Contract 2022 Articles 31-40 Flashcards

1
Q

According to the article 31, Creation of New Positions, Section 31.1, If in the event a new job CLASSIFICATION is created below WHAT RANK will the city and the Union meet and what will they negotiate for that new classification?

A

If a new job classification is created below BATTALION CHIEF, the City and Union will meet and negotiate for a SALARY for the new classification

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2
Q

According to the article 31, Creation of New Positions, Section 31.2, what does the provision regarding the negotiation of salary for new classifications below BC exclude?

A

It excludes departmental assignments of unit employees

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3
Q

According to the article 32, Joint Occupational Safety and Health Program, Section 32.1, the parties agree to comply with all Federal, State, County, and City laws, rules and regulations pertaining to what?

A

Pertaining to safety and health or to protective clothing and emergency apparatus

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4
Q

According to the article 33, Jury Duty, Section 33.1, how are employees compensated while on jury duty if said jury duty occurs on a normally scheduled day/shift?

A

They shall receive full salary at their regular rate of pay

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5
Q

According to the article 33, Jury Duty, Section 33.1, who does the employee responsible to notify of their jury duty and what do they need to provide?

A

The employee is to notify the FIRE CHIEF upon receipt of the jury duty notice and shall provide a copy of the notice to the Fire Chief.

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6
Q

According to the article 33, Jury Duty, Section 33.1, how are employees compensated for jury duty that occurs on a non-scheduled day/shift?

A

The City is not responsible for paying an employee for jury duty that occurs on a non-scheduled day/shift.

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7
Q

According to the article 33, Jury Duty, Section 33.2, What happens to a shift employee who is required to report for jury duty in the morning following a full shift?

A

They will be sent home from work at 8:00pm so that they are rested for jury duty

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8
Q

According to the article 33, Jury Duty, Section 33.3, are employees required to report back to work for the day once jury duty is completed?

A

If there is no jury duty scheduled for the following day, the employee will report back to duty for the remainder of the work day. If the employee is required to return to jury duty the following day, the entire work day or shift will be considered jury duty leave.

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9
Q

According to the article 34, Required Court Appearances, Section 34.1, what happens to an employee’s pay that is required to appear in court or to give a deposition as a result of an action taken within the scope of employment with the city on shift days and days they are off?

A

The employee will receive their full pay while so doing, with no loss of time, if they are on a regular shift day.

If they are not on duty, they are compensated at one and one-half times their regular rate of pay, for the actual time spent doing so, with a guaranteed minimum of 3 hours of pay for such off-duty court appearances.

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10
Q

According to the article 34, Required Court Appearances, Section 34.1, what is the prerequisite that needs to be met for payment of off-duty employee’s court appearances

A

The Fire-Rescue Department must be notified in writing of the off-duty appearance within 72 hours after the employee is subpoenaed or otherwise notified of the required court appearance

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11
Q

According to the article 34, Required Court Appearances, Section 34.2, what is the instance specifically listed in which an employee will not be compensated by the city for a court appearance?

A

Any employee who is a character witness for a fellow employee who is a plaintiff in a civil suit against the City will not be compensated.

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12
Q

According to the article 35, Rules and Regulations, Section 35.1, The Union agrees that said rules, regulations, policies and procedures shall be formulated, amended, revised, and implemented in the sole and exclusive discretion of whom? What is stipulation and words used that these rules cannot be based on?

A

In the sole and exclusive discretion of the Fire Chief and the City Manager (or designee)
Provided, however, that said new, amended, revised, and implemented rule or regulation will be neither arbitrary nor capricious.

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13
Q

According to the article 35, Rules and Regulations, Section 35.2, The Fire Chief and City Manager of designee shall provide a copy of any newly proposed rule, regulation, policy or procedure to whom?

A

To the Metro-Broward President or District Three President

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14
Q

According to the article 35, Rules and Regulations, Section 35.2, what must the Union do if they wish to bargain over the impact of a new or revised rule, regulation, policy or procedure?

