Contract 2022 Articles 21-30

Question 1

According to the article 21, Holidays, Section 21.1, what is the status of designated paid holidays for shift employees?

Answer 1

The parties have DISCONTINUED the practice of designated paid holidays for shift employees

Question 2

According to the article 21, Holidays, Section 21.1, how are shift employees compensated for holidays (what is the pay rare and how many/hours do they get)?

Answer 2

Shift employees receive (at their base rate of pay and the Paramedic/EMT supplement) for 12 NON-DESIGNATED holidays per calendar year (144 hours)

Question 3

According to the article 21, Holidays, Section 21.1, When will shift employees be paid for holidays?

Answer 3

Shift employees will be paid for 6 holidays (72 hours) in the first pay period after May 15 each year,
They will be paid for the remaining 6 holidays (72 hours) in the first pay period after November 15 each year

Question 4

According to the article 21, Holidays, Section 21.1, shift employees may have their holiday pay adjusted on a pro-rata basis for what reasons?(this doesn’t have anything to do with being at work on the holiday or the days before and after)

Answer 4

If they are new employees or employees who have worked one month or more of UNPAID LEAVE

Question 5

According to the article 21, Holidays, Section 21.2, what may employees elect to receive in lieu of holiday payments?

Answer 5

Employees may elect to receive accrued annual leave in lieu of some or all of the non-designated holiday payments

Question 6

According to the article 21, Holidays, Section 21.2, what does an emolployee need to do to receive annual leave in lieu of holiday payments?

Answer 6

The employee must submit a timely written request to the FINANCE DEPARTMENT that specifies the amount of hours the employee wants to receive as accrued annual leave (which must be in full hourly increments).
Such requests must be received by the Finance Department NO LATER than April 15 and/or October 15th (or the first business day thereafter if the 15th falls on a weekend or holiday)

Question 7

According to the article 21, Holidays, Section 21.3, NON SHIFT employees are entitled to utilize what type of holiday leave each year, how many, and when can they be used?

Answer 7

They are entitled to utilize 3 Floating Holidays each FISCAL YEAR, which may be observed on any regularly scheduled work day that is mutually convenient to the employee and their supervisor.

Question 8

According to the article 21, Holidays, Section 21.3, how much advanced notice may be required to utilize a floating holiday?

Answer 8

The Fire Chief or designee may require up to 2 weeks advance notice of the date the employee intends to utilize the floating holidays.

Question 9

According to the article 21, Holidays, Section 21.3, when must floating holidays be used by and what happens if they are not used by then?

Answer 9

Floating holidays must be taken within the FISCAL year in which they are accrued, or they will be forfeited

Question 10

According to the article 21, Holidays, Section 21.3, if a floating holiday is not used within the set time parameters, what can be done so that it is not forfeited?

Answer 10

The unused floating holiday will not be forfeited if the HUMAN RESOURCES DIRECTOR, in their discretion, determines that the employee made repeated good faith efforts to utilize said floating holiday prior to the end of the fiscal year but was denied for manpower reasons.

Question 11

According to the article 21, Holidays, Section 21.3, How long do employees need to work to be eligible for floating holidays?

Answer 11

Only those employees with twenty-six weeks of City service are eligible.

Question 12

According to the article 21, Holidays, Section 21.4, what are the legal holidays that will be observed by non-shift employees?

Answer 12

There are 9:
1 - Thanksgiving Day
2- Friday after Thanksgiving
3- Christmas Day
4- New Years Day
5- Memorial Day
6- 4th of July
7- MLK Day
8- Labor Day
9- Veteran’s Day
(the 4 “holiday” times, MLK, MLV, 4th)

Question 13

According to the article 21, Holidays, Section 21.5, what takes place for a NON-SHIFT employee when a legally observed holiday falls on a weekend?

Answer 13

The employee shall receive, to replace that holiday, the Monday following the weekend holiday of the last working day prior to the holiday.

