White Collar 10-04 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, 2004 - September 30, 2006
T ABLE OF CONTENTS
Article Page
1 Preamble 5
2 Recognition 6
3 Rights of Employees 7
4 Management Rights 8
5 Strikes 10
6 N on- Discrimination II
7 Representation of the City 12
8 Union Representation 13
9 Collective Bargaining 15
10 Union Time Pool 16
11 Bulletin Boards 17
12 Progressive Discipline 18
13 Grievance Procedure 28
14 Basic Work Week and Overtime. 31
15 Compensatory Time 33
16 Wages 34
17 Promotions, Reclassifications, Transfers & Demotions 35
18 Stand By and Call Back Pay 38
19 Emergency Pay 39
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City Of Boynton Beach
20 Certification Pay 43
21 Pay for Training 44
22 Working in a Higher Class 45
23 Sick Leave 46
24 Workers Compensation 48
25 Light Duty 49
26 Vacation 50
27 Bonus Days 52
28 Holidays 53
29 Compassionate Leave 54
30 Military Leave 55
31 Leave of Absence 56
32 Unauthorized Absence 57
33 Jury Duty 58
34 Seniority, Layoff, Recall 59
35 Recruitment and Selection 61
36 Safety and Health 65
37 Insurance 66
38 Personnel Files 67
39 Tuition Reimbursement 68
40 General Provisions 75
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41 Dues Deduction 76
42 Pension 78
43 Substance Abuse 79
44 Probationary Period 80
45 Longevity 81
46 Bonus Increase 82
47 Labor Management 83
48 Savings Clause 84
49 Maintenance of Conditions 85
50 Posting of Agreement 86
51 Collateral Documents 87
52 Duration 88
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City Of Boynton Beach 1/ N F&O/SEIU otal1227
White Collar Bargaining Unit
ARTICLE 1
1.0 PREAMBLE
1.1 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 ofthe City of Boynton Beach in its capacity as an employer, the employees,
and the citizens of Boynton Beach.
1.2 The parties agree that nothing in this agreement shall prohibit the parties fÌom
meeting and discussing any items of mutual interest in accordance with the law.
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City Of Boynton Beach CF&O/SEIU oéal1227
White Collar Bargaining Unit
ARTICLE 2
2.0 RECOGNITION
2.1 The City of Boynton Beach hereby recognizes the National Conference of Firemen
and Oilers, SEIU LOCAL 1227 as exclusive representatives for the bargainin8-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
2.2 The bargaining unit is comprised of those positions certified for inclusion by the
Public Employees Relations Commission.
2.3 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
ARTICLE 3
3.0 RIGHTS OF EMPLOYEES
3.1 The employees in the bargaining unit shall have the right to join or assist the Union
or to refÌain fÌom any such activity.
3.2 All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
3.3 Employees may request a Union representative to be present when they believe a
meeting with a supervisor may lead to discussions which could form the basis of
disciplinary action.
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City Of Boynton Beach CF&O/SEI Local1227
White Collar Bargaining Unit
ARTICLE 4
4.0 MANAGEMENT RIGHTS
4.1 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:
4.1.1 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.
4.1.2 To maintain economic stability.
4.1.3 To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement techno 10 gical changes or
improvements including, but not limited to, vehicles, and all other materials
or supplies.
4.1.4 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.
4.1.5 To select, hire, test, classifY, promote, train, assign, retain, evaluate, lay-
off, schedule, and determine the qualifications of all employees.
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City Of Boynton Beach I I NCF&O/SEiu Local 1227
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4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary action
against employees for just cause.
4.1.7 To determine the organization of City government.
4.1.8 To determine the purpose and extent of each of its constituents,
departments and positions therein.
4.1.9 To set standards for service to be offered to the public, and standards for
the performance of duties of job assignments.
4.1.10 To manage and direct the work of the employees of the City, including the
right to assign work and overtime.
4.1.11 To establish, determine, implement and maintain effective internal security
practices.
4.1.12 To determine the number, type and grades of positions or employees
assigned to an organizational unit, department or project.
4.1.13 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.
4.1.14 To adopt or enforce cost or general improvement programs.
4.1.15 In a civil emergency, to use personnel in any lawful manner.
4.2 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.
4.3 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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City Of Boynton Beach N &O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 5
5.0 STRIKES
5.1 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.
5.2 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 ofthis Article.
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City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 6
6.0 NON-DISCRIMINATION
6.1 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.
6.2 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.
6.3 The parties agree that this Article is not subject to grievance or arbitration.
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White Collar Bargaining Unit
ARTICLE 7
7.0 REPRESENTATION OF THE CITY
7.1 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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ARTICLE 8
8.0 UNION REPRESENTATION
8.1 The City agrees to recognize the Union's officers and four (4) 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 fÌom among the four (4) City employee stewards. The authority of a
Union steward to act on behalf of and bind the Union is implied fÌom their
designation as Steward.
8.2 Non-employee officials of the Union shall, with prior written notification to the
City Manager 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. Access shall not be
unreasonably withheld.
8.3 Union stewards will be granted paid leave to engage in collective bargaining with the
representatives of the City and consultation with management, including Labor/Management
meetings, subject to section 9.2.
8.4 Union stewards granted leave may utilize "union time pool" time to engage in the
following representative activities:
1. When an employee who is required to appear at a hearing related to a
grievance and or arbitration.
2. When an employee who is or responding to a disciplinary action or
investigation.
3. When an employee is attending a pre-determination hearing.
8.5 No employee shall engage in Union business while on duty except as referenced in
Section 8.3.
8.6 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.
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City Of Boynton Beach CF&O/S U Local 1227
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8.7 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 Union time
pool. The form for this purpose shall be attached hereto as Appendix "A" to this
agreement.
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White Collar Bargaining Unit
ARTICLE 9
9.0 COLLECTIVE BARGAINING
9.1 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.
9.2 No more than two (2) stewards or bargaining unit members may participate in
collective bargaining while on duty, without loss of pay. Additional bargaining unit
members may attend while off duty or when on approved leave.
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City Of Boynton Beach
ARTICLE 10
10.0 UNION TIME POOL
10.1 Members of the bargaining unit may each donate a share of their accrued vacation
and/or compensatory time bank of hours to fund the Union time pool. The
employee's designated donation shall be deducted each October 1st during the term
of this agreement.
10.2 Union time pool time may be transferred fÌom steward to steward. If the total
hours used exceeds the total amount of hours in the time pool, stewards may be
released without payor they may use accrued vacation time, but in either event,
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.
10.3 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.
10.4 Donations to the union time pool shall be solicited by the union during ratification
ofthe agreement or any other non-work time. Donations shall be transferred fÌom
the employees appropriate leave bank within thirty (30) days of the time of
donation, and each year ofthe agreement during the month of October.
10.5 The City shall match the number of union time pool hours each year, at 50% of the
number of hours accumulated by the union.
10.6 Time pool hours shall roll over fÌom one year to the next.
10.7 Union representation shall utilize the designated union time-out slip when using
time pool hours.
10.8 Union time pool hours shall only be used for a steward's leave fÌom assigned
regular duties.
10.9 Union time pool hours shall be classified as paid leave fÌom work.
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ARTICLE 11
11.0 BULLETIN BOARDS
11.1 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)
11.2 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.
