Contract Flashcards
Who is excluded from the bargaining unit?
Executive Director of fire rescue, Deputy Fire Chief, assistant fire rescue Chief, division chief, special project coordinator, all clerical classification, all maintenance classifications and other support staff members and classifications not specifically included above.
The parties agree to mutually petition the PERC to amend the bargaining unit consistent with the language of section 1 of this article. What does PERC stand for?
Florida public employees relations commission
That union will not discriminate in membership on the basis of:
Race, color, creed, sex, sexual orientation, national origin, age, religion, disability, pregnancy, marital status, or gender identity and, expression or otherwise required by law
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Removal from the bargaining unit or membership removal is the exclusive right of the:
Union, provided that such removal is not solely related to age race creed color religion national origin sex marital status disability or sexual orientation.
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Who is included in the bargaining unit?
Firefighter/paramedic, driver engineer, Lieutenant, captain, battalion chief, fire safety inspector, and prevention officer
The union will not discriminate against employees covered by the agreement on the basis of their:
Refusal to become a union member
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BSO has an established internal procedure to investigate and resolve alleged cases of discrimination, which is in addition to existing an adequate procedures established by The:
Broward County
State of Florida
Federal government
Accordingly, no allegation of employment discrimination can be processed through the contractual grievance/arbitration procedure.
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Any discrimination claim must be referred to the:
Sheriff’s equal employment opportunity division
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Subject to the terms of this agreement the sheriff has the exclusive right to:
A)To manage and direct all employees of the sheriffs office including the scope of service to be performed by each employee and the content of each job classification/description
B)Higher, rehire, promote, transfer, schedule, sign, retain and layoff of police and positions with the sheriffs office unless other wise modified within the contract language.
C)To suspend, demote, discharge, or take another disciplinary action against employees for just cause.
To determine the number of all employees who shall be employed by the sheriff, job make up, activities, assignments, and the number of hours and shifts to be work per week or pay period, including starting and quitting times of all employees unless other wise modified within the contract language.
To determine the number, types and grades of positions or employees assigned to an organizational unit, department or project, and the right to alter, combine, reduced, expand or cease any position organizational unit.
It is the right of the sheriff subject only to the terms of this agreement to:
Require employees to participate in drug and or alcohol testing as required by the standards of the drug-free workplace act and or the sheriffs policies, procedures, rules and regulations.
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The union made grieve the sheriffs decision should:
Decisions on the above matters have the practical consequences of violating the terms of this agreement and/or affecting any other existing working conditions of employment.
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When can the sheriff or the executive director of fire rescue or his designee suspend the provisions of this collective bargaining agreement relating to shift work assignments, hours of work and overtime, leaves, and staffing levels?
In the event of a riot, extraordinary civil emergency or natural disaster. The suspension of these contract provisions shall not impact economic issues.
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The union, its officers, agents, representatives, and it’s bargaining unit members and employees agree that they will not strike, as defined by the:
Public employees relations act
And they agree not to participate in a strike against the sheriff by instigating or supporting a strike, nor shall the bargaining unit members participate any work stoppage, slowdown, sickout, job actions or picketing in furtherance of any of the above prohibited activities.
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There shall be no picketing whatsoever______by the bargaining unit members covered by this agreement.
In uniform
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During the terms of this agreement, the sheriff agrees that it will not authorize, cause, or engage in any lock out of bargaining unit members unless:
A lockout should become necessary for the protection of the sheriffs property
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Florida statutes section 447.505 states:
No public employee or employee organization may participate in a strike against a public employer or by instigating or supporting, in any manner, a strike.
Any violation of this section shall be subject to the penalties provided in this part (Florida statute section 447.507)
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The sheriff shall allow the union to maintain a minimum of___payroll slots for union deductions. Additional slots may be available by the sheriff upon written request of the union.
