Given the multiple proposals relative to eligibility and/or time limits on physician verification of illness, the parties might better be served to consider a "reopener" on this subject in the last year of the CBA. Recommendations for resolution are be made without comment. Recommendations Article 26.01C. "Eligibility": Accept last sentence of Employer's proposal deleting "or partial shift". New sentence to read: "For shift employees, each shift that the employee is absent shall be an 'occurrence-. Article 26.03 Delete "Additional Medical Leave" as per Employer explanation. Re -numbered Article 26.03 B."Accrual" Accept Union proposal Article 26.05 "Request for Leave" B, C, D Accept Employer proposal Article 26.06 "Charging Leave". A,B, and C Accept Employer proposal Article 26.06 B and C Status quo Article 26.09 "Medical Leave Payment Upon Separation From Service" Status quo Article 28, Annual Leave Recommendation: Status quo with exception of Article 28.03, Adopt Employer -7- 32 Exhibit A second sentence proposed for Article 28.03 i.e.,"Employees hired on or after 10/1/2013 will be eligible to receive payment for accrued annual leave up to 500 hours, or the maximum hours allowed by the Florida Division of Retirement at the time, whichever is less, in total." Article 31, Overtime The Union proposed new language for 31.02 (A) that pre -arranged overtime shall be filled by employees with the lowest hours. The present practice is to hold over employees beyond their off going shift. In effect, the burden shifts to the Captain on duty to contact employees on the overtime rotation list for such overtime. There is no requirement that overtime be equalized between the three shifts (i.e., 6,162, 5791,4,731 hours). In order to minimize the burden of multiple attempts to contact employees to work pre -arranged overtime, a compromise is advanced that limits the Captains's requirement to attempt contact of "up to three" employees with the lowest hours in that classification". Recommendation: Article 31.01, Status quo Recommendation: Article 31.02(A) "Prearranged overtime shall be offered to employees with the lowest hours of that classification. The Captain shall attempt contact with up to three employees with the lowest hours in that classification. If unable to contact and/or secure consent to accept assignment to prearranged overtime hours, the Captain may hold over other qualified employees". Article 33, Incentive Pay Union Proposals Article 33.06: Increase pay increase from $60.00 to $120.00 for Paramedics assigned to duties of EMS Coordinator or Training Officer. Article 33.07: Increase pay increase from $60.00 to $120.00 for Four FTOs. Article 33.10: "The county will fund "and the Fire Chief will fill 86 Solo incentive slots for FY 2013/2014. Effective FY 2014/15, any Fire -Medic who passes the -8- 33 Exhibit A protocol test will be allowed to function as a solo medic and eligible for the solo incentive." The Employer committed to filling all 86 Solo incentive slots (i.e.,Post hearing brief page 32), however, objects to the Union's Article 33.10 proposed language requiring "...any Fire -Medic who passes the protocol test will ... eligible for the solo incentive". Aside from the $200,000 price tag placed on that incentive the Employer states "...the reality is that not every protacolled paramedic has the skill set and experience to serve in that capacity...the Division does not need that many leads ---there are only 20 pieces of apparatus that presently require lead paramedics." (pages 31-33, Post Hearing brief). Recommendation: Status quo Article 34, Salaries and Article37, Duration In view of the 2014 holiday period, it is anticipated that County action and/or Union ratification on "impasse" recommendations will not occur until 2015. As such the effective date of salary and benefit increases will likely take effect in January 2015. "Salaries" and "Duration" have been combined to facilitate implementation of "Recommendations" relative to COLA increases, step increases and effective dates. Given the lengthy history of a 7 year "wage freeze" and volume of "impasse" issues, it is recommended that the collective bargaining agreement expire September 30, 2017. Recommendations Article 34, Salaries Wage and step increases effective upon Union ratification and County approval through September 30, 2015. -9- 34 Exhibit A (1) 3% COLA salary increase to all employees (2) Maintain status quo of 9 step level and 5% wage increase for all employees eligible for step increases on their anniversary date. (3) Adopt Union 34.02 "C", providing employees who did not receive step/pay level increases a payment of $1500, with the proviso this sum be paid in three $500 increments due (1) upon ratification/ approval in January 2015,(2) April 1, 2015 and (3) July 1, 2015. Effective October 1, 2015 through September 30, 2017 (1) For Fiscal years 2015-16 and 2016-17, "...bargaining unit employees shall receive the same cost -of -living increases, if any, provided to general non -bargaining unit employees under the County Administrator's purview." (2) Adopt Employer 34.02 (8) with revised CBA language reading "fiscal year 2015-16, as shown in Attachment C" a 2.5% increase effective the first full pay periods of April 1, 2016 and April 1, 2017, employees will proceed to the next step of their respective pay scale." Recommendation: Article 37, Contract Duration: Expiration September 30,2017 lar I , Special Magistrate Decemb- 7, 2014 35 Exhibit B Mandel, Jeffrey From: Mandel, Jeffrey Sent: Monday, January 5, 2015 9:35 AM To: 'jpp111934@aol.com' Cc: Joi Gibson; 'mmierzwa@mierzwalaw.com' Subject: RE: Indian River County and Local 2201 Point well taken. Thank you. Jeffrey E. Mandel Attorney at Law jmandel@Iaborlawyers.com O: (407) 541-0850 I F: (407) 541-0887 200 South Orange Avenue Suite 1100 I Orlando, FL 32801 FISHER & PHILLIPS ur vCard I Bio Website Representing employers nationally in labor and employment matters Atlanta I Baltimore I Boston I Charlotte 1 Chicago I Cleveland I Columbia 1 Columbus I Dallas I Denver I Fort Lauderdale I Gulfport Houston I Irvine I Kansas City I Las Vegas I Los Angeles I Louisville I Memphis I New England I New Jersey I New Orleans Orlando I Philadelphia I Phoenix I Portland I San Antonio I San Diego I San Francisco I Tampa I Washington, DC This message originates from the law firm of Fisher & Phillips LLP and may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient and have received this message in error, please notify us at postmaster ((�IabpNawvers,com and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. From: ipp111934@aol.com [mailto:ipp111934@aol.com] Sent: Saturday, January 3, 2015 9:08 PM To: Mandel, Jeffrey Subject: Re: Indian River County and Local 2201 Jeff I am at a loss to understand the issue re 26.07(C). You stated the Union's revised language of the Union's proposal on 26.07(C) is the same as your proposal Article 26.07.A "Returning from Medical Leave". If so, it appears you have agreement. Obviously I had a "typo" error on page 7 of my recommendation, citing 26.06 twice. As long as you and the Union are on the same page relative to retum to work, my intent was to adopt your proposal. John J. Popular Original Message From: Mandel, Jeffrey <imandelAlaborlawyers.com> To: jpp111934 <jpp11193402aol.com> Cc: Matthew Mierzwa <joibson(dlmierzwalaw.com> Sent: Fri, Jan 2, 2015 10:56 am Subject: RE: Indian River County and Local 2201 So sorry to bother you again. Just one other point of clarification. In its renumbered 26.07, the County proposed that employees on medical leave for 21 calendar days or more must provide medical certification that they are fit for duty at least 24 hours prior to reporting for work. The Union proposed the same language in their new paragraph C of the "Charging Leave" section. You recommended in favor of the County's "Charging Leave" section, thereby 1 36 Exhibit B implicitly recommending against the Union's new paragraph C of the "Charging Leave" section. However, you did not render a recommendation for or against the County's proposed renumbered 26.07. Could you please clarify what you are recommending with respect to the proposal that, "Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty 24 hours prior to reporting for work." Thank you. Jeffrey E. Mandel Attorney at Law jmandel@laborlawyers.com<mailto:jmandel@laborlawyers.com> F: (407) 541-0887 200 South Orange Avenue I Suite 1100 I Orlando, FL 32801 [Fisher & Phillips LLP] 0: (407) 541-0850 I vCard<http://www.laborlawyers.com/getvcard.aspx?id=9857> I Bio<http://www.laborlawyers.com/jmandel> I Website<http://www.laborlawyers.com> Representing employers nationally in labor and employment matters Atlanta I Baltimore I Boston I Charlotte I Chicago I Cleveland I Columbia I Columbus I Dallas I Denver I Fort Lauderdale I Gulfport Houston I Irvine I Kansas City I Las Vegas I Los Angeles I Louisville I Memphis I New England I New Jersey I New Orleans Orlando I Philadelphia I Phoenix I Portland I San Antonio I San Diego I San Francisco I Tampa I Washington, DC This message originates from the law firm of Fisher & Phillips LLP and may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient and have received this message in error, please notify us at postmaster@laborlawyers.com<mailto:postmaster@laborlawyers.com> and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. From: jpp111934@aol.com [mailto:jpp111934®aol.com] Sent: Friday, December 26, 2014 5:21 PM To: Mandel, Jeffrey Subject: Re: Indian River County and Local 2201 Jeff: 18.03 was intended to read "The Emergency Services Director or his designee shall have sole discretion to appoint a qualified employee who is not on the promotional list in the event there is fewer than three employees on the promotional list." 26.01 was intended to delete the work "partial shift". 26.06 B&C "Status Quo" was my mistake and should be deleted from the text of my recommendation. 26.06 A,B&C is correct "Accept Employer proposal. Hope this clarifies the Recommendation. John J. Popular 2 Original Message Exhibit B From: Mandel, Jeffrey <jmandel@laborlawyers.com<mailto:jmandel@laborlawyers.com » To: jpp111934<jpp111934@aol.com<mailto:jpp111934@aol.com» Cc: Matthew Mierzwa <jgibson@mierzwalaw.com<mailto:jgibson@mierzwalaw.com » Sent: Wed, Dec 24, 2014 3:32 pm Subject: Indian River County and Local 2201 Mr. Popular, Thank you for forwarding us your Recommendations in this matter. So that the parties can fairly consider them, I have a couple of requests for clarification. First, on p.6, in the Article 18 discussion, you have a recommendation relating to Article 18.03. As you may recall, both parties had a new proposed Article 18.02, and both had renumbered the existing Article 18.02, which starts with "The Promotion Board shall be composed of...," as the new Article 18.03. Are you recommending that the new language be added to the existing 18.02/newly numbered 18.03? Secondly, with respect to that recommendation, it appears that you are adopting language taken from the last sentence of the Employer's proposed newly numbered 18.03, which begins, "The Emergency Services Director or his designee...." Are you recommending the adoption of that whole proposed sentence with the exclusion of "per diem employees" and "hiring from the outside," or just the phrase "Sole discretion to appoint a qualified employee who is not on the promotional list"? If it is the latter, I am trying to figure out where that phrase would go. Second, on p.7, in your recommendation regarding Article 26, you have a recommendation as to Article 26.06 "Charging Leave," including paragraphs A, B, and C. In the next line, you have another recommendation for Article 26.06 B and C. Is there a typo in the recommendation, and if so, how should it read? Also, there is no recommendation as to the Employers proposed new Article 26.07, which is the same as the Union's proposed Article 26.07 C. Was that intentional? I know that all of the proposed renumbering has complicated matters in this case, and I thank you in advance for clarifying the foregoing. Happy Holidays, Jeff. Jeffrey E. Mandel Attorney at Law jmandel@laborlawyers.com<mailto:jmandel@laborlawyers.com> I 0: (407) 541-0850 F: (407) 541-0887 200 South Orange Avenue I Suite 1100 I Orlando, FL 32801 [Fisher & Phillips LLP] vCard<http://www.laborlawyers.com/getvcard.aspx?id=9857> Bio<http://www.laborlawyers.com/jmandel> I Website<http://www.laborlawyers.com> Representing employers nationally in labor and employment matters Atlanta I Baltimore I Boston I Charlotte I Chicago I Cleveland ( Columbia Columbus I Dallas I Denver I Fort Lauderdale I Gulfport Houston I Irvine I Kansas City I Las Vegas I Los Angeles I Louisville I Memphis 3 38 Exhibit B 1 New England 1 New Jersey f New Orleans Orlando 1 Philadelphia 1 Phoenix 1 Portland 1 San Antonio 1 San Diego I San Francisco 1 Tampa 1 Washington, DC This message originates from the law firm of Fisher & Phillips LLP and may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient and have received this message in error, please notify us at postmaster®laborlawyers.com<mailto:postmaster@laborlawyers.com> and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. 4 39 Exhibit B Mandel, Jeffrey From: Mandel, Jeffrey Sent: Monday, January 5, 2015 9:36 AM To: 'jpp111934@aol.com' Cc:'mmierzwa@mierzwalaw.com'; Joi Gibson Subject: RE: Indian River County and Local 2201 Thank you. Jeffrey E. Mandel Attorney at Law jmandel©Iaborlawyers.com 10: (407) 541-0850 I F: (407) 541-0887 200 South Orange Avenue 1 Suite 1100 1 Orlando, FL 32801 FISHER & PHILLIPS u. vCa)dI. Bio (• Website Representing employers nationally in labor and employment matters Atlantal Baltimore 1 Boston l Charlotte I Chicago I Cleveland I Columbia 1 Columbus 1 Dallas I Denver 1 Fort Lauderdale 1 Gulfport Houston l Irvine 1 Kansas City 1 Las Vegas 1 Los Angeles I Louisville 1 Memphis 1 New England 1 New Jersey I New Orleans Orlando 1 Philadelphia 1 Phoenix I Portland 1 San Antonio 1 San Diego 1 San Francisco I Tampa l Washington, DC This message originates from the law firm of Fisher & Phillips LLP and may contain legally privileged and confidential information intended solely for the use of the addressee. If you are not the intended recipient and have received this message in error, please notify us at postmasterfallaborlawvers.com and please delete this message from your system. Any unauthorized reading, distribution, copying, or other use of this message or its attachments is strictly prohibited. From: jpp111934@aol.com jmailto:jpp111934@aol.com] Sent: Saturday, January 3, 2015 8:42 PM To: Mandel, Jeffrey Subject: Re: Indian River County and Local 2201 Jeff My recollection is that the Union proposed a 2 year contract and management wanted 3 years. I also recall that management was opposed to retroactivity, therefore I attempted to deal with the reality of a prospective contract effective 2015. Given this scenario (i.e., no retroactivity), for all practical purposes the parties lost a year (Oct 2013 -Sept 2014), The reality is that January xx 2015 -September 2017 is less than a 3 year contract which squares with Florida law. In effect contract duration was an issue that was addressed by my recommendation for a contract. If it is the mutual opinion of both parties that Florida law would mandate an effective date of October 1,2013 then September 30, 2016 should be deemed the expiration date. If so page 10 of the recommendation should be revised to read: "Effective October 1,2015 through September 30, 2016: (1) For Fiscal year 2015-16 "...bargaining unit employees shall receive the same cost of living increases, if any, provided to general non -bargaining unit employees under the County Administrator's purview" (2) Adopt Employer 3402 (B) with revised CBA language reading "fiscal year 2015-16, as shown in Attachment C, a 2.5% increase effective the first full pay period of April 1, 2016". It's my opinion the parties retain the option to use "Recommendations" as a baseline to explore areas of mutual agreement and tailor the labor agreement accordingly. FYI e-mail address is jpp111934aaol.com John J. Popular 1 40 Exhibit B Original Message ---- From: Mandel, Jeffrey <imandel a.laborlawyers.com> To: Melissa Sandoval <msandoval(a)mierzwalaw.com>; jpp111934 <jpp111934(caol.com> Cc: Joi Gibson <jaibson c(�.mierzwalaw.com>; Matthew J. Mierzwa, Jr, <mmierzwaamierzwalaw.com>; Byers, Angela <abyers(cDlaborlawvers.com> Sent: Sat, Jan 3, 2015 12:26 pm Subject: RE: Indian River County and Local 2201 Resending as Mr. Popular's email address was not correct in the emails below. From: Mandel, Jeffrey Sent: Saturday, January 03, 2015 12:21 PM To: Melissa Sandoval; jp111934@aol.com Cc: Joi Gibson; Matthew J. Mierzwa, Jr,; Byers, Angela Subject: RE: Indian River County and Local 2201 Mr. Popular, The start date of the Agreement was not an issue presented to the Special Magistrate for resolution, only the end date was presented for resolution. In this regard, as reflected in Mr. Mierzwa's correspondence, both parties proposed to the Special Magistrate in Article 37 a start date of October 1, 2013. The County objects to the Special Magistrate issuing a recommendation on an issue that was not in dispute. The only areas where an issue existed with respect to the effective dates were the proposed monetary increases and the leave accruals/payouts. The Special Magistrate issued recommendations that resolve those issues, such as recommending that the wage increases be prospective only. The County objects to the Special Magistrate revisiting those recommendations (even though the Special Magistrate recommended against the County on some of them, such as the leave accruals). Regarding the end date of the Agreement, the Union is correct that under the Florida Public Employee Relations Act, a collective bargaining agreement cannot exceed 3 years in duration. As such, the latest end date for the Agreement under Florida law is September 30, 2016 (the end of FY 2015-2016). The County has no objection to the Special Magistrate revising his,recommendation regarding the Agreement's end date, which would also control the fiscal years covered under the wage article (currently the Special Magistrate has a recommendation for the 4th year of the contract - FY 16-17). Thank you for your attention to this matter. Jeff Mandel. From: Melissa Sandoval [msandoval@mierzwalaw.com] Sent: Friday, January 02, 2015 4:34 PM To: jp111934@aol.com Cc: Mandel, Jeffrey; Joi Gibson; Matthew J. Mierzwa, Jr, Subject: Indian River County and Local 2201 NOTICE: This email is privileged, confidential, protected, and intended for the 2 41 Exhibit B use of the individual to whom it is addressed. If you are not the intended recipient or the agent responsible for delivery to the intended agent, be advised that you have received this email in error and that any use, dissemination, reading, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender and delete this email from your system. Thank you. Re: PERC Case No.: SM -2014-025 Indian River County Firefighter/Paramedic Association, IAFF, Local 2201 2013 Contract Negotiations - Post -Special Magistrate Hearing File No.: 122201.2130 John. J. Popular, II, Arbitrator Indian Rocks Beach, FL 33785-2739 Dear Special Magistrate Popular: Attached please find correspondence from Matthew J. Mierzwa, Jr. in connection with the above -styled case. Thank you. Sincerely, Melissa Sandoval Legal Assistant Mierzwa & Associates, P.A. 3900 Woodlake Blvd., Suite 212 Lake Worth, FL 33463 Tel: (561) 966-1200 Fax: (561) 966-1231 www.mierzwalaw.com reply to: msandoval@mierzwalaw.com 3 42 Exhibit B Mandel, Jeffrey From: ippl 11934@aol.com<mailto:ippl 11934@aol.com> [mailto:ippl 11934@aol.com] Sent: Monday, January 05, 2015 5:11 PM To: Melissa Sandoval Subject: Re: Indian River County and Local 2201 Matt Indeed "Duration" was an issue (Union 2 yrs; Mgt 3 years). Mr, Mandel called attention to a PERC statute which restricts contract duration to 3 years. Since my "Recommendation" was not "prospective", I deemed the starting point to be January 2015 with an expiration date of September 30, 2017. Based on Mr. Mandel's email, it appears he was using the former CBA date of October 2013 as the starting point. Result: My 2017 expiration date exceeded 3 years therefore violated the PERC 3 year cap. Based on the premise that his version the 3 year cap required a 2016 expiration date, my response to him was to modify the recommendation to a September 30,2016 expiration date. John J. Popular Original Message From: Melissa Sandoval<msandoval@mierzwalaw.com<mailto:msandoval a,mierzwalaw.com» To: jpp 111934 <ipp 111934Qaol.com<mailto: ipp 111934@aol.com» Cc: jmandel<jlnandel@laborlawyers.com<mailto:imandel cr,laborlawyers.com»; Matthew J. Mierzwa, Jr, <mmierzwa@mierzwalaw.com<mailto:mmierzwa@mierzwalaw.com»; abyers <abyers(a),laborlawyers.com<mailto:abyers@laborlawyers.com»; Joi Gibson ibon mierzwalaw.com<mailto jgibson « ierzwalaw.com» Sent: Mon, Jan 5, 2015 12:01 pm Subject: Indian River County and Local 2201 NOTICE: This email is privileged, confidential, protected, and intended for the use of the individual to whom it is addressed. If you are not the intended recipient or the agent responsible for delivery to the intended agent, be advised that you have received this email in error and that any use, dissemination, reading, forwarding, printing, or copying of this email is strictly prohibited. If you have received this email in error, please notify the sender and delete this email from your system. Thank you. Re: PERC Case No.: SM -2014-025 Indian River County Firefighter/Paramedic Association, IAFF, Local 2201 2013 Contract Negotiations — Post -Special Magistrate Hearing File No.: 122201.2130 John. J. Popular, II, Arbitrator Indian Rocks Beach, FL 33785-2739 Dear Special Magistrate Popular: As you know, this firm represents the Indian River County Firefighter/Paramedic Association, International Association of Fire Fighters, Local 2201. 1 43 Exhibit B This is in response to an e-mail sent to you on Saturday, January 3, 2015, by Jeffrey Mandel. Contrary to the assertions made by Jeffrey Mandel, Article 37 — Duration was at impasse. This is clearly established by communications from Jeffrey Mandel. Sincerely, Matthew J. Mierzwa, Jr. Attorney at Law MIERZWA & ASSOCIATES, P.A. 3900 Woodlake Boulevard Suite 212 Lake Worth, Florida 33463-3010 Telephone: (561) 966-1200 Facsimile: (561) 966-1231 e-mail: mmierzwa@mierzwalaw.com<mailto:mmierzwa@mierzwalaw.com> MJM/ms 2 44 Exhibit C STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, Employer, and Case No. SM -2014-025 INDIAN RIVER COUNTY FIREFIGHTER/ PARAMEDIC ASSOCIATION, LOCAL 2201, Union. EMPLOYER'S NOTICE OF PARTIAL REJECTION OF SPECIAL MAGISTRATE'S RECOMMENDATION The Employer, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (hereafter the "County"), by and through its counsel, FISHER & PHILLIPS LLP, pursuant to Section 447.403(3), Florida Statutes, hereby files its Notice of Partial Rejection of Special Magistrate's Recommendations, as follows. 1. ARTICLE 17 —STAFFING — The County hereby rejects the recommendation rendered by the Special Magistrate as to Article 17 in its entirety as it fails to adequately address the County's concerns and is not in the best interest of the public. 2. ARTICLE 18 — VACANCIES AND PROMOTIONS — The County hereby rejects the recommendation rendered by the Special Magistrate as to Article 18 in its entirety as it fails to adequately address the County's concerns and is not in the best interest of the public. 3. ARTICLE 19 — SHIFT EXCHANGE — The County hereby rejects the recommendations rendered by the Special Magistrate as to Article 19.01 and 19.05 as they fail to adequately address the County's concerns and are not in the best interest of the public. FPDOCS 30351350.1 45 Exhibit C 4. ARTICLE 26 — MEDICAL LEAVE AND DISABILITY — The County hereby rejects the recommendations rendered by the Special Magistrate as to Article 26.01.C, 26.04, and 26.09 as they fail to adequately address the County's concerns and are not in the best interest of the public. 5. ARTICLE 28 — ANNUAL LEAVE — The County hereby rejects the recommendation rendered by the Special Magistrate as to Article 28 in its entirety as it fails to adequately address the County's concerns and is not in the best interest of the public. 6. ARTICLE 34 WAGES — The County hereby rejects the recommendation rendered by the Special Magistrate as to Article 34 in its entirety due to the confusion over the Fiscal Years being addressed by the Special Magistrate. c fg 06 b5( Jeffrey E.' Mandel Florida Bar No.: 613126 Email: jmandel@laborlawyers.com FISHER & PHILLIPS, LLP 200 South Orange Avenue, Suite 1100 Orlando, FL 32801 Phone: (407) 541-0888 Fax: (407) 541-0887 Counsel for Employer CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this document has been furnished via electronic and U.S. Mail to Counsel for the Union, Matthew J. Mierzwa, Jr., Esquire, �Mi Mierzwa & Associates, P.A., 3900 Woodlake Boulevard, Suite 212, Lake Worth, FL 33463 this Wday of January, 2015. 