11.3 The Union shall not post endorsements for candidates who are running for office.
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ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.1 PURPOSE
12.1.1 The City is committed to recruit, train, and retain qualified employees who
will contribute to the City's mission.
12.1.2 The success of the City government 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.
12.1.3 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.
12.1.4 No employee shall be disciplined or discharged without just cause.
12.2 POLICY
12.2.1 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 ofthe incident.
12.2.2 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.
12.2.3 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.
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NCF&O/SEIU Loca11227
White Collar Bargaining Unit
12.2.4 Certain misconduct is so contrary to the public interest that dismissal shall
be the only appropriate measure.
12.2.5 The level of misconduct may differ in individual cases fÌom apparently
similar incidents. The City retains the right to treat each occurrence on an
individual basis without creating a precedent for situations that 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.
12.2.6 Disciplinary actions for misconduct or serious misconduct older than a two
(2) year period shall not be referred to or considered in any current
disciplinary action.
12.2.7 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 infÌactions, 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 that violate permissible behaviors or are
specifically prohibited by law. The following are examples of violations that shall result in
discipline and the progressive discipline actions that may accompany the violations.
MISCONDUCT
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
means: Employee behavior or actions on the part of the 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
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White Collar Bargaining Unit
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 oflunch period or break period
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 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Misconduct Counseling Written Reprimand Suspension Without
Payor 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 ofthe employee in their City job
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White Collar Bargaining Unit
4. Inefficiency or Incompetence
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 1 ST OCCURRENCE 2ND OCCURRENCE 3RD OCCURRENCE
Serious Misconduct Written Reprimand or Suspension Without Dismissal
Suspension Without Pay Payor Dismissal
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:
a. Possession of a firearm or concealed weapon on City property or while
performing official duties without written permission fÌom 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.
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City Of Boynton Beach N F&O/SEIU oéal1227
White Collar Bargaining Unit
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
1. 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 I ST OCCURRENCE 2ND OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
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 fÌee to independently determine the appropriate level of
discipline if the employee is found to have committed the offense.
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City Of Boynton Beach I NCF O/SEIU Local 1227
White Collar Bargaining Unit
12.4 PROCEDURE FOR DISCIPLINARY ACTION
12.4.1 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.
12.4.2 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.
12.4.3 Criminal Investigations - Investigations conducted when criminal violations
are reportedly committed by an employee of the City. These investigations
shall be conducted by the Police Department, in collaboration with the
Department Director ofthe involved employee.
12.4.3.1 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.
12.4.3.2 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.
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City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
12.4.3.3 A recommendation for disciplinary action may result ftom 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.
12.5 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 ftame 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 ftame 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 employee's performance appraisal along
with any noted improvements.
24
JlA 7 It ~ I 0';
City Of Boynton Beach
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited
fÌom returning to work until the specified period of suspension has passed or the
forfeiture ofvacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed fÌom the job
due to extreme misconduct or unlawful behavior, or when instances of progressive
discipline 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 fÌom 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 fÌom Human Resources, review by the City
Attorney's Office and authorization fÌom the City Manager prior to being effected.
25
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City Of Boynton Beach CF&O/SE Local 1227
White Collar Bargaining Unit
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 ofthe demotion. Written notifications shall also include
that future violations will result in further disciplinary actions up to and including
termination if the demotion was a result of misconduct!..
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 dismissal with their chain of command and
Human Resources. Upon receiving a written recommendation fÌom 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 his /her 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
26
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City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
employee and his/her 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.
12.6 RIGHT TO PRE-DETERMINATION HEARING
Prior to the effective date of any suspension without pay ofthree (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.
12.7 EMPLOYEE APPEALS - GRIEV ANCES
12.7.1 Probationary employees shall not have the right to appeal or grieve any type of
disciplinary action.
12.7.2 Regular employees shall have just cause appeal and grievance rights as outlined in
Article 12 0 fthis Agreement.
12.8 PERFORMANCE IMPROVEMENT PLAN
Employees who receive a Written Reprimand with a Suspension shall be placed on a
Performance Improvement Plan. The purpose of Performance Improvement Plan is
to monitor employee performance, with an evaluation of performance being made
every 30 days. The employee must demonstrate immediate and sustained
improvement in their performance throughout the 90-day evaluation period or face
dismissal.
27
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City Of Boynton Beach
ARTICLE 13
13.0 GRIEVANCE PROCEDURES
13.1 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.
13.2 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 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.
13.3 All grievances shall be in writing on a form prepared by the City and the Union.
All responses to a grievance must be in writing and dated by the responding party.
Grievances not appealed to the next higher step within the prescribed time limits
will be considered withdrawn and need not be further processed by the City.
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 only by mutual written agreement of the
Union and the City.
13.4 GRIEV ANCE PROCEDURE STEPS
13.4.1 Within ten (10) business days ofthe incident or the time which the
employee had knowledge ofthe incident, the employee or Union may
initiate a written grievance with the employee's Department Director. The
grievance may be hand delivered or sent by facsimile. Within five (5) days
of receiving the grievance, the Department Director will contact the
aggrieved employee and/or union representative and schedule a meeting
within five (5) days of contacting the aggrieved employee and/or union
representative to discuss the matter. The Department Director shall
28
-VD 7f(.slo' ~ $A-A 1 ét ~s'
City Of Boynton Beach ÑCF&O/SEIU ocal1227
White Collar Bargaining Unit
respond to the grievance on or before 5:00 PM on the eleventh (11 th)
business day following the date of receipt of the grievance.
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 at least one aggrieved employee and/or a union
representative and the date filed.
e. A statement indicating the grievance is a class action grievance, when
appropriate.
£ A statement identifYing the positions of the class of workers affected,
when brought as a class action grievance.
13.4.2 In the event the employee is not satisfied with the disposition of the
grievance by the Department Director, the employee, or union
representative if applicable, shall have the right to file a written appeal of
the decision, stating the basis for the appeal, to the Human Resources
Director within five (5) business days of the date of receipt of the
Department Director's decision. Failure to fully state all basis for the
appeal shall not preclude the employee or union representative such basis
for appeal at a later time in the grievance process.
Within five (5) business days of receipt of the grievance, the Human
Resources Director will contact the aggrieved employee, and union
representative if applicable, and schedule a meeting within five (5) business
days to discuss the matter. The Human Resources Director or designee
shall respond in writing to the employee within five (5) business days of the
meeting.
13.4.3 When a grievance/disciplinary appeal ifnot settled under the forgoing steps
of the grievance procedure, the employee or, if applicable, the Union,
within twenty (20) days of such decision or termination, may refer the
dispute to an impartial arbitrator fÌom the pre-selected panel of arbitrators
appointed by mutual agreement ofthe parties.
The arbitrators shall be appointed with the understanding that the hearing
on the matter appealed will be heard within ninety (90) calendar days
following appointment. If the arbitrator is not available within a 120 day
period, the next arbitrator on the list shall be used. Neither party shall
29
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City Of Boynton Beach NCF&O/SEIULocaI1227
White Collar Bargaining Unit
utilize court reporters and/or written briefs. The arbitrator shall make a
final and binding ruling within 14 days of the hearing.
