R04-095
II I
1 RESOLUTION 04- 0'15"
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, RATIFYING
5 THE CONTRACT BARGAINING AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH,
7 FLORIDA AND THE NATIONAL CONFERENCE OF
8 FIREMEN & OILERS SEW, AFL-CIO, CLC, LOCAL
9 1227 (BLUE COLLAR BARGAINING UNIT) FOR THE
10 PERIOD FROM OCTOBER 1, 2003 THROUGH
11 I SEPTEMBER 30, 2004, AND AUTHORIZING AND
12 DIRECTING THE CITY MANAGER AND CITY CLERK
13 I TO EXECUTE THE AGREEMENT; AND PROVIDING
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14 I AN EFFECTIVE DATE.
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16 WHEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE
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17 F FIREMEN & OILERS SEW, AFL-CIO, CLC, LOCAL 1227 (Blue Collar Bargaining
18 nit) have successfully concluded negotiations for a one year contract; and
19 WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union;
20 nd
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21 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
22 ~e best interests of the residents and citizens of the City to ratify the Agreement and
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23 ~xecute the same; and
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24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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26 F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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28 Section 1. The City Commission of the City of Boynton Beach, Florida does
29 ereby ratify the Agreement between the City of Boynton Beach and the NATIONAL I
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30 ONFERENCE OF FIREMEN & OILERS SEW, AFL-CIO, CLC, LOCAL 1227 (Blue
31 ollar Bargaining Unit) for the period of October 1, 2003 through September 30, 2004,
32 . nd authorizing and directing the City Manager and City Clerk to execute the Agreement,
33 copy of said agreement being attached hereto as Exhibit "A".
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1 Section 2. This Resolution will become effective immediately upon passage. I
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2 Ii PASSED AND ADOPTED this L day of June 2004.
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4 CITY OF BOYNTON BEACH, FLORIDA
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25 Corporate Seal)
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VI.-CONSENT AGENDA
ITEM C.8.
RDY - D9f)
PROPOSED LABOR AGREEMENT
BETWEEN
The City of Boynton Beach, Florida
and
The National Conference of
Firemen & Oilers, SEIU, AFL-CIO, CLC, Local 1227
Blue Collar Bargaining Unit
October 1, 2003 to September 30, 2004
5/27/04
TABLE OF CONTENTS
Article Page
1 Preamble 5
2 Recognition 6
3 Rights of Employees 7
4 Strikes 8
5 Non-Discrimination 9
6 Representation of the City 10
7 Union Representation 11
8 Collective Bargaining 13
9 Union Time Pool 14
10 Bulletin Boards 15
11 Grievance Procedure 16
12 Disciplinary Appeal Procedure 19
13 Basic Work Week and Overtime 21
14 Task Assignment 23
15 Work Breaks 25
16 Time Records 26
17 Compensatory Time 27
18 Wages 28
19 Transfers and Demotions 30
20 Stand By and Call Back Pay 32
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City of Boynton Beach
· 5/27/04
21 Working in a Higher Class 33
22 Pay for Training 34
23 Emergency Pay 35
24 Certification Pay 36
25 Sick Leave 37
26 Workers Compensation 39
27 Light Duty 40
28 Vacation 41
29 Bonus Days and Bonus Increases 42
30 Holidays 43
31 Funeral Leave 44
32 Military Leave 45
33 Leave of Absence 46
34 Unauthorized Absence 47
35 Jury Duty 48
36 Seniority, Layoff, Recall 49
37 Job Posting 51
38 Safety and Health 52
39 Tool Replacement 54
40 Uniforms 55
41 Insurance 57
42 Personnel Files 58
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City of Boynton Beach NC &O/SEIU L CA 12 7
5/27/04
43 Tuition Reimbursement 59
44 General Provisions 60
45 Dues Deduction 61
46 Pension 63
47 Substance Abuse 64
48 Probationary Period 65
49 Longevity 66
50 Management Rights 67
51 Savings Clause 69
52 Maintenance of Conditions 70
53 Posting of Agreement 71
54 Collateral Documents 72
55 Duration 73
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5/27/04
ARTICLE 1
PREAMBLE
Section 1. This agreement is entered into by and between the City of Boynton Beach,
Florida, hereinafter referred to as the "Employer" or "City", and the National Conference
of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereinafter referred to as the
"Union" .
The general purpose of this Agreement is to set forth terms and conditions of employment
and to promote orderly and meaningful labor relations for the mutual benefit of the City
of Boynton Beach in its capacity as an employer, the employees, and the citizens of
Boynton Beach. The parties recognized that the best interest of the community and the
job security of the employees of the City depend upon the City's success in establishing
and maintaining effective, proper and superior service to the community.
Section 2. The Parties agree that nothing in this agreement shall prohibit the parties
from meeting and discussing any items of mutual interest.
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City of Boynton Beach
5/27/04
ARTICLE 2
RECOGNITION
Section 1. The City of Boynton Beach hereby recognizes the National Conference of
Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the bargaining
unit described below for the purpose of bargaining collectively with the City relative to
wages, hours, and terms and conditions of employment of the pubic employees within the
bargaining unit.
Section 2. The bargaining unit is comprised of those positions certified for inclusion
by the Public Employees Relations Commission.
Section 3. In the event of a conflict between the foregoing list of positions included
in the bargaining unit and the unit as recognized by the Public Employees Relations
Commission (PERC), the unit recognized by the PERC shall control.
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City of Boynton Beach
NCF&O/SEIU L CAL 1 27
5/27/04
ARTICLE 3
RIGHTS OF EMPLOYEES
Section 1. The employees in the bargaining unit shall have the right to join or assist
the Union or to refrain from any such activity.
Section 2. The City agrees to the preservation of employee rights as described in this
article.
Section 3. All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
Section 4. Employees may request a Union representative to be present when they
believe a formally scheduled meeting with a supervisor may lead to discussions which
could form the basis of disciplinary action.
Section 5. The City will provide each new employee with a copy of this Agreement at
the time of their initial orientation.
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City of Boynton Beach NCF&O/SEIU L CAL 1 27
5/27/04
ARTICLE 4
STRIKES
Section 1. The National Conference of Firemen and Oilers, SEIU, AFL-CIO, Local
1227, or their member agents or designees, agree during the life of this Agreement that
they shall have no right to engage in any work stoppage, slow down, strike or unlawful
picketing.
Section 2. In the event of a strike, work stoppage or interference with the operation
and accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or work
stoppage and order the employees to return to work and attempt to bring about prompt
resumption of the normal operations. The Union representatives shall notify the City 12
hours after commencement of such strike, what legitimate measures it has taken to
comply with the provisions of this Article.
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City of Boynton Beach
NCF&O/SEIU L CAL 1227
5/27/04
ARTICLE 5
NON-DISCRIMINATION
Section 1. The Employer and the Union agree that all provisions of the Agreement
shall be applied to all employees covered by it and the Employer and the Union affirms
their joint opposition to any discriminatory practices to the extent prohibited by law in
connection with employment.
Section 2. It is agreed that no employee shall be discriminated against, as prescribed
by State or Federal laws, in their employment because of race, creed, color, sex, age,
national origin, marital status, physical handicap, sexual orientation or membership or
non-membership in the Union.
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5/27/04
ARTICLE 6
REPRESENTATION OF THE CITY
Section 1. The City shall be represented by the City Manager, or a person or persons
designated in writing to the Union by the City Manager.
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City of Boynton Beach NCF&O/SEIU L CAL 1 27
5/27/04
ARTICLE 7
UNION REPRESENTATION
Section 1. The City agrees to recognize the Union's officers and eight (8) City
employee stewards as agents of the Union. The Union shall furnish written notice to the
Department Head of the designated Union officers and stewards within three days of
ratification of this Agreement and when any change in designation is made thereafter.
The City recognizes the right of the Union to designate one (1) chief steward from among
the eight (8) City employee stewards. The authority of a Union steward to act on behalf of
and bind the Union is implied from their designation as Steward.
Section 2. Non-employee officials of the Union shall, with prior notification by the
Department Head be admitted to the property of the City for purposes of administering
the Agreement. Union officials as designated above shall only be able to meet with City
employees in non-work areas (i.e., break areas) and during non-work time. Nothing in
this section shall preclude or interfere with the City's right to control access to City
facilities for safety and lor security purposes.
Section 3. Union stewards will be granted paid leave to engage in representation
activities on behalf of any member as follows:
Engaging in collective bargaining with the representatives of the CITY and for
grievance investigation and consultation with management.
Section 4. Union Stewards may be released and may utilize up to 200 hours per year
to respond to:
1. An employee is required to appear at a hearing related to a
grievance and or arbitration.
2. An employee is responding to disciplinary action or investigation.
3. An employee is attending a pre-determination hearing.
The City grants the Union stewards, as a group, 200 hours per year, without loss of pay to
engage in representative activities as set forth in section 4. The 200 hours may be
transferred from steward to steward, provided the total for all eight (8) stewards does not
exceed 200 hours. If the total hours used exceeds 200, then stewards may be released
without pay, but only at the discretion of the department head (or designee), whose
approval shall not be unreasonably withheld and when releasing such employee does not
adversely effect the on-going day to day operations in any department. Additional hours
may be used, with pay, when those hours are funded by "Union Time Pool" time.
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City of Boynton Beach
5/27/04
The CITY may stop the use of such time off if it interferes with productivity or manpower
needs. However, the exercise of such right on the CITY'S part shall not be arbitrary or
capricious, nor shall it allow the CITY to proceed in a manner that deprives the employee
of his or her right of representation.
Section 4. No employee shall engage in Union business while on duty except as
referenced in Section 3.
Section 5. The City Manager will grant the Union stewards combined leave, without
pay, for a total of twenty (20) days per year in order that they may attend conferences,
seminars and similar events or other union activities related to their representative
function provided the leave does not adversely effect the on-going day to day operations
in the any department.