2
Any changes in the amounts to be deducted shall be given to the sheriff and bargaining unit members 30 days in advance
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The sheriff shall permit the union to maintain three separate payroll deduction slots (one pretax and two post tax) designated specifically for the:
Benefit fund
The sheriff agrees to make all payments to the union or benefit fund by electronic funds transfer
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Bulletin boards are to be used as a means of communication to members of the union. Items posted on bulletin boards must be written on:
Union letterhead and signed by union official
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The union agreement shall be printed and supplied to the union. The union will receive 20 copies and one copy will go to all work locations by the sheriff within___working days following ratification at new cost to the union.
60
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Each fire station, fire prevention branch and training branch of the department shall have a completed operations and procedures manual via Internet accessible by station personnel who should be responsible for the knowledge of its contents. Employees disciplined as a result of failure to adhere to the rules and regulations in the operations and procedures manual shall have the provisions in the:
Grievance and arbitration procedure article available to them
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The sheriff will provide and maintain the following reference materials at all the fire stations as designated below, including, but not limited to:
Operations and procedures manual (OPM) via Intranet
International fire service training Association (IFSTA) manuals for all the fire stations
An updated pharmaceutical reference book for all ALS units
A dictionary
An updated copy of the EMS protocols and paramedic manual for all ALS units
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The union will be provided with a dedicated BSO computer terminal at an agreed-upon location for access to the BSO network and any other job related programs such as:
BSO informant
Telestaff
*The cost of maintaining connectivity, Internet, shall be the responsibility of the union
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Up to___members of the union, designated by the president, shall be allowed time off without pay to attend the unions state convention. Each delegate shall be allowed to take off___shifts during each fiscal year.
4
2
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Up to___members of the union, designated by the President shall be allowed time off without pay to attend the unions international convention. Each delegate shall be allowed to take off___shifts once every___years.
4
2
2
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Union time Pool allocations may be utilized for union business upon approval by the:
Union president or designee
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Members of the union may donate up to__shifts___hours, per year of annual leave to a paid union time pool to be used by members of the union.
2
48
Authorization from the bargaining unit number must be submitted in writing before such donation is effected
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Under normal circumstances union time Pool utilization will include the reasonable notice of___hours.
48
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On January 1 of each year. The sheriff will contribute___hours to the union time pool.
1040hrs
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The sheriff agrees that all bargaining unit members shall be afforded the right to join a union and receive union representation in any and all circumstances involving their employment where an employee:
Reasonably believes discipline may result
The union shall be given timely notification of any and all proceedings, meetings, fact-finding, interviews, interrogations, investigations, and or hearings where a bargaining unit number is present in the subject of an investigation prior to the commencement of the event and shall be permitted to attend.
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Any member may elect to wave union representation so long as:
The waiver is in writing
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The Fire Chief shall schedule a conference with the union leadership to discuss subjects of concern. Such conferences may be requested by the:
Fire Chief or the union president
The purpose of these informal conferences is to facilitate the communication and resolution of mutual concerns
These conferences shall not be construed to constitute a reopening of negotiations or a resolution of grievances.
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For employees hired after April 1, 2005 for employment in a bargaining unit position shall be a minimum Florida state certified paramedic or a Florida State certified firefighter provided any single certified bargaining member shall attain dual state certifications as a firefighter paramedic prior to:
The end of their probationary period
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All bargaining unit members hired after October 1, 2003 shall maintain duel state certifications during their employment with the sheriff. This provision does not apply to the position of:
Fire safety inspector while assigned to fire prevention or bargaining unit members acquired under a merger, contract, transfer of services, joint powers agreement, or consolidation where those bargaining unit members were hired under different conditions of employment that did not require dual certification.
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New employees will serve a probationary period of 12 cumulative months not counting:
Worker’s Compensation time, family and medical leave act time, military leave time, or time in suspension as result of discipline from the date of their employment
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The probationary period maybe extended up to an additional:
Six months
Upon the written request of the Fire Chief and the approval of the director of human resources bureau.
