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White Collar 10-03 to 09-06 PROPOSED AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN AND OILERS, SEIU, AFL-CIO, CLC LOCAL 1227 WHITE COLLAR BARGAINING UNIT October 1, 2003 - September 30, 2006 S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City propos f J '~lJ!fIUr·1; ARTICLE 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". Section 2. The purpose of this Agreement is to set forth the wages, hours, and terms and conditions of employment of the public employees within the bargaining unit. S:\HRIWPICorrespondenceIARTHURINCF&O White CoUar City proposal 90903 & 100103.doc ARTICLE RECOGNITION Section 1. The bargaining unit is comprised of those positions certified for inclusion by the Public Employees Relations Commission. A list is attached as Exhibit "A". In the event of any conflict in the description of the bargaining unit as set forth on the attached list and PERC Orders, the PERC Orders shall control. Section 2. The City of Boynton Beach hereby recognizes the National Conference of Firemen and Oilers, SEIU LOCAL 1227 (hereinafter "Union") as exclusive representatives for the bargaining unit for the purpose of bargaining collectively with the City relative to wages, hours, and terms and conditions of employment. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE REPRESENTATION OF THE CITY Section 1. The City shall be represented by the City Manager. All references to the City Manager shall mean the City Manager or a person or persons designated by the City Manager to act on his behalf. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE UNION REPRESENTATION Section 1. The City agrees to recognize the Union's officers and four (4) City employee stewards as agents of the Union. There shall be no more than two (2) employees designated as stewards in any department. The Union shall furnish written notice to the City Manager 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 four (4) City employee stewards. The authority ofa Union steward to act on behalf of and bind the Union is implied from their designation as Steward. r > \. (( ~~ Section 2. LNon~JJ.lp),Qy~ opcials of the Union shall, with prior notification approved by the Cìfy~ana¡{H'¡;e 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. Non·employee officials shall discontinue any meeting and leave the premises of the City when directed to do so by the City Manager or any management level employee acting oI1' behalf of the City Manager: 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. = ,,- .c>, )rir Section 3. Union stewards will be granted paid leave to engage in representation activities on behalf of any member as follows: A. Engaging in collective bargaining with the representatives of the CITY. Accompany a fellow employee when: B. T~e employee .is requi~¡d. to appear at a hearing related to a gnevance¡1t.... p,+-.so ,(' /I r/, ~ rJ i {, ;¡/,~ f (I ( f" '" ! ".;,< \ The employee is presenting orresponding to a .!f.' _t. +íC.1 ~ ., The employee is attending a pre-determination hearing. 7 The City grants the Union stewards, as a group, f~hours per year, without loss of "r pay to engage in representative activities as set forth in subsection B. The fg¡:tJ' (18) hours may be transferred from steward7to steward, provided the total for all four (4) stewards does not exceed f"'~' E4~ hours. . If the total hours used exceeds 40, 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. 1. 2. 3. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc 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 III Union business while on duty except as referenced in Section 4. Section 5. The City Manager will grant the Union stewards combined leave, without pay, for a total of tell (10) 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 40 hours per year granted. The form for this purpose shall be attached hereto as Appendix "A" to this agreement. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc / "( - 1/""":''1 ~_.\'"\'"""'-( ç·O·~ .... ARTICLE 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 two stewards may attend 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. ~...., ~r '" \. Section 3. Nothing in this Agreement, nor any past practice, requires that bargaining sessions be conducted during normal working hours (8:00 A.M.-5:00 P.M.). -> -~:2 ( S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE UNION TIME POOL Section 1. Between Jan~.1 51 and F,~ruary 1st of each year of this agreement, bargaining unit members s!1ìílf~oRálÐ ri~e (5) hours of accrued vacation or comp time to be banked and subsequently used to permit designated Union stewards to engage in representative activity. All donated time will be calculated, banked, and distributed on an hour-to-hour basis. An list of those 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. -1- h-i ~ \ JfrtC\+¡'v--l Ivc.·((.1 (,..qJc.dVL :(C S:\HRIWPICorrespondenceIARTHURINCF&O White CoUar City proposal 90903 & 100103.doc ARTICLE UNION 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 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. office. The Union shall not post endorsements for candidates who are running for S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE PROGRESSIVE DISCIPLINE PURPOSE 1. The City is committed to recruit, train, and retain qualified employees who will contribute to the City's mission. 2. The success of the City govemment in providing quality and efficient public service directly correlates with appropriate employee conduct and performance. Employee behavior that is positive and supportive of the goals of effective municipal management is fully encouraged. 3. When an employee's conduct or performance is inconsistent with the needs and goals of the City, disciplinary actions up to and including dismissal can occur. Progressive discipline is suggested when circumstances support its use. In proper cases, dismissal may immediately occur. 4. No employee shall be disciplined or discharged without just cause. POLICY I. Counseling and written reprimands should be utilized as an element to motivate employees to choose behavior conducive to an individuals growth, development and most importantly to insure the successful operation of the City and its services. However, in certain circumstances punitive discipline actions will be necessary. There is no "fixed formula" for discipline, management reserves the right and prerogative to make disciplinary decisions based on repeated occurrences of varying incidents, past performance or severity of the incident. 2. Although progressive disciplinary actions are encouraged when circumstances support such use, the severity of misconduct and the circumstances shall determine the nature of the discipline. 3. A number of factors should be considered in determining the appropriate level of discipline to be taken at each successive step. Such factors may include time intervals between offenses, effectiveness of prior disciplinary actions, insubordination, employee willingness to improve, overall work performance and teamwork. 4. Certain misconduct is so contrary to the public interest that dismissal shall be the only appropriate measure. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc 5. The level of misconduct may differ in individual cases from apparently similar incidents. The City retains the right to treat each occurrence on an individual basis without creating a precedent for situations which may arise in the future. This case-by- case method is designed to take individual circumstances and/or mitigating factors into account. These provisions are not to be construed as a limitation upon the rights of the City, but are to be used as a guide. 6. The failure of immediate supervisors to document and/or take disciplinary actions for misconduct, or the failure to follow the completed disciplinary documents to Personnel, shall serve as grounds for disciplinary action. EXAMPLES OF MISCONDUCT The following types of infractions, offenses or misconduct shall represent employee noncompliance with rules, regulations, policies, practices or procedures of the City or the Department or employee wrongs or offenses which violate permissible behaviors or are specifically prohibited by law. The following are examples of violations which shall result in discipline and the progressive discipline actions which may accompany the violations. MISCONDUCT I. Conduct unbecoming of a City employee. Conduct unbecoming a City employee means: Employee behavior or actions on the part ofthe employee which hinder or jeopardize the successful operation of the City, undermine teamwork and cooperation among City employees, or undermine the public confidence in the City or its employees. 2. Violations or disregard of City Safety Policy & Procedures, including: a. Careless use of vehicles or equipment b. Failure to use all safety restraints when riding in or operating a City vehicle c. Failure to wear and or use prescribed uniforms or equipment 3. Abuse of Personnel Policies, including but not limited to: a. Abuse of sick leave privileges, sick leave policy or excessive absenteeism b. Failure to notify Department and or Human Resources of current address and telephone number within 10 calendar days of change c. Failure to report any outside employment 4. Abuse of departmental procedures and work rules including: a. Failure to provide name and official title to any person requesting same when performing work related duties b. Habitual extension of lunch period or break period S:\HRIWPICorrespondenceIARTHURINCF&O White CoUar City proposal 90903 & 100103.doc c. Habitually late for work without valid reason d. Smoking in prohibited areas e. Unauthorized solicitation, posting of material or non-productive behavior 5. Documented failure of a supervisor to perform duties required of supervisory employees including recommending and/or taking disciplinary actions when necessary. NOTE: This chart outlines the usual progression options for repeated occurrences of misconduct. If serious misconduct or extreme misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST 2ND 3RD OCCURRENCE OCCURRENCE OCCURRENCE Misconduct Counseling Written Reprimand Suspension Without Pavor Dismissal SERIOUS MISCONDUCT 1. Violation or disregard of City Safety Policy & Procedures, including: a. Continued misuse of equipment or negligence resulting in injury to self others or damage to City equipment or property b. Horseplay potentially hazardous to life or property c. Unauthorized use or unsafe operation of City property, equipment or vehicles 2. Abuse of Personnel Policies, including: a. Threatening a co-worker or supervisor b. Use of abusive language to or about an employee, co-worker, supervisor or the public c. Insubordination, meaning the failure to recognize or accept authority of a supervisor 3. Abuse of departmental procedures and work rules, including: a. Sleeping on the job b. Absent without calling in to department within one hour of shift start time c. Disrupting or hindering departmental operations d. Failure to work required overtime assignments, special hours, special shifts or unavailability during stand-by status e. Outside employment which conflicts, interfered or otherwise hampers the performance of the employee in their City job 4. Inefficiency or Incompetence S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc The inefficiency or incompetence in the performance of assigned duties may result in demotion or disciplinary action up to and including termination. Examples of poor performance shall include failure to provide responsive, courteous, high quality customer service or repeated failure to support team goals, and contribute to team success. Employees who receive an OVERALL "Partially Meets Standards" or "Does Not Meet Standards" performance evaluation (rating of 1 or 2) shall be given follow-up evaluation within 60 days of the "Does not Meet Standards: or :Partially meets Standards" initial evaluation. More than one overall rating of "Below Standards" may subject the employee to demotion or disciplinary action up to and including termination. It is the responsibility of every employee to perform at a minimum level of "Meets Standards" {as outlined in the Incentive Pay System Policy}. The following chart outlines the progressive discipline options for three occurrences of serious misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive discipline. OFFENSE TYPE 1ST 2ND 3RD OCCURRENCE OCCURRENCE OCCURRENCE Serious Misconduct Written Reprimand Suspension Without Dismissal or Suspension Payor Dismissal WithoutPav EXTREME MISCONDUCT 1. Violations or disregard of City Safety Policy & Procedures, including a. Failure to report an on-the-job injury or accident within 24-hours to the immediate supervisor b. Failure to report an employees' on-the-job injury to Risk Management within 24 hours and/or completion of necessary documentation c. Fighting on the job or engaging in any intentional act which may inflict bodily harm on anyone d. Operating a City vehicle or equipment without a required and valid driver's license e. Failure to report the revocation or suspension of a driver's license when employment involves driving 2. Abuse of Personnel Policies, including, but not limited to: S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc a. Possession of a firearm or concealed weapon on City property or while performing official duties without written permission from the Department Director (excluding law enforcement officers) b. Gambling during work hours c. Refusal to sign a disciplinary form d. Suspension or revocation of any required job related license or certifications. 