The City and the Union have selected a panel of six (6) arbitrators fÌom the
Federal Mediation and Conciliation Service (FMCS). The City selected
three (3) arbitrators and the Union ed select three (3) arbitrators. These
arbitrators shall hear grievances on a rotating basis, beginning in
alphabetical order of the arbitrator's sir name, as follows:
1. Rodney Dennis 4. Mark Grossman
2. Ben Falcigno 5. Robert Hoffinan
3. Ramon Fernandez 6. Tom Humphries
13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret
the provisions oftms Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision
so lely to the issue 0 f interpretation or application 0 f the Agreement presented. The
decision of the arbitrator on any matter within hislher jurisdiction shall be final and
binding on the Union, the City and the employee covered by the Agreement.
When an arbitrator has been selected by the parties, the City shall have ten (10)
days fÌom receipt of notice of appointment to raise arbitrability as a defense. If
arbitrability is raised by the City, the issue of arbitrability shall be determined by
the arbitrator no less than thirty (30) days prior to the commencement of an
arbitration hearing on the grievance itself If the City raises the question of
arbitrability and loses that determination, the City shall pay the cost of the
arbitrator. If the City raises the question of arbitrability and the arbitrator
determines that the matter is not arbitrable, the Union shall pay for the arbitrator.
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 ofthe arbitration, even if
such information was accumulated after the final grievance step or after the
terminated employees' pre-determination hearing.
13.6 The hearing shall not be formal and the strict rules of evidence shall not apply.
13.7 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.
13.8 The term "day" shall mean, calendar day, Monday through Friday, exclusive of
ho lidays recognized by this Agreement.
J/ß 30
7/(~'(j\- fA Ir Jl/A 7!Ít!4>
City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 14
14.0 BASIC WORK WEEK AND OVERTIME
14.1 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 ofthe number ofhours worked per week.
14.2 All authorized and approved work performed in excess of forty (40) hours in any
one 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.
14.3 For purposes of overtime computation only vacation leave, holiday leave, personal
leave_days, the employee's use of sick leave as documented by a physician's
statement provided prior to the end of the pay period, and comp time shall be
considered as time worked. Funeral leave, jury duty, annual military leave, and any
other leave or absences fÌom duty on active pay status shall not be considered as
time worked for purposes of overtime computation.
14.4 Overtime shall first be offered on a rotating basis in order of seniority within each
classification. The parties agree that when employees are asked to work overtime
and management contacts the appropriate employees fÌom the seniority list, the
second employee contacted must accept the overtime assignment unless the
employee has a hardship or the employee and supervisor mutually agree to
continue down the seniority list of employees.
14.4.1 In the event an employee is required to work overtime, he/she shall not
have his regular shift hours changed nor shall he/she be placed in a non-
paid status in order to preclude the payment of overtime.
14.4.2 Supervisors shall provide no less than two (2) hours advance notice to
employees prior to the assignment of unscheduled, mandatory overtime
unless circumstances prohibit such advance notice, in which case, the
employer shall give as much notice as is reasonably possible.
14.5 Shift Bidding and Posting. Employees who work in departments within the City in
classifications that are covered by more than one shift shall be allowed to bid shifts,
which shall be granted by seniority once each year to be completed by January 31 st.
Should management have a compelling operational need, they may designate the
number of A-Class workers (those with five or more years of experience) and the
number ofB-Class workers (those with less than five years of experience) required
to work on each shift so that a balance of experience may be achieved for each
shift. Employees shall have an opportunity to give input on the development of
their shifts.
31
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City Of Boynton Beach ÑCF&O/SEIU Local 1227
White Collar Bargaining Unit
14.6 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 ofthe
8th minute they would 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 any
time after the designated starting time. Any employee that is tardy is subject to
appropriate discipline.
14.7 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 deemd inoperative, the immediate
supervisor will advise employees of the clock which will be utilized in lieu of it.
32
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City Of Boynton Beach NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 15
15.0 COMPENSATORY TIME
15.1 Employees may accrue and use compensatory time in lieu of overtime pay when
the employee works in excess of forty hours in a workweek.
15.2 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.
15.3 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.
15.4 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.
33
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City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 16
16.0 WAGES
16.1 Effective October 1, 2004 , bargaining unit employees shall receive a 2% market
adjustment added to base wage.
16.2 Effective April 1 , 2005 bargaining unit employees shall receive the following
Performance Evaluation wage increases added to base wage:
a. Performance evaluation score shall generate a merit increase as outlined in the
schedule outlined in Appendix B ofthis agreement.
b. Performance evaluation score is below 2.0 No wage increase will be applied.
16.3 No employee will receive a base wage increase to a rate higher than the maximum
salary for the position. An employee that is at the maximum salary range shall
receive the market adjustment increase and the Performance Evaluation wage
increase, if applicable, as a lump-sum payment.
16.4 The April 1 Performance Evaluations and re-evaluations at each thirty (30) 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. Through Labor/Management meetings, the Union and City shall
continue to work on the evaluation process in order to ensure pay equity for
employees.
16.5 Employees who receive a performance evaluation rating that falls below a "Meets
Expectations" (rating ofless than 2) shall be placed on a Performance Improvement
Plan. It is the responsibility of each employee to perform at a minimum level of "Meets
Standards".
34
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City Of Boynton Beach NCF&O/SE U Local 1227
White Collar Bargaining Unit
ARTICLE 17
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
17.1 PROMOTIONS
17.1.1 Employees interested in applying for a promotional opportunity must have
been in their current position for a minimum of six months and have at least
a meets standards performance level. Each promoted employee must
successfully complete a six month probationary period in the new position.
Employees are eligible for the following increases in pay upon promotion:
Promotion fÌom non-exempt to exempt position:
+ 10% of mid-point of new grade or to minimum of new grade
whichever is higher
Promotion of one grade (exempt to exempt or non-exempt to non-
exempt) :
+5% of mid-point of new grade or to minimum of new grade,
whichever is higher
Promotion oftwo grades (exempt to exempt or non-exempt to non-
exempt) :
+7.5% of mid-point of new grade or to minimum of new grade,
whichever is higher
Promotion of three or more grades (exempt to exempt or non-exempt
to non-exempt):
+ 10% of mid-point of new grade or to minimum of new grade,
whichever is higher
17.1.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the promotion is made.
17.1.3 Each promoted employee must successfully complete a probationary period
of six months fÌom the date of promotion. Note: Applicants for promotion
must have been in their current position for a minimum of six months and
have a Meets Standards or higher performance rating.
17.2 DEMOTION
17.2.1 Upon demotion, an employee's rate of pay will be adjusted as follows:
Decrease of one grade:
-5% of mid-point of current grade (position leaving)
Decrease of two grades:
-7.5% of mid-point of current grade (position leaving)
Decrease ofthree or more grades:
-10% of mid-point of current grade (position leaving)
35
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City Of Boynton Beach NCF&O/SEIÚ Local 1227
White Collar Bargaining Unit
17.2.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the demotion is made.
17.2.3 The pay of a promoted employee who is demoted prior to completion of a
probationary period, will be reduced by the same amount as the
promotional increase.
17.2.4 Exceptions to this policy may occur if there is a department restructuring
that results in an involuntary demotion for one or more employees. The
City Manager must approve any restructuring and resulting demotions.
This shall not be construed to reduce an employee's rate of pay beyond the
percentages set forth in section 17.2.1.
17.3 LATERAL TRANSFER
17.3.1 Employees transferring fÌom one position to another in the same pay grade,
whether in the same or in a different department, will maintain the same
pay rate.