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Probationary employees may be discharged during their probation for any reason which the employer deems to be adequate, except a probationary employee shall not be discharged in violation of the nondiscrimination provisions of this agreement. Such discharge decisions shall not be subject to the:
The grievance procedure
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When an employee is promoted, they shall serve a____month probationary period. The probationary period maybe extended up to an additional___months upon the written request of the Fire Chief or Deputy Chief of fire rescue and the approval of the director of human resources.
6
6
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If the promoted employee fails to perform satisfactorily the duties of the higher position during the probationary period in that position, he shall:
Be returned to the position held prior to the promotion as if the promotion had not taken place.
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If during the probationary period in that position, the promoted employee desires to return to the position held prior to promotion, the employee shall be returned to the classification and salary provided the position the employee was promoted out of remained vacant. The promoted employee who is voluntarily demoted shall not have____rights.
Bumping
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The question of satisfactory performance as an officer is within the sole discretion of the _____, and such demotion while on probation shall not be subject to:
Sheriff
Grievance process
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A fire safety inspector that desires to move to the operation side of the department must be dually certified and must complete the departments:
Designated application, selection and training program
This will not be considered a promotion and will not be eligible for a promotional increase.
They will serve a six-month probationary period and will have a new time in classification seniority date.
If they wish to revert back to fire safety inspection they may at the discretion of the Fire Chief. The bargaining unit members time in classification seniority date will revert back to the original time in classification seniority date. However they will have a 12 month probationary period.
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The promotional examination process will be a list of bargaining unit members organized by final earned scores to____decimal points. Promotional appointments for each vacant position shall be made from the then top___candidates.
2
3 including any candidate who score is tied with the third candidate.
Should a candidate refuse a promotion, the next candidate will be included for consideration in order to ensure management always has a choice of three candidates.
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Candidates will receive one point time in grade seniority credit, for every___years in the immediately preceding job classification which will be applied to the final whole earned score.
5
This will be measured in terms of continuous service and by the closing date as published on the official human resources posting.
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For the position of Lieutenant, time in grade seniority will be calculated from the bargaining unit members:
Actual date of hire in the classification of the firefighter/ paramedic.
Pg19
Any bargaining unit member may refuse a promotion___time without jeopardizing their standing on the promotional eligibility list. A refusal____months or more after the first offer for a promotion will result in the removal from the promotional eligibility list.
1
6
Candidates who declined the promotion must do it in writing to the Bureau of human resources within five calendar days of receiving the promotional offer on the Bureau of human resources form.
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You will automatically be promoted into the position of your choice, passing over much more qualified, much more senior candidates, if your name is:
Keith Martin
Page #gotchabitches
Candidates may be passed over___times for promotion. Each time a candidate is passed over, the candidate will be given a written______from fire command on how to improve prior to the next promotional selection, which the candidate will make a good-faith effort to comply.
2
Action Plan
Candidates may only be passed over a third time if they have received an official disciplinary action during the AP period.
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The duration of a promotional eligibility list shall be for___years or until exhausted, which ever comes first
2
An active eligibility list will be exhausted under the following conditions:
- All candidates are promoted
- All candidates have been offered more than one opportunity for promotion in accordance with section B above.
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If an active eligibility list for promotion includes less than____candidates, the Bureau of human resources may commence a new promotional process for the purpose of establishing a secondary eligibility list.
5
Candidates who are on the active eligibility list will be considered until the current list expires or is exhausted before any candidates on the secondary list may be considered for promotion.
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Eligible candidates must apply for, and successfully complete, the new promotional process to be placed on the secondary eligibility list. Upon expiration or exhaustion of the current active eligibility list, the second eligibility list shall immediately become the current active eligibility list for the promotions and upgrades.
No answer for this card. Just information
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If any eligibility list is exhausted prior to expiration, a new eligibility list will be established within_____days and remain in effect for____years.