Section 6. Stewards shall maintain and provide to the City a Union Business time-out
slip that shall be processed to show their accumulated hours used against the 200 hours
per year granted. The form for this purpose shall be attached hereto as Appendix "A" to
this agreement.
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5/27/04
ARTICLE 8
COLLECTIVE BARGAINING
Section 1. The membership of the bargaining unit shall be represented in collective
bargaining by the President of the Union or by a person or persons designated in writing
to the City Manager. The President of the Union, or the person or persons designated
shall have full authority to conclude a Collective Bargaining Agreement on behalf of the
Union subject to a majority vote of those members of the Bargaining Unit voting on the
question of ratification. It is understood that the Union representative or representatives
are the official representatives of the Union for the purpose of negotiating with the City.
Such negotiations entered into with persons other than those defined herein, regardless of
their position or association with the Union, shall be deemed unauthorized and shall have
no weight or authority in committing or in any way obligating the Union. It shall be the
responsibility of the Union to notify the City Manager in writing of any changes in the
designation of any certified representative of the Union.
Section 2. No more than eight stewards may participate in collective bargaining while
on duty, without loss of pay. Additional stewards or bargaining unit members may attend
while off duty or when on approved leave.
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City of Boynton Beach
5/27/04
ARTICLE 9
UNION TIME POOL
Section 1. Bargaining unit members may donate from one (1) to five (5) hours of
accrued vacation leave, sick leave or comp time to be banked and subsequently used to
permit designated Union stewards to engage in representative activity or training. All
donated time will be calculated, banked, and distributed on an hour-to-hour basis. An list
ofthose employees donating to this time bank shall be maintained by the Union, a copy
of which will be provided to the City Manager and Finance Director.
Section 2. Donations to the Union Time Pool shall be solicited by the union during
ratification of the Agreement. Donations shall be transferred from the employees
appropriate leave bank each year of the Agreement during the month of January.
The City shall match the number of Union Time Pool hours, each year, at 50% of the
number of hours solicited by the Union.
Time Pool hours shall roll over from one year to the next.
Union representation shall utilize the Union Time-Out slip when using Time Pool hours.
Union Time Pool hours shall be utilized prior to the 200 hours provided for Union leave
under Article 7 Union Representation.
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City of Boynton Beach NC &O/SEIU LOCAL 1227
5/27/04
ARTICLE 10
BULLETIN BOARDS
Section 1. The Union shall be provided space on bulletin boards at each location so
designated by the City in the areas where unit employees normally are assigned to work
for the use of LOCAL 1227. These bulletin boards shall be used for posting Union
notices, signed by a Union officer but restricted to the following:
A. Notices of Union recreational and social affairs;
B. Notices of Union elections and results of elections;
C. Notices of Union appointments and other official Union business;
D. Notices of Union meetings.
E. Union newsletter On Track (may be unsigned).
Section 2. All other information, including any notices containing any information
other than purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Manager's office with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union is
responsible for posting and removing approved material on its bulletin board and for
maintaining such bulletin boards in an orderly condition.
Section 3. The Union shall not post endorsements for candidates who are running for
office.
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City of Boynton Beach NCF&O/SEIU L CAL 1227
5/27/04
ARTICLE 11
GRIEVANCE AND ARBITRATION PROCEDURES
Section 1. A grievance is defined as a dispute or disagreement involving the
application or interpretation of this Agreement. Issues or disputes which are not
grievances as so defined shall not be subject to arbitration, but may be processed through
the grievance procedure only after all attempts to resolve the dispute through labor
management meetings has failed.
Section2. No employee or group of employees may refuse to follow directions
pending the outcome of a grievance except where safety would be jeopardized.
Employees in the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that his/her health and safety is threatened.
Compliance with such directive will not in any way prejudice the employee's right to file
a grievance within the time limits contained herein, nor shall compliance affect the
ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive method for
resolving any dispute involving the application or interpretation of the Agreement.
Section 3. All grievance statements of appeal and answer must be in writing.
Grievances not appealed to the next higher step within the prescribed time limits will be
considered withdrawn. Failure by management to observe time limits for any step of the
grievance procedure shall entitle the employee to advance the grievance to the next step.
Grievance time limits may be extended by mutual written agreement of the Union and the
City.
Section 4. GREIV ANCE PROCEDURE STEPS
Step 1. a) Within five (5) working days of the incident or the time which the
employee had knowledge ofthe incident, the employee may initiate a written complaint
with hislher Department Director or during regular working hours the employee may elect
to have a Union steward present the grievance to the Department Director. The written
complaint will include a description of the action requested and the basis for the request.
b) Within five (5) days of receiving the written complaint the Department Director will
contact the aggrieved employee and schedule a meeting within five (5) days to discuss the
matter. c) Within five (5) days ofthe meeting, the Department Director shall respond in
writing to the employee with the decision.
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City of Boynton Beach NCF&O/SEÍU LOCAL 1227
5/27/04
The written grievance should state the following:
A. Statement of the grievance and the facts upon which it is based.
B. The Article(s) and Section(s) of this Agreement alleged to have been violated.
C. The action, remedy, or adjustment requested.
D. The signature of the aggrieved employee and or union representative and date.
E. A statement indicating the grievance is a class action grievance.
F. A statement identifying the positions of the class of workers affected.
Step 2. In the event the employee is not satisfied with the disposition of the grievance by
the Department Director, a) the Union shall have the right to appeal the decision to the
Human Resources Director within five (5) days of the date of receipt of the Department
Director's decision. b) Within five (5) days of receipt of the grievance, the Human
Resources Director will contact the aggrieved employee and schedule a meeting within
five (5) days to discuss the matter. c) The Human Resources Director or designee shall
respond in writing to the employee within five (5) days of the meeting.
Step 3. When a grievance/disciplinary appeal is not settled under the forgoing steps ofthe
grievance procedure, the Union, within twenty (20) days of such decision or termination,
may refer the dispute to an impartial arbitrator from the pre-selected panel of arbitrators
appointed by mutual agreement of the parties.
The arbitrators shall be appointed with the understanding that the hearing on the matter
appealed will be heard within ninety (90) days following appointment. Either party shall
not utilize court reporters and/or written briefs. The arbitrator shall make a final and
binding ruling immediately following the hearing.
The City and the Union agree that within thirty (30) days after the ratification of this
Agreement to select a panel of six (6) arbitrators from the Federal Mediation and
Conciliation Service (FMCS). The City shall select three (3) arbitrators and the Union
shall select three (3) arbitrators. These arbitrators, once selected shall hear grievances on
a rotating basis, beginning in alphabetical order of the arbitrator's sir name.
Section 5. The arbitrator shall have only jurisdiction and the authority to apply and
interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision solely
to the issue of interpretation or application of the Agreement presented. The decision of
the arbitrator on any matter within his/her jurisdiction shall be final and binding on the
Union, the City and the employee covered by the Agreement.
a. The City and the Union agree to share all information each party will present to the
arbitrator no later than ten (10) days prior to the date of the arbitration, even if such
information was accumulated after the final grievance step or after the terminated
employees' pre-determination hearing.
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City of Boynton Beach NCF&O/SEIU LOCAL 1227
5/27/04
Section 6. The hearing shall not be formal and the strict rules of evidence shall not
apply.
Section 7. The parties shall divide the arbitrator's fee and expenses equally. In the
event of a settlement, the arbitrator's fee and expenses shall be born equally by the
parties, unless they agree otherwise.
Section 8. The term "day" shall mean Monday through Friday, exclusive of holidays,
as recognized by this agreement.
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City of Boynton Beach NCF&O/SEIU EOCÁL 1227
5/27/04
ARTICLE 12
DISCIPLINARY APPEAL & ARBITRATION PROCEDURE
Section 1. Employees who receive a verbal warning, or a counseling memorandum,
which is a written warning may place a written refutation into their personnel file to
dispute the verbal warning, or counseling memorandum.
Should the employee not sustain an additional verbal warning, or counseling
memorandum for the same offense within 24 months of the initial verbal warning or
counseling memorandum, the discipline shall not be considered toward any subsequent
progressive disciplinary action.
Section 2. Disciplinary action that is more severe than a written reprimand may be
appealed through Step 3 of this appeal procedure.
Section 3. Any employee facing a termination action shall have an opportunity to
appear and be represented during a pre-determination hearing.
Section 4. Subsequent to the pre-determination hearing a employee has been
suspended or received more severe discipline by the City and the employee or the Union
desires to challenge such discipline, arbitration may be requested, which shall be filed
with the Human Resources Director at Step 3 of this process.
DISCIPLINARY APPEAL STEPS:
Step 1.a) Within five (5) working days of the incident/disciplinary action or the time
which the employee had knowledge of the incident/disciplinary action, the employee may
initiate a written complaint with hislher Department Director during regular working
hours. The employee may elect to have a Union steward present the disciplinary appeal to
the Department Director. The written complaint will include a description ofthe action
requested and the basis for the request. b) Within five (5) days of receipt of the appeal,
the Department Director will contact the aggrieved employee and schedule a meeting
within five (5) days to discuss the matter. The Department Director or designee shall
respond in writing to the employee within five (5) days of the meeting with a decision.
The written disciplinary appeal should state the following:
A. Statement of the appeal and the facts upon which it is based.
B. The Articles(s) and Section(s) of this Agreement alleged to have been
violated.
C. The action remedy, or adjustment requested.
D. The signature of the aggrieved employee and or union representative and date.
E. A statement indicating if the appeal is a class action.
F. A statement identifying the positions of the class of workers affected.
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City of Boynton Beach NCF&O/SEIU LOCAL 1227
5/27/04
Step 2. In the event the employee is not satisfied with the disposition of the appeal by
the Department Director, a) the employee shall have the right to appeal the decision to
the Human Resources Director within five (5) days of the date of receipt of the
Department Director's decision. b) Within five (5) days ofthe date of receipt of the
grievance, the Human Resources Director will contact the aggrieved employee and
schedule a meeting within five (5) days to discuss the matter. The Human Resources
Director of designee shall respond in writing to the employee within five (5) days of
the meeting with a decision.