17.3.2 Each transferred employee, whether in the same or a lower grade, must
successfully complete a probationary period of six months fÌom the date of
transfer. Probationary employees, whether in their first year as an employee
or in their six-month promotional probationary period have no property
entitlement to their position.
17.4 RECLASSIFICATION
17.4.1 Positions may be considered for reclassification only upon written request
ofthe Department Head, including detailed justification. If the
reclassification is for a change to an existing position classification (e.g.
Grade 13 to Grade 14), the incumbent must complete a position
questionnaire, which will then be evaluated by the Human Resources
Department. If the request is to change fÌom one current position
classification to another (e.g. Office Assistant to Office Assistant, Sr.), that
justification must be included in the Department Head's request.
17.4.2 Reclassification requests will be considered each year during the budget
process. Reclassifications requested during the fiscal year will be
considered only if the department is restructuring or realigning major
responsibilities. Mid-year reclassifications must have the approval of the
HR Director, Finance Director and City Manager.
17.4.3 Implementation of any reclassification, whenever approved, will not
become effective until the necessary funds are available in the department
budget. Any salary change required by a reclassification will become
effective as of the date the reclassification is approved.
36
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City Of Boynton Beach CF&O/S I Local1227
White Collar Bargaining Unit
17.4.4 Human Resources will provide a copy of the department head's request for
reclassification upon the approval of the reclass.
17.5 PROMOTION FROM PART-TIME TO FULL-TIME
17.5.1 Each promoted employee must successfully complete a probationary period
of twelve months fÌom the date of promotion.
17.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
37
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City Of Boynton Beach NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 18
18.0 STANDBY AND CALL BACK PAY
18.1 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 who are assigned a take home vehicle according to
the department's rotation list shall be assigned a take-home vehicle 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.
18.2 No employee may be assigned to or paid for STANDBY on any day when the
employee is in or scheduled to be in any leave status for that entire shift.
18.3 No more than 14 days of STANDBY can be paid in any pay period.
18.4 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 Y2) times his/her basic hourly rate of pay when such callback is
between the hours of 800 a.m. and 12:00 a.m. (midnight), and shall receive a
minimum of three hours at the rate of one and one-half (1 Y2) 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 appropriate callback minimum. No concurrent payment of call-back and
regular pay is permitted.
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City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 19
19.0 EMERGENCY PAY POLICY
19.1 Purpose.
To establish levels of compensation for regular, part-time and seasonal employees
who are released fÌom work or who are retained at work or called back to work
to perform City work during the threat or occurrence of a hurricane, severe
storm, civil disaster, or other emergency conditions affecting the City Of Boynton
Beach.
19.2 Local State of Emergency.
A local civil emergency shall be deemed to have commenced when the City
Manager (or an acting City Manager when the City Manager is not available to
act) files with the City Clerk a declaration that the City is in a state oflocal civil
emergency. Immediately following such declaration, the City Manager (or Acting
City Manager) will inform each City department and office in as timely a manner
as possible by written or electronic communication that a state of civil emergency
is in effect. The state of local civil emergency shall continue in effect until
rescinded in writing by the City Manager (or Acting City Manager), filed with the
City Clerk.
19.3 Authority and duration of Emergency Pay Policy coverage.
The provisions of this Emergency Pay Policy shall become effective immediately
following the declaration of a state oflocal civil emergency by the City Manager,
and are considered fÌom that point to take precedence over all other Personnel
Rules and Regulations, policies, ordinances and collective bargaining agreements
of the City of Boynton Beach in the matters of pay, compensation and leave
discussed herein. The provisions of this Emergency Pay Policy shall apply for the
entire time period during which the declared state oflocal civil emergency exists.
19.4 Designation of employees for purposes of establishing pay and compensation. In
a manner to be determined by the City Manager or his/her acting designee, all
City employees (regardless of full-time, part-time, seasonal, exempt or non-
exempt status) will be classified into one of the following three categories:
The assistance of these employees IS
A = EssentiaVMandatory Personnel considered essential to the City's ability to
function and provide public services in the
event of a civil emergency.
Depending on circumstances and needs,
B = Essential Personnel the assistance of these employees may be
required in the event of a civil emergency.
-V6 39
7 \ l ~ ( 0' 4
City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
The assistance of these employees IS
C = Non-Essential Personnel normally not required during a civil
emergency event.
Employees who are classified as category "A" (Essential/Mandatory Personnel) are
expected to report for work at the beginning of their assigned shift, work their
entire shift, and be prepared to work any overtime hours as may be required under
emergency conditions.
Category "A" employees may also be required to report for work on unscheduled
days or hours, and should be prepared to perform tasks outside their normal scope
of duties. Category "A" employees may be required to remain at a designated
facility during some portion of the emergency event.
Employees who are classified as category "B" (Essential Personnel) should be
prepared to report for work, and should be prepared to work any overtime hours if
required to do so.
Category "B" employees may also be required to report for work on unscheduled
days or hours, and should be prepared to perform tasks outside their normal scope
of duties. Category "B" employees may be required to remain at a designated
facility during some portion of the emergency event.
Employees who are classified as category "C" (Non-Essential Personnel) may be
released fÌom their normal work duties and schedules as circumstances dictate,
subject to the following conditions:
(a) the employee is to remain in periodic contact with their supervisor or
other designated representatives ill accordance with departmental
procedures;
(b) be available to respond to call back assignments as directed; and
(c) be prepared to work any overtime hours that may be required in
advance of or following an emergency event.
The City of Boynton Beach retains the right to change at any time an employee's
designation (as either "A", "B" or "C"), based upon the type of civil emergency
that exists, and upon the level or stage of response that is deemed appropriate by
City management to address the civil emergency.
19.5 Duty to Work
An employee who is directed to report for work during a declared civil emergency,
and fails to do so, is subject to being disciplined, up to and including termination.
In addition to any disciplinary action, the employee shall forfeit any compensation
payable under these policies, except compensation for hours actually worked.
~ J trEJQ' 40
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City Of Boynton Beach NtF&O/ EIU Local 1227
White Collar Bargaining Unit
19.6 Employee compensation.
Any employee classified as either "A" (Essential/Mandatory) or "B" (Essential),
who is not exempt fÌom the overtime provisions of the Fair Labor Standards Act,
will be compensated as follows during a period oflocal emergency:
(a) The employee will be paid their regular compensation of all hours they
are scheduled for work, but released fÌom work.
Example: If an employee's is scheduled to work fÌom 8:00 AM.
to 5:00 P.M., but is released fÌom work at 3:00 P.M., the
employee will be paid as though the employee worked until 5:00
P.M., however, only those hours actually worked will be counted
for overtime purposes.
(b) The employee will be compensated at a premium rate of double their
regular base rate of pay for all hours actually worked, including hours
which would otherwise qualifY for overtime pay (time and one-half).
Example: Ifan employee who earns $10.00 an hour is scheduled
and required to work at 8:00 A.M. but a local emergency was
declared at 7:00 A.M., the employee shall be paid $20.00 an hour
for all hours actually worked until the local emergency ends.
19.7 Standby and Call back pay
No employee in entitled to nor shall receive standby payor call back pay during a
period oflocal emergency.
19.8 Record Keeping.
All employees are responsible for keeping accurate time logs/records for
hours worked during a declared state of emergency. The submission of a
request for compensation for time worked when the employee did not
actually work during a period of local emergency is grounds for
termination of employment.