Question 14

According to the article 21, Holidays, Section 21.5, What happens during a legally observed holiday when a department is scheduled on a 7 day operation

Answer 14

The HUMAN RESOURCES director shall designate the date to be taken off in lieu of said weekend

Question 15

According to the article 21, Holidays, Section 21.5, What happens when a NON-SHIFT employee is requried to work on a designated holiday?

Answer 15

In addition to their regular day’s pay, they shall receive 8 hours of annual leave credited to the employee’s annual leave accruals. If the employee works less than a full day, the annual leave credit will be on a pro-rata basis.

Question 16

According to the article 21, Holidays, Section 21.6, when must a non-shift employee work to be eligible for holiday pay? This is one of the incorrectly written ones…

Answer 16

A non-shift employee must be in pay status for a full day on his assigned work days that immediately proceed and immediately follow the day, and on the actual day of which the holiday is observed.

Question 17

Section 21.6 is not correct, it’s confusing because it is intermingling SHIFT and NON-SHIFT without any clarification. COME BACK TO THIS SECTION LATER, MAYBE WITH SOME CLARIFICATION…

Question 18

According to the article 21, Holidays, Section 21.7, what occurs to holiday times if an employee is tranferred from shift to non-shift status or non-shift to shift status? What is the limit of this adjustment?

Answer 18

in such cases, “holiday pay” will be adjusted on a pro rata basis, if appropriate. However, no employee will receive more than a total of 12 paid holiday; recognized holidays off with pay; and/or floating holiday.

Question 19

According to the article 21, Holidays, Section 21.8, what happens to swing shift employees (48 hour employees!) if a holiday falls on a regularly scheduled 8 hour work day?

Answer 19

The employee’s annual leave bank will be charged the 9.6 hours of leave for the 8 hours of time off for that holiday per fiscal year

Question 20

According to the article 22, Lay-Off and Recall, Section 22.1, what are the three standards that will be followed if the city determines that the number of employees must be reduced for any reason?

Answer 20

1 - shall no be arbitrary or capricious
2 - shall not deprive the employees of their rights conferred by this Agreement of the Laws of Florida or the United States
3 - will be capable of uniform application.

Question 21

According to the article 22, Lay-Off and Recall, Section 22.2, in what order will lay-off be in?

Answer 21

Lay-off will be in reverse order of seniority within each rank

Question 22

According to the article 22, Lay-Off and Recall, Section 22.2, can one employee “bump” a less senior employee that is in a LOWER rank?

Answer 22

Yes, provided the “bumping” employee has previously held permanent status in that lower rank, is still qualified, certified, and physically able to perform the job remaining to be performed.

Question 23

According to the article 22, Lay-Off and Recall, Section 22.2, how is the pay scale effected for an employee that bumps a less senior employee in a lower rank?

Answer 23

The employee shall retain their rate of pay unless it exceeds the highest rate for the new class, in which case they will be paid the top of the lower tier.

Question 24

According to the article 22, Lay-Off and Recall, Section 22.3, if a vacancy occurs in a bargaining position how are laid off employees effected? What is the time limit? Do they accrue seniority during their layoff time?

Answer 24

Laid-off employees who hold proper certification, qualifications, and physical ability to perform the job in question, will be recalled in reverse order of the layoff. All provisions of recall shall be based on seniority within the rank of vacancy.
This will apply only to those who have been laid-off for no more than 2 years continually
Employees on laid-off status do not accrue seniority, however, they do retain accumulated seniority for 2 years, or until recall, whichever occurs first.
If recalled, the employee begins to accrue seniority.

Question 25

According to the article 23, Management Rights, Section 23.1, who has the sole and exclusive right to operate and manage any and all operations of the Fire Rescue Department

Answer 25

The City

Question 26

According to the article 23, Management Rights, Section 23.1, there’s a lot of shit.

Answer 26

Decide looking over this later with Russo

Question 27

According to the article 25, Call Back, Section 25.1, what are employees entitled to in the event that a SHIFT employee is called back to work after the completion of their regular shift?