3. Abuse of departmental procedures and work rules, including: a. Unauthorized personal use of City equipment or funds b. Conducting personal and/or private business on City time; improper use of City time for such activity c. Falsifying attendance records d. Other department rules as communicated by director or supervisor 4. Illegal, unethical or improper acts, including: a. Theft or removal of City property without authorization b. Falsifying employment application or concealing information during pre- employment screening or processing c. Soliciting or accepting an unauthorized fee or gift or failure to comply with Chapter 112, Florida Statute d. Giving false information or failure or refusal to fully cooperate or provide full truthful information in City initiated investigations e. Possession, use or sale of illegal drugs, alcohol or prescription medication that alters the employee's performance on the job or any confirmed positive drug test f. Possession or use of alcohol while on duty; or reporting to work under the influence of alcohol g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program h. Refusal to submit to a City required drug or alcohol test i. Falsifying or attempting to falsify a City ordered drug test j. Violating the City's Sexual Harassment policy through interaction with another employee or a member of the public k. Conviction of a felony (Including non-work related) The following chart outlines the progressive discipline options for two incidents of extreme misconduct. If misconduct or serious misconduct has occurred previously, there will be faster progressive action. OFFENSE TYPE 1ST 2ND OCCURRENCE OCCURRENCE Extreme or Suspension Without Dismissal Unlawful Payor Dismissal Misconduct S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc Note: The progressive discipline steps outlined above refer to the discipline options the City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in any manner by such options and is free to independently determine the appropriate level of discipline if the employee is found to have committed the offense. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc PROCEDURE FOR DISCIPLINARY ACTION I. When an immediate supervisor becomes aware of conclusive evidence of the need for the employee discipline, he/she becomes responsible and shall investigate the circumstances of the misconduct or lack of performance, prior to deciding upon the type of disciplinary action to be recommended or taken. Documentation of the discipline investigation or of the conduct shall be required on the part of the immediate supervisor in order to establish appropriate records. Human Resources will be available to assist in such investigations. In cases where investigations of a more substantial nature are required, the following types of administrative review shall be administered. A. Administrative Review: Investigations of non-criminal violations conducted in the absence of immediate or conclusive evidence involving any City employee, with the exception of Police department employees. These investigations shall be conducted by the Department Director and Human Resources, who shall obtain all sufficient information, including documentation and/or sworn statements, in order to determine the necessity or level of disciplinary action. Human Resources shall assume responsibility for acquiring any necessary sworn statements. Administrative investigations shall be conducted expeditiously. B. Criminal Investigations: Investigations conducted when criminal violations are reportedly committed by an employee of the City. The Police Department, in collaboration with the Department Director of the involved employee shall conduct these investigations. 1. In instances where an investigation of serious, unlawful or other extreme misconduct is necessary, administrative and/or criminal investigations shall be conducted prior to the effective date of final disciplinary action. 2. The immediate supervisor may initiate a three-day suspension or less suspension with pay to afford a supervisor the opportunity to investigate an alleged incident or misconduct in the absence of the employee. Suspensions of more than three days with pay require the approval of the Human Resources Director. This practice may also be used in the event that alleged misconduct is severe but unproved. The immediate supervisor shall immediately notify the Department Director and Human Resources after the suspension is issued, so that the matter can be investigated. 3. A recommendation for disciplinary action may result from the findings of an investigation. If disciplinary measures are not recommended after the investigation, the suspension with pay period shall not be counted as disciplinary in nature. A document confirming a favorable determination as to the matter should be made part of the employee's record. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc TYPES OF DISCIPLINARY ACTION A. COUNSELING - Consists of the immediate supervisor warning the employee to correct or improve performance, work habits or behavior, and counseling the employee on improvements expected. Counseling serves as a warning against further repetition of employee behavior. Future violations will result in discipline up to and including termination. The immediate supervisor should complete a Counseling Memorandum. The employee shall be required to sign the form signifying that he/she has read and discussed the contents with the supervisor. The Counseling Memorandum shall be forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. The supervisor may request that the employee complete a written action plan to correct the behavior. Employees may submit comments for inclusion in the record. B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written notice of reprimand to improve performance, work habits or behavior. A written reprimand should include a complete description of the incident(s) of misconduct, inappropriate behavior, work habits or performance which require improvements; previous records of discussion; a time frame within which the employee must correct or improve his/her behavior; and a warning that future violations will result in further disciplinary actions up to and including termination. Written reprimands shall be signed by the employee to acknowledge receipt and forwarded to Human Resources for retention in the employee's records, with a copy provided to the employee. Employees may submit comments for inclusion in the record. The employee may be required to complete a written plan for correction of the behavior. When the written reprimand contains a time frame for employee improvements, a follow- up discussion at the end of the designated time period should be conducted. The follow- up discussion will provide a specific opportunity to review the employee's improvements relative to the discipline. Written reprimands should be reflected on the ernployee's performance appraisal along with any noted improvements. C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from returning to work until the specified period of suspension has passed or the forfeiture of vacation time, if agreed to by the employee. Suspensions without pay shall be used when an employee is removed from the job due to extreme misconduct or unlawful behavior, or when instances of progressive discipline S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc supports a suspension without pay for a specified period of time. Any time an employee is suspended for discipline the suspension shall be without pay. 1. With the written authorization of the Department Director and Human Resources, immediate supervisors have the authority to issue a suspension without pay for three (3) working days or less. 2. Suspensions without pay beyond three working days require prior concurrence by Human Resources, review by the City Attorney's Office and authorization by the City Manager's Office. 