19.9 Handling ofleave requests during a declared emergency.
Leave requests approved prior to a declared local civil emergency will be
honored if, in the opinion of the employee's department director, the
employee's absence will not adversely affect the City's ability to effectively
respond to the emergency. However, all employees are subject to having
previously approved leave cancelled, and new requests for leave denied,
based upon an overriding organizational need to have the employee report
for duty to fulfill their job assignments during an emergency. Any off-duty
employee who anticipates being unavailable to respond to a call back
assignment associated with an emergency has a responsibility to discuss
their plans with their department director and request to be relieved fÌom
call back responsibilities for the anticipated duration of the emergency.
41
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City Of Boynton Beach
The department director will evaluate the employee's reasons for the
request to be relieved of possible call back responsibilities and notifY the
employee of hislher decision as soon as possible. All employees who
request sick leave immediately prior to, during, or in recovery fÌom a
declared emergency may be required by the department director to submit
appropriate medical documentation to verifY their sick leave request.
Special Note: An employee who is on a previously approved leave
that was not revoked prior to the specified local civil emergency time
period is not eligible for administrative leave with payor any other form of
special compensation that may be made available under the provisions of
this policy.
19.10 Holiday Pay.
If the declared emergency time period should encompass a holiday, an
employee is eligible to receive any applicable holiday pay they are due in
addition to any special compensation that is to be paid to under the
conditions outlined in Section 5 above.
19.11 Suspension of other compensation rules
During periods of declared local emergencies, the provisions of this
ordinance supersede all other provisions for scheduling and compensation
set forth in any other local rule, regulation, ordinance or collective
bargaining agreement.
~ 7/(5rG\ 42
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City Of Boynton Beach F&O/SE U Local 1227
White Collar Bargaining Unit
ARTICLE 20
20.0 CERTIFICATION PAY
20.1 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.. 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.
20.2 A pre-determined list of job related certifications or licenses will be developed
through the labor/management committee and attached to this article as an exhibit
and shall be developed no later than sixty (60) days fÌom ratification of this
agreement.
43
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City Of Boynton Beach
ARTICLE 21
21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES
21.1 Employees who are assigned to train another employee who is new to a position,
shall be assigned in writing and shall receive a 5% increase in pay during the time
they are training another employee.
~~ 44
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City Of Boynton Beach ð F&O/S IUtocal1227
White Collar Bargaining Unit
ARTICLE 22
22.0 WORKING IN A HIGHER CLASS
22.1 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 shall receive a 5% increase in pay, or the minimum of the higher
classification, whichever is greater until returned to their regular classification.
22.2 Employees shall be required only upon written memo fÌom 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 payor the minimum of the
higher classification, whichever IS greater until returned to their regular
classification.
Yo 45
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City Of Boynton Beach
ARTICLE 23
23.0 SICK LEAVE
23.1 An employee shall notifY hislher immediate supervisor or the supervisor's designee
in a manner provided for by management of hislher illness no less than one-half
(1/2) hour before hislher normal workday begins. This 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 ofthe will be absent.
23.2 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.
d. In connection with Worker's Compensation.
23.3 Employees shall accrue sick leave at a rate of 96 hours per 12-month period or
eight (8) 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 City on a two (2) to one (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.
23.4 An employee making a departmental transfer will retain any unused sick leave.
23.5 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 of
50% of the total number of hours accumulated, but not taken, upon termination in
good standing, or retirement or death. (Retirement shall include normal
retirement, disability retirement, or early retirement as defined in the appropriate
Pension Plan).
23.6 Employees may request, and be covered by the provisions of the Family Medical
Leave Act.
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City Of Boynton Beach
23.7 Sick leave exceeding 3 consecutive work days requires medical certification within
three (3) days of returning to work.
23.8 Sick Leave Donations
23.8.1 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 fÌom 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.
23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
23.8.3 When there appears to be a need to share sick leave, bargaining unit
members who are willing to contribute sick leave hours must submit an
Employee Activity Report to the Human Resources Department for proper
charge to their sick leave records.
23.9 Restricted Sick Leave
23.9.1 No member may be placed on restricted sick leave unless_a pattern of sick
leave abuse is present and the employee has had a counseling session with
hislher 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.
23.9.2 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 fÌom restricted sick leave status. If not re-evaluated
within five (5) business days after the three (3) month period, the employee
will be automatically removed fÌom restricted sick leave.
23.9.3 During the initial ninety (90) day restricted 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 restricted 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) day period and shall be
subject to further progressive discipline up to and including termination.
¥Þ 47
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City Of Boynton Beach CF&O/SE Lócal1227
White Collar Bargaining Unit
ARTICLE 24
24.0 WORKERS COMPENSATION
24.1 Whenever an employee is totally disabled fÌom 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.
24.2 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 hislher
worker's compensation check and hislher normal net pay up to three (3)months.
At the end of three (3) months, the Risk Manager will review the medical
certification fÌom the employee's authorized workers' compensation treating
physician for a determination of pay status. If the authorized medical certification
justifies temporary total disability, the salary supplement continuation will be
granted. Ifthe continuation of the salary supplement is granted, it shall continue at
the same rate as defined above for up to an additional three (3) months.
In no case will the salary supplement be extended beyond six (6) calendar months
fÌom the date on which the salary supplement began.
24.3 Once the salary supplement as identified in section 24.2 is exhausted, the injured
employee may elect to receive accrued sick leave, and after the sick leave is
exhausted, vacation leave, in accordance with hislher regular hourly wage to the
extent that hislher combined sick leave or vacation leave, and workers'
compensation benefits equal hislher regular weekly net take home salary. The
employee must contact the payroll clerk to qualifY for the combined check.
24.4 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.
24.5 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.
24.6 If an employee who is receiving Worker's Compensation payment along with City
supplement, sick or vacation leave, is found to be working or receiving
compensation for hislher 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.
48
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City Of Boynton Beach INéF&O/SEI Local1227
White Collar Bargaining Unit
ARTICLE 25
25.0 LIGHT DUTY
25.1 Employees who have injuries which prohibit them fÌom performing their regular
assignments may return to work and perform light duty when there is light duty
work available and the City has determined that the employee is able to perform
the work without risk of further injury. The City is under no obligation to create
light duty work. If there is no work available the employee will remain on sick
leave status until he/she has a full release to return to work fÌom hislher doctor.
m 49
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City Of Boynton Beach 14CF&O/SEI Local1227
White Collar Bargaining Unit
ARTICLE 26
26.0 V ACA TION
26.1 Each full time employee shall earn vacation leave as follows:
Years of Service Vacation Days Vacation Hours
1 Years 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 & After 25 200
26.2 Vacation leave may be taken as earned subject to the approval of the Department
Head who shall schedule vacations to meet the operating requirements of the
Department.
26.3 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.
26.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied within one (1) day of the work shift the day the request is made. Vacation
requests of four (4) shifts or more must be requested and approved or denied
within two (2) days of the day the request is made.
26.5 Emergency Cash-In of Vacation and/or Sick Leave Time
26.5.1 Employees faced with sudden extraordinary circumstances of hardship who
have in excess of 40 hours of accrued vacation are eligible to request
emergency cash in of vacation. If approved, an employee may convert up
to 90 hours to cash (less applicable taxes) provided they have 40 hours
remaining in their vacation accrual account after the cash-in. Conversions
must be done in increments of one work day.