2 FPDOCS 30351350.1 Jeffrey Mandel 46 LAW OFFICES MIERZWA & ASSOCIATES, P.A. MATTHEW I- MIERZWA, IR. MARK W. FLOYD RICHARD 1. OTZEL IACQUELINE L. SPENCE January 26, 2015 VIA EMAIL AND FACSIMILE ONLY Mike Hogan, Chairman Public Employees Relations Commission 4708 Capital Circle NW, Suite 300 Tallahassee, FL 32303 Dear Chairman Hogan: Exhibit D 390)) WOOOLAKE BOULEVARD SUITE 212 LAKE WORTH, FLORIDA 33463 TELEPHONE: (5611966-1200 FACSIMILE: (5611966-1231 Re: PERC Case No.: SM 2014-025 Indian River County Firefighter/Paramedic Association, IAFF, Local 2201 2013 Contract Negotiations - Post Special Magistrate Hearing File No.: 122201.2130 This firm represents the Indian River County Firefighter/Paramedic Association, International Association of Fire Fighters, Local 2201 (Local 2201 or Union). On May 30, 2014, the County declared an impasse in negotiations. The parties selected John Popular as their special magistrate. On October 9 and 10, 2014, hearings were held over a two-day period during which dozens of exhibits consisting of hundreds of pages were presented with respect to thirteen articles at impasse including more than two dozen sub -issues. On November 24, post - hearing briefs were filed. On December 19, the parties received from John Popular what he called his Special Master Recommendations. On December 26, 2014; January 5, 2015; and January 5, 2015; Magistrate Popular issued "clarifications" of his prior Recommendations. On each occasion, the clarification was sent ex parte to opposing counsel. Because Magistrate Popular communicated ex parte with opposing counsel, the undersigned did not receive the last "clarification" until January 5, 2015. Because of the "clarifications" issued by Magistrate Popular, it is difficult to determine whether the date of receipt of the Recommended Decision should be December 19, 2014, or January 5, 2015. The parties agreed that the date of receipt of the Recommendations would be January 5, 2015, making the date for rejections Monday, January 26, 2015. 1. Article 6 - Union Activity: Local 2201 rejects the recommendation that this article "was not at issue when the impasse was declared, ... " Prior to the hearing, on August 5, 2014, the 47 Exhibit D Mike Hogan, Chairman January 26, 2015 Page 2 County identified Article 6 - Union Activity as an article at impasse. Local 2201 identified Article 6 - Union Activity as an article at impasse. Therefore, both parties identified Article 6 - Union Activity as an article at impasse, but the Special Magistrate refused to issue a recommendation. Article 14 - Uniforms and Equipment: 2. Article 14.01: Local 2201 rejects the recommendation adopting the County's proposal. It is simply wrong to delete the requirement that the County allot sufficient funds for uniforms and the requirement that the employer provide protective clothing and devices. The latter requirement should be subject to review. 3. Article 14.02: Local 2201 rejects the recommendation that management be allowed to unilaterally determine when uniforms and protective clothing are lost, worn, or damaged. In light of prior conduct by the County, these decisions should be subject to review. 4. Article 15 - Safety and Health: Local 2201 rejects the Special Magistrate's recommendation rejecting the obligation of the County to provide a safe and healthy working environment and to comply with applicable laws relating to safety, health, sanitation, and working conditions. In light of evidence presented and apparently ignored by the Special Magistrate, the new language in Article 15.01 is necessary. 5. Article 18 - Vacancies and Promotions: Insofar as the Special Magistrate recommended the deletion of existing language in (new) Section 18.03, that recommendation is rejected. Furthermore, Local 2201 rejects the sentence that the Special Magistrate proposed to add to (new) Section 18.03. This would change practices that have existed more than two decades and allow the County to promote employees not on the promotional list who have failed to take the promotional test or failed the promotional test. 6. Article 19 - Shift Exchange: Local 2201 rejects the Special Magistrate's recommendation to adopt the employer proposals with respect to Section 19.02, Section 19.03, and Section 19.04. First, the Special Magistrate provided no justification for any of his recommendations. Second, the Special Magistrate ignored the evidence of comparability submitted by Local 2201. Finally, the Special Magistrate ignored the undisputed facts that shift employees work an average of 56 hours per week which might break down to 48 hours or 72 hours in any given week. If overtime is worked, shift employees might work 72 hours or 96 hours in a single week. Shift exchanges are necessary for bargaining unit employees to have some life outside of the work place relaxing, engaging in family activities, or engaging in personal activities such as continuing education. Article 26 - Medical Leave and Disability Leave: 7. Article 26.03: Local 2201 rejects the Special Magistrate's recommendation to delete "Additional Medical Leave," as there should be some discretion to extend medical leave in 48 Exhibit D Mike Hogan, Chairman January 26, 2015 Page 3 deserving cases. 8. (New) Article 26.05: Local 2201 rejects the Special Magistrate's recommendation with respect to the addition of various restrictions on employees who request leave. First, other than the County falsely accusing a particular employee of being a "sick leave abuser," the County submitted no evidence in support of its proposal. Second, items in the County's proposal make no sense such as requiring an employee to schedule treatment by a doctor 72 hours in advance. Finally, the Special Magistrate provided no justification for his recommendation. 9. (New) Article 26.06: Local 2201 rejects the Special Magistrate's recommendations with respect to charging leave as identified in (new) Section 26.06(A), (B), and (C). Again, the employer provided no evidence in support of its proposal and the Special Magistrate provided no explanation for his recommendations. 10. Article 28 - Annual Leave: Local 2201 rejects the Special Magistrate's recommendation to add a sentence to Section 28.03 as the employer provided no justification; the Special Magistrate provided no explanation; and both the County and the Special Magistrate ignored concrete evidence on comparisons. 11. Article 33 - Incentive Pay: Local 2201 rejects the Special Magistrate's recommendation with respect to Section 33.10 which would require the Fire Chief to fill solo paramedic slots which the County funded and which allow protocoled medics to obtain solo medic status. Filling funded solo paramedic slots and allowing protocoled paramedics to obtain solo paramedic status is supported by comparables, the interest and welfare of the public, the peculiarities of employment, and the availability of funds. 12. Article 34 - Salaries: It is not clear that the Special Magistrate had any idea what he was doing. He initially made recommendations covering four fiscal years. That statement provides at least one basis for the rejections identified below. First, Local 2201 accepts the Special Magistrate's recommendations with respect to the three percent COLA increase; the maintenance of the status quo of a nine -step level and five percent wage increase for all employees eligible; and lump sums payments to employees who do not receive the step level increases. However, Local 2201 rejects the recommended effective date of Union ratification and County approval. As cause, Local 2201 would note that the Special Magistrate ignored substantial evidence with respect to comparisons; the interest and welfare ofthe public; the peculiarities of employment; and the availability funds. Furthermore, as noted above, the Special Magistrate apparently did not even understand that the first year at impasse was fiscal year October 2013 through September 2014. Second, Local 2201 rejects the Special Magistrate's recommendations with respect to Article 34 - Salaries for fiscal years 2015-2016 and 2016-2017 which were later changed to recommendations for fiscal years 2014-2015 and 2015-2016. As cause, Local 2201 would 49 Exhibit D Mike Hogan, Chairman January 26, 2015 Page 4 state that the Special Magistrate was apparently making recommendations covering four fiscal years which would violate Chapter 447, Part 11, Florida Statutes; are probably illegal insofar as the Special Magistrate recommending "me -too" provisions; the Special Magistrate provided no justification whatsoever; and the Special Magistrate ignored substantial evidence with respect to comparisons, peculiarities of employment, and availability of funds. 13. Article 37 - Duration and Renewal: Local 2201 rejects the Special Magistrate's "recommendation" with respect to duration. First. initially, the Special Magistrate made a recommendation which would cover four fiscal years. When that was brought to his attention, he responded by stating that the contract he recommended had an effective date of January 2015 through September 2017, which meant that there was no recommendation with respect to the first year subject to negotiations (October 2013 through September 2014). Second, it is apparent that the Special Magistrate did not even know what was the first fiscal year subject to negotiations and/or did not know that Florida law prohibits a four-year agreement. On the issue of duration, the Special Magistrate did not issue a competent recommendation. By: MJM:jg Respectfully submitted, Matthew J. Mierzwa, Jr. MIERZWA & ASSOCIATES, P.A. Attorneys for Local 2201 3900 Woodlake Blvd., Suite 212 Lake Worth, FL 33463 561-966-1200 561-966-1231 (facsimile) Mmie zwa c?imierzwalaw.com thew J. Mierzwa, Jr. c John O'Connor, President, Local 2201 (via email only) Kevin Delashmutt, Vice President, Local 2201 (via email only) Richard Ridge, Vice President, Leg. Affairs, Local 2201 (via email only) Bruce Anderson, Secretary -Treasurer, Local 2201 (via email only) Jeffrey E. Mandel, Esquire (via email only) 50 Exhibit E Union Proposal 5-23-14 ARTICLE 6 UNION ACTIVITY 6.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non -membership, participation, or non -participation in any Union or organization. 6.02 The Union President or Secretary, or alternate. shall be allowed up to three (3) weeks time off to attend a union seminar, conference or convention. The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. 6.03 The Fair Chairman shall be allowed up to fourteen (14) calendar days off during the Fire Fighters' County Fair. Such time off shall be authorized at the discretion of the Emergency Services Director The time off shall be without pay and shall be considered leave of absence unless a standby arrangement has been provided. Such leave will be considered as time worked for the purpose of seniority accrual and other fringe benefits. 6.04 Up to three (3) members of the Union's Negotiations Team shall be allowed time off with pay, but without overtime, for all scheduled bargaining meetings between the Union and the Employer. The Union's President will advise the County of the designated negotiating team by February 1 of the year the contract expires. Such time off will only be allowed when working hours of the Employee conflict with bargaining unit negotiations. The three (3) members referenced above of the Union's Negotiations Team shall return to duty immediately upon the conclusion of all bargaining meetings. 6.05 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than two (2) members designated by the Union and two (2) members designated by the Emergency Services Director. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall 51 Exhibit E Union Proposal 5-23-14 consist of persons within the Department, but outside the bargaining unit as herein defined. Nothing herein requires -the attendance of the Emergency Services Director or the Union President at any Labor -Management Committee meeting. 6.06 This Labor -Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the Emergency Services Director. 6.07 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6.08 An agenda, listing the items for discussion, will be forwarded by the party requesting such meeting to the other party no later than three (3) days prior to the meeting. T/A Date 05/23/14 County Union 52 14.01 The Employer will Exhibit F Union 11-18-13 Proposal ARTICLE 14 UNIFORMS AND EQUIPMENT .., . . .• . :, .. ., - .. . .. provide adequate uniforms and safety equipment as deemed necessary by management. 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost, or becoming worn or damaged as determined by management. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. Y..• , Bets-and€lat 14.03 For Fire/Rescue personnel only, the following station/work uniform policy will apply: A. Class A B dress shirts will be worn te-and from-werk When relieving personel at the stations as well as any planned out -of -station activity, i.e., in-service inspections, public assembly, running errands, or when station tours are scheduled. 53 Exhibit F Union 11-18-13 Proposal B. Light gray polo shirts (poly/cotton blend) will be worn around the station during vehicle and equipment checks, in -station projects, cleaning, and also on emergency calls that arise during the duty day. C. Department T-shirts will be worn during any physical fitness training or training requiring physical exertion. D. When necessary, the station officer will have the discretion to alter the application of Sections A, B, and C above for unusual circumstances or occasion, and only for the duration of such circumstances or occasion. 14.04 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Emergency Service Director. 14.05 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at three six (6) stations. T/A County Union Date 11/18/13 54 County Administrator's Recommendation Exhibit G ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The Employer will . . • •• . provide an initial allotment, and replacement in accordance with Article 14.02, for trousers (style to be determined by management), shirts, t -shirts, short -sleeve and long -sleeve polo shirts, shoes, hats, win rs, ., ntc- ' ckets, job shirts, jumpsuits, cap, badge and name plate. The Employer also will provide protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter -resistant face shield, gloves, safety glasses for welding and metal cutting, and any other safety equipment deemed necessary by management. 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost, or becoming worn or damaged as determined by management. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 14.03 The Employer, upon requests will provide bed linens, consisting of pillow cases, fitted sheets and flat sheets. Such linens shall be replaced on an annual basis. 14.034 For Fire/Rescue personnel, the following station/work uniform policy will apply: A. Class A B dress shirts will be worn when relieving personnel at the stations as well as any planned out -of -station activity, i.e., in-service inspections, public assembly, running errands, or when station tours are scheduled. 55 County Administrator's Recommendation Exhibit G B. Light gray polo shirts (poly/cotton blend) will be worn around the station during vehicle and equipment checks, in -station projects, cleaning, and also on emergency calls that arise during the duty day. C. Department T-shirts will be worn during any physical fitness training or training requiring physical exertion. D. When necessary, the station officer will have the discretion to alter the application of Sections A, B, and C above for unusual circumstances or occasion, and only for the duration of such circumstances or occasion. 14.045 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Emergency Services Director Fi is . 14.056 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at three six stations. 56 Exhibit H Union 11-18-13 Proposal ARTICLE 15 ,SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of two union representatives and two county representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions relative to certain conununicable diseases). 15.05 The Union and the County agree to the concept of a smoke-free fire service, as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally, all bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty, from the use of tobacco products. 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 57 Exhibit H Union 11-18-13 Proposal 15.07 The County shall provide immunizations for all employees who t request to be immunized at the approval of the Medical Director and Emergency Services Director as follows: Fiti Tetanus (every ten (l 0) years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This physical shall include the same testing as is done for newly -hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director or his designees Assistant --Chief; and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug -Free Workplace Program attached as Attachment A. T/A County Union Date: 11/18/13 58 County Administrator's Recommendation Exhibit I ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of two union representatives and two county representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions relative to certain communicable diseases) and 29 CFR 1910.134 (OSHA standard for SCBA mask fit testing). 15.05 The Union and the County agree to the concept of a smoke-free fire service, as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally, all bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty, from the use of tobacco products. 59 County Administrator's Recommendation Exhibit I 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 15.07 The County shall provide immunizations for all employees who want request to be immunized at the approval of the Medical Director and Emergency Services Director as follows: Flu5 Tetanus (every ten (10) years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This physical shall include the same testing as is done for newly -hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director or his designee, Assistant Chic , and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug -Free Workplace Program attached as Attachment A. 60 County Administrator's Recommendation Exhibit J ARTICLE 17 STAFFING 17.01 The Employer will maintain what it determines to be a safe and effective number of personnel at each station and sub -station during each shift. The Employer agrees with the Union that having three firefighters on an engine would be preferable to having two firefighters on an engine. The Employer will consider this fact when setting staffing levels. The Employer also agrees that no station will be reduced to under what it determines to be minimum staffing for more than four (4) hours per shift. 17.02 The County may allow eight (8) employees off on approved leave per shift. Approved leave shall be defined as Annual Leave, PT day (if any), or Kelly days. Up to two of the eight employees granted leave may be on Kelly days per shift. Kelly days shall be selected first. Any additional employee leave may be granted only with special approval of the Emergency Services Director c. 61 County Administrator's Recommendation Exhibit K ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Emergency Services Director. Should the Director decide to fill the vacancy, the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 Promotional examinations for bargaining unit positions shall be held during the month of September. 18.033 The Promotion Board shall be composed of the Assistant Chief, three (3) Battalion Chiefs, three (3) Captains, and one (1) member of the Union or his designee who will be elected by the bargaining unit. The Promotion Board shall rank all of the candidates, and shall forward the top -three entire list of ranked candidates to the Emergency Services Director. The rankings shall be determined based upon a point system formulated in Article/Section 18.078 and 18.089. The Emergency Services Director shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. Once the selection is made, the list shall automatically reset to advance the next highest -ranked candidate to the top three. In the event there are fewer than three employees on the promotional list, or the list is exhausted, the Emergency Services Director shall have the authority to appoint an employee who is not on the promotional list that the Emergency Services Director believes, in his discretion, is most qualified for the position; provided that the employee selected must be qualified to work out -of -classification for the position. In appointing an employee who is not on the list, the Emergency Services Director shall consider the employee's job performance, disciplinary actions, college degrees, additional training courses, certifications, leadership, attitude, attendance, and seniority. No appointed employee shall be forced to accept a promotion. If all employees offered the promotion reject it (a minimum of three employees shall be offered the promotion), the Emergency Services Director shall have the authority to 62 County Administrator's Recommendation Exhibit K appoint an individual from the outside the bar2ainin2 unit, or hire an individual from outside the District, for the position. 18.034 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The appraisal form shall be developed by the Employer and with input from the Union. 18.045 Newly hired employees shall serve an initial probationary period of one year. Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. 18.056 Employees who are promoted shall serve a promotion trial period of six months. If an employee who is serving a trial period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 18.067 Upon successful completion of their trial period, Fire Inspectors who have at least 5 years of experience with Indian River County Emergency Services will be promoted to Lieutenant Fire Inspector. 18.078The following promotional process shall be followed: RAW SCORES: EXAM SCORES TOTAL SCORE (300 Points max) Multiple choice written test 100 Points max Practical scenario test 200 Points max County Administrator's Recommendation TOTAL MAXIMUM RAW SCORE300 Points v. Exhibit K The written test will be 100 multiple choice questions scored at 1 point each. The exam will be taken from job specific areas for each rank. Maximum score for written exam is 100 points. An employee who does not score a 70% (or greater) on the written exam will not be eligible to take the practical scenario test and will not be considered for the promotion. Additionally, an employee that does not score a 70% (or greater) will be excluded from working out of rank until the employee completes remedial training and is approved by the Emergency Services Director or his designee. For Officers, the practical test will be comprised of scenario based situations that will test the applicant's oral and reasoning skills, as well as their incident management capability. For Driver/Engineers, the practical test will be comprised of two scenario based situations (driving and pumping) that will test the applicant's oral and reasoning skills, as well as their incident management capability. As in the past, they will need to recall and verbalize their instructions based on the SOP's, meeting prescribed benchmarks, as well as using their common sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade each applicant unless otherwise agreed upon. Maximum score for the practical test is 200 points. An employee who does not score a 70% (or greater) on any portion of the practical test will not be considered for the promotion. Additionally, an employee that does not score a 70% (or greater) on any portion of the practical test will be excluded from working out of rank until the employee successfully completes remedial training and is approved by the Emergency Services Director or his designee. (written and practical scenario test), In addition to raw scores points will be added for the following: job-per€er- ee college degrees, additional training courses, and certifications in ranking the tep4 candidates. The Training Division will review the college degrees, additional training courses, and certifications to determine whether consideration will be given. Additionally, the Emergency Services Director reserves the right to interview the tetra candidates. NOTE: Ties based upon raw scores will be broken by applying years of service points for Driver/Engineer promotions and by years of service and years of rank points for Officer promotions. In the event there is still a tie, the Emergency Services Director will consider the resumes of the tied employees. 