Step 3. In the event of a suspension or more severe discipline, or when an appeal
is not settled under the forgoing steps of the grievance procedure, the employee or the
Union, within twenty (20) days of such decision or termination, may refer the dispute
to an impartial arbitrator from the pre-selected panel of arbitrators appointed by
mutual agreement of the parties.
The arbitrators shall be appointed with the understanding that the hearing on the
matter appealed will be heard within ninety (90) days following appointment. Either
party shall not utilize the court reporters and/or \\Titten briefs. The arbitrator shall
make a final and binding ruling immediately following the hearing.
The City and the Union agree that within thirty (30) days after the ratification of this
Agreement to select a panel of six (6) arbitrators from the Federal Mediation and
Conciliation Service (FMCS). The City shall select three (3) arbitrators and the Union
shall select three arbitrators. These arbitrators, once selected shall hear grievances on
a rotating basis, beginning in alphabetical order of the arbitrator's surname.
Section 4. The arbitrator shall only have jurisdiction and the authority to apply and
interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision solely
to the issue of interpretation or application of the Agreement presented. The decision of
the arbitrator on any matter within his/her jurisdiction shall be final and binding on the
Union, the City and the employee covered by the Agreement.
a. The City and the Union agree to share all information each party will present
to the arbitrator no later than ten (10) days prior to the date of the arbitration,
even if such information was accumulated after the final appeal step or after
the terminated employee's pre-determination hearing.
Section 5. The hearing shall be informal and the strict rules of evidence shall not
apply.
Section 6. The parties shall divide the arbitrator's fee and expenses equally. In the
event of a settlement, the arbitrator's fee and expenses shall be born equally by the
parties, unless they agree otherwise.
Section 7. The term "day" means Monday through Friday exclusive of holidays
recognized by this Agreement.
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City of Boynton Beach NCF&O/SEIU LOCAL 1227
5/27/04
ARTICLE 13
BASIC WORK WEEK AND OVERTIME
Section 1. The basic workweek shall consist of forty (40) hours, unless otherwise
specified. The City Manager will establish and may change the basic workweek and
hours of work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be construed as a guarantee or
limitation of the number of hours worked per week.
Section 2. All authorized and approved work performed in excess of forty (40) hours
in anyone work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-half times the employee's straight time rate. Overtime shall be offered
on a rotating basis based on seniority.
Section 3. Employees shall be required to work overtime as directed unless excused
by supervision. In the event any employee is required to work approved overtime, he/she
shall not be requested to use annual leave nor be placed in a "leave without pay" during
the basic workweek in order to compensate or offset the overtime hours worked or to be
worked.
Section 4. Since the Utility Department is a seven (7) day per week continuous
operation, employees will have two (2) consecutive days off after completing their
regularly scheduled five day work week. In the event that an employee chooses to do so,
and it can properly be scheduled, their two days off per week may be split to
accommodate the needs of both the employee and the employer.
Section 5. Supervisors will provide no less than two (2) hours advance notice to
employees prior to the assignment of scheduled overtime, except in the case where the
supervisor has determined that the scheduling of overtime is done on an immediate basis
to meet the needs of the community.
Section 6. For purposes of overtime computation holidays, personal leave days,
vacations, and the employee's use of sick leave shall be considered as time worked.
Funeral leave, jury duty, annual military leave, and other absences from duty on active
pay status shall not be considered as time worked for purposes of overtime computation.
Section 7. Employees cannot be in a work status more than seven (7) minutes prior or
seven (7) minutes after regular workday unless they have their supervisor's approval to be
in a work status. Each employee must be advised of the official start and ending time of
their department workday.
For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute
Rule". This rule means that an employee will not be eligible for overtime until he/she has
been on the job for more than seven minutes, i.e. at the start of the 8th minute they would
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City of Boynton Beach NCF&O/SEIU LOCAl! 1227
5/27/04
then receive 15 minutes at time and a half. This procedure will also be followed if an
employee reports to work late. The employee shall be marked as tardy using the same 7/8
Minute rule, for purposes of calculating payroll, however, an employee will be deemed
"tardy" if they appear for work anytime after the designated starting time. Any employee
that is tardy is subject to appropriate discipline.
Section 8 It is understood that the clock designated by an employee's supervisor to
record arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate supervisor will
advise employees of the clock which will be utilized in lieu of it.
Section 9 This article, effective as of the ratification date by the Commission, is not
retroacti ve.
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City of Boynton Beach N F&O/SEIU LOCAL 1227
5/27/04
ARTICLE 14
TASK ASSIGNMENT - SOLID WASTE
Section I Workweek and Overtime
A. Solid Waste employees shall be held responsible for satisfactory completion of a
daily task assignment.
B. Within the Solid Waste Division, circumstances may arise which prevent certain
crews from completion of their assigned route within the work day. In that event
management may direct other crews to help complete the route(s) of the crews unable to
complete their route(s), on that same day.
C. All employees in the Solid Waster Division of Public Works that are covered by
this agreement shall be considered task employees. Task employees will be assigned to
shifts or either 8 or 10 hours per day. Employees will always maintain the same shift for
an entire workweek. A daily task assignment shall be assigned at the beginning of the
workday by the supervisor. Upon completion of the assigned daily task, the task
employee may be required to perform other work functions related to the Solid Waste
Division of public Works. Task employees may be assigned duties outside of the Solid
Waste Division in the event of pending, ongoing, or past citywide emergencies.
Task employees shall be released from duty by the immediately supervisor. No task
employee will be allowed to release him or herself from duty. Task hours shall be counted
in the computation of overtime.
D. All task runs shall be equalized as closely as possible, as determined by the Public
Works Director.
E. Employees covering another employees assigned routes when the normally
assigned employee is on vacation or out for an extended illness, shall be assigned for the
entire 40 hour period, and shall work the same shift for the entire period as the employee
whose shift they are covering. Management shall make every effort to assign the
employee covering the shift 48 hours in advance.
Section 2. Holidays
A. Employees who regularly work a ten (10) hour assignment shall receive ten (10)
hours pay for each observed holiday. Employees who regularly work an eight (8) hour
assignment shall receive eight (8) hours pay for each observed holiday.
23
.v-ß s LzÐloLr
City of Boynton Beach
5/27/04
B. In addition to receiving holiday pay Solid Waste employees shall receive their
regular daily task hours at time and one half when required to work on a holiday even if
they complete their assignment in fewer hours than regularly assigned. Should they be
required to work beyond their regular task hours on a holiday, those hours also shall be
paid at time and one half their regular rate of pay.
C. Should the City determine it necessary to schedule a makeup day during a week
when a holiday falls, and the makeup day is different than the day the employee normally
works, the employee shall receive his hours at double time if the makeup day is on
Saturday or Sunday or time and a half if the makeup day is on Wednesday.
D. The City will publish a holiday service schedule and make up day schedule at
least six (6) months prior to the holiday.
Section 3. This article, effective as of the ratification date by the Commission. is not
retroactive.
24
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City of Boynton Beach
5/27/04
ARTICLE 15
WORK BREAKS
Section 1. Employees shall receive either a one-half hour or a full hour unpaid lunch
period each day based on a majority vote of the employee group.
Section 2. Employees shall also receive two; fifteen (15) minute paid breaks each
day. Any employee group that would like to forgo their fifteen (15) minute breaks and
add them to their lunch period may do so on a majority vote of the employee group.
In addition employees shall be in a pay status, each day, as follows:
- Travel time to and from lunch not to exceed twenty (20) minutes each day.
- Ten (10) minutes clean-up time prior to the lunch period.
- Fifteen (15) minutes clean-up time prior to the end of the employees shift.
25
YB S )2-0\ oL(
City of Boynton Beach
5/27/04
ARTICLE 16
TIME RECORDS
Section 1. Employees cannot be in a work status more than seven (7) minutes prior or
seven (7) minutes after regular workday unless they have their supervisor's approval to be
in a work status. Each employee must be advised of the official start and ending time of
their department workday.
Section 2. For purposes of calculating on duty time for overtime purposes, the City
will follow the Department of Labor's "7/8 Minute Rule". This rule means that an
employee will not be eligible for overtime until he/she has been on the job for more than
seven minutes, i.e. at the start of the 8th minute they would then receive 15 minutes at the
overtime rate as outlined above. Likewise if they work 23 minutes they would be paid at
30 minutes overtime or if they work 22 minutes they would be paid for 15 minutes at time
and a half. This procedure will also be followed if an employee reports to work late. The
employee shall be marked as tardy using the same 7/8 Minute rule, for purposes of
calculating payroll, however, an employee will be deemed "tardy" if they appear for work
anytime after the designated starting time. Any employee that is tardy is subject to
appropriate discipline.
Section 3. The clock designated by an employee's supervisor to record arrival and
departure shall be the clock against which timely reporting for work is measured. If at
any time, that clock is deemed inoperative, the immediate supervisor will inform
employees of the clock which will be utilized for tracking time on duty.
26
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City of Boynton Beach NCF&O/SEIU ItOc. L 1227
5/27/04
ARTICLE 17
COMPENSATOR Y TIME
Section 1. Employees may accrue and use compensatory time in lieu of overtime pay
when the employee works in excess of forty hours in a workweek.
Section 2. Compensatory time will be accrued and used at the same rate the overtime
rate would be paid. The compensatory time must be used within sixty (60) calendar days
of the pay period in which it was earned or be paid at that time.