180
2
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With regards to the promotional procedure’s:
Time in grade eligibility requirement for promotional examinations shall be measured in terms of continuous service. An interruption for an authorized leave of absence without pay shall not constitute a break in continuous service; however, the time of a leave of absence without pay shall not be credited as time in service
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In regards to promotions:
The time in grade eligibility criteria for promotional examinations shall be determined by the closing date of the posting as published on the official Bureau of human resources job announcement.
Unless you is Keith Martin
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All promotions shall be filled from persons holding the next lower rank. No skipping ranks shall be allowed except for the position of_____.
Lieutenant
Lieutenant candidates must have successfully passed the most recent driver engineer promotional examination or currently hold the position of driver engineer at the time of the announcement closing date.
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Shall not be a consideration in establishing rankings on promotional eligibility list:
Working out of classification
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In regards to promotions, The candidate evaluation method, ranking and qualification requirements shall be determined by the:
Fire Chief in consultation with the Director of the Bureau of Human Resources.
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Promotional examination shall be determined by an appropriate job related examination process as determined by the:
Director of the Bureau of human resources
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Promotional testing may include any of the following test methodologies individually or in combination:
Evaluation, rating of experience and or education, written examination, oral examination, assessment center exercises, performance/practical examination or other generally excepted job-related evaluation instrument. The sheriff shall have the option to videotape any portion of the examination process.
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And a promotional exam, if an oral examination is utilized, the oral examination board will consist of a minimum of___assessors of equal or higher rank to the position being interviewed for from agencies other than the Broward sheriffs office who will be approved by the Director of the Bureau of human resources in consultation with the executive director of the fire rescue department.
2
Each examination phase will be weighted for a total of 100% and will be listed on the promotional announcement
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After the administration of the promotional written exam, participants will have the opportunity to
Participate in a review session immediately following the exam
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Upon written request of the Union, the sheriff may elect to appoint a representative from the_____or the_____to attend the selection interview process with in the fire rescue department.
Bureau of human resources
Equal employment opportunity division
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Promotional examination announcements that result from the regular expiration of an eligibility list shall be posted conspicuously in each:
Fire station, fire prevention branch office, Logistics branch office, communication center, headquarters, and training branch office.
It must be posted 120 days prior to the regular expiration of the eligibility list.
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When a promotional test is scheduled for a one day event, participants who are assigned to work shall be allowed:
Time off without loss and pay or benefits to take the exam.
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In the event the bargaining unit member believes he or she has been discriminated against in the examination process the_____shall be able to investigate those concerns.
Equal employment opportunity division
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If the promotion date of a bargaining unit member is within____days of the bargaining unit members anniversary date, the bargaining unit members annual increase, if applicable, will be processed followed by applying the promotional increases.
90
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Acceptance of late applications for promotional opportunities will be limited to:
Unusual circumstances that prohibited the applicant from applying during the posting period. The approval authority for such request shall rest with the Bureau of human resources director.
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When a bargaining unit member is promoted his or her base pay rate shall be increased by:
7.5% above current salary within range.
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When a bargaining unit member accepts a voluntary demotion to a classification with a lower maximum rate for their convenience, his or her base pay shall be decreased to a rate within range of the lower classification and which is at least 7.5% below their current salary unless such a reduction is:
Waived by the executive director of the fire rescue department in consultation with the director of the Bureau of human resources. Page 24
All newly promoted to lieutenants or acting lieutenants shall complete the following training program prior to assignment;____hours of job-related training which shall include, but not limited to, hands-on practical applications of the following subject matter:
80hrs
Incident command, fire ground tactics and strategies, hazardous materials, weapons of mass to destruction, vehicle extrication, fire alarm systems, mass casualty incidents, airport and seaport orientation.
After the completion of the 80 hour training program each lieutenant shall complete an additional four shifts of in-service training riding along side of a designated field training officer.