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City Of Boynton Beach
26.5.2 Employees who do not have enough vacation time to use for the total
amount of emergency cash may consider including sick leave hours. Sick
leave hours cash-in will be calculated at 50% oftheßmployee's hourly rate.
The total of vacation and sick may not exceed 90 hours and vacation hours
must always be used before sick hours. Payment for sick leave hours may
only be granted if the employee has the amount of sick leave credited to
his/her sick leave account. The employee must retain a minimum of eighty
(80) sick hours on the books.
26.5.3 A request must be made in writing outlining the emergency and submitted
to the Human Resources Director on the appropriate form. A committee
comprised of the City Manager, Finance Director and Human Resources
Director will then review the request and approve the requested hours in
total or modified as they see fit. This benefit can be used only once each
year. At the discretion of the City Manager, the time limit rule may be
waived if there are exigent circumstances.
26.5.4 Denial of sick leave pay will be made in writing stating the reasons for the
denial. Employees may take advantage of this provision once during each
year 0 f this agreement
26.6 Employees shall be allowed to take up to twenty-four (24) hours of emergency
vacation leave on an annual basis. Employees shall make such a request in
accordance with the applicable, published call-in procedure outlined in Article 25.1
of this Agreement.
26.7 An employee who takes leave without a timely request or without approval shall
be subject to additional disciplinary action.
m 51
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City Of Boynton Beach N &O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 27
27.0 BONUS DAYS
27.1 INTENT
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 fÌom 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.
27.2 ACCRUAL
27.2.1 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 fÌom work or on leave other than those paid leave categories
recognized in this document.
27.2.2 Bonus days shall be counted as vacation leave and subject to the provision
set forth for use of vacation.
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City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 28
28.0 HOLIDAYS
28.1 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.
28.2 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 then (10)
hours of pay. In all events, where the employee is scheduled off for the holiday,
the employee is scheduled on during a holiday, the employee shall be paid their
regular rate of pay for working the holiday (time and one-halt) 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.
28.3 A full-time employee required to work and who actually works on an observed
holiday, or on the actual calendar day of the holiday but not both.. shall receive
time and one-half (11/2) their regular rate of pay for all hours worked in addition
to that payment provided in 28.2.
28.4 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave,
and other absences fÌom 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.
28.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays
falling on Sunday shall be observed the following Monday.
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City Of Boynton Beach
ARTICLE 29
29.0 COMPASSIONATE LEAVE
29.1 In the event of the death of the mother, father, child, foster parent, foster child, brother,
sister, husband, wife, son, daughter, son-in-law, daughter-in-law, grandparent,
grandchild, mother-in-law, or father-in-law ofa regular employee, the employee shall
be entitled to paid compassionate leave not to exceed three (3) consecutive workdays
for anyone death. However, if it is necessary for the employee to leave the State in
connection with the interment of the deceased, five (5) consecutive workdays shall be
allowed. Employees must submit proof of death in order to be eligible for this article.
The City Manager may grant additional leave under this section when he/she deems it
appropriate.
54
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City Of Boynton Beach f) NCF&O/SEIU ocal1227
White Collar Bargaining Unit
ARTICLE 30
30.0 MILITARY LEAVE
30.1 Reserve Training: All employees in the City service who are members of military
reserve units and who must attend annual training sessions are entitled:> pursuant to
Florida Statute 115.07-to seventeen (17) calendar days with pay each year in order
that these employees may fulfill their military obligations. Fire department shift
personnel will be granted a maximum of nine (9) shift days.
30.2 Active Duty: All employees who are reservists and are ordered to active military duty
shall continue to receive full City pay for the first thirty (30) days of active duty and
thereafter shall receive supplemental pay 1Ìom the City, in an amount necessary to bring
their total compensation, inclusive of their base military pay, to the level earned at the
time they were called to active military duty.
30.3 The City will continue to pay the eligible employee's portion of health, dental and
life insurance premiums and the City's pension contribution. If an employee has
dependent insurance coverage, the Finance Department will consider this in
determining the amount of supplemental pay so that the dependent insurance
premiums can be paid prior to the supplemental check calculation. The employee's
pension contribution will also be made prior to the supplemental check calculation.
If the supplemental pay is not sufficient to pay the dependent coverage, the
employee will be responsible for sending the City a check to cover the dependent
premium. The employee will also be responsible for making arrangements for any
other benefit premium or other deduction.
30.4 Continued Service: Unless the person provides the City with written notice that
they do not plan to return to employment with the City, no break in service will
occur during the period of active duty and the employee with continue to accrue
service for purposes of seniority and pension eligibility
¥6 55
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City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 31
31.0 LEAVE OF ABSENCE
31.1 A regular employee may be granted leave of absence without pay for a period not to
exceed six_months for sickness, disability or other good and sufficient reasons that are
considered to be in the best interest ofthe City. Requests must be in writing. A leave of
absence without pay of up to 30 calendar days can be approved by the employee's
Department Head and the Human Resources Director. A leave of absence in excess of
30 calendar days must be approved byJhe City Manager. Employees that are on
approved leave of absence without pay will be responsible for paying all their benefit
premiums, e.g., insurance, etc.
31.2 Leave of absence without pay will not be granted in order to accept employment with
another employer. If granted, leave of absence without pay 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. There will be no accrual
of sick leave, vacation leave or seniority during a leave of absence without pay
exceeding 30 days.
31.3 The City Manager, at his or her discretion, may approve up to an additional 6
months leave of absence without pay.
56
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City Of Boynton Beach CF&O/SEIU ocal 1227
White Collar Bargaining Unit
ARTICLE 32
32.0 UNAUTHORIZED ABSENCE
32.1 A bargaining Unit Member who is absent fÌom 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 fÌom employment with the City. Separation ofthis type shall
not be considered a disciplinary separation.
32.2 However, a bargaining unit member who is absent fÌom work without authorized
leave for a period of not less than 3 days or more than 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 fÌom employment with the City. Under these circumstances the
Director, Human Resources must be provided with details of the absence and
he/she must determine if just cause exists.
57
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City Of Boynton Beach N F&O/SEIU ocal1227
White Collar Bargaining Unit
ARTICLE 33
33.0 JURY DUTY
33.1 Leave with pay may be authorized in order that regular employees may serve required
jury duty or a subpoena issued by a court oflaw to appear as a witness on cases
relevant to the City, provided that such leave is reported in advance to the Department
Director. All pay granted under this section must be approved by the Department
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 regular
work schedule, unless otherwise provided by law. Employees can keep only travel
expense monies. Employees subpoenaed as witnesses in cases unrelated to City
business may take vacation leave in order to receive pay.
~ 58
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City Of Boynton Beach CF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 34
34.0 SENIORITY & LAYOFF & RECALL
34.1 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 workforce 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.
34.2 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
£ 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 fÌom military leave within the time prescribed
34.3 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.
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City Of Boynton Beach
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 ofthe 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 fÌom 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 fÌom 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.
60
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City Of Boynton Beach NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 35
35.0 RECRUITMENT AND SELECTION
35.1 In order for the City to be operationally competitive with other governmental entities as
well as the private sector, the recruitment and retention of qualified employees is of
paramount importance. To achieve maximum efficiency the City must have the
flexibility to fill vacancies through either promotion or outside hiring. Vacant positions
shall be filled in the best interests ofthe City through recruitment, selection, and
promotion of employees on the basis of their qualifications and relative knowledge,
abilities, and skills; provided that where these factors are equivalent, preference will be
given to current employees.