Section 3. The City reserves the right to convert any accrued compensatory time
hours to pay at its sole discretion, once the sixty (60) days has passed.
Section 4. It is solely the employee's choice as to whether he/she wishes to be paid
for their overtime at one and one-half times their regular hourly rate of pay, or take
compensatory time. The City will not encourage employees to take one form of
compensation over the other.
Section 5. This article, effective as of the ratification date by the Commission, is not
retroactive.
27
Vß S \ L~ , 0 l( 4M Ç;i7~1
City of Boynton Beach NCF&O/SEIU LO AL 22·
5/27/04
ARTICLE .li
WAGES
Section 1.
a) Effective October 1, 2003, bargaining unit employees shall receive a 3% market
adjustment added to base wage.
b) Effective April 1, 2004 bargaining unit employees shall receive the following
Performance Evaluation wage increases added to base wage:
l. Performance evaluation score is 1.0 to 1.9 (needs improvement) the
percentage wage increase shall be equivalent to the score.
11. Performance evaluation score is 2.0 (meets standards) to 3.0(exceeds
standards) the percentage wage increase shall be 3%.
11l. Performance evaluation score is above 3.0 to 4.0 (exceeds standards) the
percentage wage increase shall be equivalent to the score.
IV. Performance evaluation score is below 1.0 (needs improvement) No wage
increase will be applied.
c) An employee that is at the maximum salary range shall receive the market adjustment
increase and the Performance Evaluation wage increase, if applicable, added to base. As a
result of this wage adjustment employees who were at the maximum of the salary range
and who will be outside the official pay range will be redlined. These employees will
remain redlined until a pay plan study is completed and adjustments made to bring such
employees back into the official pay range.
Section 2. The April 1 Performance Evaluations and re-evaluations at each sixty (60)
day period as outlined below shall be completed in a unbiased and fair manner.
Justification for all performance evaluation scores "exceeding standards" or "needs
improvement" must have been previously provided to the employees being evaluated.
The rater must refrain from the "halo effect" scoring of employees.
a) An employee who does not receive "meet standards" score on his/her
performance evaluation shall be given a written document with instructions on
what is required to achieve a "meet standards" score and shall be re-evaluated
in sixty (60) calendar days.
b) If the employee receives a "meets standards" score at the end of the sixty (60)
day re-evaluation, he/she shall receive the wage increase according to Section
1 and 1 ii. or 1 iii. of this article, effective on April 1, 2004.
c) An employee who does not achieve a "meets standards" score at the end of the
sixty (60) day re-evaluation period he/she shall be allowed a second sixty (60)
day re-evaluation period.
If the employee does not receive a "meets standards" score at the end of the
second sixty (60) day evaluation period Section Ii. or liv. ofthis article shall
apply.
28
Vb <5\ 2tl (If
City of Boynton Beach
5/27/04
If at the end of the second sixty (60) day re-evaluation period the employee
achieves a "meets standards" score he/she shall receive the wage increase
retroactive to the date of the first sixty (60) day evaluation period in
accordance with Section 1 ii. or 1 iii. of this article.
Section 3. The City will inform the bargaining unit of any re-classifications of
bargaining unit positions prior to the final effective date of the re-classification.
Section 4. A Labor Management Committee (LMC) consisting of four (4) bargaining
unit representatives (2 blue-collar and 2 white-collar) and four (4) representatives from
the City, shall meet no later than thirty (30) days from the date of the ratification of this
Agreement. The LMC will work to resolve matters to prevent grievances and will provide
input into the continued improvement of the existing Performance Evaluation system to
ensure bargaining unit members receive tàir and objective evaluations that appropriately
reward their performance.
29
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City of Boynton Beach NCF&O/SEIU LOCA 12 7 .
5/27/04
ARTICLE 19
PROMOTIONS, RECLASSIFICATIONS,
TRANSFERS & DEMOTIONS
Promotions and Reclassifications
Section 1. When an employee is advanced to a position in a higher classification
level, the employee will be placed within the appropriate classification level that will
provide a daily rate increase as follows:
a. Promotion or re-class from non-exempt to exempt:
(+ 10% of mid point of the new grade or to minimum of grade level whichever is
greater).
b. Promotion or re-class of one grade:
(+5% of mid point of new grade or to minimum of new grade whichever is greater).
c. Promotion or re-class of two grades:
(+7.5% of mid point of new grade or to minimum of new grade whichever is greater).
d. Promotion or re-class ofthree or more grades:
(+ 10% if mid point of new grade or to a minimum of new grade whichever is greater).
Should management determine a newly hired employees' credentials warrant receiving
an annualized base salary above the entry level into the classification, the new employee
may start his/her employment with the City at no more than the mid point above the entry
level rate for the position classification.
Transfers and Demotions
Section 1. Employees may request a lateral transfer to any open position for which
they qualify. Management shall make every effort to place the employee requesting the
transfer prior to filling the position, however, this provision shall not restrict
management's right to select the most qualified individual to fill the position. If the
reason for the transfer is due to conflicts with supervisors or co-workers, the transfer shall
follow only after mediation through the Human Resource Department.
Section 2. When an employee transfers to a lower position or accepts a voluntary
demotion, the employee shall suffer no loss of pay unless the employees' current hourly
rate exceeds the maximum of the new, lower salary scale. If the employee's hourly rate
exceeds the maximum of the new lower salary scale, the employees' hourly rate shall be
reduced only to the maximum rate of the lower scale.
30
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City of Boynton Beach NCF&O/SEIU LOC L 1227
5/27/04
Demotions that are punitive in nature shall cause the employee to be placed on the salary
scale as follows:
a. Demotions from exempt to non-exempt:
(-10% of mid point of new grade or to minimum of new grade level
whichever is greater)
b. Demotion of one grade:
(- 5% of mid point of new grade or to minimum of new grade whichever is
greater
c. Demotion oftwo grades:
(- 7.5% of mid point of new grade or to minimum of new grade whichever
is greater)
d. Demotion of three or more grades:
( -10% of mid point of new grade or to minimum of new grade whichever
is greater)
31
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City of Boynton Beach NCF&O/SEIU LO AL (1227
5/27/04
ARTICLE 20
STANDBY & CALL BACK PAY
Section 1. STANDBY PAY - In order to provide coverage for services during off-
duty hours, it may be necessary to assign and schedule certain bargaining unit employees
to standby beeper duty. A standby beeper duty assignment is made by a department
director or his/her designee who requires an employee on his/her off-duty time, which
may include nights, weekends or holidays, to be available to perform his normal daily job
function during off hours, due to an urgent situation. Employees placed on Stand-by shall
be assigned a take-home vehicle in compliance with the department's rotation list
appropriate for the completion of the task required of the employee should he/she be
called back to work. The employee shall receive one hours pay at the overtime rate for
each day or portion thereof that they are assigned standby beeper duty.
Section 2 CALL BACK PAY - An employee called back to work after having been
relieved and having left the assigned work station, or called in before his/her regularly
scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of one and
one-half (1~) times his/her basic hourly rate of pay when such callback is between the
hours of 800 a.m. and 12:00 p.m. (midnight), and shall receive a minimum of three hours
at the rate of one and one-half (1~) times his/her basic hourly pay when such callback is
between the hours of 12:01 a.m. and 7:59 a.m. Employees shall be paid for the actual
hours worked for all hours worked in excess of the two (2) and three (3) hour minimum.
Section 3. This article. effective as of the ratification date by the Commission, is not
retroactive.
32
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City of Boynton Beach NCF&O/SEIU LdcAL 12 7
5/27/04
ARTICLE 21
WORKING IN A HIGHER CLASS
Section 1. Employees shall be required to perform work in a higher classification
only upon written memorandum by their supervisor. Employees who work in a higher
classification for twenty (20) continuous work days, shall receive a 5% increase in pay to
the first day of the assignment, or the minimum of the higher classification, whichever is
greater until returned to their regular classification.
Section 2. Employees shall be required only upon written memo from their
supervisor to perform work in a higher classification for training purposes. In this
connection, they shall perform that work without a 5% increase in pay during the first
twenty (20) days of continuous work in such higher classification. Should such training in
the higher classification continue beyond twenty (20) continuous work days, the
employee shall receive a 5% increase in payor the minimum of the higher classification,
whichever is greater, retroactive to the first day of the assignment, until returned to their
regular classification.
Section 3. This article. effective as of the ratification date by the Commission, is not
retroactive.
33
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City of Boynton Beach NCF&O/SEIU r,OCAL 1'227
5/27/04
ARTICLE 22
EMPLOYEES ASSIGNED TO TRAINING DUTIES
Employees who are assigned to train another employee(s) who is/are new to the
position(s), shall be assigned in writing and shall receive a 5% increase in pay during the
time they are training another employee. Incidental training of co-workers with less
experience is expected in all job classifications and is not compensable under this section.
This article, effective as of the ratification date by the Commission, is not retroactive.
34
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City of Boynton Beach NCF&O/SEIU LOCAL 1 27
5/27/04
ARTICLE 23
EMERGENCY PAY POLICY
1. Whenever the City Manager declares that an emergency condition exists, and the
City Manager calls for preparedness actions to take place either before, during or after the
emergency, the City Manager may suspend those necessary provisions of the collective
bargaining agreement as long as the provisions regarding pay and benefits shall remain in
effect.
2. During any declared emergency called by the City Manager, City employees
represented by Local 1227 who are sent home from work, and who do not provide a
service to the City, shall be credited with eight (8) hours of pay or shift time at their
regular straight-time rate of pay, for each work day they remain assigned at home during
the emergency. This eight (8) hours of credited payor shift time shall be counted as time
worked for purposes of computing overtime.