Answer 27

They will receive a minimum of 4 hours call back pay ay one and one-half times their regular rate of pay.

Question 28

According to the article 25, Call Back, Section 25.1, what are employees entitled to in the event that a NON-SHIFT employee is called back to work after the completion of their regular shift?

Answer 28

they will receive a minimum of 3 hours Call Back Pay at one and one-half times their regular rate of pay

Question 29

According to the article 25, Call Back, Section 25.2, how much call back pay is an employee entitled to if they are ordered to commence work before or after their scheduled starting or quitting time if the employee is already in or at the fire station or work location at the time they are ordered to commence work?

Answer 29

They will not be entitled to any

Question 30

According to the article 25, Call Back, Section 25.3, What does the department need to do in order for the shift employee scheduled for work outside of a regularly scheduled work shift to not be entitled to any minimum call back pay, but will be paid for the hours actually worked at one and one-half times the regular rate of pay.

Answer 30

When the department provides at least SEVEN days advance notice

Question 31

According to the article 25, Call Back, Section 25.4, what happens if the FIRE MARSHALL (only lists the FM) is required to conduct a safety inspection at a commercial property before for after the employee’s normal work day, at a starting time that is a minimum of 30 minutes before or after the FM’s regularly assigned work day?

Answer 31

The Fire Marshall will be paid for performing the fire safety inspection fo the hours actually worked before or after the regular work day at one and one-half times the employee’s regular rate of pay, and the Call Back provisions for non-shift employees will no longer apply to such inspections

Question 32

According to the article 25, Call Back, Section 25.4, how and when is accrued compensatory time of the FIRE MARSHALL to be paid out?

Answer 32

At the employee’s current hourly rate before any future pay increase is implemented for any such employee to ensure that compensatory time shall be paid out at the same hourly rate at which it was earned

Question 33

According to the article 26, Working Out of Classification, Section 26.1, Any employee who is designated by the Fire Chief or designee to be temporarily assigned to perform the duties of a ____ _____ which they presently hold and which temporary assignment results in a change to the employees ___ ___ ____ ____ (I.e. shift employee is temporarily assigned to a non-shift work schedule) for a period of time in excess of __ _____ will receive the _____ ____ pay for that rank, plus any ____ the employee currently enjoys, but in NO event will this compensation be less than ______ (__) above the employees current base salary.

Answer 33

Rank Above
Normal hours of duty
8 hours
Hourly starting
Incentives
Five percent (5%)

Question 34

According to the article 26, Working Out of Classification, Section 26.2, any employee TEMPORARILY assigned to a lower paying classification will receive what pay?

Answer 34

will receive their original rate of pay and shall not suffer any loss of pay as a result of such reassignment.

Question 35

According to the article 27, Annual Leave, Section 27.1, who will get preference by the Fire Chief when scheduling vacations?

Answer 35

The most senior employee requesting

Question 36

According to the article 27, Annual Leave, Section 27.1, why may the Fire Chief or designee deny an employee’s request to utilize annual leave?

Answer 36

The Fire Chief or designee may deny based upon operational and/or staffing needs

Question 37

According to the article 27, Annual Leave, Section 27.1, when are employee’s allowed to bid vacation (outside of regular annual bids) and in what increments?

Answer 37

Employees can bid vacation throughout the entire year in increments of complete shifts

Question 38

According to the article 27, Annual Leave, Section 27.2, list the amount of annual leave earned by SHIFT employees based on completed years of service

Answer 38

1 MONTH - 60 months = 120 hours (5 shifts)
61 months - 120 months = 168 hours (7 shifts)
121 months - 180 months = 216 hours (9 shifts)
181 - longer = 264 hours = 264 hours (11 shifts)
Just remember
(60)5/
(120)7/
(180)9/
(181+)11

Question 39

According to the article 27, Annual Leave, Section 27.2, list the amount of annual leave earned by NON-SHIFT employees based on completed years of service

Answer 39

1 MONTH - 60 months = 96 hours
61 months - 120 months = 136 hours
121 months - 180 months = 176 hours
181 hours + = 216 hours
Just remember it’s 96 hours to start and than add 40 hours for each step and they all end in “6” for non-shift employees

Question 40

According to the article 27, Annual Leave, Section 27.3, annual leave pay is computed on what rate?