A

The Union must submit a written request to bargain over the impact within 30 CALENDAR days from the receipt of the proposed rule, regulation, policy or procedure.

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15
Q

According to the article 35, Rules and Regulations, Section 35.2, how will the city respond if the Union submits a written request to bargain over the impact of a new or revised rule within the allowed time frame?

A

The City agrees that it will IMMEDIATELY participate in requested impact bargaining, provided that the effective date of the new or revised R/R/P/P will not be delayed until after the completion of impact bargaining.

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16
Q

According to the article 35, Rules and Regulations, Section 35.2, what are the repercussions if the Union does not submit a written request within the allotted time to impact bargain over a new R/R/P/P?

A

Failure of the Union to request impact bargaining within said 30 calendar days shall constitute a waiver

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17
Q

According to the article 35, Rules and Regulations, Section 35.3, What is the agreement regarding the Department providing members with a copy of NEW departmental R/R/P/and general orders?

A

The Department will distribute any such new RRPGOs to members within 30 CALENDAR days AFTER formal adoption, or as soon as practical after that.

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18
Q

According to the article 35, Rules and Regulations, Section 35.3, how are employees held accountable for receiving any new RRPPGOs?

A

Employees will sign for their copy. Copies will be provided electronically.

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19
Q

According to the article 36, Environmental Conditions, Section 36.1, what items will the City continue to provide?

A

Necessary cleaning materials for station maintenance, necessary cooking items to each station, in a quantity deemed appropriate by the City.

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20
Q

According to the article 37, Longevity, Section 37.1 the City and the Union agree that due to changes in payroll automation processes, the City is amending prior practice of treating Longevity how?

A

As a “Step” in the pay plan

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21
Q

According to the article 37, Longevity, Section 37.1, although the practice of treating Longevity as a “step” has been amended, what will the value of each longevity step incentive pay for employees hired before the ratification date of the 2019-2021 agreeemnt include? What will this eliminate

A

It will include the prior impact of compounding that was created when the incentive was a “Step” in the Pay Plan, thus eliminating any manual calculations.

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22
Q

According to the article 37, Longevity, Section 37.1, employees hired BEFORE the ratification date of the 2019-2021 Agreement will be paid Longevity incentive pay based on: 10 years? 15 years? 20 years? How are these increases classified (terminology)?

A

10 years (uninterupted) - increase of 5.1% calculated on the employees base rate of pay, classified as Longevity Step 1 (L1)
15 years (uninterrupted) - increase of 2.6% for a total incentive of 7.7% calculated on base rate of pay, classified as Longevity Step 2 (L2)
20 years (uninterrupted) - increase of 2.7% for a total incentive of 10.4% calculated on employee’s base rate of pay, classified as Longevity Step 3 (L3)

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23
Q

According to the article 37, Longevity, Section 37.1, employees hired ON OR AFTER the ratification date of the 2019-2021 Agreement will be paid Longevity incentive pay will be treated as WHAT and based on: 10 years? 15 years? 20 years? How are these increases classified (terminology)?

A

Will be treated as SUPPLEMENTAL PAY
10 years (uninterrupted) - longevity incentive pay increase of 5% on base rate of pay, classified as Longevity Step 1 (L1)
15 years (uninterrupted) - longevity incentive pay increase of 2.5% for a total of 7.5% calculated on base rate of pay (L2)
20 years (uninterrupted) - longevity incentive pay increase of 2.5% for a total of 10% calculated on base rate of pay (L3)

24
Q

According to the article 37, Longevity, Section 37.2, who do employee contact for retroactive payments of longevity or merit pay?

A

There will be NO retroactive payments.

25
Q

According to the article 37, Longevity, Section 37.2, what occurence will toll an employees continuous service and thus cause an adjustment to the anniversary date?

A

Any unpaid leave of absence of 30 calendar days (full or partial) or more, per calendar year, will toll continuous service

26
Q

According to the article 37, Longevity, Section 37.3, when do longevity increase payments become effective according to how the fall in the pay period?