3. Employees who are called in to work, and who provide a service to the City
during the time of the declared emergency, also shall be credited with eight (8) hours of
pay at their regular straight-time rate of payor shift time for each work day during the
declared emergency. This eight (8) hours or shift time of credited pay shall be counted as
time worked for purposes of computing overtime. In addition, employees shall receive
their regular hourly rate of pay, at the appropriate rate of pay, for all hours actually
worked during the emergency.
35
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City of Boynton Beach
5/27/04
ARTICLE 24
CERTIFICATION PAY
The City shall pay $500.00 for each certification or license as determined and agreed
upon by the employee and the department head. The City shall also pay the actual
certification or license fee. A pre-determined list of job related certifications or licenses
will be developed through the labor/management committee, to be attached to this Article
as an exhibit, and shall be developed by no later than sixty (60) days from ratification of
this f\greell1ent. This provision shall not operate to reduce certification incentive pay
policies currently being implemented by departments. Bargaining unit members who
participate in departmental certification pay programs are not entitled to participate in the
program set forth herein.
The City shall provide educational and training opportunities for lifeguards during work
hours so that the employee may earn and recertify for an EMT certificate. The City shall
pay for the course and all course material. Employees who earn EMT certificates shall
receive a 5% wage increase upon initially earning the certificate. No other compensation
is applicable for this certification.
This article, effective as of the ratification date by the Commission, is not retroactive.
36
~í:> S \.2-9101 ~ ';r7Þj
City of Boynton Beach NCF&O/SEIU LO AL 122
5/27/04
ARTICLE 25
SICK LEAVE
Section 1. An employee shall notify hislher immediate supervisor or his designee in a
manner provided for by management of his/her illness no less than one (1) hour before
hislher normal workday begins. This notice procedure shall be followed for each day the
employee is unable to work unless prior approval is granted by department management,
wherein the employee notifies hislher supervisor of the length of time he/she will be
absent.
Section 2. Sick leave will be granted upon approval of the department director for the
following reasons:
A. Employee's health, or up to five (5) days per year for illness of immediate family
member the employee's parent, spouse, or child.
B. Medical, dental, or optical treatment that is determined in ,witing by a physician
to be necessary and must be performed during working hours.
e. Quarantine due to exposure to contagious disease.
D. In connection with Workers' Compensation and which shall remain status quo
during the term of this Agreement.
E. Sick leave pay may be paid (in cash) to an employee for extraordinary
circumstances of hardship and may be granted if the employee has the amount of
sick leave credited to hislher sick leave account. The sick leave cash out may not
exceed ninety (90) hours and the employee must retain a minimum of eighty (80)
sick hours on the books. Denial of sick leave pay will be made in \\-Titing stating
the reasons for the denial. Employees may take advantage of this provision once
during each year of this agreement.
Section 3. Employees shall accrue sick leave at a rate of 96 hours per 12-month
period or eight (8) hours per month. No employee shall be entitled to use sick leave in
excess of the amount of such leave accumulated. Employees may accumulate a
maximum of 1040 sick leave hours. All unused hours shall be paid out at 50% upon
termination of employment with the City. Any accrued but unused sick leave hours
beyond 1040 shall be transferred into the employee's Personal Leave Bank at one for one.
Personal Leave hours may be utilize as necessary. Any unused Personal Leave hours may
be cashed in upon termination with the City on a two (2) to (1) basis, or the full value of
the hours may_be used to purchase health care benefits should the termination be due to
normal or disability retirement.
Section 4. An employee making a departmental transfer will retain any unused sick
leave.
Section 5. Employees who have attained non-probationary status and are regular
employees will have payment made for unused sick leave for up to 1040 hours, at the rate
37
V-ß <5' 2-e I {Lf
City of Boynton Beach
5/27/04
of 50% of the total number of hours accumulated, but not taken upon termination in good
standing, retirement or death. (Retirement shall include normal retirement, disability
retirement, or early retirement as defined in the appropriate Pension Plan).
Section 6. Employees may request, and shall be covered by the provisions of the
Family Medical Leave Act.
Section 7. Sick Leave Donations
(1) It shall be the policy of the City to permit an employee who has a minimum of
120 hours sick leave the opportunity of donating accrued sick leave time to a designated
employee whenever extraordinary circumstances require the designated employee to be
absent from work for a lengthy period of time (workers compensation leave time
excluded), and when the employee has exhausted all accrued sick and vacation leave
down to 40 hours. Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness or injury.
(2) When there appears to be a need to share sick leave bargaining unit members who
are willing to contribute sick leave hours, must confirm through the Finance Department
that the hours are available, and shall submit a Personnel Action form to the Personnel
Office Human Resources Department for proper charge to their sick leave records.
Section 8. Restricted Sick Leave
(1) No member shall be placed on restricted sick leave unless a pattern of sick leave
abuse is present and the employee has had a counseling session with his/her Director or
Department Head. During that counseling session, the employee will be informed of the
reasons being considered for restricted sick leave. At that time, the employee will be
given an opportunity to explain the sick leave taken.
(2) When an employee is placed on restricted sick leave, the employee will be
notified in writing of that fact. An employee placed on restricted sick leave shall be re-
evaluated in three months. If no violation is noted the employee shall be removed from
restricted sick leave status. If not re-evaluated within five (5) working days after the three
(3) month period, the employee will be automatically removed from restricted sick leave.
(3) During the initial ninety (90) day restrictive sick leave period, if there is a
violation of the restricted sick leave policy, progressive discipline shall be applied and the
employee will be placed on another ninety (90) day period of restrictive sick leave
beginning on the date of the policy violation. For each successive restricted sick leave
violation, the employee shall be placed on restricted sick leave for an additional ninety
(90) period and shall be subject to further progressive discipline up to and including
termination.
Section 9. This article. effective as of the ratification date by the Commission, is not
retroactive.
-JD ,38
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City of Boynton Beach
5/27/04
ARTICLE 26
WORKERS COMPENSATION
Whenever an employee is totally disabled from duty for a period of no more than seven
(7) calendar days because of an injury determined to be compensated under the provisions
of the Worker's Compensation Act, he/she shall be entitled to full regular pay.
If the period of disability is greater than 7 calendar days, the employee shall receive a sum
of money up to an amount equal to the difference between his/her worker's
compensation check and his/her normal net pay. In no case will the salary supplement be
extended beyond three (3) months from the date of injury.
At the end of the three months, or sooner, the City Manager, Department Head, and
Human Resources Director (or their designee's) will review the case for a determination
of pay status. If continuation of the salary supplement is granted, it can be at any rate
determined equitable by the reviewing committee, but not to exceed an amount equal to
the net take home pay. In no case will the salary supplement be extended beyond six (6)
months from the date of injury.
After six (6) months from date of injury, the injured employee may elect to receive
accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular
hourly wage, to the extent that his/her combined sick leave or vacation leave, City
supplement, (if less than the full amount authorized) and worker's workers' compensation
benefits equal his/her regular weekly net take home salary. The employee must contact
the payroll clerk to qualify for the combined check.
It is incumbent on the employee to make application for disability in accordance with
their pension plan and the insurance plan they are covered under. Failure to do this
automatically cancels the additional City benefits.
If the appropriate disability plan denies the claim, the additional City supplement benefit
will be canceled. If the appropriate disability plan accepts the claim, the salary
supplement will be canceled after issuance of the disability pension check or at the end of
the time duration outlined above, whichever comes first.
If an employee who is receiving Worker's workers' compensation payment along with
City supplement, sick or vacation leave, is found to be working or receiving
compensation for his/her services elsewhere, during this period, he/she will be obligated
to reimburse the City for all medical expenses and supplement, sick or vacation pay taken
and shall be subject to dismissal.
39
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City of Boynton Beach
5/27/04
ARTICLE 27
LIGHT DUTY
Section 1. Employees may return to work with a light duty certificate and/or letter
from their physician, provided there is work available within the city that would comply
with the doctor's requirements. If there is no such work available the employee will
remain on sick leave status until he/she has a full release to return to work from hislher
doctor.
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City of Boynton Beach
5/27/04
ARTICLE 28
VACATION
Each full time employee shall earn vacation leave as follows:
Years of Service Vacation Vacation
Days Hours
1 year 10 80
2-3 years 15 120
4 years 16 128
5 years 17 136
6 years 18 144
7 years 19 152
8 years 20 160
9 years 21 168
10-15 years 22 176
16-20 years 24 192
21 years 25 200
Vacation leave may be taken as earned subject to the approval of the Department Head
who shall schedule vacations so as to meet the operating requirements of the Department.
Employees may accrue vacation leave to a maximum of the leave earned in the most
recent two employment years. Vacation leave accrued during October 1 - September 30
may exceed this stated policy, however, any amount over the allowable maximum that
has not been used during that (October 1 - September 30 ) period will be forfeited as of
September 30. However, employees who have been denied vacation shall have the
excess vacation hours paid to them, at their regular straight time rate of pay in the last pay
check of the fiscal year.
Vacation requests must be approved or denied within thirty (30) days of the date of the
request.
Employees may cash in up to ninety (90) hours of vacation for emergencies or
extraordinary cases of hardship if the employee has the time accrued in hislher account
provided, however, the combined cash out of sick and vacation in anyone contract year
shall not exceed ninety (90) hours. The employee may take advantage of this right once
during the term of this Agreement. In order to take advantage of this provision, the
employee must maintain a minimum forty (40) hours in the annual leave bank.
This article, effective as of the ratification date by the Commission, is not retroactive.
41
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City of Boynton Beach NCF&O/SEIU LOCAL 1227
5/27/04
ARTICLE 29
BONUS DA YS AND BONUS INCREASES
BONUS DA YS:
Section 1. The intent of this Article is to establish a wellness program designed to
minimize time lost on the job and to help reduce the City's overall health insurance
expenses. The City recognizes that employees occasionally suffer from injuries or illness
necessitating the use of paid sick leave time off. However, this program provides
incentive to reward those employees who use sick time responsibly.