Answer 40

On the employees regular rate of pay

Question 41

According to the article 27, Annual Leave, Section 27.4, in what instance can annual leave be taken during the probationary period?

Answer 41

Annual leave may NOT be taken during the probationary period

Question 42

According to the article 27, Annual Leave, Section 27.4, how much TOTAL annual leave may employees (SHIFT and NON-SHIFT) accumulate per fiscal year? (Up to…)

Answer 42

They may accrue up to 12 shifts (288 hours) for SHIFT employees or 240 hours (6 - 40 hour weeks) for NON-SHIFT employees
(Basically 6 weeks each)

Question 43

According to the article 27, Annual Leave, Section 27.4, what are the dates listed in which annual leave in excess of the agreed upon caps will be forfeited?

Answer 43

Annual leave in excess of the caps on the date of the close of the fiscal years (Sept. 18, 2022; Sept. 17, 2023; Sept 29, 2024)

Question 44

According to the article 27, Annual Leave, Section 27.4, who determines if the employee made repeated good faith efforts to utilize annual leave prior to the close of the fiscal year and can thereby halt the forfeiture of excess annual leave past those dates?

Answer 44

The City

Question 45

According to the article 27, Annual Leave, Section 27.5, what must be done should an employee request a change in their previously scheduled vacation?

Answer 45

A written request for such change shall be submitted to the Fire Chief or designee, 3 days prior to the original scheduled vacation date, and it is agreed that such requests will not be unreasonably denied.

Question 46

According to the article 27, Annual Leave, Section 27.6, an employee is permitted to request EMERGENCY annual leave (rounded to what time length) for what purposes?

Answer 46

Rounded to the nearest one-quarter hour for the pupose of caring for a sick spouse, child or parent domiciled in the employee’s home if no other person is able to care for such persons.

Question 47

According to the article 27, Annual Leave, Section 27.7, personnel may request annual leave to attend educational or training courses in what time increments, who approves it, and how far in advance can approval be sought?

Answer 47

They may request annual leave subject to the approval of the Fire Chief or designee in 4 hour increments (e.g. 4, 8, 16 hours). Such permission can only be sought and approved on the shift on which the time is to be taken

Question 48

According to the article 27, Annual Leave, Section 27.8, how is the employee paid for their annual leave in the event that they: Retire? Resign? Terminate? In case of death?

Answer 48

In any of these cases they will be paid for all accrued but unused annual leave at their base rate of pay. In death, payments will be made to the employee’s estate and/or designated beneficiary.

Question 49

According to the article 27, Annual Leave, Section 27.9, who can employees donate annual leave to and in what increments?

Answer 49

Employees may donate annual eave on an hour for hour basis to other city employee who is in need of “extra time off” due to a serious illness or injury of the employee, spouse, child, or parent.

Question 50

According to the article 27, Annual Leave, Section 27.10, how many hours per year can SHIFT and NON-SHIFT employees receive a cash payment for? How many hours must remain in their banks and what date to get paid for these hours?

Answer 50

SHIFT - 72 hours
NON-SHIFT - 60 hours
Provided that these cash payments will not cause the employees accrued annual leave to fall below 96 hours for SHIFT employees and 80 hours for NON-SHIFT employees ; submit by sept. 1 and paid as of the FIRSt pay-period before September 15 of each year

Question 51

According to the article 27, Annual Leave, Section 27.10, Employees electing to receive cash payments for accrued annual leave must contact whom by when?

Answer 51

The employee must submit a written request to the Fire department no later than September 1st of each year

Question 52

According to the article 27, Annual Leave, Section 27.10, when are payments for employees electing to exchange annual leave for cash payments received by the employee?

