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Next Level > Contract 2022 Articles 41 - 48 > Flashcards

Contract 2022 Articles 41 - 48 Flashcards

1
Q

According to the article 41, Savings Clause, Section 41.1, what occurs if any provisions of this agreement, or the application of such provisions shall be rendered or declared invalid by any court of competent jurisdiction to the remaining parts of the agreement that were not effected?

A

The remaining parts or portions shall remain in full force and effect.

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2
Q

According to the article 41, Savings Clause, Section 41.1, if any part of this agreement is rendered or declared invalid by any court, how long do the parties have to meet and negotiate a replacement provision?

A

The parties, if requested, shall meet and negotiate within 15 calendar days, a replacement provision.

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3
Q

According to the article 43, Family Medical Leave, Section 43.1, what year was FMLA enacted and how much time does it offer?

A

1993, up to 12 weeks of job-protected leave to “eligible” employees for certain family and medical reasons

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4
Q

According to the article 43, Family Medical Leave, Section 43.1, how much time do employees need to have worked in order to be eligible for FMLA, whom do they contact to arrange the leave, what what type of leave (paid/unpaid/etc) does this include?

A

Employees are eligible if they work for the city for at least ONE year and at least 1,250 hours of service over the previous 12 months.
They must contact the Human Resources Department to arrange for this type of leave.
The 12 weeks under FMLA will include any paid or unpaid leave taken

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5
Q

According to the article 43, Family Medical Leave, Section 43.1, when does the 12 FMLA weeks period get measured back from?

A

The 12 FMLA weeks start with a “rolling” 12 month period measured backward from the date the employee uses any FMLA leave

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6
Q

According to the article 43, Family Medical Leave, Section 43.2, how many weeks of FMLA are parents entitled to for a childbirth if both parents are employed by the city? Can they receive any additional time?

A

A combined 12 weeks if available. Upon further written request from the employee, the HR Director may (pursuant to article 11, Leaves without Pay) extend the leave (although it will not be FMLA leave) up to a max. of 1 year. In no case shall total period of leave exceed 12 months.

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7
Q

According to the article 43, Family Medical Leave, Section 43.2, how are disabilities resuling from or contributed to by pregnancy, miscarriage, abortion, or childbirth treated?

A

They shall be treated the same as any other medical disability and may be charged against accrued sick paid leave.

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8
Q

According to the article 43, Family Medical Leave, Section 43.2, can sick leave be used for child care purposes?

A

Except as provided in section 43.5, sick leave may not be used for child care purposes.

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9
Q

According to the article 43, Family Medical Leave, Section 43.2, when may a leave of absence without pay be granted?

A

only after an employee has exhausted their floating holiday AND annual leave accruals

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10
Q

According to the article 43, Family Medical Leave, Section 43.3, what type of leave can be donated to bargaining unit members, how much, and what must the donating member retain in their account?

A

Annual leave may be donated (on an hour for hour basis) to any other City employee for the birth of a child.
However, the member must keep at least 1 week of annual leave for their own personal use

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11
Q

According to the article 43, Family Medical Leave, Section 43.4, ADOPTION, is adoption leave covered by FMLA?

A

Yes, it will be governed by the regulations of the FMLA

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12
Q

According to the article 43, Family Medical Leave, Section 43.4 Adoption, what must be used in order for a member to be granted a leave of absence without pay?

A

Only after the employee has exhausted their floating holiday and annual leave accruals.

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13
Q

According to the article 43, Family Medical Leave, Section 43.4 Adoption, what can be done if an employee is not eligible for coverage under the FMLA and who can grant this? What if both parents work for the city?

A

The Personnel Director may grant up to 40 hours unpaid leave to a parent upon the adoption of a child.
If both parents work for the City, they may EACH be granted up to 40 hours.
They should contact the Personnel Department to request Adoption Leave

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14
Q

According to the article 43, Family Medical Leave, Section 43.5 Caring for a Spouse, Child, or Parent, what is the employee required to furnish to the City when using this leave?

A

The employee is required to furnish to the City, a medical certificate from a health care provider, that the employee is needed to care for a spouse, child, or parent.

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15
Q

According to the article 43, Family Medical Leave, Section 43.5 Caring for a Spouse, Child, or Parent, For FMLA qualifying purposes how many hours of SICK leave per FISCAL year can shift and non-shift employees use?

A

Shift employees may use up to 4 shifts (96 hours) and non-shift employees may use up to 80 hours of sick leave per fiscal year

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16
Q

According to the article 43, Family Medical Leave, Section 43.5 Caring for a Spouse, Child, or Parent, when may a leave of absence without pay be granted?