35.2 Basic Requirements
35.2.1 Human Resources is responsible for the nondiscriminatory implementation of
this policy.
35.2.2 Each department is responsible for assisting the Human Resources Department
with recruitment, interviews, tentative selections, and recommendations for
appointment. Departments have no authority to modifY or waive the provisions
of the PPM.
35.2.3 Human Resources has primary responsibility for hiring employees. All
employment discussions are to be considered non-obligatory, exploratory, and
tentative in nature and should be indicated as such to the applicant. Any offers
of employment made to an individual prior to obtaining all necessary
authorizations shall not be binding on the City.
35.2.4 The City shall make every effort to fill open bargaining unit positions within
sixty (60) days ofthe position becoming vacant, except that nothing here shall
prevent the City fÌom changing, modifYing or eliminating vacant bargaining
unit positions.
35.3 Procedures
35.3.1 Applications and Interviews
35.3.1.1 Once Human Resources has officially announced a job vacancy through
the posting of an Employment Opportunity notice, the official
recruitment process has begun. The recruitment process may be
withdrawn for any position, provided that such is not arbitrary or
capricious, upon written notice to the union by the Director of Human
Resources.
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City Of Boynton Beach NCF&O/ EIU Local 1227
White Collar Bargaining Unit
35.3.1.2 Individuals desiring consideration for employment must submit an
Application for Employment, or a resume to Human Resources.
Employees are encouraged to submit applications for promotional
opportunities. All applicants submitting a resume and granted further
consideration shall complete an Application for Employment. Veterans
preference will be given in compliance with current legislation.
35.3.1.3 Applications must be signed by the applicant. Falsification of any part
of the Application for Employment or any related documents may,
upon discovery, lead to the denial of an application, withdrawal of an
offer of employment, or dismissal ofthe employee.
35.3.1.4 All applications and resumes received by departments must be
forwarded to Human Resources.
35.3.1.5 Applications for employment may be accepted by the Human
Resources Department when there are current vacancies for a specified
position.
35.3.1.6 When a vacancy occurs, previously submitted applications and resumes
on file in Human Resources may be considered in addition to all new
applications and resumes received until the established closing date or
until the vacancy is filled.
35.3.1.7 Certain classifications may require applicable testing prior to being
given consideration. Human Resources will administer tests required
and ensure that passing scores are attained prior to forwarding an
application to a department for consideration.
35.3.1.8 Human Resources shall advise the appropriate Department Head of the
eligible applications.
35.3.1.9 Upon receipt of the eligible applications, the department should:
a. Review and evaluate all applications and resumes based on, but not
limited to relative qualifications, knowledge, abilities, skills,
education, experience, and certifications or licenses required in
accordance with current class specifications; and,
b. Prepare an interview schedule and conduct interviews. Human
Resources may assist in scheduling, contacting, or co-interviewing
ofapplicants at the request of the department; and
c. Determine which candidates are most suitable for further
consideration and proceed with additional interviews, if
necessary; and,
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City Of Boynton Beach
d. Determine whether the applicant pool not was sufficient prior to
recommendation for employment.
35.3.2 Selection, Reference Checks and the Recommendation Process
35.3.2.1 Once the interview process has determined suitable applicants, the
department shall be responsible for checking references. No inquiry
regarding criminal records, credit history or medical conditions shall be
made at this step of the evaluation.
35.3.2.2 Human Resources may also conduct verifications regarding academic
degrees, previous employers, character references. All information
provided on the Application for Employment will be subject to verification
as needed.
35.3.2.3 Once the results of reference checks and other verifications appear
satisfactory, the department will be notified in order that processing may
continue.
35.3.2.4 The department may then recommend an applicant for employment and
submit the proper forms to Human Resources for processing. The Human
Resources Director shall be responsible for reviewing recommendations to
assure fairness in the process. If the Department Director proposes a salary
that exceeds the minimum of the position's pay range, written justification
must be included for consideration ofthe salary. The Union shall also be
notified ofthe proposed deviation in pay.
35.3.2.5 Upon receipt of a recommendation for employment and in conjunction
with a tentative offer of employment, a pre-employment physical, which
may include a drug test, for the applicant is then scheduled. Medical
examinations must be satisfactorily passed to determine fitness to perform
the duties of the position. At this step of the hiring process, Human
Resource, with the assistance of the Florida Department of Law
Enforcement (FDLE) shall check the prospective employee for a criminal
record and may obtain, following the requirements ofthe Fair Credit
Reporting Act, the prospective employee's credit.
35.3.2.6 After acceptance of an applicant's physical examination and drug test
results, criminal background check and credit check, if required, the
Human Resources Director may authorize proceeding with the hiring
process.
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City Of Boynton Beach
35.3.3 Employment Acceptance
35.3.3.1 Employment acceptance must be made by the applicant within three (3)
workdays of the department's employment offer, unless otherwise
extended by Human Resources. If employment acceptance is declined,
the department may consider another applicant fÌom the recruitment's
applicant pool, or the department may choose to begin a new
recruitment. Employment Procedures shall be followed in either case.
35.3.3.2 The department must notifY Human Resources of the tentative hire
date. New employees must provide proof of work eligibility and
verification of identity to the City. Human Resources will forward the
necessary employee paperwork to the Finance Department for payroll
purposes.
35.3.4 Orientation
Human Resources shall schedule and conduct a general orientation program for all new
employees to explain the City's history and organization, to complete benefit program
enrollments, and to stress the use of safe work practices.
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City Of Boynton Beach NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 36
36.0 SAFETY AND HEALTH
36.1 The City shall comply with all State and Federal regulations pertaining to the
occupational safety of the members of this bargaining unit. The City has and will
maintain a safe and healthy working environment for bargaining unit employees.
36.2 Employees who are in positions designated by the Safety Committee will receive a
shoe wage allowance of$190.00 each year for safety shoe/boots payable once for
each year 0 f this Agreement.
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.
36.3 Employees who fail to wear proper safety equipment when required are subject to
disciplinary action.
The City shall provide specialty shoes/boots as necessary, at no cost to the
employee, such as di-electric boots or after documentation fÌom a physician
indicating a medical condition exists.
36.4 The City shall make available immunization shots for tetanus, hepatitis, and
diphtheria for all members ofthe bargaining unit as requested on a voluntary basis.
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City Of Boynton Beach
ARTICLE 37
37.0 INSURANCE
37.1 The City shall pay the total medical insurance, dental insurance, and vision care
premiums for all regular employees. The employees will pay the full cost of
medical msurance, dental msurance, and VISIon care premIUms 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 fÌom 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 fÌom 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 fÌom the insurance committee.
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City Of Boynton Beach
ARTICLE 38
38.0 PERSONNEL FILES
38.1 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.
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City Of Boynton Beach
ARTICLE 39
39.0 TUITION ASSISTANCE PROGRAM
39.1 PURPOSE
Defines the Tuition Assistance Program, which reimburses eligible employees for
successful completion of approved courses up to a $1,500.00 cap for Associate
degrees, a $2,000.00 cap for Bachelors degrees, and a $3,000.00 cap for graduate
degrees per fiscal year for tuition and books. The City makes no commitment to
employees that advancing their education will result in either a promotion or pay
mcrease.
39.2 SCOPE
39.2.1 The provisions of this procedure shall apply to all full time employees who
choose to attend an accredited college or university to pursue an approved
degree course.