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Promotional requirements for a driver engineer:
___Years of full-time paid BSO contract city experience in the ranks of firefighter EMT or firefighter paramedic.
3
State of Florida pump operator certification
Emergency vehicle operator certification from an accredited certification institution
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Promotional requirements for a lieutenant:
Currently holding the rank of driver engineer or have successfully passed the most recent driver engineer promotional exam.
____Years of full-time paid BSO contract city experience in the ranks of firefighter paramedic or driver engineer
5
3) State of Florida fire officer one
4) State of Florida certified firefighter/paramedic
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Promotional requirements for captain:
___Years of full-time paid BSO contract city experience in the rank of lieutenant
3
2) State of Florida fire officer one certification
3) State of Florida certified firefighter/paramedic
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Promotional requirements for battalion chief:
Currently holding the rank of nonprobationary captain
____Years of full-time BSO experience with an associates degree; or_______
11
Or 10 years of full-time paid BSO experience with a bachelors degree
Two years of full-time paid Bso/contract City experience in the ranks of Captain
State of Florida fire officer one certification
State of Florida certified firefighter/paramedic
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For the purposes of this agreement, the bargaining unit members hire date shall be deemed to begin:
On the actual most recent date of continuous full-time paid employment with the Broward County sheriffs office.
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Bargaining unit members who voluntarily forfeit their certification as a firefighter, EMT or paramedic, will have their bargaining unit seniority date adjusted to:
The date of forfeiture
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For bargaining unit members with the same hire date, seniority shall be determined by:
The last two digits of the bargaining unit members Social Security number zero being first and nine being last. If the last two digits are the same, the digit to the left shall be used.
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For bargaining unit members with the same promotional date, time in classification seniority will be determined by the bargaining unit members:
Bargaining unit seniority date
Should this date be the same, the seniority date shall be determined by the last two digits of the bargaining unit members Social Security number.
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Bargaining unit seniority with in each rank shall be used for the purposes of:
Selecting annual leave
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Seniority by time in classification shall be used for the purposes of the:
Filling vacancies at work locations, bidding/assignments, vacated Kelly days, service-level reductions (layoffs), recall from layoff.
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For bargaining unit members hired before January 1, 2003 time in classification seniority shall be the sole consideration for filling the vacancies at work locations and shift bidding assignments. Members will forfeit this_______upon voluntarily excepting a transfer promotion or new assignment.
Super seniority
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These certain members shall not be transferred without their consent:
Members assigned to the seaport or the airport prior to January 1, 2003
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Special assignments to be filled by the department shall be limited to a maximum of___months.
Six
If a special assignment would extend beyond six months it shall then be considered a permanent assignment and subject to bid
The position will be posted and filled within 30 days
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If all qualifications have been met, the most senior person will be awarded the bid. There shall be no_____applied to bids.
Bumping rights
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In the event a senior bargaining unit number is not awarded his or her bid request or a bargaining unit member is reassigned from his or her assignment as a result of the executive director of fire rescue or designee exercising his or her discretion, the executive director of fire rescue or designee will advise the effective bargaining unit members prior to taking such action. Upon request, bargaining unit members affected by this section will be:
Counseled by the fire chief or deputy chief, with a union representative present (if requested by the bargaining unit number) as to why the bid was denied or assignment changed. Any such decisions by the fire chief shall not be subject to the contractual grievance procedure
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It is understood that on occasion involuntary transfers and assignments must be made and maybe made at the discretion of the:
Fire chief or deputy chief and such decisions shall be discussed with the union prior to the decision being made.
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Regarding temporary assignments. The least senior qualified member may not:
Decline an assignment.
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Involuntary transfers and assignments will be made from the least senior qualified bargaining unit members in the applicable job classification unless:
The transfer causes an operational hardship in which case the next least senior qualified bargaining unit member may be transferred or assigned.