Answer 52

Payments will be made in the first pay period AFTER Sept 15 each year
SAL = September annual leave

Question 53

According to the article 27, Annual Leave, Section 27.10, how many hours of annual leave exchanged for cash payments can be included in salary for pension purposes?

Answer 53

Payments for accrued annual leave shall be excluded from salary for pension purposes.

Question 54

According to the article 28, Uniforms, Section 28.3, under what circumstances would an employee replace protective clothing, equipment and uniform components at their cost?

Answer 54

If the employee loses, misplaces, or damages through intentional misuse their gear or clothing

Question 55

According to the article 28, Uniforms, Section 28.4, How much uniform allowance is given to employees, how often, and when?

Answer 55

Employees will receive a uniform allowance of $200.00 annually in the first paycheck issued DURING the month of December

Question 56

According to the article 28, Uniforms, Section 28.5, what are the contingencies and the amounts listed that the city agrees to reimburse the costs or replacements of prescription eyeglasses or wristwatches?

Answer 56

In the event an employee’s prescription eyeglasses or wristwatch are damaged or destroyed as a result of the employee responding to an emergency operation or when the employee is participant gin a training activity scheduled by the Department (excluding recreational activity), NOT to include normal wear and tear and through no fault or negligence of the employee. Reimbursement will be limited to $50.00 for watches and $150.00 for prescription eyeglasses.

Question 57

According to the article 28, Uniforms, Section 28.5, employees seeking reimbursement from the City for watches or prescription eye glasses must submit the request how and by how long?

Answer 57

The must submit a written request for repair or replacement within 30 days of the occurrence.

Question 58

According to the article 29, Work Stoppages, Section 29.1, under what circumstances does the Union agree for. a work stoppage, strike, sympathy strike, safety strike, walkout, sit-down, or stay-in?

Answer 58

Under NO circumstances!

Question 59

According to the article 29, Work Stoppages, Section 29.1, Under what circumstances may an employee refuse to cross a picket line?

Answer 59

None, under no circumstances will personnel refuse to cross any picket line at any location

Question 60

According to the article 29, Work Stoppages, Section 29.2, what, if any, are the consequences for employees that participate in a work stoppage or strike?

Answer 60

The Union recognizes that the City shall retain the right to discharge or otherwise discipline some or al employees participating OR PROMOTING any of these activities (or other similar activities listed in 29.1)

Question 61

According to the article 29, Work Stoppages, Section 29.3, for the purposes of this article, is the Union held responsible and/or liable for any acts committed by its officers, agents, and/or representatives that violate section 29.1 (work stoppages)?

Answer 61

It is agreed that the Union shall be responsible and liable, unless the Union immediately disavows such activity and takes affirmative steps to end such activity

Question 62

According to the article 30, Probation, Section 30.1, What is the probationary period utilized for?

Answer 62

It shall be utilized for closely observing the employee’s work and for securing the most effective adjustment of the new employee to their position, and for “separating” employees whose performance does not meet the required standards.

Question 63

According to the article 30, Probation, Section 30.2, how long is the probationary period for an employee that receives a promotion from a lower to a higher bargaining unit position?

Answer 63

A period of 12 months (of continuous employment) from the date of the promotion

Question 64

According to the article 30, Probation, Section 30.2, upon expiration of an employees promotional probationary date, whom is listed that may approve retention of the employee to the position in which they were promoted?

Answer 64

The HR Director

Question 65

According to the article 30, Probation, Section 30.2, what happens to the promoted employee if the HR Director fails to approve retention upon completion of the probationary period?

Answer 65

The employee shall automatically revert to their former classification from which they had been promoted.

Question 66

According to the article 30, Probation, Section 30.2, if the HR Director fails to approve retention of a promoted employee upon completion of their probationary period, is that act grievable?

Answer 66

Such reversion may be appealed through the grievance/arbitration procedure. However, the arbitrator may nor reverse or modify the City’s action unless they determine the city acted arbitrarily or capriciously