Section 2. All full time City employees covered by this policy are eligible to receive a
bonus day for continuous attendance at work at the completion of each calendar quarter
that the employee has not used sick time during the previous quarter, nor has been absent
from work or on leave other than those paid leave categories recognized in this document.
Section 3. Bonus days shall be counted as vacation leave and subject to the provision
set forth for use of vacation.
BONUS INCREASES:
In addition to any other monetary benefit, the City Manager is authorized to approve a
bonus of $500.00 when such a bonus justified, in writing, on the prescribed forms by the
Department Head. This bonus will not affect the employees pay grade and step. Funds
for the bonus will be budgeted as a separate allowance and administered under the direct
control of the City Manager. Employees are not automatically entitled to bonus is a
system where top performance can be recognized by the immediate supervisor and
prompt rewards can be made at the discretion of the supervisor provided the department
head concurs. This top performance must be substantiated by the supervisor and the
Department Head using the prescribed forms furnished by the City Manager.
42
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City of Boynton Beach NCF&O/SEIU LOCÂL 227
5/27/04
ARTICLE 30
HOLIDA YS
Section 1. The following holidays shall be observed for employees in the bargaining unit:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
In addition, the employee may take his or her birthday with notice to their supervisor.
Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice.
If taken the birthday will be charged as a vacation day. Holidays are not cumulative or
interchangeable.
Section 2. For each observed holiday, a full-time employee shall be entitled to eight
(8) hours of pay at the employee's regular rate of pay, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10)
hours of pay. In all events, where the employee is scheduled off for the holiday, the
employee shall be paid straight time for not working that holiday. In the event that an
employee is scheduled on during a holiday, the employee shall be paid their regular rate
of pay for working the holiday (time and one-half) and shall be paid straight time for the
holiday. Hourly rate employees must work their regular work days immediately before
and after the holiday in order to receive pay for the holiday or be in an authorized with
pay status immediately before and after the holiday.
Section 3. A full-time employee required to work and who actually works on an
observed holiday or on the actual calendar day the holiday but not both, shall receive time
and one-half (1 1/2) their regular rate of pay for all hours worked in addition to that
payment provided in Section 2.
Section 4. Employees on vacation, annual military leave, jury duty, sick leave,
funeral leave, and other absences from duty, but on active pay status on the day the
holiday is observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
Section 5. Holidays falling on a Saturday shall be observed the preceding Friday.
Holidays falling on Sunday shall be observed the following Monday.
43
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City of Boynton Beach NCF&O/SEIU OCÁL 1 27
5/27/04
ARTICLE 31
FUNERAL LEAVE
Section 1. Bargaining unit employees shall be granted time off with pay to arrange
and/or attend funeral services in the event of death(s) in the immediate family as defined
in Section 2 of this Article. Proof of death will be required. Such time off will not
exceed five (5) working days for out of state and three (3) consecutive working days for
in state. At the employee's option, five (5) working days out of state funeral leave may be
taken in two (2) segments of not less than two (2) days each, provided that all five (5)
days are taken within a sixty (60) day period, and documentation establishing out of state
travel related to the death is provided to the Human Resources Director.
Section 2. For purposes of this Article, the employee's immediate family is defined as
a permanent employee's husband, wife, son, daughter, grandchild, son-in-law, daughter-
in-law, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, foster
parents, foster child, step-mother, or step-father or step-child.
Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick
leave and may not be used to trigger an overtime payment in any work period unless the
employee has worked in excess of 40 hours without the funeral leave computation.
Section 4. The City Manager may grant additional leave under this Section, which
shall be debited against the employees annual, or sick leave time or may be granted as
leave without pay.
44
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City of Boynton Beach NCF&O/SEIU L CAL 1227
5/27/04
ARTICLE 32
MILIT AR Y LEA VE
Section 1. All employees in the City service who are members of military reserve
units and who must attend annual training sessions are entitled to leave of absence with
full pay. The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and
Employees Leaves of Absence for Reserve or Guard Training, will grant up to seventeen
(17) calendar days with pay each year in order that such employees may fulfill their
military obligations.
Section 2. Full-time permanent employees in the City service who are called to
perform military service will be granted a leave of absence without pay for such service in
accordance with the provisions of Public Law 93-508, Section 2021 - Right of Re-
Employment of Inducted Persons; Section 2024 - Right of Persons Who Enlist or are
called to Active Duty/Reserves.
Section 3. The City agrees to provide bargaining unit members those benefits
included in the APM Policy No. 06.06.06.
45
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City of Boynton Beach
5/27/04
ARTICLE 33
LEA VE OF ABSENCE
Section 1. A regular employee may be granted leave of absence without pay for a
period not to exceed one (1) year for sickness, disability or other good and sufficient
reasons that are considered to be in the best interest of the City. Such leave shall require
the prior approval of the Department Head, Human Resources Director and the City
Manager. Employees that are on approved leave of absence without pay will be
responsible for paying all oftheir benefits, i.e. insurance, etc.
Section 2. Except under unusual circumstances, voluntary separation from the City
service in order to accept employment not in the City service shall be considered as
insufficient reason for approval of a request for leave of absence without pay. If for any
other reason, leave of absence without pay is given, such leave of absence may
subsequently be withdrawn and the employee recalled to service. All employees on leave
of absence without pay are subject to applicable provisions of these rules.
Section 3. The City shall comply with the Family and Medical Leave Act when
granting a leave of absence under this Article.
46
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City of Boynton Beach NCF&O/SEIU L CA 1227
5/27/04
ARTICLE 34
UNAUTHORIZED ABSENCE
Section 1. A bargaining Unit Member who is absent from work without authorized
leave for a period of more than three days shall be deemed to have abandoned his or her
job and shall be separated from employment with the City. Separation of this type shall
not be considered a disciplinary separation.
Section 2. However, a bargaining Unit Member who is absent from work without
authorized leave for a period of not less than three (3) days or more than thirty (30) days,
but who was physically unable to notify his/her employer or have another person notify
his/her employer, shall not be deemed to have abandoned his or her job and shall not be
separated from employment with the City. Under these circumstances, the director of
Human Resources must be provided with details of the absence and he or she must
determine if just cause exists.
47
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City of Boynton Beach CF&O/SEIU OC L 1227
5/27/04
ARTICLE 35
JURY DUTY
Section 1. An employee who is legally summoned to serve on a jury or as a
subpoenaed witness in a case relevant to the City shall be permitted absence with pay for
the time required from such duty. However, such paid time will not be used in the
computation of any overtime for the pay period that the leave falls in unless the employee
works in excess of 40 hours in the pay period without the calculation of the jury duty
time.
Section 2. If an employee is called for jury duty he/she shall promptly notify his/her
immediate supervisor within five (5) days of receipt of the summons.
Section 3. In the event a holiday shall occur during the period of the employee jury
duty, he/she shall receive pay for such holiday at straight time.
Section 4. The employee must provide the department director with proof of jury
duty service, before compensation is approved.
Section 5. Payment for jury duty will be made as follows:
A. JURY DUTY/WITNESS FEES- all pay granted under this section must be
approved by the City Manager. Leave with pay may be authorized in order that regular
employees may serve required jury duty or a subpoena issued by a court of law to appear
as a witness on cases relevant to the City, provided that such leave is reported in advance
to the Human Resources Director. In order for the employee to receive their regular pay
for such leave the employee must deposit the money, which he/she receives for jury duty
or as a witness with the City Finance Department for those days that coincide with his/her
work schedule. Employees can keep only travel expense money. Employees subpoenaed
as witnesses in cases umelated to City business may take vacation leave in order to
receIve pay.
48
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City of Boynton Beach NCF&O/SEIU L CAL 12'27
5/27/04
ARTICLE 36
SENIORITY & LAYOFF & RECALL
For the purpose of this Contract, "seniority" shall be defined as the employee's length of
continuous service with the City of Boynton Beach. The City and the Union recognize
the value of an experienced work force and agree that an employee's seniority shall be
considered, along with the needs of the City, when affecting decisions on vacations,
promotions and shifts.
Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
c. Resignation
d. Layoff exceeding the period of recall
e. Unexcused absences for three (3) or more days
f. Failure to report to the human resources office intention of
returning to work within five (5) days of receipt of recall as
verified by certified mail.
g. Failure to report from military leave within the time prescribed
Layoff and recall of employees shall be handled in the following manner~
a. The City Manager may lay-off any employees in the bargaining
unit whenever such action is made necessary because of shortage
of work or funds, the abolition of a position or changes in the work
force.
However, no regular employee shall be laid off while there are
employees with less seniority or temporary or part time or
provisional or probationary employees in the same classification
serving in the department where the lay-off occurs.
b. Whenever a layoff of one or more employees becomes necessary,
the City Manager shall notify the Union at least two weeks in
advance of the intended action and the reasons therefore.
c. Layoffs will be made in reverse order of seniority within the
department. Senior laid-off employees of the department shall be
able to displace (bump) junior employees who are in any
equivalent or lower classification for which the bumping employee
is eligible for or for which he qualifies by meeting the requirements
as set forth in the job description.
49
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City of Boynton Beach NCF&O/SEIU LOCAL 1227
5/27/04
d. Laid-off employees also shall have the right to accept the lay-off. In
this connection, the laid-off employee shall have his name placed at
the top of the eligibility list for any position which becomes open, and
for which the employee is qualified. The employee may pass or accept
placement into any such open position for a period of one year.
e. Employees shall have recall rights for a period of one year from the
date the lay-off took affect. Upon recall, employees shall have all
seniority and benefits restored with the exception of any benefits that
were cashed in during lay-off period.
f. Employees may also choose to accept the lay-off at the time of the
initial lay-off and receive a severance package of nine weeks wages.