64 County Administrator's Recommendation Exhibit K DEPARTMENTAL SERVICE (25/50 Points max) Total years of service completed; credit is 1 point per full year. Total years in rank completed; credit is 1 point per full year. For promotion from Firefighter to Driver/Engineer, only total years of service points will be credited. For promotion from Driver/Engineer to Lieutenant, additional years in rank points will be credited for time in Driver/Engineer rank. For promotion from Lieutenant to Captain, additional years in rank points will be credited for time served as a Lieutenant. Maximum score for Service is 25 points for Driver/Engineer promotional testing and 50 points for Officer promotional testing. OTHER FACTORS TO BE CONSIDERED BY THE PROMOTIONAL BOARD — NO -POINT EDUCATION (100 Points Maximum) College OAK Degrees S: BS OR or BA department related 10 points AS OR or AA department related 5 points BS OR or BA in non -department related5 points AS OR or AA in non -department related3 points Paramedic Certification: 2 points Applies only if hired prior to the consolidation implementation date of 6/2/06. Instructor Certifications: 2 points Any approved and accredited field related instructor certification that is comprised of at least 40 hours of instruction and requires an examination to obtain and a review or CEUs to maintain and approved by the Training Division. Instructor certifications must be current to receive points. Each instructor certification equals 2 points. Educational Courses: 1/2 (0.5) point Any approved and accredited field related educational course that is at least 40 hours in length, given by any college, Fire/EMS or public safety agency or private company and approved by the Training Division. Each educational course equals 1/2 (0.5) point. Courses less than 40 hours shall not be used for points. Florida Hazardous Material Technician: 2 points Any candidate who holds a current Florida Hazardous Material Technician certification and who has completed and passed the required 160 -hour hazardous material course shall receive 2 points. DISCIPLINARY RECORD: Any employee on a last chance agreement is ineligible to test. In addition, points shall be deducted from the final raw score for the following disciplinary records. The deduction applies 12 full months from time of final disciplinary action. In the case of multiple County Administrator's Recommendation Exhibit K disciplinary records, they will count separately from each other and add together for a total point deduction. These point deductions shall be deducted from the candidate's raw score: Any Group 1 offense Deduct 5 points Any Group 2 offenseDeduct 10 points Any Group 3 offense Deduct 15 points CERTIFICATIONS , I. the -tiebreaker -vete; 18.09A11 employees shall have a folder created in their training file to maintain the documentation of each employee's education. The Training Division shall review all education courses/certifications to be used for consideration before the pPromotional board meets. It is the responsibility of each employee to present current educational documents for their resume. If the documentation is not there, it shall not be considered. All educational documents must be submitted with the candidate's resume by the deadline established by the Training Division. County Administrator's Recommendation Exhibit L ARTICLE 19 SHIFT EXCHANGE 19.01 Effective the beginning of the first pay period after Union ratification and County approval of this Agreement, Eemployees may exchange shifts up to a maximum of ten (10) shifts or partial shifts of four (4) hours or more and four (4) partial shifts less than four (4) hours each fiscal year when the change does not interfere with the operations of the Fire Department, and when prior approval is granted at the discretion of the Emergency Services Director or his designee . Each shift or partial shift exchange shall be considered an occurrence. Shift or partial shift exchanges are limited to no more than 3 occurrences consecutively regardless of the fiscal year they would occur. Any leave contemplated under this agreement taken between shift exchanges shall be considered an occurrence towards the 3 consecutive limit, but not towards the fiscal year total, under this section. Chit forms or any other method authorized by the Emergency Services Director shall be used for this purpose. 19.02 The exchanging employees shall both be of equal classification, including solo paramedic per section 33.10, and out -of -rank eligible. Deviations from this provision may only be approved by the Emergency Services Director or his designee in his sole discretion. Any such approval shall be on a case by case basis and shall not establish a past practice when considering future requests. 19.03 The submitted request for a shift exchange shall indicate the shift date that each employee will work for each other, and the dates shall be within the same fiscal year unless a longer period is approved by the Emergency Services Director or his designee. Failure to provide this information will result in the shift exchange being immediately disqualified for consideration. 67 County Administrator's Recommendation Exhibit L 19.04 An employee who fails to work the shift exchange as indicated on the submitted request shall be disqualified from consideration for future shift exchanges for a period of 12 months unless the circumstances for not working meet the approval of the Emergency Services Director. 19.025 Sick leave will be charged at twice the rate used to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick and the absence is approved by the Emergency Services Director. 68 County Administrator's Recommendation Exhibit M ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full-time permanent non -shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day (12 hours) per month. For purposes of computation, one full 24-hour shift will be equal to two (2) 12 -hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Emergency Services Director. Employees suspected of abusing leave will be placed on notice and will be required to submit a doctor's note upon their return to work. Abuse of leave shall be defined as three occurrences in a 90 day period. For shift employees, each shift or partial shift that the employee is absent shall be an "occurrence." 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen (15) consecutive working days shall not accrue medical leave for that period of time. 69 County Administrator's Recommendation Exhibit M 26.043 ACCRUAL A. For employees hired before the beginning of the first pay period after Union ratification and County approval of this Agreement, and who have a balance on that date that equals or exceeds fifty (50) days, Mmedical leave may be accumulated for a total of no more than one hundred (100) days at the employee's anniversary date. B. For employees hired before the beginning of the first pay period after Union ratification and County approval of this Agreement, and who have a balance on that date of less than fifty (50) days, medical leave may be accumulated for a total of no more than fifty (50) days at the end of the calendar year. Any medical leave in excess of the 50 -day threshold at the end of the calendar year will be forfeited without compensation. C. For employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement, medical leave shall not exceed thirty (30) days at any time. 26.054 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury, pregnancy or illness not connected with work. B. Medical, dental, optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five (5) working days a year may be 70 County Administrator's Recommendation Exhibit M taken for this purpose without approval of the Director of Emergency Services (see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.065 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Emergency Services Director prior to or as soon as possible after time set for beginning the daily duties. An employee in a unit operating on a twenty-four (24) hour basis must notify the department within the time limit established by the Director of Emergency Services. B. Medical leave used adjacent to any other approved leave will not be authorized unless the employee submits medical certification at least 24 hours prior to reporting for work. C. Use of medical leave in the last 30 days of employment with the County shall not be permitted unless approved by the Emergency Services Director or his designee. D. Any request for medical leave authorized under Article 26.04 (B.) shall be requested 72 hours in advance. 26.076 CHARGING LEAVE A. For shift employees, Mmedical leave time shall be charged to the employee in 24- hour increments unless the employee has requested approval 72 hours in advance and received approval from the Emergency Services Director or his designee to use less than 24 hours work. 71 County Administrator's Recommendation Exhibit M B. Where approved for less than 24-hour increments, 114medical leave will be charged in not less than one (1) hour minimum period for time less than one (1) day. C. Employees who are unable to complete their shift due to illness shall provide medical certification at least 24 hours prior to reporting for work. 26.07 RETURNING FROM MEDICAL LEAVE A. Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty at least 24 hours prior to reporting for work. 26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred (100) days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in which the employee's anniversary date occurs for such excess leave at the employee's regular hourly straight time pay. 26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement, and who have ten or more years service with the County at the time of separation, shall receive 100% of the base rate of pay for one-half of all unused medical leave, up to a maximum of fifteen (15) days, upon retirement or death. B. Employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement, and who have fifty (50) days or more of accrued medical leave on that date, shall receive 100% of the base rate of pay for all unused medical leave, up to a maximum of one hundred (100) days, upon retirement in accordance with existing retirement plans or County Administrator's Recommendation death. Exhibit M I1O seeumakted. C. Employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement, and who have less than fifty (50) days of accrued medical leave on that date, shall receive 100% of the base rate of pay for all unused medical leave, up to a maximum of fifty (50) days, upon retirement in accordance with existing retirement plans or death. 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Director of Emergency Services will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved, the first seven (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed his or her normal compensation. County Administrator's Recommendation Exhibit M E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. F. At any time during the period of disability, any case may, upon request, be reviewed by an authorized County physician who shall recommend retention, reduction, or separation to the Director of Emergency Services. 26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services, after a request for approval of such paid disability has been made by the union president. The Director's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees shall not be entitled to light or restricted duty for non -duty related illness, injury, or condition (such as pregnancy), except as required by applicable law. 26.13 Bargaining unit employees shall be eligible for up to 12 weeks of Family and Medical Leave in any twelve-month period, in accordance with, and under the terms of, the Family and Medical Leave Act of 1993. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. County Administrator's Recommendation Exhibit N ARTICLE 28 ANNUAL LEAVE 28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: 1. Eleven (11) working days vacation for shift employees and ten (10) working days vacation for non -shift employees shall be earned each year for the first five (5) years of continuous employment commencing with the anniversary date. 2. Sixteen (16) working days vacation for shift employees and fifteen (15) working days vacation for non -shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3. For each additional year of continuous employment, employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement shall earn an additional day of vacation d up to a maximum of twenty-one (21) days per year for shift employees and twenty (20) days per year for non -shift employees: CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNED SHIFT NON -SHIFT 11 YEARS 17 DAYS 16 DAYS 12 YEARS 18 DAYS 17 DAYS 13 YEARS 19 DAYS 18 DAYS 14 YEARS 20 DAYS 19 DAYS 15 YEARS 21 DAYS 20 DAYS 28.02 For employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement, Fforty-two (42) days may be carried over from year to year; and for employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement, thirty (30) days County Administrator's Recommendation Exhibit N may be carried over from year to year; however, an employee shall not be allowed more than thirty (30) days annual leave in a one-half (1/2) year period. 28.03 For employees hired prior to the beginning of the first pay period after Union ratification and County approval of this Agreement, Eemployer rules and regulations will apply regarding notification and/or pay for annual leave earned above 500 hours. Employees retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon separation. Employees hired on or after the beginning of the first pay period after Union ratification and County approval of this Agreement will be eligible to receive payment for accrued annual leave up to 500 hours, or the maximum hours allowed by the Florida Division of Retirement at the time, whichever is less, in total. 28.04 Employees with the most time in total service years will be given preference when granting annual leave, during the seniority months (November, February, May, August). 28.05 Non -shift employees shall receive one (1) personal day to be used within each calendar year in accordance with the vacation policy. County Administrator's Recommendation Exhibit 0 ARTICLE 33 INCENTIVE PAY 33.01 An employee of the District who has successfully completed a certified diver's course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.02 An employee of the District who has successfully completed a certified Smoke Diver's Course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi- weekly. 33.03 A. An employee of the District who has completed a total of eighty (80) hours in courses approved by the Educational Committee will receive a pay increase of ten dollars ($10.00) bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Educational Committee prior to enrollment. There will be a maximum of four (4) eighty hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this agreement. C. The Educational Committee will consist of the Fire Chief, Deputy Fire Chief and two (2) members of the bargaining unit. Should the vote of the Committee end in a tie, the Fire Chief shall be given another vote to break the tie. This committee will establish criteria for sections 33.08 and 33.09. 33.04 An employee who is qualified and certified as a Paramedic may assume the duties of the E.M.S. Coordinator or Training Officer and shall receive a pay increase of sixty dollars ($60.00) bi-weekly. There will be a maximum of four (4) E.M.S. Coordinators or Training Officers in the department 33.05 All personnel that are certified in Heavy Rescue as of 09/30/85 will continue to receive twelve dollars ($12.00) bi-weekly for that certification. County Administrator's Recommendation Exhibit 0 33.06 The incentives offered in this article (from 33.01 through 33.05) shall be available only for employees who have qualified for the particular incentives by March 24, 1994. 33.07 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive sixty dollars ($60.00) biweekly. 33.08 Forty (40) Special Operations (Technician Level) per shift, total of 120 slots, shall receive thirty-five dollars ($35.00) biweekly, so long as they maintain their certifications. Only one incentive per person. 33.09 Non -shift employees shall be eligible for one (1) pay increase of twenty-one dollars ($21.00) biweekly (maximum of six individuals) when they become certified in one of the following areas: State of Florida Instructor II or III State of Florida Inspector II or NFPA Certified Inspector I State of Florida Investigator II or IAAI Certified Investigator NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors 33.10 To be filled at the Emergency Services Director's discretion, the County will fund 74 -Sale 11 Nno more than 86 slots. Upon the expiration of this Agreement, future additions of Solo slots will be subject to collective bargaining. The Solo Incentive will be paid as follows: Months of Service Non 7(k) Exempt 7(k) Exempt o 0 — 36 months $.90 -per -hour $10.80/day Wiper -hour $12/dav o 37 — 72 months $ rpeF-hour $15.12/dav $1:40 -per hour $16.80/dav o Over 72 months deur $19.44/dav $4.80-peFheur $21.60/day The amount of additional pay for Solo Paramedic status shall be paid bi-weekly as long as the employee maintains their solo paramedic status. County Administrator's Recommendation Exhibit P ARTICLE 34 SALARIES 34.01 Upon receiving Firefighter certification, Paramedic I will be placed in the Dual Certified pay scale, effective the first day of the next 28 -day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5% rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in, their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay. 34.02 ForFiseal--Ye2004 20, , bBa gaining unit employees will be provided wages as follows: A. For Fiscal Year 2013-14, bargaining unit employees will not receive cost of living, step, or other wage increases. 111 ! !: !!1 ! ! ' ! !. .. ! ! : ! ! ' B. For Fiscal Year 2014-15, effective the beginning of the first pay period after Union ratification and County approval of this Agreement, all bargaining unit employees shall receive a three percent (3%) cost -of -living increase by way of County Administrator's Recommendation Exhibit P 3% being added to each step of the current pay plans. In addition, effective the beginning of the first pay period after Union ratification and County approval of this Agreement, eligible employees shall receive a step increase. Employees who do not receive step/pay level increases will receive a lump sum payment of $1500, with the proviso this sum will be paid in three $500 increments due (1) the beginning of the first pay period after Union ratification and County approval of this Agreement, (2) May 1, 2015 and (3) July 1, 2015. C. For Fiscal Year 2015-16, bargaining unit employees shall receive the cost -of - living increases, if any, mutually agreed to by the County and Local 2201. In addition, for fiscal year 2015-16, employees will be placed in the revised step plans shown in Attachment C, which shall be adjusted by the amount of any cost -of -living increase. Effective the first full pay period following April 1, 2016, employees will proceed to the next step of their respective pay plan. D. Step moves, cost -of -living increases, pay scale adjustments or lump sum payments, if any, after September 30, 2016 shall established through collective bargaining for a successor Agreement. BE. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.02 B. 34.03 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k) exemption. The County Administrator's Recommendation Exhibit P County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. 34.04 Employees who retire under regular FRS guidelines after the termination date of this agreement but prior to the ratification of a new agreement will be eligible for retroactive payments calculated in the same manner as other bargaining unit employees. Exhibit Q Union 11-18-13 Proposal ARTICLE 37 DURATION AND RENEWAL. 37.01 This agreement shall be in full force and effect from October 1, 20082M 3. , to September 30, 2414-221.b. This agreerncnt shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either party desiring to amend or terminate this contract shall notify the other party in writing by February of the year in which the contract expires. 37.02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue until a new agreement is reached or the impasse is resolved. 37.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its fire fighting activities. 37.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this agreement. Status Quo Date 11/18/13 County Administrator's Recommendation Exhibit R ARTICLE 37 DURATION AND RENEWAL 37.01 This Agreement shall be in full force and effect from October 1, 200813, to September 30, 2014-6. This Agreement shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either party desiring to amend or terminate this contract shall notify the other party in writing by February 1 of the year in which the contract expires. 37.02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue until a new Agreement is reached or the impasse is resolved. 37.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its fire fighting activities. 37.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this Agreement. MATTHEW 1. MIERZWA, JR. "ARK W. FLOYD 1ARD 1.. OTZEL -QUELINE L. SPENCE LAW OFFICES MIERZWA & ASSOCIATES, P.A. March 17. 2015 Wesley S. Davis, Chairman, District 1 Joseph E. Flescher, Commissioner, District 2 Tim Zorc, Commissioner, District 3 Peter D. O'Bryan, Commissioner, District 4 Bob Solari, Vice -Chairman, District 5 Indian River County Board of County Commissioners 1801 - 27th Street Vero Beach, FL 32960-3365 Dear Commissioners: 3900 WOODLAKE BOULEVARD SUITE 212 LAKE WORTH, FLORIDA 33463 TELEPHONE: (561) 966-1200 FACSIMILE: 1561) 966.1231 Re: PERC Case No.: SM -2014-025 Indian River County Firefighter/Paramedic Association, IAFF, Local 2201 2013 Contract Negotiations: Public Hearing File No.: 122201.2130 This firm represents the Indian River County Firefighter/Paramedic Association, International Association of Fire Fighters, Local 2201. In accordance with Section 447.403(4)(b), Florida Statutes, these are the recommendations of Local 2201 for settling the disputed impasse issues. As you know, as the legislative body, you are required to take action as you "deem[s] to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues; ... " Thank you for your consideration. MJM:jg c John O'Connor, President, Local 2201 (via email only) Kevin Delashmutt, Vice President, Locall 2201 (via email only) Richard Ridge, Vice President of Legislative Affairs, Local 2201 (via email only) Bruce Anderson, Secretary -Treasurer, Local 2201 (via email only) Joseph A. Baird, County Administrator (via hand -delivery) Dylan Reingold, County Attorney (via hand -delivery) Jeffrey E. Mandel, Esquire (via hand -delivery) ARTICLE 6 - UNION ACTIVITY The County Administrator is arguing erroneously that Article 6 - Union Activity was not at impasse and was not negotiated. Both assertions are false. First, Rule 60CC-3.005, Florida Administrative Code, requires each party to serve upon the special magistrate a written list issues at impasse. On August 5, 2014, the attorney for the County specifically and unequivocally identified Article 6 - Union Activity as an article at impasse. On August 29, 2014, Local 2201 agreed that Article 6 - Union Activity was an article at impasse. Second, at the hearing, the County Administrator changed his mind and argued that Article 6 - Union Activity was not at issue. The County argued that the Union's proposal for a Union Business Bank was not negotiated and could not be considered. The County relied on Port Orange Professional Firefighters Association, IAFF, Local 3118 v. City of Port Orange, 37 FPER i 99 (2011). However, it is undisputed that the Union Business Bank was raised at negotiations and the case cited by the County supports the Union's position that a union business bank should have been considered: We therefore hold, pursuant to Section 447.403, that parties are allowed to change their positions during impasse, whether before a special magistrate or before a legislative body, provided that the amended proposals do not touch on a topic that has not been previously negotiated at the bargaining table. 39 FPER at 149 (2011). The Union was willing to entertain compromise and change with respect to Article 19 - Shift Exchange as long as "standby arrangements" were excluded from the restrictions. Historically, for decades, "standby arrangements" have been used to conduct Union business, various charitable events, and education. None of the foregoing should be part of the restrictions on Exchange of Time if adopted. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 6 - Union Activity which immediately follows on the next page. 85 ARTICLE 6 UNION ACTIVITY 6.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non -membership, participation, or non -participation in any Union or organization. 