Contents:
Overview
In June, the city of Clearwater and the local firefighter's union were unable to reach agreement on a new contract. City administration made the decision to go to impasse in order to resolve the first year of the current contract, which expired in October 2007. This means that the matter will be referred to an impartial third party, who will make recommendations to resolve those items in dispute. The City Council will then consider the recommendations and make a decision. From there, management and the Union will continue to negotiate for a new, three-year agreement. This process is outlined in Florida Statue 447.403.
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History
On June 28, 2002, Clearwater Fire and Rescue responded to a high-rise fire at Dolphin Cove Condominiums on Island Estates. During the response, several firefighters were injured and two citizens died. This led to a review by the United States Fire Administration (USFA) that pointed to several shortcomings in readiness, training, equipment and communication within the department. You can see the full report here.
In response to the findings, the City of Clearwater initiated an independent study of Clearwater Fire and Rescue to learn how the department could improve. MGT America, a nationally-recognized consulting group, conducted a full review of operations and found several areas where the department could improve its effectiveness and help to avoid future tragedies. You can read the MGT Report here.
In many cases, the recommended changes required a fundamental shift in the "status quo." New Assistant Chiefs were assigned to every shift to ensure a management presence at all times, new training initiatives were implemented for all employees, and many outdated operating procedures were updated to reflect modern firefighting practices. In addition, more than $10 million was invested in new facilities, vehicles, training and personal protective gear for employees.
The changes made over the past few years have had a measurable positive effect on the performance of the department. There has been an increase in the scope and quality of training, a 50% reduction in departmental overtime, a 34% reduction in worker's compensation claims and a significant increase in Incident Command experience. You can read the biographies of the leadership team here.
While most employees have embraced the new initiatives, some have resisted necessary change, using grievances and other procedural tactics in an effort to slow down, or even reverse, the progress that has been made. Back to Top
What are the current contractual issues?
There are several core issues that the union has been unwilling to agree to. All relate to effective and cost-efficient management of the department. You can read the full contract proposal from the city here. You can read the Union's most recent proposal here. Here are details on the key issues:
Addressing staff readiness and potential burnout
Issue
The number of calls can vary considerably from station to station. For example, the Sand Key fire station averaged less than three calls per 24-hour shift in 2007, while the three busiest stations averaged more than 18 per shift. Firefighters assigned to the busiest stations can face added stress and potential burnout, while those at other stations may not receive enough calls to keep their skills sharp. While management already has the right to assign staff as needed, the city wishes to clarify this right in the Union contract.
Union response
The Union representatives wish to reinstitute an informal process referred to as the "bid" system, where firefighters may choose their own shifts and assignments based on seniority, and agree to reassignment only by mutual consent of management and the employee.
Ensuring appropriate certifications
Issue
All Clearwater firefighters are required to carry Emergency Medical Technician (EMT) certifications, as the vast majority of calls are medical in nature. There are a few exceptions where firefighters were "grandfathered" in as non-EMT firefighters. As these employees retire, they are replaced with EMT-certified firefighters. If firefighters allow their EMT certification to expire, they are no longer permitted by the Medical Director to perform all their required duties. This means that additional staff must be brought in to cover the medical care requirements that can't be met by the non-certified employee.
Management wishes to clarify that EMT certification is a condition of employment, and that failure to maintain certification within a reasonable timeline is cause for disciplinary action up to and including termination.
Union response
The Union representatives are not interested in clarifying this language.
Temporary assignments to lower classifications
Issue
In order to cover all responsibilities on all shifts, it is sometimes necessary to ask an employee to temporarily fill in for a lower job classification. Whenever this occurs, the employee continues to receive their higher rate of pay while filling in.
Union response
Union representatives have insisted that an employee filling in temporarily at a lower classification should be paid additional money for doing so.
Assigning staff outside of regularly scheduled shifts
Issue
In order to cover shifts and maintain flexibility for training, employees must be called in outside of their regularly scheduled shifts from time to time. City officials wish to make it clear that this is appropriate if the employee is provided with sufficient notice (in this case, five days' advance notice) and that the employee will be paid overtime only if they have reached the Federal required hours for receiving overtime pay.
Union response
Union officials have demanded that any hours worked outside of a regularly scheduled shift should be paid at overtime rates, even if their accumulated hours don't meet the Federal requirements for overtime.