In this connection, the employee may not reapply to a position within
the City for one year from the date the lay-off took affect and shall not
be placed on the recall list.
g. It shall be incumbent on the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of
recall.
h. Employees shall be recalled in the inverse order of the layoff. The
City shall recall employees via a written document using the US Mail
servIce. Recall letters shall be sent certified, with a return receipt
requested. Employee shall have ten (10) business days to respond to
the recall letter. A laid-off employee who is temporarily unable to
return to work due to medical reasons shall receive an extension of
recall rights not to exceed four (4) months.
50
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City of Boynton Beach
5/27/04
ARTICLE 37
JOB POSTING AND BIDDING
POLICY
Job vacancies may occur which require recruitment efforts in order to fill a vacancy. This
policy establishes that posting of job vacancies are required to ensure that equal
employment opportunity recruitments are consistently attained for all regular status
positions.
BASIC REQUIREMENTS
1. No job shall be filled until the position has been posted in-house for 5 days
and for a total period no less than ten (10) calendar days.
2. Job po stings shall be on official bulletin boards, designated by the Human
Resources Department.
3. Hiring procedures, such as form of application, background check,
interviews, and examination, shall be established by the Human Resources
Department and may be amended from time to time as appropriate.
Copies of current hiring procedures shall be made available for inspection
in the Human Resources Department.
4. The City shall make every effort to fill open bargaining unit positions
within sixty (60) days of the position becoming vacant, except in the last
quarter of the fiscal year.
APPLICATION PROCEDURE
1. When a job vacancy occurs for any position, the Department Director shall
submit an Employee Requisition Form to the Human Resources Department.
The submission of the Employee Requisition Form begins the recruitment
process. Any particular emphasis desired of duties for that job must be
indicated on the Employee Requisition Form.
2. Upon receipt of the Employee Requisition Form, Human Resources will
prepare and distribute a notice of the position vacancy called a "Job
Opportunity". Job Opportunities shall be dated and posted for a minimum of
ten (10) calendar days.
3. Unless otherwise indicated by Human Resources, job po stings will be without
an established Closing Date.
4. Job Opportunities shall contain information such as position title, salary range,
closing date (if indicated), and minimum requirements inclusive of education
and experience, among other things.
5. Advertising of Job Opportunities will be made available to current City
employees by posting or publication and to the general public and will be
coordinated by the Human Resources Department at the same time.
6. If a Closing Date has been established and no applicant is recommended for
employment from the pool of applicants who applied prior to a Closing Sate,
51
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City of Boynton Beach NCF&O/SEIU LOCAL 1227
5/27/04
the posting procedure may be commenced again at the discretion of the
Department Head with the approval of the Human Resources Director.
7. Temporary or seasonal positions do not require job po stings due to the nature
of the employment relationships which is intended to be of a temporary or
seasonal duration, and which has no benefits attached.
52
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City of Boynton Beach NCF&O/SEÌU LOCÁL 1227
5/27/04
ARTICLE 38
SAFETY AND HEALTH
Section 1. Those employees of the Beach Patrol who are assigned lifeguard duties
will be provided masks or goggles, sunscreen lotion, bathing suits, and winter jackets for
safety purposes. In addition employees shall receive an allowance for the purchase of
sunglasses of $120.00 per calendar year. Any portion of the annual sunglasses allowance
not utilized by the employee will be paid to the employee during the last paycheck of the
fiscal year.
Mechanics will be provided two sets of overalls per year for safety purposes.
The City shall make available immunization shots for tetanus, hepatitis and diphtheria for
all members of the bargaining unit as requested on a voluntary basis.
Section 2. During the term of this agreement, employees who are designated by the
Safety Committee will receive a shoe stipend each year for safety shoe/boots, as follows:
10-1-03-04 $175.00
The City/Safety Committee will be responsible for deciding which positions require the
wearing of safety shoes based on OSHA standards and recommendations. Management
shall determine the type and quality of such shoes.
Employees who fail to wear proper shoes/boots to work are subject to disciplinary action.
Employees may utilize the shoe allowance to purchase as many pairs of shoes that they
believe they will require in a year. Employees may purchase the shoes all at once or they
may purchase their shoes one pair at a time. The employee must present a receipt to
hislher supervisor to be reimbursed for the shoes up to the total amount of the shoe
allowance provided by the City each year. Any portion ofthe annual allowance not
utilized by the employee will be paid to the employee during the last paycheck of the
fiscal year.
Employees in Sanitation who provide Re-cyc1e, Rear Loader and Vegetation services, and
Water Utilities employees who are Meter Readers, Water Plant Mechanics and Operators
may require more shoes each year than the allowance will cover. In this event, the
employee must present the worn shoes to his supervisor to receive approval prior to the
City purchasing the employee an additional pair of shoes.
Payments provided for replacement items under this contract are provided as a
reimbursement and not as a flat payment.
Section 3. This article, effective as of the ratification date by the Commission, is not
retroactive.
53
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City of Boynton Beach CF&O/SEIU LOCAL 1227
5/27/04
ARTICLE 39
TOOL REPLACEMENT
Section 1. Except in the case of negligence or misuse all employees requested to
furnish tools for their job shall receive replacement tools for tools broken in performance
of the City's work provided they furnish the City with a list of their personal tools
approved by their department head.
Section 2. Employees who are assigned City provided tools, materials and items of
value to perform their job, and who lose those tools, materials and items of value, shall be
responsible for replacing those lost tools, materials and items of value. Tools stolen from
an assigned City owned vehicle or City property shall be replaced by the City, if the
employee was not negligent in the loss. In the event that the employee was negligent, the
employee shall be responsible for the replacement of the stolen tools.
Section 3. Fleet and Golf Course Mechanics shall receive an allowance of $750.00
annually to purchase new tools that are required for the employee to complete his
assigned task. The City shall continue to purchase all required specialty tools and replace
lost, stolen or broken tools at fair market value.
Payments provided for replacement items under this contract are provided as a
reimbursement and not as a flat payment.
Section 4. This article, effective as of the ratification date by the Commission, is not
retroactive.
54
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City of Boynton Beach N F&O/SEIU OCAL 1227
5/27/04
ARTICLE 40
UNIFORMS
The City will issue a newly-hired employee the following properly fitted standard
industrial quality uniforms thirty (30) days after starting work:
5 Green short-sleeve or long-sleeve work shirts
5 Green work pants
5 Tee Shirts
1 Jacket (Bi-annually)
Hats as necessary
5 White Polo Shirts (Bus Drivers Only)
Employees have been furnished a uniform and must wear their uniform to work.
Bargaining unit members are being given a sufficient number of uniforms to make a neat,
clean appearance at work every day. Bargaining unit members will not be allowed to start
work each day unless they are in full uniform. Employees must purchase additional
uniforms if necessary to comply with this Section unless the uniform is replaced pursuant
to Section 6 of this Article.
Bargaining unit members agree to maintain the uniforms and to hem the pant leges)
properly. (There will be no cutting or ripping of raw, unfinished edges, rolling up,
stapling or scotch taping.)
The City Manager, in his/her sole discretion, may permit employees in certain
classifications to wear shorts. When worn, shorts must be neatly tailored and hemmed
without frayed edges or cuts, and must fall within four (4") inches of the kneecap. During
the term of this agreement and thereafter, the City Manager in his/her sole discretion may
change the decision made under this Section and the Union agrees to waive any
bargaining over such changes.
Bargaining unit members will be entitled to a reissue of properly fitted standard industrial
quality uniforms. Reissue of uniforms on an annual basis consists of 5 work pants and
five work shirts, with an option of five T-shirts for a total of 10 shirts. (This option is
determined by the employee's needs.)
Uniforms destroyed or damaged while being worn on the job will be replaced provided a
memo outlining the cause of the damage is provided. All issues being replaced must be
turned in for the new issue and recorded.
City uniforms are for City job use only. Uniforms shall not to be worn on outside jobs, be
given to non-city employees, or worn while off duty (break periods excepted), except
while the employee is actually traveling to and from work. Uniforms may be worn while
55
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City of Boynton Beach NCF&O/SEIU LdCAt 1227
5/27/04
traveling to and from work, provided the employee does not stop in transit to engage in
personal business or activities. Bargaining unit employees shall not purchase or consume
alcoholic beverages while wearing their uniform.
During the term of the Agreement, should the City provide a uniform cleaning service to
bargaining unit members, a committee may determine to change the color of the uniforms
to the color "blue". Employees may opt out of utilizing the uniform cleaning service if
they can provide documentation from a physician indicating a medical condition that
requires the use of other cleaning process.
56
City of Boynton Beach ~ flrhi
NCF&O/SEIU L Ai 1227
5/27/04
ARTICLE 41
INSURANCE
The City shall pay the total medical, hospitalization, and dental insurance premium for all
regular employees. The employees will pay the full cost of medical, hospitalization and
dental insurance for their dependents. Existing or comparable coverage shall remain in
effect for the duration of this Agreement; however in the event the City can provide for
alternative equivalent benefits options for employees then the health insurance coverage
for the employee and their dependents may be amended from time to time. In this
connection, should the employees' cost to provide dependent coverage for their
dependents increase more than 15 % during any fiscal year, the City agrees to open this
Article for the purpose of impact bargaining. The selection of insurance coverage shall
be made on an annual basis by the City. To that end, the City will form an insurance
committee to be comprised of an equal number of non-represented members who are
appointed by the City Manager and two members from each ofthe city's bargaining units.
Bargaining unit representatives shall be designated by the Union. The final decision
regarding selection of coverage is reserved to the City, but the City shall strongly consider
input and recommendations from the insurance committee.