6.02 The Union and The County agree to create a Union business bank to be administered by the Union. The Union Business Bank shall be used at the discretion of the union president or his designee to conduct union business. The Union business bank shall be funded using 12 hours straight time for shift employees from the first holiday of the calendar year ( New Year's Day ) as identified in article 25.01, and no shift employees shall receive holiday overtime pay for working on New Year's day (as identified in 25.03). 7.5 hours of annual leave will be used for 40 Hr. employees unless the employee has less than 7.5 hours leave available, then no time shall be taken. Non Union employees may donate to this bank if they so wish. The account will be maintained by the County, and reported quarterly to the Union. Employees may voluntarily donate additional hours of unused annual leave to the account at their discretion. The unused hours in the Union business bank will be accumulative year to year. if union business is to be conducted, the time off shall be considered union time, and charged at straight time from the Union Business bank. If the time off creates overtime, the Union business bank shall be charged time and one half to offset the expense to the county. No request for Union business bank usage approved by the Union President shall be unreasonably denied. "r`�on 6.03 The Fair Chairman, and Fair Committee heads, and other personnel identified by the Union President or his designee shall be allowed to use standby arrangements for charitable purposes throughout the year. Events to be included are the Firefighter's Indian River County Fair, The Brian Nolan Tour de Vero, The Firefighter's Chili Cook -off, Saint Baldricks, The Big Heart Brigade, The Steven Siller Tunnel to Towers run, and any other charitable events approved by the Union President and the Emergency Services Director or his designee. T'�; C- rmpn . Such leave will be considered as time worked for the purpose of seniority accrual and other fringe benefits. • negotiations, 6.054 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than two (2) members designated by the Union and two (2) members designated by the Emergency Services Director. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall consist of persons within the Department, but outside the bargaining unit as herein defined. Nothing herein requires -the attendance of the Emergency Services Director or the Union President at any Labor -Management Committee meeting. 6.065 This Labor -Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the Emergency Services Director. 6.0gb The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6.087 An agenda, listing the items for discussion, will be forwarded by the party requesting such meeting to the other party no later than three (3) days prior to the meeting. T/A County Union IAFF Final Position October 9, 2014 ARTICLE 14 - UNIFORMS AND EQUIPMENT With respect to the first sentence of Article 14.01, the County Administrator is proposing to delete the requirement that the County allot sufficient funds for uniforms. In two years of negotiations, the County Administrator never provided one iota of evidence to support his contention that "employees believe that employees get a full compliment every year." The language in the first sentence of Article 14.01 should remain as otherwise agreed to by the parties. With respect to the last sentence of Article 14.01, the Union has proposed that the County be required to provide protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter -resistant face shield, gloves, safety equipment for welding and metal cutting, and other safety equipment. Based on recent management judgments in exercising its discretion, the Union feels compelled to propose the deletion of the phrase "deemed necessary by management." With respect to Article 14.02, the Union is proposing that uniforms and protective clothing be replaced upon being lost or becoming worn or damaged. The Union is proposing to delete the phrase "as determined by management." This proposal is necessitated by recent decisions of management in exercising its discretion with respect to safety and equipment matters. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 14 - Uniforms and Equipment which immediately follows on the next page. 89 ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The Employer will allot sufficient funds per employee per year for trousers (style to be determined by management), shirts, t -shirts, short -sleeve and long -sleeve polo shirts, shoes, hats, iob shirts, jumpsuits, cap, badge and name plate. The Employer also will provide protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter -resistant face shield, gloves, safety glasses for welding and metal cutting, and any other safety equipment 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost, or becoming worn or damaged . All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 14.03 The Employer will provide bed linens, consisting of pillow cases, fitted sheets and flat sheets. Such linens shall be replaced on an annual basis. 14.03 For Fire/Rescue personnel only, the following station/work uniform policy will apply: A. Class A B dress shirts will be worn When relieving personel at the stations as well as any planned out -of -station activity, i.e., in-service inspections, public assembly, running errands, or when station tours are scheduled. 13. Light gray polo shirts (poly/cotton blend) will be worn around the station during vehicle and equipment checks, in -station projects, cleaning, and also on emergency calls that arise during the duty day. C. Department T-shirts will be worn during any physical fitness training or training requiring physical exertion. D. When necessary, the station officer will have the discretion to alter the application of Sections A, 13, and C above for unusual circumstances or occasion, and only for the duration of such circumstances or occasion. 14.04 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Emergency Service Director. 14.05 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at three six (6) stations. IAFF Final Position October 9, 2014 91 ARTICLE 15 - SAFETY AND HEALTH The County Administrator is proposing the status quo. Based on recent conduct of the County. the Union is proposing changes to Article 15.01 as follows: The County agrees to provide a safe and healthy working environment irrespective of Article 10.2I. The County agrees to comply with all applicable laws related to safety, health, sanitation, and working conditions, as may be required under all State, Federal, and local laws. Article 15.01 (attached). The Union has had and still has substantial concerns regarding the manner in which the County Administrator and Fire Administration address safety and health issues. • In February 2014 through June 2014, the Union was unable to arrange for a health and safety meeting until Director King scheduled a meeting in June at the time Union officers were attending the convention of the Florida Professional Firefighters. When a safety meeting finally took place, Director King limited the agenda to three issues. • The Union has grave concerns regarding the "span of control" for battalion chiefs. In this department, one battalion chief supervises 12 stations. According to an incident command system, the recommended span of control for a chief is 1:5. • There are growing concerns regarding John Wallace, who after complaining about the failure of the County to properly "fit test" SCBA masks, has been subject to retaliation including being placed on administrative leave. • The Union had to prepare a written legal opinion regarding "fit testing" which is required under federal and state law. The Fire Administration had taken the position that fit testing is a guide not a requirement. After testing, a significant number of employees had to have their masks replaced. Recently, the Fire Administration introduced a respiratory protection system for the first time in years. The model utilized by the Fire Administration indicated that the fit testing should be conducted annually. • In May 2014, the Union requested access to stations to conduct inspections relating to various health and safety issues including, but not limited to, air quality, structural integrity, mold, and infestation of pests and/or rodents. Access was denied and, instead, the County issued its own request for proposal to perform inspections at Stations 1, 7, 10 and 11. 92 • There is a serious problem with respect to the age of brush trucks and special operations vehicles, some as old as 29 years. Front-line rescue vehicles have an average mileage of over 125,000 miles including one rescue unit with 178.471 miles. Similar problems exist with fire engines. • On May 8, 2014, an employee was working with tools that created a spark and ignited gas fumes creating an explosion. While the employee is recovering, this is something that should never have happened as firefighters should not be assigned to do maintenance work on the fire boat. The County Administrator's position that "the County is working on it" or "the matter is being investigated" are not satisfactory. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 15 - Safety and Health which immediately follows on the next page. 93 ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. The County aerees to provide a safe and healthy workin environment irres ective of Article 10.21. The County a rees to comply with all applicable laws related to safety, health, sanitation, and working coni asma�4uired under all State, Federal, and local laws. 15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of twe three union representatives and twe three county representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section l 12.18, Florida Statutes (Special provisions relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions relative to certain communicable diseases), and 29 CFR 1910 134 ( OSHA standard for SCBA mask fit testing). 15.05 The Union and the County agree to the concept of a smoke-free fire service, as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. 94 Additionally. all bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty, from the use of tobacco products. 15.06 "I he Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 15.07 The County shall provide immunizations for all employees who t request to be immunized at the approval of the Medical Director and Emergency Services Director as follows: Flu, Tetanus (every ten (10) years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This physical shall include the same testing as is done for newly -hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director or his designee, A nt Gr ' f and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug -Free Workplace Program attached as Attachment A. T/A County Union Date: 05/23/14 95 ARTICLE 17 - STAFFING In negotiations, the Union attempted to introduce a requirement that eight employees be off on approved leave per shift and that that requirement be mandatory. The County argued that there are certain circumstances, such as specialized training and hurricanes, which would require discretion. In response, the Special Magistrate issued the following recommendation: The County will allow eight (8) employees off on approved leave per shift. Such approved leave may be denied and/or rescheduled due to (l) mandatory specialized training scheduled to be held during that time or (2) if hurricane conditions are eminent [sic]. In other words, the Special Magistrate attempted to address the position of the County. The County rejected the Special Magistrate's recommendation. In resolving any issue relating to leave time, it is important to understand the work week of firefighters as set forth in Article 16 - Hours. Shift employees are scheduled 24 hours on -duty followed by 48 hours off-duty for an average work week of 56 hours. In any particular week, shift employees are scheduled to work either 48 hours per week or 72 hours per week. That is scheduled time, before overtime. One overtime shift would put shift employees at either 72 hours for the week or 96 hours for the week. In light of the foregoing, leave time is important for firefighters especially in light of recent conduct by Fire Administration. Recently, Fire Administration issued a blanket order denying all shift exchanges. Although that decision was set aside in the grievance procedure, the Union is concerned about such blanket denials by Fire Administration when the word "may" is used. That is why the Union is proposing the word "will" which was adopted by the Special Magistrate. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 17 - Stafling which immediately follows on the next page. 96 ARTICLE 17 STAFFING 17.01 The Employer will maintain what it determines to be a safe and effective number of 17.02 personnel at each station and sub -station during each shift. The Employer agrees with the Union that having three firefighters on an engine would be preferable to having two firefighters on an engine. The Employer will consider this fact when setting staffing levels. The Employer also agrees that no station will be reduced to under what it determines to be minimum staffing for more than four (4) hours per shifi. The Countv will allow e'Qhr r8 employees off on approved leave per shift. Approved leave shall be defined as Annual Leave, PT day, or Kelly days. Up to two Kelm days per shift shall be selected first. Any additional employee leave may be granted only with special approval of the fire Chief or the Director. IAFF Final Position October 9, 2014 97 ARTICLE 18 - 1'ACANCIES AND PROMOTIONS As noted by the County Administrator. there are now three sections at issue including Article 18.03. Article 18.08. and Article 18.09. 11 is important to note that it is the County Administrator that is proposing all the changes even though in May 2012, the County Administrator recommended to the County Commission those very articles he is now attempting to change. First, the parties just agreed that Article 18.02 (new Article 18.03) should require the Promotion Board to rank the candidates and forward the top three candidates. Despite just agreeing to that, in recent special mid-term contract negotiations, the County Administrator is now proposing that the Promotion Board not rank three but rank the entire list. Obviously, after just agreeing to the role of the Promotion Board, the County Administrator is attempting to demean that role. Second, in May 2012, the County Administrator agreed to the existing language regarding the requirement that employees be selected from the promotional list, but just months later in negotiations, the County Administrator (then and now) is proposing to allow the Director to "appoint" employees not on the promotional list. Quite frankly, that is outrageous. The County Administrator is proposing to allow the Director to appoint to promotional positions persons who are not eligible for taking the test, who are eligible but did not take the test, who took the test and failed, who had been recently disciplined, and even "hire an individual outside" the County. The County Administrator attempts to justify his sudden and unexplained change in positions by complaining that "employees have stopped sitting for exams." However, there are reasons why employees are reluctant to sit for promotional exams including the fact that there is no leadership program; persons are reluctant to take command in light of horrific conditions in stations; persons are reluctant to take command based on decrepit vehicles which have actually broken down on calls; low pay upon promotion; the requirement to enforce general orders such as a recent general order which may interfere with firefighters getting adequate rest. Instead of addressing the foregoing, the County Administrator's answer is to promote persons not eligible, persons who failed the test, and persons who do not even care to take the test. In what it refers to as (newly numbered) Article 18.08 and (newly numbered) Article 18.09, the County Administrator is proposing to modify the point system and adopt a procedure which was recently rejected by the parties in negotiations, rejected by the County Administrator, and rejected by the County Commission. Local 2201respectfully requests that a motion be made to adopt the Union's proposal for Article 18 - Vacancies and Promotions which immediately follows on the next page. 98 ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Emergency Services Director. Should the Director decide to fill the vacancy, the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 Promotional examinations for bargaining unit employees shall be held during the month of September unless any promotional list is exhausted, then another test shall be held, and a new interim list be in place until the next regularly scheduled test is held in September. In the event a promotional list is exhausted, the Emergency Services Director shall have the sole discretion to reduce the years in service requirement by one year for the interim test. 18.03 18.02 The Promotion Board shall be composed of the Assistant Chief, three (3) Battalion Chiefs, three (3) Captains, and the President of the Union or his designee. The Promotion Board shall rank the candidates, and forward the top three (3) ranked candidates to the Emergency Services Director. The rankings shall be determined based upon a point system formulated in Article/Section 18.07 and 18.08. The Emergency Services Director shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. 18.04 -1-$:03 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The appraisal form shall be developed by the Employer and -with input from the Union. 18.05 -1-8:04 Newly hired employees shall serve an initial probationary period of one year. Employees hired on or after the ratification of this agreement shall be dismissed if unable to 99 pass the solo medic evaluation within two years of their hire date. Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. 18.06 4$.85 Employees who are promoted shall serve a promotion trial period of six (6) months. If an employee who is serving a trial period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position. a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 18.07 -1446 Upon successful completion of their trial period. Fire Inspectors who have at least five (5) years of experience with Indian River County Emergency Services will be promoted to Lieutenant Fire Inspector. 18.08 18.07 The following promotional process shall be followed: RAW SCORES: EXAM SCORES Multiple choice written test Practical scenario test TOTAL MAXIMUM RAW SCORE 300 Points TOTAL SCORE (300 Points max) 100 Points max 200 Points max •J1•���i.a-nt .A -..n :.Ji�uai�..»in .-.i.7:,la. i.Ile. fii!i. as • ..n%��iai<'2i�e.a:.�.3S The written test will be 100 multiple choice questions scored at 1 point each. The exam will be taken from job specific areas for each rank. Maximum score for written exam is 100 points. An employee who does not score a 70% (or greater) on the written exam will not be eligible to take the practical scenario test and will not be considered for the promotion. Additionally, an employee that does not score a 70% (or greater) will be excluded from working out of rank until the employee completes remedial training and is approved by the Emergency Services Director or bis designee. For Officers the practical test will be comprised of scenario based situations that will test the applicant's oral and reasoning skills. as well as their incident management capability. For Driver/Engineers, the practical test will be comprised of two scenario based situations (driving and pumping) that will test the applicant's oral and reasoning skills, as well as their incident management capability. As in the past, they will need to recall and verbalize their instructions based on the SOP's, meeting prescribed benchmarks, as well as using their common sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade each applicant unless otherwise agreed upon. Maximum score for the practical test is 200 points. An employee who does not score a 70% (or greater) on any portion of the practical test will not be considered for the promotion. Additionally, an employee that does not score a 70% (or greater) on any portion of the practical test will be excluded from working out of rank until the employee successfully completes remedial training and is approved by the Emergency Services Director or his designee. 18.09 1-8:08 — Once the top 3 candidates are determined based upon their raw scores (written and practical scenario test), the Promotional Board will issue additional points based upon departmental service as outlined below. Additionally, the Promotional Board will consider the following factors: job performance evaluations, disciplinary actions, working out of classification, college degrees, additional training courses, and certifications in ranking the top 3 candidates. The Promotional Board will review the college degrees, additional training courses, and certifications to determine whether consideration will be given. Additionally, the Emergency Services Director reserves the right to interview the top 3 candidates. NOTE: Ties based upon raw scores will be broken by applying years of service points for Driver/Engineer promotions and by years of service and years of rank points for Officer promotions. In the event there is still a tie, the Promotional Board will consider the resumes of the tied employees. DEPARTMENTAL SERVICE (25/50 Points max) Total years of service completed; credit is 1 point per full year. Total years in rank completed; credit is 1 point per full year. For promotion from Firefighter to Driver/Engineer, only total years of service points will be credited. For promotion from Driver/Engineer to Lieutenant, additional years in rank points will be credited for time in Driver/Engineer rank. For promotion from Lieutenant to Captain, additional years in rank points will be credited for time served as a Lieutenant. Maximum score for Service is 25 points for Driver/Engineer promotional testing and 50 points for Officer promotional testing. OTHER FACTORS TO BE CONSIDERED BY THE PROMOTIONAL BOARD — NO POINT VALUES GIVEN: COLLEGE DEGREES: BS OR BA department related AS OR AA department related BS OR BA in non -department related AS OR AA in non -department related CERTIFICATIONS An approved and accredited department related certification requires an examination or review to obtain. Certifications that will automatically be approved will be listed by the Training Division. Any additional certifications may be approved or rejected by the educational committee in the future, and added or subtracted from the list as necessary. EDUCATIONAL COURSES Any documented courses given by colleges, Fire/EMS or public safety agencies, or private companies that are job related and approved by the promotional board. EDUCATIONAL COMMITTEE All employees shall have a folder created in their training file to maintain the documentation of each employee's education. The Training Division shall review all education courses/certifications to be used for consideration before the promotional board meets. It is the responsibility of each employee to present current educational documents for their resume. If the documentation is not there, it shall not be considered. 1AFF Final Position October 9, 2014 ARTICLE 19 - SHIFT EXCHANGE The current language in Article 19 - Shift Exchange has been existence for decades, is consistent with the Fair Labor Standards Act, and is consistent with regulations and opinions interpreting the Fair Labor Standards Act. The Union's position is that the current language should remain as is. Again, it is very important to understand that, in working 24 hours on -duty followed by 48 hours off- duty, shift employees are scheduled for an average work week of 56 hours or, alternatively stated, shift employees are scheduled to either work 48 hours per week or 72 hours per week. That is scheduled time, before overtime. Overtime is pervasive and even one overtime shift would place shift employees at either 72 hours for the week or 96 hours for the week. Throughout negotiations, the Union had indicated it could compromise and change certain aspects of Article 19 - Shift Exchange, as long as the new restrictions did not apply to shift employees performing Union business, or charity work such as the Fair, or education. The Union made is absolutely clear that, if proposed restrictions were going to apply to Union representatives, then it would have to have some type of Union Business Bank or the status quo should be maintained. The County Administrator's position never changed. Your shift employees work the longest hours with the least time off than any department in the local operating area selected by your Director. In the absence of the Union Business Bank, the status quo must be maintained. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 19 - Shift Exchange which immediately follows on the next page. ARTICLE 19 SHIFT EXCHANGE 19.01 Employees may exchange shifts when the change does not interfere with the operations of the Fire Department, and when prior approval is granted at the discretion of the Fire Chief or his or her representative. Chit forms shall be used for this purpose. 19.02 Sick leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. 32 ARTICLE 26 - MEDICAL LEAVE AND DISABILITY LEAVE In (newly numbered) Article 26.03 and Article 26.09, the County Administrator has proposed a reduction in the amount of medical leave bargaining unit employees can carry forward each year and the amount that is paid out upon separation from employment. These proposed three -tiered systems will "pit" bargaining unit employees against each other and are not justified by comparisons in the local operating area, peculiarities of employment, or by comparisons to the "current Teamsters contract." Bargaining unit members are coming off 7 years of no across-the-board pay increases during which time the State took 3 percent of pay for pension contributions. Just when one would think that increased tax revenues and an increase in the milage rate might cause this relationship to become normal, the County Administrator has gone on a whole scale unjustified attack on key benefits such as medical leave. The County Administrator also proposes changes with respect to Article 26.01, Article 26.03, (newly numbered) Article 26.05, and (newly numbered) Article 26.06. Many of the proposed changes simply make no sense and none of them were justified by evidence. The County Administrator did attempt to justify (newly numbered) Article 26.05C denying all medical leave in the last 30 days of employment unless approved by the Director. The County Administrator contended that employees are "burning time before they leave" and he had to stop the abusers. Unfortunately, the County Administrator used as an example a person who was present at the hearing. The employee explained the injury he suffered that required him to use sick leave and noted that all absences were supported by doctors' notes. The County Administrator's unfounded allegations of abuse are insulting. All of the County's proposals should be rejected. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 26 - Medical Leave and Disability Leave which immediately follows on the next page. ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full-time permanent non -shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day (12 hours) per month. For purposes of computation, one full 24-hour shift will be equal to two (2) 12 -hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Emergency Services Director. Employees suspected of abusing leave will be placed on notice and will be required to submit a doctor's note upon their return to work. Abuse of leave shall be defined as three occurrences in a 90 day period. 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen (15) consecutive working days shall not accrue medical leave for that period of time. 26.03 ADDITIONAL MEDICAL LEAVE In deserving cases additional medical leave may be granted with the Emergency Services Director's approval. 26.04 ACCRUAL A. For all employees hired prior to the date of ratification of this agreement, Mmedical leave may be accumulated for a total of no more than one hundred (100) days at the employee's anniversary date. B. For all employees hired after the date of ratification of this agreement, medical leave may be accumulated for a total of no more than (100) days. Any medical leave in excess of the (100) day threshold at the end of the calendar year will be forfeited without compensation. 26.05 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury, pregnancy or illness not connected with work. B. Medical. dental, optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five (5) working days a year may be taken for this purpose without approval of the Emergency Services Director (see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.06 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Emergency Services Director prior to or as soon as possible after time set for beginning the daily duties. An employee in a unit operating on a twenty-four (24) hour basis must notify the department within the time limit established by the Emergency Services Director. 26.07 CHARGING LEAVE A. For shift employees, Mmedical leave time shall be charged to the employee in twenty four (24) hour increments except in the event that the employee uses sick leave after the commencement of the shift. Family sick leave may be used in twelve hour (12) increments per Article 26.05 of this agreement. For non -shift employees, medical leave time shall be charged to the employee charged in one (1) hour increments. B. Medical leave will be charged in not less than one (1) hour minimum period for time less than one (1) day. C. Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty 24 hours prior to reporting for work. 26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred (100) days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in which the employee's anniversary date occurs for such excess leave at the employee's regular hourly straight time pay. 26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Upon resignation or termination for cause of an employee from the Employer's services, all medical leave, current and accumulated, will be forfeited. B. Employees hired prior to the date of ratification of this _greement, retiring in accordance with existing retirement plans or having died will receive 100% of the base rate of pay for medical leave days accumulated. C. Employees hired after Ratification of this agreement, shall receive 50% of the base rate of pay for medical leave days accumulated. 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Emergency Services Director will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved, the first seven (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed his or her normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. F. At any time during the period of disability, any case may, upon request, be reviewed by an authorized County physician who shall recommend retention, reduction, or separation to the Emergency Services Director. 26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services after a request for approval of such paid disability has been made by the Emergency Services Director and the union president. The Director's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees shall not be entitled to light or restricted duty for non -duty related illness, injury, or condition (such as pregnancy), except as required by applicable law. 26.13 Bargaining unit employees shall be eligible for up to 12 weeks of Family and Medical Leave in any twelve-month period, in accordance with, and under the terms of, the Family and Medical Leave Act of 1993. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. IAFF Final Position October 9, 2014 ARTICLE 28 - ANNUAL LEAVE The County Administrator is proposing various reductions in Article 28.01, Article 28.02, and Article 28.03. The County Administrator's justification for proposing another two-tiered system which places new hires with different benefits with respect to vacation leave, vacation carried forward, and vacation pay outs, is that the "Teamsters accepted it." With all due respect to the Teamsters, that is not a basis for these changes. First, again, no employees in the County are scheduled for an average of 56 hours per week. Firefighters are not like Teamsters and are not like other County employees. The work week of firefighters is entirely different. Reductions in annual leave benefits are not justified. Second, the comparisons with other departments in the local operating area establish that your firefighters simply receive less time off than any department in the local operating area. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 28 - Annual Leave which immediately follows on the next page. ARTICLE 28 ANNUAL LEAVE 28.01 Ianployees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: 1. Eleven (11) working days vacation for shift employees and ten (10) working days vacation for non -shift employees shall be earned each year for the first five (5) years of continuous employment commencing with the anniversary date. 2. Sixteen (16) working days vacation for shift employees and fifteen (15) working days vacation for non -shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3. For each additional year of continuous employment, an additional day of vacation shall be earned up to a maximum of twenty-one (21) days per year for shift employees and twenty (20) days per year for non -shift employees: CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNED SHIFT NON -SHIFT 11 YEARS 17 DAYS 16 DAYS 12 YEARS 18 DAYS 17 DAYS 13 YEARS 19 DAYS 18 DAYS 14 YEARS 20 DAYS 19 DAYS 15 YEARS 21 DAYS 20 DAYS 28.02 Forty-two (42) days may be carried over from year to year, however, an employee shall not be allowed more than thirty (30) days annual leave in a one-half (1/2) year period. 28.03 Employer rules and regulations will apply regarding notification and/or pay for annual leave earned above 500 hours. Employees retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon separation. 28.04 Employees with the most time in total service years will be given preference when granting annual leave, during the seniority months (November, February. May, August). 28.05 Non -shift employees shall receive one (1) personal day to be used within each calendar year in accordance with the vacation policy. IAFF Final Position October 9, 2014 ARTICLE 33 - INCENTIVE PAY Article 33.10 remains at impasse. The Union disagrees with the County Administrator's recommendation for two reasons. However, certain background needs to be presented. The initial requirement to become a paramedic in the State of Florida is state certification. It is undisputed that in most departments, once a state certified paramedic passes a protocol test, that paramedic can function as a paramedic. This is crucial because a protocoled paramedic is required for any advanced life support unit whether it is an ambulance or a fire engine. In Indian River County, unlike any other department, there is a third level of paramedic which is called a "solo incentive slot." These so-called solos are the only persons the County will allow to make a unit advanced life support. In other words, there are qualified paramedics who have passed the protocol test who the department does not allow to function as paramedics. This rather bizarre system has negative consequences. First, by agreement, the County funds 86 solo incentive slots in accordance with Article 33.10. However, the Director has never filled all those slots. For example, at the time of the hearing before the Special Magistrate, only 78 of 86 solo incentive slots were filled. The reason why the Union is proposing that the Fire Chief be required to fill all 86 solo slots is that it would have a positive impact for both bargaining unit employees and the public. With respect to bargaining unit employees, when the Director artificially reduces the number of solo incentive slots below the number funded, it makes it difficult for solo paramedics to take vacations, choose Kelly Days, and engage in shift exchange. Furthermore, the artificially reduced number also creates pressure for mandatory overtime and overwork for the solo paramedics. With respect to the public, artificially restricting the number of solo paramedics, supposedly to save money, has to be detrimental to the public as the number of persons being able to perform paramedic functions in the field is being artificially reduced. All the Union is asking is that funded solo incentive slots be filled. The County Administrator's refusal is unconscionable. Second, the Union is asking that state certified paramedics who have the protocol test be allowed to function as solo paramedics. Allowing protocoled paramedics to function as solo paramedics is in the interest of the bargaining unit and the interest of the public. It makes more functioning paramedics available for contractual purposes and there can be no doubt the public would benefit by additional solo medics. According to the County Administrator, a state certified paramedic who has been protocoled by the medical director cannot function as a paramedic in the field. This attempt by the County Administrator to save money operates to the detriment of bargaining unit employees and to the public. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 33 - Incentive Pay which immediately follows on the next page. ARTICLE 33 INCENTIVE PAY 33.01 An employee of the District who has successfully completed a certified diver's course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.02 An employee of the District who has successfully completed a certified Smoke Diver's Course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.03 A. An employee of the District who has completed a total of eighty (80) hours in courses approved by the Educational Committee will receive a pay increase of ten dollars ($10.00) bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Educational Committee prior to enrollment. There will be a maximum of four (4) eighty hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this agreement. C. The Educational Committee will consist of the Fire Chief, Deputy Fire Chief and two (2) members of the bargaining unit. Should the vote of the Committee end in a tie, the Fire Chief shall be given another vote to break the tie. This committee will establish criteria for sections 33.08 and 33.09. 33.034 All personnel that are certified in Heavy Rescue as of 09/30/85 will continue to receive twelve dollars ($12.00) bi-weekly for that certification 33.065 The incentives offered in this article (from 33.01 through 33.05) shall be available only for employees who have qualified for the particular incentives by March 24, 1994. 33.046 An employee who is qualified and certified as a Paramedic may assume the duties of the E.M.S. Coordinator or Training Officer and shall receive a pay increase of sixes dollars 0:f 03 one hundred twenty dollars ($120) bi-weekly. There will he a maximum of four (4) E.M.S. Coordinators or -Training Officers in the department. 33.07 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive s -4e1 ars ($60.00) one hundred twenty dollars ($120) biweekly. 33.08 Forty (40) Special Operations (Technician Level) per shift, total of 120 slots, shall receive thirty five dollars ($35.00) biweekly, so long as they maintain their certifications. Only one incentive per person. 33.09 Non -shift employees shall be eligible for one (I) pay increase of twenty-one dollars ($21.00) biweekly (maximum of six individuals) when they become certified in one of the following areas: State of Florida Instructor II or I11 State of Florida Inspector II or NFPA Certified Inspector 1 State of Florida Investigator II or 1AAI Certified Investigator NFPA Certified Fire Plan Examiner 1 or NFA Plan Review for Inspectors 33.10 t The County will fund and the Fire Chief will fill 86 Solo incentive slots for FY 2013/2014. to • • • _ .. _. Effective FY 2014/2015, any Fire -Medic who passes the protocol test will be allowed to function as a solo medic and eligible for the solo incentive. Months off service Non 7(k) Exempt 7(k) 0-36 months $.90 per hour $1.00 per hour • 37.72 months $1.26 pet hour S1 40 pet how • Over 72 months $1.62 per hour $1.80 per hour The amount of additional pay for Solo Paramedic status shall be paid bi-weekly as long as the employees maintain their solo paramedic status. IAFF Final Position October 9, 2014 117 ARTICLE 34 - SALARIES The parties are at impasse over pay increases both with respect to across-the-board increases and step increases. The Union's proposal is straight forward and includes the following: for fiscal year 2013-2014, a 3 percent across-the-board and step increase effective April 1, 2014 [which is the amount of money the County originally proposed]; and for fiscal year 2014-2015, a 3 percent across-the-board October 1, 2014 and a step increase on the anniversary date. For fiscal year 2013-2014, the County Administrator's position has degenerated from 3 percent across-the-board effective October I, 2013 to 3 percent upon ratification to no across-the-board increase at all. For fiscal year 2014-2015, the County Administrator is proposing a 3 percent across- the-board increase and a step increase [which is indistinguishable from the Union's proposal except for the effective date]. For fiscal year 2015-2016, the County Administrator proposes continued negotiations and a step increase under a new proposed step plan. For fiscal year 2013-2014, the Union is proposing a modest 3 percent across-the-board and continuation of the existing pay plan [as opposed to the County's regressive proposal of no pay increases whatsoever for fiscal year 2013-2014]. The Union's position is supported by no cost -of - living increases for seven years; cuts into pay by the State Legislature; comparisons in the local operating area which shows your firefighters making thousands of dollars less on an annual basis while working more hours; a frozen step plan for five years; and increases in the cost of living by 13.8 percent in the time frame involved. The Union's pay proposal is very modest. It attempts to provide for an across-the-board pay increase for fiscal year 2013-2014 and the revival of the step plan. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 34 - Salaries which immediately follows on the next page. ARTICLE 34 SALARIES 34.01 Upon receiving Firefighter certification. Paramedic l will be placed in the Dual Certification pay scale, effective the first day of the next 28 -day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5% rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in, their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay. 34.02 For Fiscal Year 2008-2014;2013/2014 -2013/2014 and for Fiscal Year 2014/2015 bargaining unit employees will be provided wages as follows: A. For Fiscal Year 2013/2014, bargaining unit employees shall receive a three percent (3%) cost of living increase effective April 1, 2014. In addition, eligible employees shall receive a step increase effective April 1, 2014. B. For Fiscal Year 2014/2015, bargaining unit employees shall receive a three percent (3%) cost of living increase effective October 1, 2014. All eligible employees shall receive a five percent (5%) step increase on their anniversary date. C. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. 34.03 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k) exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. IAFF Final Position October 9, 2014 0 00 0 47 m CO M .4 4h 01 m ti N m tet m O H .e V. 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N 0)CC d v K 0 r u m e • M • 0; C m N 01 >_ 0 0 a dl 0 0 v to 05 m w 0' 00 0) O a o E a W E y W O o.c H LL O W w to 12 "' 3 3 " a-1 N O '.-N ` 4- d Ja D 4 0 OI IV Y +U CV 0 0) W W W a v T !O 0 0 m m v L L N H N N :c..3 Oto O a a ft t0 O 0 0 mTo 76 0 O O N N O O n 0 0. 0`. 0 0 c 0 • 4 Proposed Salary Plan - 10/9/14 ARTICLE 37 - DURATION AND RENEWAL The County Administrator is recommending a three-year collective bargaining agreement covering fiscal years 2013-2014. 2014-2015, and 2015-2016. The County Administrator argues that Local 2201 has offered no rationale for a two-year contract and a two-year contract makes no sense because "the parties would have to begin negotiating the successor contract in mid -2015, only a few months from now." It is the position of the County Administrator that makes no sense. First, the County's proposal for a re -opener in negotiations for fiscal year 2015-2016 would cause the parties to have to begin negotiating in a few months from now under either proposal. Second, the County Administrator's recommendation for fiscal year 2015-2016 is a complete abolishment of a pay plan that has been in existence for decades and replacing it with an entirely new system that was never properly explored in negotiations. It makes no sense to rush into that new pay system without further negotiations. Under either the County's recommendation or the Union's recommendation, negotiations are going to begin immediately. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 37 - Duration and Renewal which immediately follows on the next page. ARTICLE 37 DURATION AND RENEWAL 37.01 This agreement shall be in full force and effect 3 , to September 30, 204-1-2015. This agreement shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either party desiring to amend or terminate this contract shall notify the other party in writing by Februw-y - of the year in which the contract expires. 37.02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue until a new agreement is reached or the impasse is resolved. 37.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its fire fighting activities. 37.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this agreement. IAFF Final Position October 9, 2014 MATTHEW J. MIERZWA, JR. (imRK W. FLOYD IARD L. OTZEL QUELINE L. SPENCE LAW OFFICES MIERZWA & ASSOCIATES, P.A. March 17, 2015 Wesley S. Davis, Chairman, District 1 Joseph E. Flescher, Commissioner, District 2 Tim Zorc, Commissioner, District 3 Peter D. O'Bryan, Commissioner, District 4 Bob Solari, Vice -Chairman, District 5 Indian River County Board of County Commissioners 1801 - 27th Street Vero Beach, FL 32960-3365 Dear Commissioners: 60 0 l4 2t I 3900 WOODLAKE BOULEVARD SUITE 212 LAKE WORTH, FLORIDA 33463 TELEPHONE: (561) 966-1200 FACSIMILE: (561) 966-1231 Re: PERC Case No.: SM -2014-025 Indian River County Firefighter/Paramedic Association, IAFF, Local 2201 2013 Contract Negotiations: Public Hearing File No.: 122201.2130 This firm represents the Indian River County Firefighter. /Paramedic Association, International Association of Fire Fighters, Local 2201. In accordance with Section 447.403(4)(b), Florida Statutes, these are the recommendations of Local 2201 for settling the disputed impasse issues. As you know, as the legislative body, you are required to take action as you "deem[s] to be in the public interest, including the interest of the public employees involved, to resolve all disputed impasse issues; ... " Thank you for your consideration. erely, J.1lblierzwa, Jr. MJM:jg c John O'Connor, President, Local 2201 (via email only) Kevin Delashmutt, Vice President, Locall 2201 (via email only) Richard Ridge, Vice President of Legislative Affairs, Local 2201 (via email only) Bruce Anderson, Secretary -Treasurer, Local 2201 (via email only) Joseph A. Baird, County Administrator (via hand -delivery) Dylan Reingold, County Attorney (via hand -delivery) Jeffrey E. Mandel, Esquire (via hand -delivery) r�5 ARTICLE 6 - UNION ACTIVITY The County Administrator is arguing erroneously that Article 6 - Union Activity was not at impasse and was not negotiated. Both assertions are false. First, Rule 60CC-3.005, Florida Administrative Code, requires each party to serve upon the special magistrate a written list issues at impasse. On August 5, 2014, the attorney for the County specifically and unequivocally identified Article 6 - Union Activity as an article at impasse. On August 29, 2014, Local 2201 agreed that Article 6 - Union Activity was an article at impasse. Second, at the hearing, the County Administrator changed his mind and argued that Article 6 - Union Activity was not at issue. The County argued that the Union's proposal for a Union Business Bank was not negotiated and could not be considered. The County relied on Port Orange Professional Firefighters Association, IAFF, Local 3118 v. City of Port Orange, 37 FPER ¶ 99 (2011). However, it is undisputed that the Union Business Bank was raised at negotiations and the case cited by the County supports the Union's position that a union business bank should have been considered: We therefore hold, pursuant to Section 447.403, that parties are allowed to change their positions during impasse, whether before a special magistrate or before a legislative body, provided that the amended proposals do not touch on a topic that has not been previously negotiated at the bargaining table. 39 FPER at 149 (2011). The Union was willing to entertain compromise and change with respect to Article 19 - Shift Exchange as long as "standby arrangements" were excluded from the restrictions. Historically, for decades, "standby arrangements" have been used to conduct Union business, various charitable events, and education. None of the foregoing should be part of the restrictions on Exchange of Time if adopted. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 6 - Union Activity which immediately follows on the next page. Fav ARTICLE 6 UNION ACTIVITY 6.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non -membership, participation, or non -participation in any Union or organization. 6.02 The Union and The County agree to create a Union business bank to be administered by the Union. The Union Business Bank shall be used at the discretion of the union president or his designee to conduct union business. The Union business bank shall be funded using 12 hours straight time for shift employees from the first holiday of the calendar year ( New Year's Day ) as identified in article 25.01, and no shift employees shall receive holiday overtime pay for working on New Year's day (as identified in 25.03). 7.5 hours of annual leave will be used for 40 Hr. employees unless the employee has less than 7.5 hours leave available, then no time shall be taken. Non Union employees may donate to this bank if they so wish. The account will be maintained by the County, and reported quarterly to the Union. Employees may voluntarily donate additional hours of unused annual leave to the account at their discretion. The unused hours in the Union business bank will be accumulative year to year. If union business is to be conducted, the time off shall be considered union time, and charged at straight time from the Union Business bank. If the time off creates overtime, the Union business bank shall be charged time and one half to offset the expense to the county. No request for Union business bank usage approved by the Union President shall be unreasonably denied. The Union 6.03 The Fair Chairman, and Fair Committee heads, and other personnel identified by the Union President or his designee shall be allowed to use standby arrangements for charitable purposes throughout the year. Events to be included are the Firefighter's Indian River County Fair, The Brian Nolan Tour de Vero, The t�.7 Firefighter's Chili Cook -off, Saint Baldricks, The Big Heart Brigade, The Steven Siller Tunnel to Towers run, and any other charitable events approved by the Union President and the Emergency Services Director or his designee. The Fair Chairman Such leave will be considered as time worked for the purpose of seniority accrual and other fringe benefits. the Employer. The Union's President will advise -the County of the designated negotiating team by February 1 of the year the contract expires. Such tie-eff will only be allowed when working hours of -he Employee conflict with bargaining unit negotiations 6.064 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than two (2) members designated by the Union and two (2) members designated by the Emergency Services Director. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall consist of persons within the Department, but outside the bargaining unit as herein defined. Nothing herein requires -the attendance of the Emergency Services Director or the Union President at any Labor -Management Committee meeting. 6.065 This Labor -Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the Emergency Services Director. ��1 L 6.076 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issues between the parties. 6.087 An agenda, listing the items for discussion, will be forwarded by the party requesting such meeting to the other party no later than three (3) days prior to the meeting. T/A County Union IAFF Final Position October 9, 2014 I VI L ARTICLE 14 UNIFORMS AND EQUIPMENT 14.01 The Employer will allot sufficient funds per employee per year for trousers (style to be determined by management), shirts, t -shirts, short -sleeve and long -sleeve polo shirts, shoes, hats, .. •. - , - - • job shirts, jumpsuits, cap, badge and name plate. The Employer also will provide protective clothing and devices; bunker coat and bunker pants made of Nomex or similar material, boots, helmets, shatter -resistant face shield, gloves, safety glasses for welding and metal cutting, and any other safety equipment deemed necessary by management. 14.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost, or becoming worn or damaged as determined by management. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 14.03 The Employer will provide bed linens, consisting of pillow cases, fitted sheets and flat sheets. Such linens shall be replaced on an annual basis. 14.03 For Fire/Rescue personnel only, the following station/work uniform policy will apply: A. Class A B dress shirts will be worn to and from work When relieving personel at the stations as well as any planned out -of -station activity, i.e., in-service inspections, public assembly, running errands, or when station tours are scheduled. 130 B. Light gray polo shirts (poly/cotton blend) will be worn around the station during vehicle and equipment checks, in -station projects, cleaning, and also on emergency calls that arise during the duty day. C. Department T-shirts will be worn during any physical fitness training or training requiring physical exertion. D. When necessary, the station officer will have the discretion to alter the application of Sections A, B, and C above for unusual circumstances or occasion, and only for the duration of such circumstances or occasion. 14.04 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate supervisor and approved by the Emergency Service Director. 14.05 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at three six (6) stations. IAFF Final Position October 9, 2014 t 3 I L ARTICLE 15 - SAFETY AND HEALTH The County Administrator is proposing the status quo. Based on recent conduct of the County, the Union is proposing changes to Article 15.01 as follows: The County agrees to provide a safe and healthy working environment irrespective of Article 10.2I. The County agrees to comply with all applicable laws related to safety, health, sanitation, and working conditions, as may be required under all State, Federal, and local laws. Article 15.01 (attached). The Union has had and still has substantial concerns regarding the manner in which the County Administrator and Fire Administration address safety and health issues. • In February 2014 through June 2014, the Union was unable to arrange for a health and safety meeting until Director King scheduled a meeting in June at the time Union officers were attending the convention of the Florida Professional Firefighters. When a safety meeting finally took place, Director King limited the agenda to three issues. • The Union has grave concerns regarding the "span of control" for battalion chiefs. In this department, one battalion chief supervises 12 stations. According to an incident command system, the recommended span of control for a chief is 1:5. • There are growing concerns regarding John Wallace, who after complaining about the failure of the County to properly "fit test" SCBA masks, has been subject to retaliation including being placed on administrative leave. • The Union had to prepare a written legal opinion regarding "fit testing" which is required under federal and state law. The Fire Administration had taken the positionthat fit testing is a guide not a requirement. After testing, a significant number of employees had to have their masks replaced. Recently, the Fire Administration introduced a respiratory protection system for the first time in years. The model utilized by the Fire Administration indicated that the fit testing should be conducted annually. • In May 2014, the Union requested access to stations to conduct inspections relating to various health and safety issues including, but not limited to, air quality, structural integrity, mold, and infestation of pests and/or rodents. Access was denied and, instead, the County issued its own request for proposal to perform inspections at Stations 1, 7, 10 and 11. X32 • There is a serious problem with respect to the age of brush trucks and special operations vehicles, some as old as 29 years. Front-line rescue vehicles have an average mileage of over 125,000 miles including one rescue unit with 178,471 miles. Similar problems exist with fire engines. • On May 8, 2014, an employee was working with tools that created a spark and ignited gas fumes creating an explosion. While the employee is recovering, this is something that should never have happened as firefighters should not be assigned to do maintenance work on the fire boat. The County Administrator's position that "the County is working on it" or "the matter is being investigated" are not satisfactory. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 15 - Safety and Health which immediately follows on the next page. 133 L ARTICLE 15 SAFETY AND HEALTH 15.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. The County agrees to provide a safe and healthy working environment irrespective of Article 10.2I. The County agrees to comply with all applicable laws related to safety, health, sanitation, and working conditions, as may be required under all State, Federal, and local laws. 15.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 15.03 A workplace safety committee comprising of twe three union representatives and twe three county representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 15.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Section 112.181, Florida Statutes (1997) (special provisions relative to certain communicable diseases), and 29 CFR 1910.134 ( OSHA standard for SCBA mask fit testing ). 15.05 The Union and the County agree to the concept of a smoke-free fire service, as supported by the Professional Firefighters of Florida. Towards that end there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. 1344 Additionally, all bargaining unit employees hired after October 1, 2000, shall abstain, (1..F both on and off duty, from the use of tobacco products. 15.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 15.07 The County shall provide immunizations for all employees who want request to be immunized at the approval of the Medical Director and Emergency Services Director as follows: Flu, Tetanus (every ten (10) years), and Hepatitis - (Type A and B) (every five (5) years). The County shall provide testing for tuberculosis each year, and Hepatitis C once as a baseline and after each potential exposure. 15.08 The Employer agrees to provide as a minimum an annual physical for each employee. This physical shall include the same testing as is done for newly -hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee, Medical Director, Emergency Services Director or his designee, Assistant Chief, and Human Resources Director, but shall otherwise be confidential to the extent permitted by law. 15.09 The County and the Union agree to the Drug -Free Workplace Program attached as Attachment A. T/A County Union Date: 05/23/14 135- ARTICLE 17 - STAFFING In negotiations, the Union attempted to introduce a requirement that eight employees be off on approved leave per shift and that that requirement be mandatory. The County argued that there are certain circumstances, such as specialized training and hurricanes, which would require discretion. In response, the Special Magistrate issued the following recommendation: The County will allow eight (8) employees off on approved leave per shift. Such approved leave may be denied and/or rescheduled due to (1) mandatory specialized training scheduled to be held during that time or (2) if hurricane conditions are eminent [sic]. In other words, the Special Magistrate attempted to address the position of the County. The County rejected the Special Magistrate's recommendation. In resolving any issue relating to leave time, it is important to understand the work week of firefighters as set forth in Article 16 - Hours. Shift employees are scheduled 24 hours on -duty followed by 48 hours off-duty for an average work week of 56 hours. In any particular week, shift employees are scheduled to work either 48 hours per week or 72 hours per week. That is scheduled time, before overtime. One overtime shift would put shift employees at either 72 hours for the week or 96 hours for the week. In light of the foregoing, leave time is important for firefighters especially in light of recent conduct by Fire Administration. Recently, Fire Administration issued a blanket order denying all shift exchanges. Although that decision was set aside in the grievance procedure, the Union is concerned about such blanket denials by Fire Administration when the word "may" is used. That is why the Union is proposing the word "will" which was adopted by the Special Magistrate. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 17 - Staffing which immediately follows on the next page. 13 C• ARTICLE 17 STAFFING 17.01 The Employer will maintain what it determines to be a safe and effective number of personnel at each station and sub -station during each shift. The Employer agrees with the Union that having three firefighters on an engine would be preferable to having two firefighters on an engine. The Employer will consider this fact when setting staffing levels. The Employer also agrees that no station will be reduced to under what it determines to be minimum staffing for more than four (4) hours per shift. 17.02 per shift may be granted a Kelly Day by the Fire Chief. The County will allow eight (8) employees off on approved leave per shift. Approved leave shall be defined as Annual Leave, PT day, or Kelly days. Up to two Kelly days per shift shall be selected first. Any additional employee leave may be granted only with special approval of the fire Chief or the Director. 17.03 There shall be no fewer two (2) E.M.T's per shift assigned to each stations. There will be apparatus (except brush trucks). IAFF Final Position October 9, 2014 137 L ARTICLE 18 - VACANCIES AND PROMOTIONS As noted by the County Administrator, there are now three sections at issue including Article 18.03, Article 18.08, and Article 18.09. It is important to note that it is the County Administrator that is proposing all the changes even though in May 2012, the County Administrator recommended to the County Commission those very articles he is now attempting to change. First, the parties just agreed that Article 18.02 (new Article 18.03) should require the Promotion Board to rank the candidates and forward the top three candidates. Despite just agreeing to that, in recent special mid-term contract negotiations, the County Administrator is now proposing that the Promotion Board not rank three but rank the entire list. Obviously, after just agreeing to the role of the Promotion Board, the County Administrator is attempting to demean that role. Second, in May 2012, the County Administrator agreed to the existing language regarding the requirement that employees be selected from the promotional list, but just months later in negotiations, the County Administrator (then and now) is proposing to allow the Director to "appoint" employees not on the promotional list. Quite frankly, that is outrageous. The County Administrator is proposing to allow the Director to appoint to promotional positions persons who are not eligible for taking the test, who are eligible but did not take the test, who took the test and failed, who had been recently disciplined, and even "hire an individual outside" the County. The County Administrator attempts to justify his sudden and unexplained change in positions by complaining that "employees have stopped sitting for exams." However, there are reasons why employees are reluctant to sit for promotional exams including the fact that there is no leadership program; persons are reluctant to take command in light of horrific conditions in stations; persons are reluctant to take command based on decrepit vehicles which have actually broken down on calls; low pay upon promotion; the requirement to enforce general orders such as a recent general order which may interfere with firefighters getting adequate rest. Instead of addressing the foregoing, the County Administrator's answer is to promote persons not eligible, persons who failed the test, and persons who do not even care to take the test. In what it refers to as (newly numbered) Article 18.08 and (newly numbered) Article 18.09, the County Administrator is proposing to modify the point system and adopt a procedure which was recently rejected by the parties in negotiations, rejected by the County Administrator, and rejected by the County Commission. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 18 - Vacancies and Promotions which immediately follows on the next page. 138 L ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The decision whether or not to fill a bargaining unit vacancy shall be within the sole discretion of the Emergency Services Director. Should the Director decide to fill the vacancy, the filling of the vacancy shall be in accordance with the District Personnel Rules and Regulations, except as modified herein. 18.02 Promotional examinations for bargaining unit employees shall be held during the month of September unless any promotional list is exhausted, then another test shall be held, and a new interim list be in place until the next regularly scheduled test is held in September. In the event a promotional list is exhausted, the Emergency Services Director shall have the sole discretion to reduce the years in service requirement by one year for the interim test. 18.03 18.02 The Promotion Board shall be composed of the Assistant Chief, three (3) Battalion Chiefs, three (3) Captains, and one (1) membcr of the President of the Union or his designee. - - - - . - • - - : • . The Promotion Board shall rank the candidates, and forward the top three (3) ranked candidates to the Emergency Services Director. The rankings shall be determined based upon a point system formulated in Article/Section 18.07 and 18.08. The Emergency Services Director shall select from the top three candidates the individual he believes, in his discretion, is most qualified for the position. 18.04 18.03 Each employee covered hereunder shall annually receive a written evaluation assessing his performance of the essential functions of the employee's job. The appraisal form shall be developed by the Employer -with input from the Union. 18.05 18.04 Newly hired employees shall serve an initial probationary period of one year. Employees hired on or after the ratification of this agreement shall be dismissed if unable to �3q c. pass the solo medic evaluation within two years of their hire date. Newly hired probationary employees may be dismissed at any time at the discretion of the County and are not entitled to use the grievance/arbitration procedures relating to their discipline or discharge, and are not entitled to payments of sick leave or vacation leave at time of termination. 18.06 18.05 Employees who are promoted shall serve a promotion trial period of six (6) months. If an employee who is serving a trial period incurred as a result of a promotion is found to be unqualified to perform the duties of the higher position, a good faith effort will be made to return the employee to the position and status held immediately prior to the promotion. If the employee's former position is filled, the employee may be transferred to a vacant position for which the employee qualifies. If no vacancy exists for which the employee is qualified, the employee will be placed in a lay-off status with recall rights. 18.07 X8.06 Upon successful completion of their trial period, Fire Inspectors who have at least five (5) years of experience with Indian River County Emergency Services will be promoted to Lieutenant Fire Inspector. 18.08 18.07 The following promotional process shall be followed: RAW SCORES: EXAM SCORES Multiple choice written test Practical scenario test TOTAL MAXIMUM RAW SCORE 300 Points EXAMINATION SCORES (300 Points max) TOTAL SCORE (300 Points max) 100 Points max 200 Points max .o . . • .sJ. The written test will be 100 multiple choice questions scored at 1 point each. The exam will be taken from job specific areas for each rank. Maximum score for written exam is 100 points. An employee who does not score a 70% (or greater) on the written exam will not be eligible to take the practical scenario test and will not be considered for the promotion. Additionally, an employee that does not score a 70% (or greater) will be excluded from working out of rank until / 40 the employee completes remedial training and is approved by the Emergency Services Director or his designee. For Officers the practical test will be comprised of scenario based situations that will test the applicant's oral and reasoning skills, as well as their incident management capability. For Driver/Engineers, the practical test will be comprised of two scenario based situations (driving and pumping) that will test the applicant's oral and reasoning skills, as well as their incident management capability. As in the past, they will need to recall and verbalize their instructions based on the SOP's, meeting prescribed benchmarks, as well as using their common sense and job experience. Outside evaluators from other Fire Departments will evaluate and grade each applicant unless otherwise agreed upon. Maximum score for the practical test is 200 points. An employee who does not score a 70% (or greater) on any portion of the practical test will not be considered for the promotion. Additionally, an employee that does not score a 70% (or greater) on any portion of the practical test will be excluded from working out of rank until the employee successfully completes remedial training and is approved by the Emergency Services Director or his designee. 18.09 18.0g — Once the top 3 candidates are determined based upon their raw scores (written and practical scenario test), the Promotional Board will issue additional points based upon departmental service as outlined below. Additionally, the Promotional Board will consider the following factors: job performance evaluations, disciplinary actions, working out of classification, college degrees, additional training courses, and certifications in ranking the top 3 candidates. The . - Promotional Board -will review the college degrees, additional training courses, and certifications to determine whether consideration will be given. Additionally, the Emergency Services Director reserves the right to interview the top 3 candidates. NOTE: Ties based upon raw scores will be broken by applying years of service points for Driver/Engineer promotions and by years of service and years of rank points for Officer promotions. In the event there is still a tie, the Promotional Board will consider the resumes of the tied employees. DEPARTMENTAL SERVICE (25/50 Points max) Total years of service completed; credit is 1 point per full year. Total years in rank completed; credit is 1 point per full year. For promotion from Firefighter to Driver/Engineer, only total years of service points will be credited. For promotion from Driver/Engineer to Lieutenant, additional years in rank points will be credited for time in Driver/Engineer rank. For promotion from Lieutenant to Captain, additional years in rank points will be credited for time served as a Lieutenant. Maximum score for Service is 25 points for Driver/Engineer promotional testing and 50 points for Officer promotional testing. t4' OTHER FACTORS TO BE CONSIDERED BY THE PROMOTIONAL BOARD — NO POINT VALUES GIVEN: COLLEGE DEGREES: BS OR BA department related AS OR AA department related BS OR BA in non -department related AS OR AA in non -department related CERTIFICATIONS An approved and accredited department related certification requires an examination or review to obtain. Certifications that will automatically be approved will be listed by the Training Division. Any additional certifications may be approved or rejected by the educational committee in the future, and added or subtracted from the list as necessary. EDUCATIONAL COURSES Any documented courses given by colleges, Fire/EMS or public safety agencies, or private companies that are job related and approved by the educational committee promotional board. EDUCATIONAL COMMITTEE The Educational Committee will meet and approve of all college degrees, certifications and In the event of a tie vote for approval or disapproval, the Emergency Service Director (or his designce) will have the ticbr akcr vote. All employees shall have a folder created in their training file to maintain the documentation of each employee's education. The educational committee Training Division shall review all education courses/certifications to be used for consideration before the promotional board meets. It is the responsibility of each employee to present current educational documents for their resume. If the documentation is not there, it shall not be considered. IAFF Final Position October 9, 2014 ARTICLE 19 - SHIFT EXCHANGE The current language in Article 19 - Shift Exchange has been existence for decades, is consistent with the Fair Labor Standards Act, and is consistent with regulations and opinions interpreting the Fair Labor Standards Act. The Union's position is that the current language should remain as is. Again, it is very important to understand that, in working 24 hours on -duty followed by 48 hours off- duty, shift employees are scheduled for an average work week of 56 hours or, alternatively stated, shift employees are scheduled to either work 48 hours per week or 72 hours per week. That is scheduled time, before overtime. Overtime is pervasive and even one overtime shift would place shift employees at either 72 hours for the week or 96 hours for the week. Throughout negotiations, the Union had indicated it could compromise and change certain aspects of Article 19 - Shift Exchange, as long as the new restrictions did not apply to shift employees performing Union business, or charity work such as the Fair, or education. The Union made is absolutely clear that, if proposed restrictions were going to apply to Union representatives, then it would have to have some type of Union Business Bank or the status quo should be maintained. The County Administrator's position never changed. Your shift employees work the longest hours with the least time off than any department in the local operating area selected by your Director. In the absence of the Union Business Bank, the status quo must be maintained. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 19 - Shift Exchange which immediately follows on the next page. 1,43 L ARTICLE 19 SHIFT EXCHANGE 19.01 Employees may exchange shifts when the change does not interfere with the operations of the Fire Department, and when prior approval is granted at the discretion of the Fire Chief or his or her representative. Chit forms shall be used for this purpose. 19.02 Sick leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. 32 ARTICLE 26 - MEDICAL LEAVE AND DISABILITY LEAVE In (newly numbered) Article 26.03 and Article 26.09, the County Administrator has proposed a reduction in the amount of medical leave bargaining unit employees can carry forward each year and the amount that is paid out upon separation from employment. These proposed three -tiered systems will "pit" bargaining unit employees against each other and are not justified by comparisons in the local operating area, peculiarities of employment, or by comparisons to the "current Teamsters contract." Bargaining unit members are coming off 7 years of no across-the-board pay increases during which time the State took 3 percent of pay for pension contributions. Just when one would think that increased tax revenues and an increase in the milage rate might cause this relationship to become normal, the County Administrator has gone on a whole scale unjustified attack on key benefits such as medical leave. The County Administrator also proposes changes with respect to Article 26.01, Article 26.03, (newly numbered) Article 26.05, and (newly numbered) Article 26.06. Many of the proposed changes simply make no sense and none of them were justified by evidence. The County Administrator did attempt to justify (newly numbered) Article 26.05C denying all medical leave in the last 30 days of employment unless approved by the Director. The County Administrator contended that employees are "burning time before they leave" and he had to stop the abusers. Unfortunately, the County Administrator used as an example a person who was present at the hearing. The employee explained the injury he suffered that required him to use sick leave and noted that all absences were supported by doctors' notes. The County Administrator's unfounded allegations of abuse are insulting. All of the County's proposals should be rejected. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 26 - Medical Leave and Disability Leave which immediately follows on the next page. ARTICLE 26 MEDICAL LEAVE AND DISABILITY LEAVE 26.01 ELIGIBILITY A. Full-time permanent non -shift employees earn medical leave at the rate of one (1) work day per month starting the first full month of employment. Shift employees shall accrue medical leave at the rate of one day (12 hours) per month. For purposes of computation, one full 24-hour shift will be equal to two (2) 12 -hour medical leave days. B. Medical leave may be taken as earned during the employee's probationary period. C. Frequent claiming of benefits under this rule will constitute grounds for the assumption by the Emergency Services Director that the physical condition of the employee is below the standard necessary for the proper performance of duties. Likewise, evidence of malingering or the abuse of this benefit will constitute grounds for prompt dismissal or disciplinary action by the Emergency Services Director. Employees suspected of abusing leave will be placed on notice and will be required to submit a doctor's note upon their return to work. Abuse of leave shall be defined as three occurrences in a 90 day period. 26.02 EARNING OF MEDICAL LEAVE An employee on medical leave for more than fifteen (15) consecutive working days shall not accrue medical leave for that period of time. 26.03 ADDITIONAL MEDICAL LEAVE In deserving cases additional medical leave may be granted with the Emergency Services Director's approval. 26.04 ACCRUAL A. For all employees hired prior to the date of ratification of this agreement, Mmedical leave may be accumulated for a total of no more than one hundred (100) days at the employee's anniversary date. B. For all employees hired after the date of ratification of this agreement, medical leave may be accumulated for a total of no more than (100) days. Any medical leave in excess of the (100) day threshold at the end of the calendar year will be forfeited without compensation. 26.05 USE OF MEDICAL LEAVE MEDICAL LEAVE MAY BE GRANTED FOR THE FOLLOWING PURPOSES: A. Personal injury, pregnancy or illness not connected with work. B. Medical, dental, optical or chiropractic examination or treatment. (Refer to "D" for members of employee's family.) C. Exposure to a contagious disease which would endanger others. D. Illness of a member of the employee's immediate family who lives permanently in the same domicile which requires the personal care and attention of the employee. No more than five (5) working days a year may be taken for this purpose without approval of the Emergency Services Director (see definition of immediate family in Article 24). E. Events in accordance with the Family and Medical Leave Act of 1993. 26.06 REQUEST FOR LEAVE A. To receive compensation while absent on medical leave, the employee shall notify the employee's immediate supervisor or Emergency Services Director prior to or as soon as possible after time set for beginning the L47 L daily duties. An employee in a unit operating on a twenty-four (24) hour basis must notify the department within the time limit established by the Emergency Services Director. 26.07 CHARGING LEAVE A. For shift employees, Mmedical leave time shall be charged to the employee in twenty four (24) hour increments except in the event that the employee uses sick leave after the commencement of the shift. Family sick leave may be used in twelve hour (12) increments per Article 26.05 of this agreement. For non -shift employees, medical leave time shall be charged to the employee charged in one (1) hour increments. for the actual time the employee is away from work. B. Medical leave will be charged in not less than one (1) hour minimum period for time less than one (1) day. C. Employees on medical leave for 21 calendar days or more shall provide medical certification stating they are fit for duty 24 hours prior to reporting for work. 26.08 SPECIAL CONSIDERATION FOR PRUDENT USE OF MEDICAL LEAVE Medical leave accumulated in excess of one hundred (100) days prior to the employee's anniversary date shall be compensated by paying the employee by the middle of the month following the month in which the employee's anniversary date occurs for such excess leave at the employee's regular hourly straight time pay. 26.09 MEDICAL LEAVE PAYMENT UPON SEPARATION FROM SERVICE A. Upon resignation or termination for cause of an employee from the Employer's services, all medical leave, current and accumulated, will be forfeited. B. Employees hired prior to the date of ratification of this agreement, retiring in accordance with existing retirement plans or having died will receive 100% of the base rate of pay for medical leave days accumulated. C. Employees hired after Ratification of this agreement, shall receive 50% of the base rate of pay for medical leave days accumulated. 26.10 Disability leave with pay shall be provided by the Employer on the following basis: A. The disability resulted from an injury or an illness sustained directly in the performance of the employee's work, as provided in the State Workers' Compensation Act. B. If incapacitated for his or her regular position, the employee may be given other duties with the Fire Service for the period of recuperation, provided the employee's medical condition permits. Unwillingness to accept such an assignment as directed by the Emergency Services Director will make the employee ineligible for disability leave during the time involved. C. A physician selected by the County may be used to determine the physical ability of the employee to continue on disability leave or to return to work. D. Except as may be modified by Article 26.11, if the disability leave is approved, the first seven (7) days of the leave will be charged to the employee's medical leave or the annual leave account. After the first seven (7) days, the employee will be entitled to normal Workers' Compensation only, unless the employee elects to supplement such Workers' Compensation benefits with any accrued medical or annual leave he or she may have. In no case shall the employee's total compensation from county pay and Workers' Compensation exceed his or her normal compensation. E. No new medical leave shall be accumulated during the period an employee is off the job due to injury. F. At any time during the period of disability, any case may, upon request, be reviewed by an authorized County physician who shall recommend retention, reduction, or separation to the Emergency Services Director. 26.11 In the event of a combat injury, generally defined as occurring from the point of alarm to the return to station, an employee will be paid an amount equal to the employee's normal earnings by use of District funds or a combination of District funds and Workers' Compensation without charge to the employee's medical or annual leave. This coverage will be extended to other hazardous activities, if approved by the Director of Emergency Services after a request for approval of such paid disability has been made by the Emergency Services Director and the union president. The Director's approval shall not be unreasonably withheld. 26.12 Bargaining unit employees shall not be entitled to light or restricted duty for non -duty related illness, injury, or condition (such as pregnancy), except as required by applicable law. 26.13 Bargaining unit employees shall be eligible for up to 12 weeks of Family and Medical Leave in any twelve-month period, in accordance with, and under the terms of, the Family and Medical Leave Act of 1993. Employees on Family and Medical Leave are required to use all paid leaves before going on leave without pay. IAFF Final Position October 9, 2014 150 ARTICLE 28 - ANNUAL LEAVE The County Administrator is proposing various reductions in Article 28.01, Article 28.02, and Article 28.03. The County Administrator's justification for proposing another two-tiered system which places new hires with different benefits with respect to vacation leave, vacation carried forward, and vacation pay outs, is that the "Teamsters accepted it." With all due respect to the Teamsters, that is not a basis for these changes. First, again, no employees in the County are scheduled for an average of 56 hours per week. Firefighters are not like Teamsters and are not like other County employees. The work week of firefighters is entirely different. Reductions in annual leave benefits are not justified. Second, the comparisons with other departments in the local operating area establish that your firefighters simply receive less time off than any department in the local operating area. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 28 - Annual Leave which immediately follows on the next page. L ISI ARTICLE 28 ANNUAL LEAVE 28.01 Employees in the bargaining unit shall be entitled to accrue paid annual leave on the following basis: 1. Eleven (11) working days vacation for shift employees and ten (10) working days vacation for non -shift employees shall be earned each year for the first five (5) years of continuous employment commencing with the anniversary date. 2. Sixteen (16) working days vacation for shift employees and fifteen (15) working days vacation for non -shift employees shall be earned at the start of the sixth year of continuous employment through the end of the tenth year of continuous employment. 3. For each additional year of continuous employment, an additional day of vacation shall be earned up to a maximum of twenty-one (21) days per year for shift employees and twenty (20) days per year for non -shift employees: CONTINUOUS EMPLOYMENT ANNUAL DAYS EARNED SHIFT NON -SHIFT 11 YEARS 17 DAYS 16 DAYS 12 YEARS 18 DAYS 17 DAYS 13 YEARS 19 DAYS 18 DAYS 14 YEARS 20 DAYS 19 DAYS 15 YEARS 21 DAYS 20 DAYS 28.02 Forty-two (42) days may be carried over from year to year, however, an employee shall not be allowed more than thirty (30) days annual leave in a one-half (1/2) year period. 28.03 Employer rules and regulations will apply regarding notification and/or pay for annual leave earned above 500 hours. Employees retiring after entering the DROP will be eligible to receive up to 300 hours of leave upon separation. 15 1 28.04 Employees with the most time in total service years will be given preference when granting annual leave, during the seniority months (November, February, May, August). 28.05 Non -shift employees shall receive one (1) personal day to be used within each calendar year in accordance with the vacation policy. IAFF Final Position October 9, 2014 L L r53 ARTICLE 33 - INCENTIVE PAY Article 33.10 remains at impasse. The Union disagrees with the County Administrator's recommendation for two reasons. However, certain background needs to be presented. The initial requirement to become a paramedic in the State of Florida is state certification. It is undisputed that in most departments, once a state certified paramedic passes a protocol test, that paramedic can function as a paramedic. This is crucial because a protocoled paramedic is required for any advanced life support unit whether it is an ambulance or a fire engine. In Indian River County, unlike any other department, there is a third level of paramedic which is called a "solo incentive slot." These so-called solos are the only persons the County will allow to make a unit advanced life support. In other words, there are qualified paramedics who have passed the protocol test who the department does not allow to function as paramedics. This rather bizarre system has negative consequences. First, by agreement, the County funds 86 solo incentive slots in accordance with Article 33.10. However, the Director has never filled all those slots. For example, at the time of the hearing before the Special Magistrate, only 78 of 86 solo incentive slots were filled. The reason why the Union is proposing that the Fire Chief be required to fill all 86 solo slots is that it would have a positive impact for both bargaining unit employees and the public. With respect to bargaining unit employees, when the Director artificially reduces the number of solo incentive slots below the number funded, it makes it difficult for solo paramedics to take vacations, choose Kelly Days, and engage in shift exchange. Furthermore, the artificially reduced number also creates pressure for mandatory overtime and overwork for the solo paramedics. With respect to the public, artificially restricting the number of solo paramedics, supposedly to save money, has to be detrimental to the public as the number of persons being able to perform paramedic functions in the field is being artificially reduced. All the Union is asking is that funded solo incentive slots be filled. The County Administrator's refusal is unconscionable. Second, the Union is asking that state certified paramedics who have the protocol test be allowed to function as solo paramedics. Allowing protocoled paramedics to function as solo paramedics is in the interest of the bargaining unit and the interest of the public. It makes more functioning paramedics available for contractual purposes and there can be no doubt the public would benefit by additional solo medics. According to the County Administrator, a state certified paramedic who has been protocoled by the medical director cannot function as a paramedic in the field. This attempt by the County Administrator to save money operates to the detriment of bargaining unit employees and to the public. Local 2201respectfully requests that a motion be made to adopt the Union's proposal for Article 33 - Incentive Pay which immediately follows on the next page. t54 ARTICLE 33 INCENTIVE PAY 33.01 An employee of the District who has successfully completed a certified diver's course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.02 An employee of the District who has successfully completed a certified Smoke Diver's Course and self paid the expenses shall be given a pay increase of twelve dollars ($12.00) bi-weekly. 33.03 A. An employee of the District who has completed a total of eighty (80) hours in courses approved by the Educational Committee will receive a pay increase of ten dollars ($10.00) bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Educational Committee prior to enrollment. There will be a maximum of four (4) eighty hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this agreement. C. The Educational Committee will consist of the Fire Chief, Deputy Fire Chief and two (2) members of the bargaining unit. Should the vote of the Committee end in a tie, the Fire Chief shall be given another vote to break the tie. This committee will establish criteria for sections 33.08 and 33.09. 33.054 All personnel that are certified in Heavy Rescue as of 09/30/85 will continue to receive twelve dollars ($12.00) bi-weekly for that certification 33.065 The incentives offered in this article (from 33.01 through 33.05) shall be available only for employees who have qualified for the particular incentives by March 24, 1994. SS 33.046 An employee who is qualified and certified as a Paramedic may assume the duties of the E.M.S. Coordinator or Training Officer and shall receive a pay increase of sixty. dollars ($60.00) one hundred twenty dollars ($120) bi-weekly. There will be a maximum of four (4) E.M.S. Coordinators or -Training Officers in the department. 33.07 Four (4) Special Operations F.T.O.s per shift, total of 12 slots, shall receive sixty-dellars 00) one hundred twenty dollars ($120) biweekly. 33.08 Forty (40) Special Operations (Technician Level) per shift, total of 120 slots, shall receive thirty five dollars ($35.00) biweekly, so long as they maintain their certifications. Only one incentive per person. 33.09 Non -shift employees shall be eligible for one (1) pay increase of twenty-one dollars ($21.00) biweekly (maximum of six individuals) when they become certified in one of the following areas: State of Florida Instructor II or III State of Florida Inspector II or NFPA Certified Inspector I State of Florida Investigator II or IAAI Certified Investigator NFPA Certified Fire Plan Examiner I or NFA Plan Review for Inspectors 33.10 To be filled at Fire Chief's discrction, t The County will fund and the Fire Chief will fill 86 Solo incentive slots for FY 2013/2014. 74 Solo Incentive slots effective October A.. A . total of 86 slots. • • • . • _ .... . Effective FY 2014/2015, any Fire -Medic who passes the protocol test will be allowed to function as a solo medic and eligible for the solo incentive. 15' Months of service Non 7(k) Exempt 7(k) • 0-36 months $.90 per hour $1.00 per hour • 37-72 months $1.26 per hour $1.40 per hour • Over 72 months $1.62 per hour $1.80 per hour The amount of additional pay for Solo Paramedic status shall be paid bi-weekly as long as the employees maintain their solo paramedic status. IAFF Final Position October 9, 2014 L L 151 L ARTICLE 34 - SALARIES The parties are at impasse over pay increases both with respect to across-the-board increases and step increases. The Union's proposal is straight forward and includes the following: for fiscal year 2013-2014, a 3 percent across-the-board and step increase effective April 1, 2014 [which is the amount of money the County originally proposed]; and for fiscal year 2014-2015, a 3 percent across-the-board October 1, 2014 and a step increase on the anniversary date. For fiscal year 2013-2014, the County Administrator's position has degenerated from 3 percent across-the-board effective October 1, 2013 to 3 percent upon ratification to no across-the-board increase at all. For fiscal year 2014-2015, the County Administrator is proposing a 3 percent across- the-board increase and a step increase [which is indistinguishable from the Union's proposal except for the effective date]. For fiscal year 2015-2016, the County Administrator proposes continued negotiations and a step increase under a new proposed step plan. For fiscal year 2013-2014, the Union is proposing a modest 3 percent across-the-board and continuation of the existing pay plan [as opposed to the County's regressive proposal of no pay increases whatsoever for fiscal year 2013-2014]. The Union's position is supported by no cost -of - living increases for seven years; cuts into pay by the State Legislature; comparisons in the local operating area which shows your firefighters making thousands of dollars less on an annual basis while working more hours; a frozen step plan for five years; and increases in the cost of living by 13.8 percent in the time frame involved. The Union's pay proposal is very modest. It attempts to provide for an across-the-board pay increase for fiscal year 2013-2014 and the revival of the step plan. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 34 - Salaries which immediately follows on the next page. ARTICLE 34 SALARIES 34.01 Upon receiving Firefighter certification, Paramedic 1 will be placed in the Dual Certification pay scale, effective the first day of the next 28 -day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5% rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in, their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay. 34.02 For Fiscal Year 2008401-12013/2014 and for Fiscal Year 2014/2015 bargaining unit employees will be provided wages as follows: A. For Fiscal Year 2013/2014, bargaining unit employees shall receive a three percent (3%) cost of living increase effective April 1, 2014. In addition, eligible employees shall receive a step increase effective April 1, 2014. B. For Fiscal Year 2014/2015, bargaining unit employees shall receive a three percent (3%) cost of living increase effective October 1, 2014. All eligible employees shall receive a five percent (5%) step increase on their anniversary date. C. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. 34.03 The County shall indemnify, exonerate, and save harmless the Union from any claims and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k) exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. IAFF Final Position October 9, 2014 0 U_ SW W cc LL V CO CO tom!? re lD V 00 CO LO" M O eT co ct M co t0 m m .--i N m M O N Ln 0 N t0 0 r N tO 0 O 0 tO t0 N r 0 Cl/ 0 0 N r 'ct N r rn 00 03 tO CO' N 0 vi 0 Ln aah O M 0 r 0, 0, M ct v? M m V I 0 m 00 O r-1 m v 0, 00 m 00 O . r O N M LO N C -I" Cr LD a-1 0 00 CO" O O 03 03 CO" 1 V vi LO t0 O V 4h C31 m ui O 00 in t0 M .-e 0 r e` C11 1.4 O N v of O CO" m 0 LD0 0 0 u 0 m LL O eri en u W W Ll. cc W W w W a N N N r eT Ln i!) O O to 0 0 m N co O LD -V1- 0 0 CO Ot O 0 t0 Ol O O 0 00' m m N to 0 O CLICIN t0 r CO r 0 10 r m tO 01 LD 1.40, 111 CO t0 LD M r t0 L'11 0 0 tf1 00 0 to m 0 0 00 Ci M e% 0 LO O to m 01 N 01 M CO O 1J 0 L.0 N N 0 .-1 00 0 c-1 N 0 N re; 0 LC) 00 UT 0 0 0 O 0 O co 0 O O LA' M m m t0 m N O d 0) a 01 0) CO 09 91 a 0) CC c d 3 u O m m 3 0 etc en LL 00 LD V O O m N O 01 t0 t0 r t0 m 00 t0 LID r 00 t0 0 N LID N CO O m 0 ut 0o V O m N N N r (-4 r N eS O O to O t0 M N co O LD 0 00 LDO t0 N O1 O 00 0 m 00' u1 V m Ln ut O O t0 0 r Cr; r O 01 r cr.) a) 01 t0 to m tD LID m r m 1.4 0 m 00 01 0 Ln -1 r 00 O N tri vli m 0 CO 0 t0 O m M 01 an - N V 01 m O O 111 O tD V tO CO LnN an 0 a 00) Lel 0) 0) 00 c 0) 3 U 0 0 eri m M CAPTAIN FIREMEDIC Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Current Reserved Reserved 1 Reserved $56,609.80 $59,273.24 $62,068.76 $65,004.68 $68,087.24 $71,323.98 *FY 13/14 - 3.0% $58,308.09 $61,051.44 $63,930.82 $66,954.82 $70,129.86 $73,463.70 **FY 14/15 - 3.0% $60,057.34 $62,882.98 $65,848.75 $68,963.47 $72,233.75 $75,667.61 00 T CO N m -i N N 4.4Cdj N 00 O 0 LD O LD 0 O O 0 0 r 00 t0 0 LD N CO r N O1 01 0 r m LD V r 0 CO Di 0 LD 0 aLIIn O/ 1) 00 0 CO Di N O r N CO V to 01 LO" LD -0 0) 00 N O 0 m 01 cri (0 0) 0) 00 .