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A position that becomes vacant by promotion shall remain open for the duration of the:
All vacancies that occur (do you to promotions, retirements, resignations, transfers, newly created position) Will be advertised and bid by the 15th of each month. A position that becomes vacant by promotion shall remain open for the initial probationary period of six months
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New bid assignments will become effective on:
On the first day of the following month
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Management has the right to temporarily move bargaining unit members from their assigned bids for the purposes of training or to eliminate overtime____times per year and unlimited times within the station.
12
The training shall be clearly defined and pre-assigned by the operations chief or training division and placed into the operations calendar.
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Cross shift bidding is not permitted when filling:
Bargaining unit members possessing the minimum qualifications for the vacant unit or assignment shall be permitted to bed across shifts. In the event a bargaining unit members request for a volunteer shift transfer, the bargaining unit member may have their Kelly day assignment reassigned by the Fire Chief or Deputy chief
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Bargaining unit members will not be allowed to hold two bids, excluding:
Back up positions for special operations
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Bargaining unit members may not bid back into their previous bid assignment for:
One complete bid cycle, unless the bid position remains vacant for one complete bid cycle
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In the event of a layoff, the most junior member of the bargaining unit shall be laid off first. In the case of the layoff in any rank/classification, the bargaining unit with the least time and classification shall be laid off first, but shall be allowed to_____Jr. bargaining unit members and lower ranks/classifications.
Bump
Two weeks notice or pay in Leu thereof shall be given to each member of the bargaining unit to be laid off
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Recall will be in reverse order of layoff.
No new bargaining unit members will be hired by the sheriff until:
All laid off numbers are offered recall or the recall list is expired. A recall list in order of layoffs/ seniority will be maintained by the sheriff. In the event and entry-level bargaining unit position becomes available, and a recall list currently exists, the sheriff will recall the most senior, qualified bargaining unit member on the list.
Bargaining unit members to be offered recall shall be informed of the sheriffs offer for reemployment in the form of written notice. Within 10 working days after a bargaining unit member receives notice, they must advise the sheriff in writing that he or she excepts reemployment and will be able to come into work on the date specified or date mutually agreed-upon.
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Any and all reemployment rights granted to a bargaining unit member shall terminate upon such bargaining unit members failure to accept the offered position within the allotted time or failure to respond to the sheriffs a recall notice.The recall list shall remain in effect for a period of___and may be extended at the discretion of the Bureau of human resources director.
Two years
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Service shall not be deemed to be interrupted by any paid leave, or any leave without pay of____days or less, during any approved leave without pay in excess of____days, no seniority shall be accumulated during the entire period of such leave, but previously earned seniority shall be retained.
30 for both
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If a bargaining unit number is granted a voluntary demotion, after the completion of his probationary period, he will return to the classification held prior to the promotion:
At such time that a vacancy is created
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Members who currently hold a bid position outside of special operations and accept a back up special operations assignment, will be on occasion reassigned from their bid, these reassignments shall not count as:
One of their 12 training reassignment/transfers.
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In the event of a bid vacancy with in the permanent special operations unit assignment, who will be given the first option to accept or decline the bid in that special operations unit?
The member with the most current consecutive time assigned to the back up special operations unit
Members assigned to the back up special operations unit staffing will be given the first option to except or decline the bid in the special operations unit
Should all back up special operation members declined the bid, the back up member with the most consecutive time currently assigned to the back up special operations unit will be reassigned to fill the vacancy as a permanent bid
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Outside employment is defined as:
Any paid employment performed by an employee in addition to his or her employment by the sheriff.
Any member of the bargaining unit who desires to perform outside employment shall do so by filing a written request
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Outside employment may not be approved unless the following minimum criteria are met:
Shall not interfere with the efficient performance of the employees duties
Shall not involve a conflict of interest or conflict with the employees duties
Shall not involve the performance of duties which the employee should perform as part of his or her employment with the sheriff (excluding approved instructional employment like the Broward fire academy or BCC)
Shall not occur during the employees regular or assigned working hours
The employee shall make arrangements with the outside employer to be relieved from his or her outside duties if and when called for a bona fide emergency by the sheriff
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