57
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5/27/04
ARTICLE 42
PERSONNEL FILES
The personnel files for all City employees are maintained by the City's Human Resources
Department. If a request is made to review an employee's personnel file by someone
other than the Department Director, the Human Resources Department Staff or the City
Manager's office, a notice will be sent to the employee notifying himlher of such a
request. Consistent with State law, the City agrees that upon request, a member shall
have the right to inspect his/her O\\<TI personnel records and shall have the right to make
duplicate copies of his/her records at no expense. The City will purge personnel files in
accordance with appropriate Florida State Statutes. The employee file maintained by the
Human Resources Department shall be the official file for each employee. Prior
disciplinary actions, beyond a two year time frame, recorded on the employee personnel
file that are not pertinent to the particular action being considered, shall not be referred to
in any current disciplinary action.
58
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City of Boynton Beach NCF~O/SEIU OCAL 1227
5/27/04
ARTICLE 43
TUITION REIMBURSEMENT
The City agrees to provide bargaining unit members those benefits included in the APM
Policy No. 04.01.03 included as an exhibit to this article.
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City of Boynton Beach
5/27/04
ARTICLE 44
GENERAL PROVISIONS
Section 1. The employee shall be allowed to place written responses in their
personnel file and/or departmental work file when those responses relate to material
placed into the personnel file which has been prepared by the supervisors (i.e. reprimands,
written comments).
60
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City of Boynton Beach NCF&O/SEUJ'LO AL 1227
5/27/04
ARTICLE 45
DUES DEDUCTION
Section 1. Employees covered by this Agreement may on the prescribed form,
authorize payroll deduction for the purpose of paying LOCAL 1227 dues and/or a
uniform COPE deduction. Employees shall receive copies of the form from either the
City Finance Department or their Union office.
Section 2. The Union will initially notify the City as to the amount of dues and/or
COPE deduction. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership dues or
COPE deductions will be similarly certified to the City and shall be done at least one (1)
month in advance of the effective date of such change. To revoke the payment of Union
dues and/or COPE deductions~ the employee shall go to the Union office and Union staff
shall prepare and mail notice of such change to the City's Finance Department.
Section 3. Dues and COPE deduction§ shall be deducted each pay period and
remitted monthly and the funds shall be remitted along with a list of employees
contributing to the Treasurer of LOCAL 1227 within fifteen (15) days after the end of the
month. The check for COPE deductions wìll be submitted to the Union separately from
the check for dues on a quarterly basis beginning April 2004. The Union will indemnify,
defend and hold the City harmless against any claims made or suits instituted against the
City on account of payroll deduction of Union dues and/or COPE deductions.
Section 4. For the purpose of putting this article into effect, the Union will furnish
forms for such individual authorization reading as follows:
61
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City of Boynton Beach NCF&O/SEIU
5/27/04
NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUA TION OF UNION DUES
I hereby authorize my City to deduct from my salary each pay period my Union
dues, as certified to the City by the Union, and to transmit this amount to the Treasurer of
the Union.
I herby authorize my employer to deduct from my salary each pay period my
COPE deduction of $1.00 per week, as certified to the employer by the Union, and to
transmit this amount to the Treasurer ofthe Union.
I understand that these authorizations are voluntary and I may revoke them at any time by
giving my employer and the Union thirty (30) days advance notice in writing.
Date Signature
Job Title Name Printed
Social Security No.
62
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City of Boynton Beach
5/27/04
ARTICLE 46
PENSION
Section 1. Employees will continue to participate in the employees pension plan of
the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's
annual actuarial valuation report will be provided to the Union, in its entirety, upon
request from the Union.
63
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City of Boynton Beach
5/27/04
ARTICLE 47
SUBSTANCE ABUSE
Section 1. The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in Ordnance No. 92-51 and will work with the City to
enforce the provisions of the policy. It is recognized by the Union that the City's Drug
Free Workplace Policy applies to all members of this bargaining unit.
64
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City of Boynton Beach NCF&O/SEnJ LOCAL 1227
5/27/04
ARTICLE 48
PROBA TIONAR Y PERIOD
Section 1. All newly hired or rehired employees shall be subject to a probationary
period of -one (1) year.
Section 2. All promoted employees shall be subject to a probationary period of six
(6) months.
65
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City of Boynton Beach
5/27/04
ARTICLE 49
LONGEVITY BENEFIT
Section 1. Employees eligible are those employees who:
a. Have been employed with the City on a regular full-time basis and
continuous basis for a minimum of five (5) years
b. Have an overall "Meets Standards: or above rating on the previous
employee evaluation
Section 2. Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of $500.00;
On the employees tenth (1oth) anniversary a lump sum bonus payment of
$1000.00;
On the employees fifteenth (15th) anniversary a lump sum bonus payment
of $1 ,500.00;
On the employees twentieth (20th) anniversary a lump sum bonus payment
of $2,000.00.
On the employees twenty-fifth (25th) anniversary a lump sum bonus
payment of $2,500.00.
On the employees thirtieth (30th) anniversary a lump sum bonus payment
of $3.000.00.
On the employees thirty-fifth (35th) anniversary a lump sum bonus
payment of $3,500.00.
On the employees fortieth (40th) anniversary a lump sum bonus payment of
$4,000.00.
Section 3. Any pay earned for Longevity Benefits is subject to required Federal
deductions.
Section 4. Employees who terminate from the City employment prior to their hire
anniversary date will not be entitled to benefits.
Section 5. This article, effective as of the ratification date by the Commission, is not
retroactive.
66
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City of Boynton Beach NCF&O/SEIU LOCAL 1227
5/27/04
ARTICLE 50
MANAGEMENT RIGHTS
Section 1. Except and only to the extent that specific provisions of this Agreement
expressly provide otherwise, it is hereby mutually agreed that the City has and wì1l
continue to retain, the right to organize, plan, direct, control, operate and manage its
affairs and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this section,
the legal principle that "the expression of one item is the exclusion of another" shall not
apply. Rather, full effect shall be given to the intention of the parties that management
shall retain all constitutional, ordinance, inherent, common law, or other rights except to
the extent specific provisions of this Agreement expressly provide otherwise. The Union
recognizes the prerogatives of the City to operate and manage its affairs in all respects;
and the powers and authority, which the City has not abridged, delegated or modified by
this Agreement, are retained by the City. The rights reserved to the sole discretion of the
City shall include, but not be limited to, the right:
A. To determine the purpose and mission of the City and all its employees, to
determine the amount of budget to be adopted, and to exercise control and
discretion over the organization and operation of the City in all respects
including the right to determine whether goods or services are to be made,
provided or purchased and to decide the design and maintenance of the
departments, facilities, supplies and equipment.
B. To maintain economic stability.
C. To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement technological changes or
improvements including, but not limited to, vehicles, and all other
materials or supplies.
D. To determine the methods, income and personnel by which such
operations are to be conducted including the right to contract and sub-
contract existing and future work.
E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
F. To suspend, demote, discharge, reprimand, or take other disciplinary action
against employees for just cause.
G. To determine the organization of City government.
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H. To determine the purpose and extent of each of its constituents,
departments and positions therein.
I. To set standards for service to be offered to the public, and standards for
the performance of duties of job assignments.
J. To manage and direct the work of the employees of the City, including the
right to assign work and overtime.
K. To establish, determine, implement and maintain effective internal security
practices.
L. To determine the number, type and grades of positions or employees
assigned to an organizational unit, department or project.
M. To determine lunch, rest periods, and clean-up times, the starting and
quitting time, and the number of hours to be worked. Work schedules will
be posted, and will not be altered in the midst of normal pay periods.
N. To adopt or enforce cost or general improvement programs.
O. In a civil emergency, to use personnel in any lawful manner.
Section 2. If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions,
tornado, national emergencies, or other emergency conditions, the provisions of this
Agreement may be suspended by the City during the time of the declared emergency.
Section 3. The City has the right to impose something that is unilateral in nature, and
the Union has the right to object to that decision. If the City does impose something on a
unilateral basis and the Union after notice fails to object to that decision within six (6)
months, it shall be considered finally imposed.
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ARTICLE 51
SAVINGS CLAUSE
Section 1. If any Article or section of this Agreement should be found invalid,
unlawful or not enforceable, by reason of any existing or subsequently enacted legislation
or by judicial authority, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
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ARTICLE 52
MAINTENANCE OF CONDITIONS
Except as provided herein, the status quo as it pertains to conditions shall remain in effect
for the duration of this Agreement. Changes to rules and regulations which reflect
standing policy, past practices, management rights, minor changes, and changes which do
not impact on members of this unit may be made by the City upon notification to the
Union. There is are no non-salary (wages or allowance) monetary benefits, including
those established by past practice, except those expressly set forth or incorporated by
reference in this Agreement.
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ARTICLE 53
POSTING OF AGREEMENT
The City will maintain a copy of this Agreement for inspection in the Human Resource
Department.
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ARTICLE 54
COLLATERAL DOCUMENTS
This Collective Bargaining Agreement does not exist in a void. Provisions of the City's
PPM, APM, Departmental Rules, and other policies established by resolution or
ordinance (collectively referred to as collateral documents) which have been presented to
and agreed to by the Union are applicable to bargaining unit members unless addressed in
this Agreement. In the event of a conflict between the terms of this agreement and any
other collateral document, the terms of this Agreement shall control.
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ARTICLE 55
DURATION
Section I. This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes and remain in full force and effect until
September 30, 2004. Wage and benefit levels existing on September 30, 2004 shall
constitute the status quo during any period of negotiations for a successor agreement.
.
Agreed to this day of , 2004 by and between the respective parties
through the authorized representatives of the Union and the City.
NATIONAL CONFERENCE OF FIREMEN & OILERS, SElU, AFL-CIO,CLC
LOCAL TRUSTEE Witness
Sharon Munley
Witness
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CITY OF BOYNTON BEACH
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~~(]i.0 rAND CORREC1NESS~~
~ CITY ATTORNEY CITY MANAGER
James Cherof Kurt Bressner
Date ratified by Commission: c,/¡JoLj Date ratified by Union:
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