A

1 - if the anniversary falls in the first week of a pay period, the effective date of the increase shall be the beginning of that pay period
2 - if the date falls in the second week of the pay period, the effective date of the increase shall be the beginning of the following pay period.

27
Q

According to the article 38, Drug and Alcohol Testing, Section 38.2, ___, ____, ____ or ________ of drugs or controlled substances is prohibited

A

Using, selling, possessing, or being under the influence

28
Q

According to the article 38, Drug and Alcohol Testing, Section 38.2, what is the definition of “under the influence” as described in this article

A

Those amounts of drugs, alcohol, or controlled substances which are specified within this article and/or for which there are state statutory standards

29
Q

According to the article 38, Drug and Alcohol Testing, Section 38.2, how are employees prohibited from consuming alcohol (what are listed parameters)?

A

Prohibited from consuming alcohol on duty and/or abusing alcohol off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions

30
Q

According to the article 38, Drug and Alcohol Testing, Section 38. the drug testing program procedures that are outlined in the Article are intended to meet what guidelines?

A

Those set forth in the Florida’s Drug-Free Workplace law

31
Q

According to the article 38, Drug and Alcohol Testing, Section 38.3, What is the “standard” that the city will apply in ordering testing for drugs, alcohol, or illegal substances?

A

The City shall apply the reasonable suspicion standard

32
Q

According to the article 38, Drug and Alcohol Testing, Section 38.3, what is the effective date that the City has the right to randomly drug/alcohol test and what percentage of of all bargaining unit employees each calendar year?

A

Effective October 1, 2008, they can test UP TO 50% of all bargaining unit employees each calendar year

33
Q

According to the article 38, Drug and Alcohol Testing, Section 38.4, how is initial testing for drugs or illegal substances done initially

A

Through a BLOOD AND/OR URINE analysis at the city’s discretion

34
Q

According to the article 38, Drug and Alcohol Testing, Section 38.4, how will ALCOHOL testing be conducted?

A

Through a blood analysis or through an intoxilyzer

35
Q

According to the article 38, Drug and Alcohol Testing, Section 38.4, when will blood samples be the preferential testing?

A

For alcohol and/or other drugs or substances where it is generally accepted by medical and/or toxicological experts that testing for such substance is insufficiently accurate through uring samples or where testing of the substance through blood provides substantially greater accuracy

36
Q

According to the article 38, Drug and Alcohol Testing, Section 38.4, what is the process for collection of a urine sample?

A

Urine small be collected under the supervision of the medical laboratory personnel in the following manner:
1 - it will be UNWITNESSED UNLESS there is reason to believe that an individual may alter or substitute the specimen provided
2 - Employees may inspect the container too be utilized for collection of the urine and may request a substitute container
3 - Employee may observe the labeling, sealing, and packaging for routing of their urine by lab personnel
4 - The lab shall maintain a RECORD of the “Chain of Custody” or urine

37
Q

According to the article 38, Drug and Alcohol Testing, Section 38.4, what happens in the event a urine specimen tests positive under the drug testing screen?

A

A portion of THAT sample shall be subject to has chromatography/mass spectrophotometry (GC/MS) testing.

38
Q

According to the article 38, Drug and Alcohol Testing, Section 38.4, what happens if the GC/MS confirmation test is also positive?

A

The employee may request a portion of the urine sample to be supplied to a qualified laboratory for independent analysis, the cost of which will be paid by the employee

39
Q

According to the article 38, Drug and Alcohol Testing, Section 38.5, what are the listed drugs, their metabolites, and other substances for which the City will screen from any employee’s urine and/or blood

A

MAMBOS BCCPP
Methadone
Amphetamines
Methaqualone
Benzos
Opiates
Steroids
Barbs
Cannabinoids
Cocaine
Phencyclidine
Propoxyphene

40
Q

According to the article 38, Drug and Alcohol Testing, Section 38.5, what percentage constitutes a positive test for alcohol?

A

.04g%

41
Q

According to the article 38, Drug and Alcohol Testing, Section 38.5, can the city test for any substances NOT listed in the contract?