3. Employees being suspended without pay shall be notified in writing by the immediate supervisor. The written notification shall consist of the reason for the action and the duration of the suspension without pay. It shall also include a statement that future violations will result in further disciplinary actions up to and including termination. 4. Employees may submit comments for inclusion in the record. Written notification of a suspension shall be signed by the suspended employee acknowledging receipt of the written notification, and forwarded to Human Resources for inclusion in the employee's record, with a copy provided to the employee, the Department Director, and one to the Finance Department for payroll purposes. D. DEMOTIONS - In the context of this policy demotion consists of an employee being involuntarily removed from a higher level classification to a lower level classification, with a resulting decrease in salary. Although not limited to such instances, demotions may occur in some cases because of the inability to fulfill the duties of the higher level job in a satisfactory manner; or a failure to comply with employment conditions such as licensure or certification. In addition, probationary employees shall be subject to demotion without the City being required to state a reason. The probationary employees shall not have access to any appeal process with regard to the demotion. Immediate supervisors should discuss the potential demotion of an employee with their chain of command and the Human Resources Department prior to a written recommendation for demotion. The Department Director shall then submit the written recommendation to the City Manager through Human Resources. Demotions require concurrence from Human Resources, review by the City Attorney's Office and authorization from the City Manager prior to being effected. Written notification of demotions shall be provided to the employee by the department Director. Such notices shall include the final decision, the reason( s) for the decision, the employee's new classification title, the new pay range and pay rate, and the effective date of the demotion. Written notifications shall also include that future violations will result S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc in further disciplinary actions up to and including termination if the demotion was a result ofmisconduc( All documentation of a demotion shall be retained in the employee's file in the Human Resources Department. A copy of the written notification of demotion shall be forwarded to the Finance department for payroll purposes. Employees may request a demotion to a lower level classification voluntarily. Such demotion shall not be punitive. Employees may submit comments for inclusion in the record. Written notification of a demotion shall be signed by the employee acknowledging receipt of the written notification and forwarded to Human Resources for inclusion in the employee's record. E. DISMISSAL - Dismissal is a result of an employee's involuntary termination that severs the employment relationship. At such time all employee benefits cease, except as otherwise provided by law. Immediate supervisors shall supply through documentation and discuss recommendations for an employee's disrnissal with their chain of command and Human Resources. Upon receiving a written recommendation from the supervisor, the Department Director shall submit the documentation to Human Resources. Dismissals shall be effected only with the concurrence of Human Resources, review by the City Attorney's Office and authorization by the City Manager. A written notice of recommended termination shall be given to the employee in person. However, after two unsuccessful attempts to deliver the notification, then the notice shall; be sent via US mail to the most recent address on record in the personnel file. The recommendation shall include the following information: 1. The underlying reasons for the recommended termination 2. Documentation upon which the Department Director relied in formulating said recommendation 3. An explanation of hislher rights to request a predetermination hearing prior to termination taking effect and the facts that the decision to discipline of the City Manager shall be final subject to grievance and arbitration as provided for in Article 10 of this Agreement. The dismissal recommendation and the City Manager's final decision shall be placed in the employee's personnel file, and a copy shall be forwarded to the employee and hislher Department Director. Employees may submit comments for inclusion in their personnel file. Probationary employees who have not successfully completed the established probationary period shall be subject to dismissal without cause, after review by Human Resources. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc RIGHT TO PRE-DETERMINATION HEARING Prior to the effective date of any suspension without pay of three (3) days or more, or a termination, the City shall conduct a predetermination hearing. The Human Resources Director and the City Manager's designee shall conduct the predetermination hearing. The employee shall be provided with reasonable notice of the predetermination hearing date and of the charges which are the grounds for the disciplinary action. The employee may be accompanied and assisted at the predetermination hearing by a representative of his choice. The employee shall be afforded the opportunity to present information in defense or mitigation to the charges brought against the employee. Following the predetermination hearing, and any further investigation into issues raised by the employee in defense or mitigation of the charges, the Human Resources Director and the City Manager's designee shall sustain, reverse, or modify the disciplinary action and give the employee written notice of their action and at the same time establish the suspension or termination date( s) if appropriate. EMPLOYEE APPEALS - GRIEVANCES 1. Probationary employees shall not have the right to appeal or grieve any type of disciplinary action. 2. Regular employees shall have just cause appeal and grievance rights as outlined in Article 10 of this Agreement. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 10- GRIEVANCE 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 have failed. The term "day" shall mean, calendar day, Monday through FridaX, exclusive of holidays recognized by this Agreement. Section 2. 