A

Only after an employee has exhausted their floating holiday and annual leave accruals

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17
Q

According to the article 43, Family Medical Leave, Section 43.6 An Employee’s Serious Health Condition, How long may the leave be extended for and who is the request for the extension sent to?

A

Upon further written request from the employee, the HR Director may extend the leave up to a max of 1 year

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18
Q

According to the article 43, Family Medical Leave, Section 43.6 An Employee’s Serious Health Condition, can the employee use their sick leave during this time?

A

Sick leave may be used for the period of time that the employee is unable to work due to the serious health condition

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19
Q

According to the article 43, Family Medical Leave, Section 43.6 An Employee’s Serious Health Condition, what may the employee be required to present while using this leave?

A

They may be required to provide a medical certification from a healthcare provider of the employees inability to perform the essential functions of their position

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20
Q

According to the article 43, Family Medical Leave, Section 43.6 An Employee’s Serious Health Condition, what may be granted after an employee has exhausted their floating holiday and available sick leave and annual leave accruals?

A

A leave of absence without pay (this one uses all of your leave, not just your floating and annual)

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21
Q

According to the article 43, Family Medical Leave, Section 43.7, what will toll an employee’s continuous service and thus cause an adjustment to their anniversary date?

A

Any UNPAID leave of absence of 30 calendar days (full or partial) or more per calendar year

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22
Q

According to the article 43, Family Medical Leave, Section 43.8, are employee’s granted a leave or absence, with or without pay, allowed to engage in work for profit?

A

No employee granted a leave of absence (with or without pay) may engage in work for profit without the express permission of the HR Director

23
Q

According to the article 43, Family Medical Leave, Section 43.8, what is accrued by the employee on unpaid leave status?

A

They shall not earn or accrue any benefits or seniority during period of unpaid leave.

24
Q

According to the article 45, Special Response Team, Section 45.1, who appoints personnel to the SRT?

A

The Fire Chief, in his sole and exclusive discretion.

25
Q

According to the article 45, Special Response Team, Section 45.1, is appointment or removal from the SRT grieveable

A

It is not grieveable

26
Q

According to the article 45, Special Response Team, Section 45.1, as of what date did the payment of SRT members change and what amount did it change to?

A

As of October 1, 2021, SRT members shall receive $100.00 per pay period

27
Q

According to the article 45, Special Response Team, Section 45.2, who determines the minimum qualifications for the SRT?

A

The Fire Chief

28
Q

According to the article 45, Special Response Team, Section 45.2 who do those interested in SRT send their applications to?

A

The Fire Chief

29
Q

According to the article 45, Special Response Team, Section 45.2, how often will the assignment to the SRT be evaluated?

A

It will be evaluated annually

30
Q

According to the article 45, Special Response Team, Section 45.2, what certifications do prospective applicants need to have before applying to the SRT?

A

They must have all certifications and requirements

31
Q

According to the article 45, Special Response Team, Section 45.3, what is the minimum number of personnel appointed to the SRT?

A

A minimum of 30 personnel

32
Q

According to the article 45, Special Response Team, Section 45.4, which personnel are to receive a medical exam in accordance with OSHA 29 CFR 1910?

A

All SRT who are hazardous materials technicians (hazmat physicals)

33
Q

According to the article 46,Promotions, Section 46.1, when are promotional exams for BC given?

A

Approximately every 2 years (unless a list is depleted or extended), regularly whenever possible, in April of ODD numbered years

34
Q

According to the article 46,Promotions, Section 46.1, when will the results of the new promotional list replace the prior?

A

Unless the results of the new exam are delayed, the promotional list will replace the old list on a regularly scheduled date that follows each examination date

35
Q

According to the article 46,Promotions, Section 46.1, what components may a promotinal exam include?

A

May include, but not limited to: written exam, practical demonstration of skills, an assessment center, and/or an oral review board.

36
Q

According to the article 46,Promotions, Section 46.2, how much notice shall the city provide of promotional exams?

A

At least 120 days in advance of the FIRST COMPONENT of the exam process.

37
Q

According to the article 46,Promotions, Section 46.2, what information will the notice of promotional exam from the City include?

A

It shall include the date(s) and location(s) of the exam components, the candidate eligibility criteria, and the source material from which the written components of the exam will be constructed.

38
Q

According to the article 46,Promotions, Section 46.3, how will the City select an eligible candidate to fill a promotional vacancy?

A

From the list created based upon exam scores from the exam components.

39
Q

According to the article 46,Promotions, Section 46.3, in its exclusive discretion, the city may choose to fill a spot from which candidates on the list?