A

(yes) Other drugs and substances may be tested y the City in its discretion.
They will be tested at levels according to generally accepted toxicology standards

42
Q

According to the article 38, Drug and Alcohol Testing, Section 38.6, what is the effective date that testing for anabolic steroids was added

A

On October 1, 2008

43
Q

According to the article 38, Drug and Alcohol Testing, Section 38.6, What are the numbers for positive results in steroid screening and confirmation screening?

A

Screening at 10ng/ml and confirmation at 1ng/ml

44
Q

According to the article 38, Drug and Alcohol Testing, Section 38.7, are the City’s drug screening results grievable?

A

Each employee shall have the right to challenge the City’s adherence to the contractual requirements of drug testing set forth herein the same manner that the employee may grieve any managerial decision.

45
Q

According to the article 38, Drug and Alcohol Testing, Section 38.8, how may the City, in its discretion, choose to treat an employee for drug and/or alcohol use/abuse? What will be the “basis” of this decision

A

They may discipline an employee or the City may choose to rehabilitate the employee.
This will be made on a case-by-case basis

46
Q

According to the article 38, Drug and Alcohol Testing, Section 38.8, Under what circumstances may the Union grieve the City’s decision regarding its recommendation to rehabilitate an employee?

A

The may grieve if they feel the city acted arbitrarily or capriciously

47
Q

According to the article 38, Drug and Alcohol Testing, Section 38.8, what leave may the employee being rehabilitated be placed on?

A

They may be placed on administrative leave WITHOUT pay during the period of rehabilitation.

48
Q

According to the article 38, Drug and Alcohol Testing, Section 38.8, what are the stipulations listed for an employee who is in rehab to be terminated?

A

Employees who fail to complete the entire rehab program, including follow-up care may be immediately terminated

49
Q

According to the article 38, Drug and Alcohol Testing, Section 38.8, how many times if the City obligated to offer rehab to an employee once the initial offer is made?

A

The city is only obligated to offer rehab to an employee one time and future “relapses” may be dealt with by immediate termination.

50
Q

According to the article 38, Drug and Alcohol Testing, Section 38.9, Can the City change its testing methods or procedures and if so, can the Union challenge said changes?

A

It is recognized that technology may improve the type and/or testing methods available. In that event the City may change its testing methods and the Union may challenge said change through the grievance procedure if it believes the City acted arbitrarily or capriciously.

51
Q

According to the article 38, Drug and Alcohol Testing, Section 38.10 what is the date in which employees are prohibited from any on or off duty smoking or other use of any tobacco products?

A

Employees hired AFTER February 22, 2005

52
Q

According to the article 39, Safety Days, Section 39.1, how does an employee earn a safety day and how much do they earn, shift and non-shift?

A

If they are not involved in a CHARGEABLE accident between October 1 and September 30, as determined by the City’s Safety Committee, they shall receive 8 hours annual leave (shift) or 3 hours (non-shift)

53
Q

According to the article 39, Safety Days, Section 39.2, How are employees hired after October 1 compensated for their safety day if they are not in any chargeable accidents?

A

Employees hired after October 1 must wait until the following October 1 in order to begin accumulating time for this incentive. There is no prorating for this Article.

54
Q

According to the article 39, Safety Days, Section 39.3, which employees are eligible for the Safety Day benefit?

A

Only employees whoa re regularly assigned by the Fire Chief to drive a City vehicle and operate said vehicle are eligible for this benefit

55
Q

According to the article 39, Safety Days, Section 39.4, what must an employee do if their driving privileges are suspended?

A

Any employee that operate City vehicles must immediately notify their SUPERVISOR if driving privileges are suspended. Failure to do so and continuance of operating a City vehicle with suspended privileges is subject to discipline, up to and including termination.

56
Q

According to the article 40, Reopener Clause, Section 40.1, how much time is needed by mutual consent to discuss specific issues which will be agreed upon mutually by both parties prior to commencement of negotiations?

A

30 days notice