Appropriate schedules and training assignments
Issue
Firefighters work a unique 24-hour schedule. Typically, a firefighter will work nine 24-hour shifts during a 28-day period. During their on-duty time, employees participate in training and other meetings that help keep skills sharp and ensure their knowledge of safe practices and techniques.
Because of the unique schedule, Saturdays and Sundays are standard work days and are treated as such. In addition, it is necessary to schedule periodic night drills to ensure that firefighters are prepared to respond under all circumstances. When these activities are not taking place, employees are permitted to sleep, relax, study, and otherwise wind down from the stress of emergency calls.
Union response
The Union has proposed a schedule that includes a 30 minute coffee break from 9:30-10 a.m., a two-hour lunch from 11 a.m. until 1 p.m. and no work (other than regular calls) after 5 p.m. or on weekends. They have proposed to limit evening training to two times per year for no more than three hours each time, or six hours of night training a year. Back to Top
What about the grievances and other issues?
Grievance and arbitration are mandated by the state to resolve issues between labor and management. Grievances are simply a means of resolving issues when a union (or a represented employee) disagrees with the city on the interpretation of contract language, and it's not uncommon for any of our union groups to file grievances periodically.
The firefighters Union, though, has a history of using grievances as a means of obstructing effective management of the department. You'll notice that some of the referenced grievances go back as much as five years, and the Union hasn't taken any action to move them forward to resolution, which they're required to do within certain time limits. This gives the impression of "unresolved grievances" when, in fact, the Union itself has delayed any action toward resolution. Many of the current tactics are outlined in a document called Fire Chief Under Attack, published by the International Fire Chiefs Association. You can read it here.
Not responding to a 9-1-1 call or misusing one's official position are unacceptable actions that violate the public trust, and we felt that these principles were worth defending. In two cases, the arbitrator agreed that the actions of the employees were wrong, but determined that termination was too severe of a punishment and ordered that the city bring them back to work, which was done. In the other significant case, the determination was that the employee had violated the public trust and included a 60-day suspension without pay for the employee in question.
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Compensation
Everyone recognizes and appreciates the importance of public safety and our public safety personnel. In recognition of their service, our public safety professionals receive benefits not afforded to the average worker, public or private. These benefits and compensation have been negotiated through past contracts and represent a significant expense to our taxpayers over time.
Last year, the average annual compensation was $49,000 for a Clearwater firefighter and $76,000 for a Lieutenant. You can see a full summary of 2007 firefighter compensation here. In addition to their regular compensation, our represented firefighters receive:
- Automatic 5% annual "step" raises during their first five years of service, and 2.5% raises every other year for the next 12 years in addition to any negotiated annual wage increase. Step raises alone equate to a 2.5% annual wage increase over a 20-year career.
- A $1,000 annual personal allowance for uniforms and personal items
- A lump sum payment of at least $100,000 at the time of retirement from a State of Florida supplemental pension program.
You can see details of payouts here.
- After 20 years of service, a pension equal to 55% of their salary for life, with annual cost of living adjustments for life.
- Four floating holidays that can be converted to a cash payment if not used by the end of each year
The city will continue to provide the above benefits, and honor the conditions of the currently expired contract, while the collective bargaining process continues. While it's true that our professional staff, as well as office workers, treatment plant operators, mechanics and other line workers received raises of about 4% this year, they do not receive automatic "step" raises, supplementary pensions or some of the other benefits afforded to our public safety personnel.
To put this in perspective, consider two employees, A and B, who started with the city on the same day in 1998. Employee A, an office worker, would have seen their pay increase 52% over the last 10 years. Employee B, a firefighter, would have enjoyed a 72% increase in pay over that same period of time.
The argument has been made that other employee groups received raises, so the IAFF should, too. There are two problems with that argument.
First, these other employee groups negotiated their raise as part of their overall agreement. This means that the union representatives agreed to certain management requests as part of the negotiation for an annual raise and other benefits. IAFF representatives don't seem to be willing to agree to any of the management requests. As a result, discussions for an annual raise have stalled.
Second, the IAFF is the first employee group to enter negotiations under new budgetary restrictions set by Amendment 1 and other State legislation. It can be expected that, as the police unions and general employee unions enter negotiations, the same budgetary considerations will play a factor in their outcome.
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