-1 O —4 0 c a U t0 r t0 t0 m O 00 0 CO 00 01 r cr.) m N N r r m l0 O1 CO" 0 1 N r CO a CO LAO" 00 O1 N 00 CO N 0 V/ v 0 O 0 0 0 m a M } 4 O m 0 LL • 0) 0 0 0 0) C L 4- 0 71032 eu w00 m w o� E w E IllO 0) v H 0 s H LL O ID - • u") N Lnu, L O 3 Y 3 0 • N • .4 N at N • O u Q 0 > > 0 0 WW � a 0 O fO 0 CO e0 O • 0 fC 0 0 U U mm m m O 0 0 0 0 0 a a 0 O` 0. d g o c g C E D Proposed Salary Plan - 10/9/14 N N 00 m O Lf, iA 00 VD 0 4/3 LD If, N n n tD Ln a)4 N N m tO 0 L lfT N Cr) m N O V, N O n N 1.0 14 Lf, LA. f Ir Or bA CU • , ~S G W \ CeW 44, �._- h- en _ w cu LL V f W Q L VI� cc L 0 eg lD .-i .-i O d t0 t1} 0, .-i m O, n n to 0, a> tD N N 01 1 N n N n Ln 00 a, <-L rn LO ai - 0) N N m Lf, 0, .-i N' . 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O, (.0 O L0 LO l/A m d m e-4 CO LD t/} LO T-4 O Ln 10 LD 4 1.0 01 0, a M LO Lf, l0 O a Lf, LO N l0 a, LO 00 r) n N m tf, O tO 0, 1.0 CO d m N t0 a) N 00 co LO 0 lD Ln tl? 01 tD 0 n n LL, N 01 00 M d 01 L1, d N 00 CO m m L1, 0 m LO 0 Lf1 Lf, 1 Cr) n tO 10 1.0 LO Lf, 1R 0 m a) OC a) a) 0) Li 4) a, C1) U) K 0 11-4 m LL 0 m Ln 11 e-1 * a) (00 coa) Q) 0) s C 0 a) .00 O0 1 W a7 0) 0 o E • w E W N 0 O L F- LL o ° Ll Y Ls N VI ▪ in o s lP Y r Y d 3 0 Cr N O N eI JD 0 L U < 0 C./ d U ▪ U U) W v 'o O 0 m co ✓ a) s .c Y Y N N O O` a a f0 (o 0 0 m o m m 0 0 m (0 O 0 O • O` 0_ d C C O _O C 0 w * Proposed Salary Plan - 10/9/14 L ARTICLE 37 - DURATION AND RENEWAL The County Administrator is recommending a three-year collective bargaining agreement covering fiscal years 2013-2014, 2014-2015, and 2015-2016. The County Administrator argues that Local 2201 has offered no rationale for a two-year contract and a two-year contract makes no sense because "the parties would have to begin negotiating the successor contract in mid -2015, only a few months from now." It is the position of the County Administrator that makes no sense. First, the County's proposal for a re -opener in negotiations for fiscal year 2015-2016 would cause the parties to have to begin negotiating in a few months from now under either proposal. Second, the County Administrator's recommendation for fiscal year 2015-2016 is a complete abolishment of a pay plan that has been in existence for decades and replacing it with an entirely new system that was never properly explored in negotiations. It makes no sense to rush into that new pay system without further negotiations. Under either the County's recommendation or the Union's recommendation, negotiations are going to begin immediately. Local 2201 respectfully requests that a motion be made to adopt the Union's proposal for Article 37 - Duration and Renewal which immediately follows on the next page. Ito3 ARTICLE 37 DURATION AND RENEWAL 37.01 This agreement shall be in full force and effect from Octobcr , , 200 4 4 3 to September 30, 20442015. This agreement shall continue in effect from year-to-year thereafter unless amended or terminated in the manner hereinafter provided. Either party desiring to amend or terminate this contract shall notify the other party in writing by I'cbruary 1 of the year in which the contract expires. 37.02 If the parties do not reach agreement by contract expiration, the existing terms and conditions shall continue until a new agreement is reached or the impasse is resolved. 37.03 The Employer shall not reduce the staff levels as they existed upon the signing of this agreement, with the exception that staff levels may be reduced only as a result of attrition and the Employer will not institute layoffs in the event it limits its fire fighting activities. 37.04 The Employer agrees that its operations, or any part thereof, shall not be merged, assigned or otherwise transferred without first securing the agreement of the new employer to assume the Employer's obligations under this agreement. IAFF Final Position October 9, 2014 I604 MATTHEW J. MIERZWA, JR. tr,MARK W. FLOYD RICHARD L. OTZEL JACQUELINE L. SPENCE LAW OFFICES MIERZWA & ASSOCIATES, P.A. March 19, 2015 Wesley S. Davis, Chairman, District 1 Joseph E. Flescher, Commissioner, District 2 Tim Zorc, Commissioner, District 3 Peter D. O'Bryan, Commissioner, District 4 Bob Solari, Vice -Chairman, District 5 Indian River County Board of County Commissioners 1801 - 27th Street Vero Beach, FL 32960-3365 Dear Commissioners: 3900 WOODLAKE BOULEVARD SUITE 212 LAKE WORTH, FLORIDA 33463 TELEPHONE: (561) 966-1200 FACSIMILE: (561) 966-1231 Re: PERC Case No.: SM -2014-025 Indian River County Firefighter/Paramedic Association, IAFF, Local 2201 2013 Contract Negotiations: Public Hearing File No.: 122201.2130 As you know, this firm represents the Indian River County Firefighter/Paramedic Association, International Association of Fire Fighters, Local 2201. This past Tuesday, March 17, you received from Local 2201 its recommendations for settling the disputed impasse issues. Attached is a three-ring binder which includes various documents which will be relied upon during the hearing on Friday, March 20. Thank you. Sincerely, IlloAtI4 ft.') • Ai Matthew J. Mierzwa, Jr. MJM:jg /J(, c John O'Connor, President, Local 2201 (via email only) Kevin Delashmutt, Vice President, Locall 2201 (via email only) Richard Ridge, Vice President of Legislative Affairs, Local 2201 (via email only) Bruce Anderson, Secretary -Treasurer, Local 2201 (via email only) Joseph A. Baird, County Administrator (via hand -delivery) Dylan Reingold, County Attorney (via hand -delivery) Jeffrey E. Mandel, Esquire (via hand -delivery) 165 Support our Veterans Please stand and be recognized 1i4 0 4-J O Q nternationa of Firefighters L2201 101 co 2 s cz Ax v) _.W c L O O c >. .- 4J Q o +, (r) •� .0 4 . _ C -' U o cm 75 V 4- •> Q o to 71) +� - co C 0 C CU O 0 • *E . � Ecu cu = cn C O D n3 nN 0O a, L 0_ a) (� C a C f 6 c `l.� a) co - 2 o Q) LE 4- 4 ) � -1 on a communication dated August 5, 4-J .- > ▪ ICU O -0 - N .2 •n U CU N .0 0 c6 G- a) o0 ��O - _C co n a) - • XL) _c O -0 4-)- I-- N — w — • • • • 2014 as an item at impasse. 4--+ co N Q) U a--+ ca au 4J 0 0 -O Ca CI) s_ - Ca CU CU• 0 CUU 0 (1) (1) CD 4-1 4- a.) • Q E o(J7 PETITIONS CONCERNING REPRESENTATION 60CC-3.005 .11.:4 T ' '--AU g rN y a>. w 'q 3 c > mi Z °o °� s 0• xU d 2 0 3 cG z C 0 0 T ti c ,• <,..,, 3 0. 6. s v. o m 'c E ° .. c .8 Ili m rig 0 `, ;-. 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O +�9a i ��111 • [Z4 cc' V N .may N W i g a0 a)0 ii+ O 00 NtA w .O a) 0 >> Oa r4 ,b O O 00 SI moi+ 0 0 ¢Sa 0 0 o U J 0) M4-:: b p i U U n ca I L A 3 •x w 0) W a i 0 0 0 U 'b a) "Ci Cu) > a) >, 1:1 N b w v ..a 0 ,� a`)) U p" w L40�.(4WA.U.N •ylO2 i g to i• i' 48 o -, o i aGi 'lig I 1 I 1 1 1 1 1 1 1 , a+ 01 c} L!1 l0 00 01 N 00 ,--• M d' h i ^' .. — N N N M M M M i a) C) a) a) i a) i a) a) U a) i a) U i 0 U U U 0 U 0 0 U U U 0 We look forward to seeing you. 113 CO 37 FPER 99 Public Employee Reporter (Florida Edition) 1-7 4.3 cu Q W cn O 1 cu • U i Q O ro O a) E 0- a) cu 11 O O +J a) a) CU CU E E O cu vi 4-1 0 w U taD -1--� 0 O O O c L- +-) Qu c - 0 Q_ E E O w () U E v) an L (Du cu te-+ i _c a) c.b E 4-J co aA - ▪ _o LT. w c_ cu cu 4-J -Q+ 0 U • • ca CU C O bA # 4E U a; .- au cu r • N _co 0- O Q 0 ro acT r_i -C >U CD CU 4- i 0 ▪ v) < -0 Q. • i15 O ca 0 c w E Q) CT CU CU 11 CU CU 0 C 0 CO C a) E E 0 L_ otu • (1) 0 c/) _c a) tin - LE w O O Q) LL a) c cU0 c cU co E cu 0 > CU O Q C c6 r E 0 c D s_ 0 C 4- 4-1C CU0 4- al CU (0 .c bO c (0 E CU IC U LE CU C co O c 0 CU � _CO tIO • cu a) U '�L .L_ Cl.) ii 73 c w E Q 0 cu > 0 a) C-') Q 73 c (0 E 0 .c m 0 co ca c 4- c 0 cO a-+ O 4A CU c OD m a) 4-1 ICU LC 0 CU Li - CU s I— • tan C .v) U s_ L_ 0 CU ca c E Q .= 0- > CD 4J O 0 c ca E 0 C L.- 0 O (1) 4- c v +, CD co E c O E CU ca cu 0- 4-4 0- Q CU 73co CU viE cu O 03 O •> O 10 Q O Q • 17L C ▪ O L ri m (1)...... 4— 4- 70:3 -°' u E CD pcn cn • CO 4- }' -N CO - -o 4-• c cu o co . 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N O N N N t h w 0) —a) " — sU .-IU ^ v v 00 F.+ C, O O 0) o ti o• ... Co) 0 0 O O ao3 June 16, 2014 ZOLI June 16, 2014 June 16, 2014 18 September 2014 1. -- co co W O Op > C w U E w N t7 � t• f a o,.73 Cs aL. w a O 0 0 c Dear Ms. Martin: a E(,) -',1') N m0, ooit a) NW .Y.' W o CNCl- �UQi Oo c 'UO O ^ L N v w 3 c c ....7:41.- • d C 0) "O al LL 0 _ o u� 0-0 c 0 a`) ���' N a) c V; It a) G 3 'O Q .O d c0 O a a) p `p L �- cn E U o cn A o V ;(') N c W N >, c 'C7 O (0 p O as N im° 0> -",- Ce2 �E nN cd >. as V 0 " Q 2c N c - U O T U 0 0 0 0 C o Q --O w vi 0) N > � L U `- ( wc.. O mcr w o o m ui Fs L c f- dia o c �2 Wc m 3 c o � 0.N_ _ N.0 U O V g - .°o- acN a� 6' C YO O Q ijift O r) L .O O N as m c c 0) o U20 0 cTN T.-.) .E. c '- Q 'C N a) E c a)E>c cco o.cc ( d C N ` O Cf) O >' w (9 At C C7 a) L 0 oo N"00�0p0 3.a aci Q w o CL aa)i � ca c E U a) U as a cC 9 '� L U f0 o Q L C o m 0 0 0 @ C --f. {'0 3 3 > F.. as c.;T. c rn a o CU O . CD CO N # U12a, (d)\-...„„...:5„ T3 E 2� C3 W w 0 E 2 CD III c 0- o 0 a < < Q) cL O QUO 2 ce ce 0_ ai c c c n. 0 O CDGCL C N Q O O c O (0 oL [3d J Attachments: P:18380 IEQIPROJECTS12014-Projects11233 RRC Four Fire StationslStafion #711233 Report Station#7.do c9 2N _mcoo 111 00 :02E ui `<-01-� adz - o c v) ca ' 03 0 txo .> ▪ 0 v) i ca -o >. O c O .,) Co C 4) -0 U • Q U CD 0 -0 -0 U *+7) c cu CZ a/ E -+S Cps- = rt3 a) _c .c a) 1E5 E cn O O EC U Q00 Q Q °6 00 (.13 c c CUV L. ci)O O� U U •rt3 o .v) r3 ' ' "a) 7:5 ..-2 CU 4-J r3 -0 7:303) -1E 7:3 -1-1 E Cf) };r• a�c�;,��� iu *.+-a L.r) c a, o ,, 0 T--1 0 CD cu" 0 0_ CU w 1 JD 'O CU >% lc N w - Q' Q) +•� O O . -0• — +., (/).. z O U O ca 10 ca >� cn `� a (15 I) Co •+7JC CU> (UV; L L 4--+ ',, N •t. < .E_ c'3, — U .N V) V C C1(1) '4; <t%.° "1:0 WCI) CO < V)(1) CC • C— CO 2 X • 73 . L.- 4-- .4-J • • 208 tap > C L- - - CO 1 • (1) L. Q) • L. 0 t -CV L. +-) a) L. CU m 03 CU 4-%:°J -0 0_ 0- = v) b13 i) cri to _ .� -- 0 a) - •c o O� o O C ct3 >% CD CI. ma C13E 4.—J 211' E O (1)+.4 t+— a3 E cL) cu cu L. s -0 (0CU (/) 0 O a, +-, , I 0 . E. -F, n_o E ,1-) Li)ii- V O O x --i O >, L. 0 N (1)(f)0 a) a-' cu )c V Lc" 4_, _ 4-J cu c , cu r -I . 0> C�0 V O Q) s.-0 v) r_ 4) a) L. V) m +_, < .v) a) 2 ." co . - c) c cutuo Ea) E 95 .__ cu L._ 0 -0 u I— O O ' mcu a) +., :-. m co 0 • • aoQ December 22, 2014 210 %1 t1 c O 9471 CO ui December 22, 2014 ali December 22, 2014 a)a 0 I-1 C O CU41 December 22, 2014 N Lfl .P..I3 c 0 CU 4-' December 22, 2014 December 22, 2014 a,s 0 c 0 7Z co v) January 18, 2015 A1G 0 C 0 CD 4-0 IA January 18, 2015 0 c 0 47. 03 tn January 18, 2015 0 C 0 +3 RS January 18, 2015 al 0 TI C 0 CES VI January 18, 2015 ago 0 0 c .47; Ca January 18, 2015 I 0 C 0 co 4-0 V) �3 0 VI c O ru V) ,as e --I I --I c O 9470 CD 4-0 VI September 28, 201A a.c Station 11 January 18, 2015 2 ),7 3/18/15, 11:43 AM Licensing Portal - Lic 41:49 AM 3/18/2015 Data Contained In Search Results Is Current As Of 03/18/2015 11:39 AM. Search Results For additional information, including any complaints or discipline, click on the name. Status/ Expires u zow 'm License Type NJ 76 N • \e, , • �ol ev el oq/) U. (/ ( (/ 10 . ( 10 . ]] a oz � o .0 \ � \� Zk LU r▪ r W• W }j W▪ W WW hi, NN ,NNNN 0 \ OCT 4 the address where the place of business is physically located. k k ti 0 k The State of Florida is an AA/EEO employer. �i2 a) 3 O L c O N v C • m 0) C_ o. w 0 N m (I) C a) -O ro .c a) 3 .O U O 0. m cn TO j cci) F- O Ct. 0. RESPONSIBILITY: N L O ▪ a) 4- +- C 0 t 0 0 •o co c t T. o • 0X`l in 8 (n Q. --com o ° z c ocumc, • U '> -o - > a) N C N O c a) m 'C L m c a) N cp e .0 .a • am•- m ' O C J > C� C 0.(I) m 0 Ira �- 0 C N o n_aal1 (I) m 0 =iu o L -o C Ncu m • a) m C -p .N Te -t-7,-)0< Z7 C N m 0 U O o a) • +-' Tti C C cn a) C v U) a) �L 0 a)E Q•� F -E - a t� N N N PROCEDURES: e+f (1) _ 0 — L L of Q O 7. C L .a 0 O2 L N C O .O O _C 0` .0 N o m '5 m (0 m ocu�a) a) ES°v � o 0E � ; 1NLa ) � Nm.mco. .C.0�oJt0 O N ID4-(3s�6 w -0 'alt • 0w ao_ca L LTU 'n 0 �_ O O C o 0 O L cL C C cL 0 C ,. -0 el a).9_a)am�w 0m 0) -0p a Tu. }U > en C7 .N C a)C D iii -Q O — V' m m 'p L C a) O • YmO CO )c>t%aa)rna)cro� LO O O a) Q O O = ..U) N .-15 a) v� a 0 v)LO, q. n. 0 >, E- TD' - ID Cc oo-v°)co 0c- my° C C `5- -o j> o O r a ca) m 0- NLI z• re; a) c E 0 a) cl .0) 0 .0 Q cn 0 A o U m_c O c N o O +. _ C N 0- m "- p) 0 0 +- C 0 a) Q• .O c -0 m O 0 E O- 0 I ,C O to TJ 1:3 0 3 N Coma 0 a •a O O N C .a t`0 O 2 Li '00 q0 a) o0 .n I,tLLQ.-. e- N CO INDIAN RIVER COUNTY RE RESCUE LL Respiratory Protection Program iuly 28, 2014 a30 L 000 } � 1 c / } ) k g Date of Result: 8 Participant Identification Number: Mycotoxin result: § k / 0 ) 2 k2 a. # a. § ZZ Z a. a. NP o.0 m 1.827 ppb 438.28 ppt Aflatoxin M1 \ Z3 § Ca , 5 E § _ ] k •§ @ Ochratoxin A §fc" E o u g �°4 />.2® o t- @ F- 48 f, 61)o §{ QJ E o c { a ° H\ c cc QJ t o a- sE o Fcu cr4 § / CJ00 8 -o2 - r4 o a % 4®a« = D e & ƒ ;2> c o. 0 °Q.' 2 c 2 LoLD , # § 7.3 \k\9 c 4) 2j@22 c — t o to E �— - * () j 2 FINAL REPORT j $ � a3� MO CD 1 N rmi V • L.- < Q CU L ell— L_ LL 0 CU M c CZ 4-0O 0- E •_ c ca c/) 4U • c .O CO U CO > c 4U 0 0 ca I 4u E s _c +-; v) CU CO D N _C CU _Q 75 > ca c13 CU 03 L_ • C3 4- . CU U U D 4U CU V) L_ V)eu.. e ll— . CU CU • • • LI - 0 CU CO a--1 (/) CO CSA c 4U CU C co c O (13 4) 0_ 0 c O -o 4u ca a) E .4--J . c ca ti0 . c a33 vl 1 a a 0 a 4 a 4 U. o� o, ltu N o, M ei u. eha V 1 aj N cu a.) t i- aeil O O vuiO Q v N N N vii 0 I J 1 FIS oftui 0 CU O O N 2 3 LI Article 18 — Vacancies & Promotions m O 00 4u V 4J .cw O c O • W O 4u 0 � � - O cNn +.) _c O 4-) _c +� 0 ca c6 w Su O w ca 0 G) 0 0 m a) 0 4-0 CU 4-0 4U 00 O 00 4.) .V CU O co .O 0 E 0 L._ cu _c +-a 'O Q. O c O c0 0 0 co au _c 4-) O cu 0 a) 4J a) V CU s. 4-0O CO4-0 a) V L._a) LL w s . C ._ .cn v) 0_ ca ca E cu L 0 4-)4-)E V) V) CU 4-0 4-0 co L_ cu 4U LL CU • O 64-• co V - o 4u a) 4-0 co 4-) V) cu -a ca -o L_ ca 0 m Promotions . 3 8 1 11. .... 4, ..., .g g c0 r e 1 H 7:1 0 r... - , F 00 U ei g 05 '5 _ •,-.3:.., -2 1 )3 C. M 0 II9 X, a 0 :". rtcosi 1,) . g V 2 -2 13 .2 " 9 t• I 4, 48 4 4 ci P G. ci. `c2 .5 1 u eg ,_1 al al ci n 41 — -t g . u 8 S 3 ,..3 , rg .'d 54 ..., u . l... i ,2 - Z? •-cq 8 ou - ..... ,i• g, -R /a co cl -il gl 2 r0 rfi :1 . .P . '' ..- i, g 1 4 :0 .0 i '—',o .• ,.._, 5. ' .5 75 .C3 4 l 4 2 a l ›, alg'46e =RN:itr; zz;.1.-L8' 1 u 8 1 -Iii t r: o61 c)./g3 Ig.11141 A11111 a ,-. r-1 cn N 6 L.- a s „, •••i• 4'1 a34 (n s_ L (1) CU . O C _C aA > OD c >. O CU .1—" s_ 4— -0 0 CU -C MIE -CU O -0 ' c6 m 0- O C a) 06 NJ 0 o ca co 2 -1-1 w c mO • V cUO to CO0 - N •- U Q �•— L_ CO ca c O a--+ > (r) C6 0 CU I D U cc� v) 00 • CU CU M (t) 0 a) tn -0 cr) CU•U (n N V O CC __ Q - cu E Q ca t = f— ztf, _ • unanimous vote. N c6 a) c E }, x O C > L a) N _C co O O c 1 -o c O O N UJ .-1-7) ttO EV) OCU O Q au au ' (▪ f)o O a, c c >ro au o c s (..▪ ) - t) 0 a c6 O C Q. L_ (3) -c O E a) ago a) v O t CD U (n D —O _c O .— c 4' -0 -aO Q,) v) O .� c c6 tr)_ 4- � �' CU 06 +-; (1) O .5 75 n• ` (2 N a3 0 >.. OO .-) a) `n >' v Q. La LL O c O CU CU- H (i) I-- Q H • • • .237 Article 18 — Vacancies & Promotions a) Lc U Tio a)• C . N 0 N S (1) O U O %—I CO O O L- O N U +—J Ec (um - L- 0• +-) s_ E i O 0_ +-) -; 73 v) < 0_ c m = C.o .— a) 0 a) N . l--1 }'N _ca) • CU CU 7:3 • — tn c co N 0 N ists in almost a) bp cu E O CD CO E a) co c O O E O L_ 0_ CU ci 0 LL LIO CU ef)4J CU C C CU E 4J co CI a) -oL.'. c O 0 • • • a,3b? Article 18 - Vacancies & Promotions rfl Lt. Fire Medic 0 1/40 VI c3) r -i M 01 k0 N QLt 14101 00 IN 43 tO � 11. o 010 im, � EM �0 IN k0 00 It ala 0 .Z .J. cu a cu o CO a N VI CC a 3 q Article 18 - Vacancies & Promotions Lt. Fire Medic With Longevity CU0 S1,500 - $5,000 S2,000 - $8,000 O 001 O H Nrvi Ln0 H N VD 0 oo oo 1.4 efti Lti Ln 46 oai 0 00 Ol Ln 1,4 0U .Ct. •Z 'u QJ Qj O Cu4. cry 00 N CI" 03 M ayo Article 18 - Vacancies & Promotions Lt. Fire Medic Work Week L i 0 0 ri Z N M Cri r ,E N N Z a ti, .� o 0 a 1 0 QJ 13 ts i m Z v-i N M Vs et ail' V L Q • Hours of work longer than other departments. • in the contract since 1977. c a) cu a) > c6 cu bp c ca V X a) 4 - Lc • • Vi 0 V • - C a 0 • V c •- _N - 4 -ii v) co CSA _c •- cE C DCU V L_ E c Ca -I--) Co cu L_ -0 U a) L O O 1 Distinguish between shift exchanges and standby • • • arrangements. ay Article 19 - Hours Hours / Workweek Comparison 17 Per Year - 3 week Kelly Days 3 Per Year - 749 0 QJ tn 00 00 00 t0 O d' ct 4* to Z c cu a o ...Iv 0VI =c3 m Z shifLs khHL Hnp1 ovees may exchange lenge docs not interfere with the Department, and prior approval is grent:ed by the Fire Chit forms shall he used .y 41 J 0 y c u ,cr. A ip 4 u 0 41 ._! DJ .....4 W J4.1 _� U- ti. ti T U 4- a4 q Pay back Requirements Max Shifts 1 0) "E" "E" Z j Payback 12 Mths Perform Same Duties 4111 i IA E .1 -Eft ..c t �a5 Ad(' z cc Members donate 10 hrs of holiday time per year Z 4- a j i O 4....,i 4) 0 Orn CZ QJ 0J i O 4j v C v kD 3 0 aVi c vi CS a SI CD 10 e v 0. O • aJ = • � CU a o • 'n Z 0 co V cu cu Cu zC3 0 4.4 CU E i tr i a 0 4a 14. 744 a ficu v CS 0.CS 0 O v 44 0 Cc ay7 0 E O 0 U 4) 4U E 4) C6> i 4U CSA C+= Co E > L 4u 0 0 4-;O v) 4) U 0 0 0 0 au. c • 03 > CO 4U 6.0 CO Wr L 1 4--) U C6 0 0_ 0 0_ L 0 co 4-1 • . 0 n� W 0 0 0 0) c6 a) 0 U v • • no W O 0 ) E a) V / �n W 5 by 0) 4) 0 0 ca U 0) 4-) (J) 0) U -o 0) � o O cn O ca N _a • a 48 Article 26 - Medical & Disability Leave co V E O C 4) • > c CZ c6 0 O c6 -o �- au E 4) 4) c > � O � L. _c cu -N > O 4) - 73 cc • • ness on or off 2l Article 26 - Medical Leave Max Accrual Comparisons Maximum Accrual Monthly Accrual tai. n H et N N itfi H H H Tel 1:13 0 a 4.4 0 o a v m 0 H M ct aso Article 26 - Medical & Disability Leave LW) C • +-) sa- c 4u -0 E au >- o . o_ c E O cu W +-) co V + -'4) 0 z o > -s_ -0 c L_ to u a_ O _ 0- O w O — 0_ L a' 4) - _ _c i W I- a) a . +-J vi - c c tan co O co •— CU ca OD ..0 CU 4U I-- _ C 0 0 in VD N • o CD V tan Ly -v C CD c> E v) a oo 4-) v) o >.V L c6 D t/) 0CU CU 0 . > 0 c CO 0_ LU 0_ a) CZ V 0 V) CO .� C D 0 U CU 0 0 N 00 m -(/)- CU > co 0 m 0 0 C D 0 U 4U 0 4U tan 4_ a) 0 0 c 4U > eave payouts. c6 c c co 06 ca 0 loN E C O 0 s_ CU ca 0_ X co 4U s 0 c/) C)0 . c > co 0 4-1 j. V) O c V M CO O V) U 4D L- • — > > •— O 6 L C CO cn . IC • • • • c 251 W J Q C ca L Lri N LD N (/) U (1) +-) , U O Q 4-1 -0 co v) Q.) U L- .— OD C) C 4� c13 E _c-0 CU >' t/1 O (1) N0_ 03) O O. m a)O 4—) _c �— I— N • 4� U 4U -0 .> 4) co CU Ci= tr) CU 4) U 0 t10U 10 .> 0 + -; 0 (c3 0 E 4) ca cu O 4U _C • • ed3 c evidence essentia CU v W tai— V O ca c6 L.= a) o_ m c 0 ca —c 4--. a) o CD — — +, > ca (0 O .� ca m v) a, OD (I) C O +J • _ co O . CO 4—)s' n O N ru ca LIE —1—e)ocu <ra 4U 73 I • "co co " 00 NI co 4-'coV — a) .L) ,; ! E LA co> "1:3 CU EG) co .4-) v) >% bn _o Lo CD L... 4 J t O 1..r) < +.) m L._ . o_ cu _c ca O L, ca L hA • m U = •— ca .) "sa) V —c O VL_ EL' t a) = t5 . > iL c6 1— > c6 I— ca • • • As -3 Article 28 - Annual Leave comp for for annual leave accural minimum M N N �4 �O us 1 t a -t 4r N. cu I\ v cu 4,1 4.1 0 H a a ,E i M O 1.4 vaih Q a� �- a laZ p v N N H N Ni Z 'Q ate, a v CZ o" 9 ti Article 28 - Annual Leave Annual Leave Max Accrual with Kelly Days M M M �, a v Is s v a v _� aCZ vavav -� M H M H rM M 00 00 0 Ct Vs M Ln E Z M co in N O � N N N N oc ass Article 28 - Annual Leave New Hire Minimum Annual Leave Accrual w/ Kellys 713 N N N 17 Per Year 17 Per Year 17 Per Year a =a �kir) Ln v 4:, izt Q H H z a . cli 411-64. i 40i 4 a � J o 4~ z a cc ✓ N M Ln aSG O Qu c6 0 0 O c N >% cu 4-) , co 4-) c -a >% L._ vi' a) ci) a) a. L._ cum sz! E ct, (1) > . C6 O iO • — au O V Q, _ (1) (7) - 30 co CU c6 CU c -0 0 o. ..c 4-- Li' 2 c E -I-) LI— :5 • mw° :13V i c .t-,_ ca M c N }, co a) ca (1)-o 0 6 CD Q) c }, -0 ca V m 0 Q) O- • — s_ . _ 4-)( ) Q CD 0 C6- O V + O %—i v) a) o = ro t2) ...c cri �- co c E Q. • • LI— CU r"' 0 4) L LL Q) _c 4--) cts S 4--J C 4U E E O V 4� i L 45 4-) ...c t0 ci= 2 .). iL CU I- -_ vi c O az; .N O a -o cu 4J cu tbo0 z _a c co co V co 0. cu . E c D O a) O > r V caa) MI v). MO CU c C .O co O V X O ca 4.) LI— C13(1) = O . _ ca 4) — bO _c la c I— c6 a) . • • • 0 0 co Q E Q) > - N c6 MO CU C c6 co c ca L O • Q .V E x ) w a O CU 2 4J • Article 33 - Incentive Pay 4 -a O O a) a--+ C V _V La 4U E co co 0_ 0 0 00 CU MOC D 0 U 4U I- 4— +6 C cP1 co 4- co n c c Nco ai 0 (A c E 0 0 La m ...1-J lc e0 cu o 4..J co V0 _0 >, o co E 0 • o o li-a 03 0 73 .— ca N co p .4—J 6 E a) L— +8 +8 > O 0co V E = V = cu 0 +-; Cl.) O �- s- cn c p O ....c O -Cd5 (!) 0 CU 0 rt: ca LO >ca• 00 -� CU E . > a) so N i t •— aj ca, CU a--+ 0O > •— p (/)ca • Q c' E L_0 -c + -i ca E L_ O 4- 0 0 0 -aL._ ca This is creating persona 0 N LO Q 0 0) LC) T- 0 0 C\J CO M` Article 33 - Incenti O 0 0 co CO co CO CO ti CO CO CO ti (ODCO 00 00 -0 Cn 0 cl-- w W D 0 D co m 0 - Flo co a_ CU > a--) c W 0 c 1 m m CU 0 • L Q 0 0 c13 ca _C.O a--+ V CIA c O O O -0 o_ 4u cu LO ca c_. ro L a) (1)-0 cn CID V 4— CU w ii E szu L_ _c 03 Q O w :4-) -o co c O N V V O •— 2 -1-) -0 w 0_ E CU S a --J , C CU C CO 4U cn CU CU _C O E a) a) E -= L_ c 03 a) c +-J acs V _a ID O 0- a� CD _c O • — LI) (1) CU• V s:2 io 0 ow cu E O co V ai ca •— O 0- _c O i 0_ - ct3 0 cri V •- 0 cD .O E V ca c Q. , o O v) `+- a) O N .--+ 6+7J U 'V 22 cu _c 0 4-J co N V > -o 0_2 cu 4-- 1 Ztto i � - CD _V 0_ L_ ca a) L cu 0 O O O O O N CU H • • • • (1) 4,) CD CO (/) 1 M (1) V • — co a--) r S. o Q o_ 0 0_ au bp 4- 2 N •> CU 72 ID c N . MA 0 -I— • • En 0 ca 0 0 E o oLri E 0_ u_ . FY 2013-14 effective Apri FY 2014-15 effective Oct 1 a&3 Article 34 - Salaries 04.1 0 0 0 cu O O O 111. 14 441) VI gin Across the Board M O O O O R. rt• Oct 2007 - Sept 2008 Oct 2008 - Sept 2009 Oct 2009 - Sept 2010 4.4 0 0 Oct 2011 - Sept 2012 Oct 2012 - Sept 2013 Oct 2013 - Sept 2014 Oct 2014 - Sept 2015 ac,q 0 8 0 0 0 0 g % C � C W P0 Z <n NOl O N. Q co ' c0 0 ti 3 • L � F O N N n ,73 O ti C O 0) • O O N 7 0) crC L v O p O. 0 W N E 0 Change Output Options: rn co m co ry W ry CO COCO 0, 8 01 V ry rv N co ry ri ry n ry N W co CO ry rn ti N ov 101 ern 01 co ry N 0 rn ry ry cd NI N ko N co ry N rn 0 m h 03 P M ry h N N rrQ Ul a ti Cti co ry co ry 01 ti 1.1'0 01 `i; 00 YQ co uMi rsi N ! mo z 0 N n R a 00uMm 0 M 0 y 9 n H N N 9 O W 2 I m z V: a Cr: 101 N en ry ro co ry co cn ry 1-1 Ori ry CO e ry O vi 01 MN 0 N e N N N N O N N N M N M N N H 0 - RESOURCES 0) 0 0 '5 co D N J O.'45 N o 7 N ZC Ihi0<U mm N 0, ) 0 0 E 01 G C cluu triN E f0 T ree•om of Information Act a(15 Article 34 - Salaries Fire Medic FY -13/14 Work Week E z .E a Cfi Ch Cf• ui co oo Ln Co 01 N Ci M N M N MLi C31 fN00 N k0 E 4 Im LALA O §., 1.3 Lo 06 H 14 14 14 v z 4C z tj 0 • ,a v m en Ln Article 34 - Salaries Fire Medic FY -13/14 0 4) Ci ozz OZ) 8 0 a1 in N 0 Q` ...1 © M N FN Ln N./ N M iSim M a orn` o` �` O H VN E ' Lri :Ea LA O CliN tri 06% 't -i In .v a i�, .� 0 w) c,) 0 z a cc 1+1 co H en Ln N N M Ln 411 LA v`i 0 veal a t 1 ul. Z i i Q L% Work Week oo 00 00 ko 'C!' cf' tl' LA i Ni 1A kp N 01 I VI p Z M M N I -- al 01 00 4" C) 1 N U. C1 C1 US V) 4' O z cc s a Z a 0CUv) 0 oo N N H N M uA Lt. Fire Medic Work Week 0 B 00 00 00 kta d' 1:1• Ct �A u.o 01 Z v. -i ai Z o NI IN Z t O 1.4 Lrj ko 00. v VI itt to o °0 $ tn. Ariv. a m Article 34 - Annual Salaries Lt. Fire Medic w/ Longevity Comparisons .4CZ �SI o 0 o O LA 01 O o o 1 N C Ipaz Li) NI% CO k0 0 Ln o O v-iZ Ni vi in 00 N N t0 k0 a ‘1:'o00 0 0 415. 0 HLri Ci N o© N co Ln Ln N 00 tel 43 06 14 CC a.70 Article 34 - Salaries ty• Lt. Fire Medic Work Week Cl' v.'t' Cfi LA 0v -i en IA Ln esi N N N 1:f' M Z Ct t -i (Ni N a M M M N N i o o V. en N M Cti = N N H a oc fi a .0J "0 4> 0 tn CO .27 1 Article 34 - Salaries Career Step Plan Comparisons 60% Increase 55% Increase 0 VI °' Q o 0 0 QJ LA 48% Increase 5% Increase 45% Increase 45% Increase O 4.1 EX N H N o0 EH H H M Z C .CU a •- v 4.. ....I C.) 4 Z 4.; v) 1 O a oc z 27z O O i I 00 a M• N. tn H H QJ E z z cc Joseph Ferrara Ron Parrish Ct 0 0 OJ N c.) of 0 m Robert Sorenson Mark Schollmeyer a.73 cc NLn 1\ V. ct 1\ IN t -i 6' 00. N~ 01 a1 00 00 Jennifer Manning Thomas Rosenberg Marie Gouin .�tin Amanda Clavijo 0 11) O N M ct L1 a cc 00 00 0000 O VO V. 0 rte` �i o' o, 00 N N tt Don Fisher 0 v O .0J Z."; gin Taryn Kryzda Zai Went to Palm Bay Fire Rescue a76 Went to Indian River Shores Public Safety a-77 Went to Indian River Shores Public Safety a3. Barbara Grass ndian River Shores a7Q Doug Murphy aw Garry Hughes ag I Went to St. Lucie County Fire Rescue a8a Chris Gomez Went to Palm Beach County Fire Rescue N N a83 Jacob Maikranz ndian River Shores O C w a? L-1 O m 0 Dwayne Sprenger a$6 Nick Kramer a27 Brian Riebe Went to St. Lucie County Fire Rescue ass ' e • ecca Sweene A -4.-- •11....,,. • , , 4441Piraii,41.: • . 4,,r- '4i,../.‘ ii A 141010110 Viiillik, • 1 I i ) 1,:),... . s'.,1". ; "k• ent to • ecome a surf instruct. Gina Harris Left to become a RN Aqo Went to St. Lucie County Fire Rescue a 9 (