A

The City may select any one of the top 5 names on the list.

40
Q

According to the article 46,Promotions, Section 46.3, what happens in the event that there are less than five names on the promotional list?

A

The Fire Chief may, in his discretion, declare the list depleted and begin a new promotional exam process.

41
Q

According to the article 46,Promotions, Section 46.4 what occurs in the event that a promotional list is depleted or exhausted within 6 months of the original expiration date of that list, and if it’s depleted or exhausted MORE than 6 months before its normal expiration?

A

WITHIN 6 months of the original expiration date of the list: replacement exam conducted and list remains in effect until the end of the NEXT 2 year testing cycle

MORE than 6 months: replacement promotional list will be used only for the remainder of the 2 year cycle of the original list

42
Q

According to the article 46,Promotions, Section 46.5, what can occur in the event that a candidate becomes unable to participate in a component of the promotional exam process due to an emergency? Who determines if what happened was an emergency? How is this grieved?

A

If they cannot participate due to an emergency (as determined by the Fire Chief after consultation with the Union), they may be authorized by the Fire Chief exclusively, to participate and compete in the remaining components within 3 days of the original exam component date.
This decision shall not be subject to the grievance process.

43
Q

According to the article 46,Promotions, Section 46.6, who is the Fire Marshall subject to confirmation by?

A

The Broward County Board of Rules and Appeals

44
Q

According to the article 46,Promotions, Section 46.6, Who selects the person to fill the Fire Marshall position

A

The Fire Chief, in his sole discretion.

45
Q

According to the article 47,Military Leave, Section 47.1 Reserve Training, How much leave is a member entitled to for RESERVE TRAINING? How many of those hours can they be paid for? what do they need to submit?

A

Any employee who is a member of the armed forces or National Guard will be granted military leave not to exceed 240 working hours every fiscal year, after presentation of official orders and submission of a leave request. They’ll be paid for the number of working days according to their schedule

46
Q

According to the article 47,Military Leave, Section 47.2, ACTIVE DUTY DURING PEACETIME, how much military leave time are employees who enlist in the armed forces during peacetime entitled to?

A

They are not eligible for military leave

47
Q

According to the article 47,Military Leave, Section 47.2, ACTIVE DUTY DURING PEACETIME, are members that enlist during peacetime entitled to reemployment?

A

They are within 90 days of their release from active duty with an honorable discharge without loss of benefits or seniority

48
Q

According to the article 47,Military Leave, Section 47.3, under what circumstance will members in the Ready Reserve or members of a Reserve component to active duty be eligible for military leave benefits? How much of that leave will be with pay?

A

Any member of a Reserve component who enters upon active duty or whose duty is extended during a period when the President is authorized to order units involving those members shall be eligible for military leave benefits (the first 30 days of any such leave of absence will be with pay)

49
Q

According to the article 47,Military Leave, Section 47.4, ACTIVE DUTY DURING WARTIME, employees who enter the Armed Forces during a period of war between the US and a foreign government or who are called to active duty in the Armed Forces or National guard during wartime shall be granted HOW MUCH military leave? What needs to be presented to the City, and are they eligible for any pay?

A

Upon presentation of official orders, the employee shall receive pay for the number of working days, according to their regular work schedule occurring in the first 30 days of such leave.

50
Q

According to the article 48,Term of the Agreement, what are the three things listed to happen for the Agreement to be in effect?

A

1- A majority vote of the bargaining unit members on the question of ratification
2- its ratification by an official ordinance by the City ratifying this Agreement and authorizing the Mayor to sign on behalf of the city
3- upon being signed by the appropriate Union representatives and the Mayor or his designated reps

51
Q

According to the article 48,Term of the Agreement, how long prior to the expiration of the Agreement is needed by either party if it wishes to add, alter, or amend the Agreement?

A

At least 150 days prior to the expiration date, either party may notify the other.

52
Q

According to the article 48,Term of the Agreement, what is the process and the time lines set forth when parties with to change any part of this Agreement?

A

Notices will contain the titles of the Article(s) the party wishes to add, alter, or amend. The notified party will then place the other party on notice as to which Article(s) it wishes to add, alter, or amend.
Negotiations will begin no later than 120 days PRIOR to the expiration date.

53
Q

According to the article 48,Term of the Agreement, The current Agreement will remain in full force unitl what date?

A

Until September 30, 2024

54
Q

According to the article 48,Term of the Agreement, what happens if a new contract is not ratified by September 30, 2024?

A

The current Agreement will remain in effect pending the resolution of a new Agreement

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