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 directives 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 ofthe 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 this 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 settled on the basis of the last answer by management. Failure by management to observe time limits for any step of the grievance procedure shall entitle to 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. Grievance and Appeal Procedure Steps A. An employee who receives a verbal and written warning may place a written refutation into his/her personnel file to dispute the verbal w¡µning or warning notice. Should the employee not sustain an additional verbal or written warning for the same offense within twenty-four (24) months of the initial warning, the initial verbal or written warning shall not thereafter be considered for progressive discipline. B. Discipline, which is more severe than a written or verbal warning, but less severe than a four-day suspension shall be appealed through the expedited grievance and arbitration process, or by appeal to the Human Resources Director, at the employees' option. If appealed to the Human Resource Director, decisions of the Human Resource Director are final and binding Unless the City and the Union agree within five (5) days to appoint a hearing officer, a hearing officer shall be appointed from a roster of mediators employed by Mediation, Inc. The hearing officer shall be appointed with the S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc understanding that hearing on the matter appealed will be heard within thirty (30) days following appointment. Request for appointment of a hearing officer shall be made by the City to the Office Administrator of Mediation, Inc. Neither party shall participate in the selection of the hearing officer, but both the City and the Union shall be entitled to strike (one strike each) the appointment of the hearing officer for good cause. Witnesses shall be limited to four for either party. Court reporters and/or written briefs shall not be utilized by either party. The arbitrator shall make a final and binding ruling immediately following the hearing without explanation or the setting of precedent. The initial steps of the grievance procedure shall apply to the expedited arbitration process. C. Discipline that is more severe than a three-day suspension shall be appealed through the existing grievance and arbitration process outlined below. Section 5. GRIEVANCE AND APPEAL PROCEDURE STEPS: Step 1. Within five (5) days of the incident or the time which the employee should have had knowledge of the incident, the employee may initiate a written grievance with his/her immediate supervisor during normal work hours. Helshe may have the Union steward present the grievance to the supervisor if helshe desires. The discussion will include a description of the action requested and the basis for the request. Within five (5) days, the immediate supervisor shall respond to the employee with his/her decision in writing. The written grievance should state the following: A. A statement ofthe grievance and the facts upon which it is based B. The Articles and Sections of this Agreement alleged to have been violated. C. The action, remedy, or adjustment requested. D. The signature of the aggrieved employee or union representative, and date Failure to specifically state any of the four (4) above items allows the City to request the information prior to further processing. SleD]. If the complaint has not been resolved in Step 1, within five (5) days the employee may appeal to Step 2 to the Division Director. Within five (5) days of receipt of the grievance, the Division Director will contact the aggrieved employee and schedule a meeting at the Division Director's earliest convenience. The Division Director shall respond in writing within five (5) days of the meeting. Step 3. If the complaint is not resolved in Step 2, the employee may, within five (5) days of Step 2 decision, appeal to Step 3 to the Department Director. Within five (5) days of receipt of the grievance, the Department Director or hislher designee will contact the aggrieved employee and schedule a meeting at the Department Director's earliest convenience. The S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc Department Director or his/her designee shall respond in writing to the employee within five (5) days of the meeting. Steo 4. In the event the employee is not satisfied with the disposition of the grievance by the Department Director, the employee shall have to the right to appeal the decision to the City Manager within seven (7) days of the date of issuance of the Department Director's decision. The City Manager or his/her designee may schedule a meeting to discuss the grievance. The City Manager or his/her designee shall render a decision in writing within ten (10) days of the appeal or the meeting. Steo 5. If the employee is not satisfied with the disposition ofthe grievance by the City Manager, and within ten (10) days of such decision, the dispute may be referred by either party to an impartial arbitrator to be appointed by mutual agreement of the parties. In case the City and the Union are unable to agree upon an impartial arbitrator within fifteen (15) days after the conclusion of Step 4, then on application of either party a petition may be made to the Federal Mediation and Conciliation Service in Washington, DC to supply the parties with a panel of arbitrators. The parties will select an arbitrator from a panel by alternatively striking names from the panel. The remaining arbitrator shall be designated, to whom the grievance shall be submitted. Section 5. The arbitrator shall have jurisdiction and the authority to apply and interpret the provisions of this Agreement. Helshe shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine his or her 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 employees covered by the Agreement unless the award is contrary to existing law or public policy is clearly erroneous as determined by a reviewing Court. Section 6. apply. The hearing shall be informal and the strict rules .of evidence shall not Section 7. The arbitrator's fee and expenses shall be divided equally by the parties. Section 8. Either party to this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts. Section 9. Witnesses and grievants who appear for either side shall suffer no loss in payor benefits for the time spent testifying as a witness. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 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. Different departments may have different workweeks when the City Manger determines it is in the best interest of the City. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. Changes in the workweek shall be announced in writing thirty (30) days prior to implementation. The City shall engage in impact bargaining over changes to the workweek when the Union makes demand in accordance with law. Impact bargaining shall not delay the City's implementation of the workweek change. Section 2. All authorized and approved work performed in excess of forty (40) hours of actual work in anyone work week shall be considered as overtime and shall be paid at the overtime rate of one and one-halftimes the employee's straight time rate. Section 3. Employees shall not work overtime unless directed to do so by a supervisor. In the event any employee is required to work approved overtime, helshe shall not be requested to use annual leave in order to compensate or offset the overtime hours worked or to be worked. The City may place an employee in off duty status at the end of a work cycle to avoid overtime status. Section 4. In the event the department is a seven (7) day per week continuous operation, ernployees 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 City. A management decision to allow or deny a split days off schedule cannot be grieved. Section 5. When Supervisors know in advance that overtime is required, no less than two (2) hours advance notice to employees will be provided prior to the scheduled overtime. When overtime is required due to an unanticipated situation, no advance notice is required. Section 6. For purposes of overtime computation only hours actually worked shall be considered as time worked. Section 7. Overtime pay will be calculated in accordance with the provisions of the Fair Labor Standards Act. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE SHIFT BIDDING AND POSTING S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE STANDBY PAY Section 1. In order to provide coverage for services during off-duty hours, it may be necessary to assign and schedule certain employees to standby beeper duty. Only a department director or hislher designee may place an employee on standby duty status. An employee placed in standby status shall receive seventy-five ($75.00) dollars per week for each week that they are assigned beeper duty. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE CALL BACK PAY Section 1. 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 (I 1/2) times his/her basic hourly rate of pay when such callback is between the hours of 8:00 a.m. and 12:00 p.m. (midnight), and shall receive a minimum of three (3) hours at the rate of one and one-half (1-1/2) 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 straight time for any actual hours worked in excess ofthe two (2) and three (3) hour minimum. Section 2. Call back pay is premium pay and shall be credited against overtime pay in the same workweek. Section 3. An employee recalled from a lunch break or other break time IS not eligible for call back pay. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE WORK BREAKS Section 1. All bargaining unit members shall receive a one-hour unpaid lunch break, inclusive of travel time, if any. Section 2. All bargaining unit members shall have two fifteen (15) minute rest breaks; one during the first four (4) hours of work and one during the second four (4) hours period. The rest break may not be combined with the lunch break. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 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 helshe 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE WORKING OUT OF 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. ARTICLE AUTOMOBILE ALLOWANCE S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE PAY FOR TRAINING Section 1. Employees requested to train another employee(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. ARTICLE COMPENSATORY TIME Section I. 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 cannot be used in the workweek it is earned, but must be used within thirty (30) calendar days of the pay period in which it was earned or be paid or the time. Section 3. The City reserves the right to convert any accrued compensatory time hours to pay at its sole discretion. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE TRANSFERS 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. position. Employees transferred shall serve a six (6) month probation in the new S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 11 SICK LEAVE Section 1. An employee shall notify his/her immediate supervisor of his/her illness no less than one (1) hour before his/her 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 his/her 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 writing by a physician to be necessary and must be performed during working hours. C. Quarantine due to exposure to contagious disease. Section 3. No employee shall be entitled to sick leave in the excess of the amount of such leave accumulated to his/her credit. Employees may accumulate unlimited sick leave. Section 4. leave. An employee making a departmental transfer will retain any unused sick Section 5. For all employees employed as of September 30,1991, employees (or their beneficiaries in the case of death) that have attained non-probationary status and are regular ernployees will have payment made for unused sick leave at the rate of one half (1/2) of the total number of hours accumulated, not taken, upon termination in good standing, or retirement or death. Employees hired after October 1, 1991, that have attained permanent status and are regular employees will have payment made for unused sick leave at the rate specified in the table below, upon termination in good standing, retirement or death. Percent of Continuous Years of Service Accumulated Sick Leave S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc Less than 5 full years More than 5 full years, but less than 10 full years More than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon retirement from City Service 0% 10% 15% 20% 30% (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Unused sick leave may be accrued on an unlimited based on the currently scheduled work week offorty (40) hours. Section 6. Nothing herein shall be construed to limit family medical leave rights otherwise governed by the provisions of the Family Medical Leave Act. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE SICK LEAVE DONATIONS Section 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. Section 2. When there appears to be a need to share sick leave in accordance 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE RESTRICTED SICK LEAVE Section 1. A member may be placed on restricted sick leave following 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, however, the Department Director shall have the sole discretion to place the employee on restricted sick leave. 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. Section 2. Restricted sick leave shall be for the following periods of time: First occasion- three months Second occasion- six months Third occasion- twelve months S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE WORKERS COMPENSATION Section 1. Bargaining unit members who are injured on the job are eligible for workers compensation as provided by State law and the provisions set forth in the City's Personnel Policy Manual. Section 2. Fraudulent asserting or advancement of a worker's compensation claim shall result in termination of employment from the City. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE LIGHT DUTY Section 1. Employees who have been injured while on duty may return to work with a light duty certificate and/or letter from their physician and confirmation of restrictions by the human resource department, provided there is work available within the City that would comply with the doctor's requirements. Section 2. If there is no light duty work available the employee will remain on sick leave status until he/she has a full release to return to work from hislher doctor or until accumulated leave is exhausted. An employee who is unable to return to work after a six (6) months absence is subject to non-disciplinary separation from the City. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE FUNERAL LEAVE Section I. 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE MILIT ARY LEAVE 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE LEAVE OF ABSENCE Section 1. A regular employee may be granted leave of absence without pay for a period not to exceed one (I) 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 of their 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 ofthese rules. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE JURY DUTY 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. If an employee is called for jury duty he/she shall promptly notify hislher immediate supervisor within five (5) days of receipt of the summons. 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. The employee must provide the department director with proof of jury duty service, before compensation is approved. 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 helshe receives for jury duty or as a witness with the City Finance Department for those days that coincide with hislher work schedule. Employees can keep only travel expense money. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. S: \HR I WPICorrespondencelAR THUR INCF &0 White Collar City proposal 90903 & 100103 .doc ARTICLE MAINTENANCE OF BENEFITS There are no monetary benefits, including those established by past practice, except those expressly set forth or incorporated by reference in this Agreement. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 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 department employees who are in any equivalent or lower classification for which the bumping employee is eligible for or for which he qualifies. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc 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 one months' 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. Ir.- 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE VACANCIES The provisions for filing bargaining unit job vacancies is as set forth in the City's PPM. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE HOLIDAYS 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 Holidays are not cumulative or interchangeable. In all events, where the employee is scheduled off for the holiday, the employee shall be paid only holiday pay. In the event that an employee is scheduled on during a holiday, the employee shall be paid their regular rate of pay for all hours actually worked at a time and one half rate plus the holiday pay (8 or 10 hours as applicable). In order to receive pay for the holiday, hourly rate employees must work their regular workdays immediately before and after the holiday in or be in an ~uthorized with pay status immediately before and after the holiday. 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 falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE VACATION Sec. 1 employee: The following outlines the vacation leave policy for the forty (40) hour Plan A: The following language and schedule apply to all full time employees with an employment date prior to October 1, 1991. Each full time employee shall earn vacation leave at the rate of one working day per month during the first year of service. Each employee shall, at the end of each year thereafter, be credited with additional vacation days (accumulated in hours) for each full year of continuous service as outlined in the chart below. The number of days/hours credited per year will not increase after the 21st year of service unless the included chart is amended. Employees on initial one year probation are not eligible to take vacation for the first six months. Vacation may be accrued in accordance with the following schedule: PLAN A V ACA nON ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours I Years 2 Years 3 Years 4 Years 5 Years 6 Years 7 Years 8 Years 9 Years 10 Years 11 Years 12 Years 13 Years 14 Years 15 Years 16 Years 17 Years 12 15 15 16 17 18 19 20 21 22 22 22 22 22 22 24 24 96 120 120 128 136 144 152 160 168 176 176 176 176 176 176 192 192 S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc 18 Years 19 Years 20 Years 21 Years & After 24 24 24 25 192 192 192 200 Plan B:The following language and schedule apply to all full time employees with an employment date of October 1,1991 and thereafter. Each full time employee shall earn vacation leave at the rates shown in the schedule outlined in this Section B. Each employee shall at the end of each year be credited with additional vacation days (accumulated in hours) for each full year of continuous service as noted in the chart below. The number of dayslhours credited per year will not increase after the 20th year of service unless the schedule is amended. Employees on their initial one year probation are not eligible to take vacation for the first six months of employment. Vacation may be accrued in accordance with the following schedule: S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc PLAN B V ACA nON ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours 1 Year 2 Years but less than 5 5 Years but less than lO 10 Years but less than 20 20 Years and after 6 12 15 17 20 48 96 120 136 160 Sec. 2. 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 I - 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 eighty (80) hours of vacation for emergencies or extraordinary cases of hardship if the employee has the time accrued in his/her account provided, however, the combined cash out of sick and vacation in anyone contract year shall not exceed eighty (80) hours. The employee may take advantage of this right once during the term of this Agreement. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE WAGES PROPOSAL TO FOLLOW S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE RECLASSIFICATION WAGE ADJUSTMENT When an employee is advanced to a position in a higher classification level, the employee will be placed within the appropriate classification level which will provide a daily rate increase as follows: a. Promotion or regrade from non-exempt to exempt: (+10% of mid point of new grade or to minimum of new grade level whichever is greater) b. Promotion or regrade of one grade: (+ 5% of mid point of new grade or to minimum of new grade whichever is greater c. Promotion or regrade of two grades: (+ 7.5% of mid point of new grade or to minimum of new grade whichever is greater d. Promotion or regrade of three or more grades: (+10% of mid point of new grade or to minimum of new grade whichever is greater) An employee who returns, voluntarily or involuntarily, to hislher previous position shall have hislher salary readjusted to the pre-promotion level. 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 hislher employment with the City at no more than the mid-point above the entry level rate for hislher classification. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE CERTIFICATION PAY Employees may earn a lump sum payment of $325.00 per certification (limit of two) for obtaining certification of skills beyond those required in their job description when: 1. The certification is an identified career path objective, and 2. The employees department head has pre-approved the certification as being relevant to career path objective Department head approval or denial is not subject to the gnevance and arbitration process. Bargaining unit members who participate in departmental certification pay programs are not entitled to participate in the certification program set forth herein. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE SAFETY AND HEALTH S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE SAFETY SHOES During the term of this agreement, employees who are designated by the Safety Committee will receive $150.00 per year for safety shoes/boots. 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE POSTING OF AGREEMENT The City will maintain a copy of this Agreement for inspection in the Human Resource Department. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 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 of the 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE PERSONNEL FILES 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). A personnel file for all City employees is 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 him/her of such a request. Consistent with State law, the City agrees that upon request, a member shall have the right to inspect his/her own personnel records and shall have the right to make one duplicate copy of his /her records at no expense. Additional copies may be obtained at the employee's 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE TUITION REIMBURSEMENT The City will provide reimbursement for tuition and books for any full time permanent (completed their year's probation) employee who chooses to obtain a High School degree, G.E.D. or equivalent, or who chooses to attend an accredited college or university. Except for enrollment in a G.E.D. or High School Equivalency program, employees meeting this criteria will initially pay for tuition and books, and be reimbursed by the City upon presentation of documented completion of the course. The employee who attains a grade of "A" or better will receive 100% reimbursement; a grade of "B" or better, 75% reimbursement; or a grade of "C" or better, 50% reimbursement of the tuition and books for the course. In the event that the course is a mandatory pass/fail course, a grade of "passing" shall be treated the same as a "C". Employees will receive no compensation for a grade below "C". Employees who wish to enroll in a G.E.D. or High School Equivalency program may, upon the submission of appropriate registration materials, be advanced by the Finance Department, a check for the cost of registration and books. Courses must lead to a degree in the field of discipline that may, in the opinion and with the approval of committee, enhance the member's performance in their department. The committee to review the validity of the course and degree program for which the reimbursement is applied will be made up of the employee's Department Head, and the Human Resources and Finance Directors or their designees. Approval for participation in the reimbursernent program must be made prior to enrolling in the course. The committee will forward the recommendation to the City Manager who will have the final approval for payment. Employees are eligible for the maximum amount per fiscal year as stipulated in the City's Administrative Policy Manual 04.01.03; Tuition Assistance Program. This will be on a first come first served basis, but in no case will reimbursement funds be approved that exceed the budgeted allowance. This benefit will not be retroactive and will only cover classes taken in the fiscal year applied for. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE SAVINGS CLAUSE 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE DUES DEDUCTION Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying LOCAL 1227 dues. Employees shall receive copies of the form from either the City Finance Department or their Union office. The Union will initially notify the City as to the amount of dues. 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 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, 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. Dues 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 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. For the purpose of putting this article into effect, the Union will furnish forms for such individual authorization reading as follows: S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc NOTICE TO CITY AND UNION AUTHORIZATION FOR DEDUCTIONIDISCONTl},'UATION 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 understand that this authorization is voluntary and I may revoke it at any time by giving my City and the Union thirty (30) days advance notice in writing. Date Signature Job Title Name Printed Social Security No. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE PENSION 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE UNIFORMS S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 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. The City's Drug Free Workplace Policy applies to all members of this bargaining unit. Drug testing procedures and positive test levels shall be as set forth in Florida Statute 112.0445, Florida's Drug Free Workplace Act, and FAC 4L-9.015. Positive test levels for employees who are engaged in operation of vehicles or equipment and covered by other state or federal regulations shall be as established by those regulations. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 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 will 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 when there is reasonable grounds for such action. G. To determine the organization of City govemment. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc H. To determine the purpose and extent of each of its constituents, departments and positions therein. 1. 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. P. To order employees to submit to physical and psychological testing to determine fitness for duty. 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 fails to object to that decision within six (6) months, it shall be considered finally imposed. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE PROBATIONARY PERIOD Section I. All newly hired or rehired employees shall be subject to a probationary period of-one (1) year. Probationary employees may be terminated with or without cause. Probationary employees may not grieve, appeal, or otherwise challenge discipline or termination. Section 2. All promoted employees shall be subject to a probationary period of six (6) months. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE BONUS DAY Section I. 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. Section 4. A bonus day under this article IS eight (8) hours, regardless of the employee's work schedule. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE 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 (10th) 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. 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc ARTICLE DURATION Section 1. 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, 2006. Wage and benefit levels existing on September 30, 2006 shall constitute the status quo during any period of negotiations for a successor agreement. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc COLLATERAL DOCUMENTS Section 1. 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) 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc UNAUTHORIZED ABSENCE FROM WORK 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. S:\HRIWPICorrespondenceIARTHURINCF&O White Collar City proposal 90903 & 100103.doc