39.2.2 LIST OF RESPONSIBILITIES:
a. All full time Employees
b. Division Heads
c. Department Managers
d. Tuition Assistance Coordinator
e. Director, Organizational and Strategic Development (OSD)
f. Human Resources
39.2.3 DEFINITIONS
39.2.3.1 Full time employee - an employee who has completed one
year of service with the City after hiring or promotion to full
time status.
39.2.3.2 Tuition Assistance Coordinator -- Assigned designee who
coordinates the Tuition Assistance Program.
39.2.3.3 Director, Organizational and Strategic Development -
Assigned person who supervises the Tuition Assistance
Program.
39.2.3.4 CAP - Upper limit on dollar amount that the City shall
reimburse.
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City Of Boynton Beach JI ~C &O/SEIU Loéal1227
White Collar Bargaining Unit
39.3 REQUIREMENTS
39.3.1 Eligibility
39.3.1.1 Applicants shall be full-time employees and meet the following
performance and length of service requirements prior to
beginning classes.
39.3.1.2 Full time employees who have completed their one-year
probation. Part-time and Temporary Employees shall not be
eligible to receive tuition assistance.
39.3.1.3 Employees must maintain a minimum or comparable rating of
"meets standards" on performance reviews in order to remain
eligible for tuition assistance.
39.3.2 Application
39.3.2.1 Employees may apply for reimbursement limited to $1,500.00
per AA or AS, $2,000.00 per BA or BS, and $3,000.00 for
graduate degrees cap per Fiscal Year by completing the
Application for Tuition Assistance form (PDF. 021) available in
the Organizational & Strategic Development department,
Human Resources departments, and on the "S" drive.
39.3.2.2 Application is restricted to tuition and texts only for approved
courses required in the program.
39.3.2.3 Approval Cycle: Completed applications for Tuition Assistance
should be submitted by the applying employee to their manager
for approval, then sent through their area signature cycle,
including their Division Director and then to the Tuition
Assistance Coordinator who will submit it to the Director
Organizational & Strategic Development for final approval.
39.3.2.4 The Director Organizational and Strategic Development must
approve applications prior to attending the first class to verifY
the class is eligible for reimbursement. Employees who begin
classes prior to approval by those listed on the Approval Cycle
will not be reimbursed. Incomplete applications will be
returned to the employee and will delay approval.
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City Of Boynton Beach NctF&Ò/SEIU ocal 1227
White Collar Bargaining Unit
39.3.2.5 Original receipts for tuition and books should be sent to the
Tuition Assistance Coordinator as soon as they are available.
Reimbursement will not be made without original receipts.
39.3.2.6 Final approval of all Tuition Assistance applications rests with
the Director of Organizational & Strategic Development. Job-
relatedness as determined by the City shall factor significantly
into the City's decision to approve a given course or program.
39.3.2.7 Once approved, a copy of the application shall be returned to
the employee. This copy should be saved and re-submitted with
the original course grade at the end ofthe course to the Tuition
Assistance Coordinator. Courses or books that are rejected
fÌom reimbursement shall be noted on the copy.
39.3.3 Selection of courses and schools
39.3.3.1 Tuition Assistance is granted at the City's sole discretion for
individual courses based on course content and job-related
factors. Generally, courses must aid employees to improve
performance in their present job or prepare for advancement
within the City. All courses in a degree program shall not be
automatically covered. Electives must be chosen to provide the
greatest benefit for the employee's current position or a future
position within the organization.
39.3.3.2 Colleges and universities must be accredited by the appropriate
regional accrediting association, and must be included in
Florida's Independent Licensed and Accredited Colleges and
Universities and/or the Directory of Accredited Institutions.
39.3.3.3 Colleges and Universities granting degrees by distance learning
media must be accredited by the appropriate regional
accrediting association, and must be included the Directory of
Accredited Institutions. The availability of courses at a
community college or four-year university in the local area, as
well as the ability of the employee to attend these classes, shall
be a determining factor in approving a correspondence course.
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City Of Boynton Beach
39.4 Ineligible Courses
39.4.1 Certain courses shall be considered ineligible for reimbursement under
all circumstances, even if they are a degree requirement. Examples of
these types of courses are: physical education and sex education
classes.
39.4.2 Seminars, of any kind, shall not be reimbursed under the Tuition
Assistance Pro gram.
39.4.3 The Tuition Assistance Program shall not cover classes that earn
Continuing Education Units (CEUs).
39.4.4 Review courses designed to "coach" the participant to improve their
chances in passing a test, such as a CPA examination or college
entrance test (SAT), shall not be covered.
39.4.5 Courses that are graded on a pass/fail option shall not be eligible.
39.4.6 Courses that officially began prior to the employee becoming eligible
for tuition assistance shall not be eligible.
39.4.7 Courses issuing credit for "Life Experience" or Portfolios shall not be
covered.
39.5 Materials and Fees
39.5.1 Eligible for reimbursement.
39.5.1.1 One hundred percent (100%) of tuition shall be reimbursed if a
grade of "B" or better is earned. Fifty percent (50%) of tuition
shall be reimbursed if a grade is "C." There shall be no
reimbursement for courses where the earned grade is below "C."
39.5.1.2 Cost of all required books for which an original receipt is submitted
shall be reimbursed. Employees may be required to provide
documentation that their professor or instructor requires certain
books.
39.5.2 Ineligible for Reimbursement.
39.5.2.1 The following fees shall be ineligible for reimbursement: activity,
administrative, application, course change, entrance exams (e.g.,
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City Of Boynton Beach I NCF&O/SEI Local1227
White Collar Bargaining Unit
SAT, GRE, GMAT), graduation, health, laboratory, late
registration, library, parking, registration, transcript, etc.
39.5.2.2 The following equipment, supplies or miscellaneous costs shall be
ineligible for reimbursement: pens, pencils, folders, notebooks,
study guides, private tutoring, calculators, tape recorders,
photographic equipment or supplies, computer equipment or
supplies, software, etc.
39.6 Tuition and Books
39.6.1 Eligible for Reimbursement
39.6.1.1 The maximum per hour reimbursement will be based on the
current tuition rates at Public institutions in the area, and is
limited to tuition and texts only for approved courses.
39.6.1.2 The approved copy of the Application for Tuition Assistance
form shall be documentation that the employee is eligible for
Tuition Assistance in accordance with City policy. This
approval does not imply the City will accept responsibility to
pay the employees tuition to the school or any other party.
39.6.1.3 Tuition and books which are paid by student loans are covered
under this policy. Employees must produce proof of student
loan if they are not the payee on the registration documentation.
39.6.1.4 Employees will be reimbursed the difference between the
amount covered by non-refundable financial assistance and the
total cost of tuition and books up to the maximum of the
amount allowed under this policy when the cost of tuition and
books exceed the limit of the scholarship or financial aid.
Employees must provide proof of financial aid and or the value
of the scholarship
39.6.2 Ineligible for Reimbursement
39.6.2.1 Courses which are covered under any non-refundable financial
aid, including scholarships, and government assistance, are not
covered under this policy. Employees may not submit claims
for reimbursement for tuition or books, which are covered by
non-refundable financial assistance.
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City Of Boynton Beach
39.7 Terminated employees
39.7.1 If an employee receives approval for a particular semester and begins
attending classes, but is involuntarily terminated by the City prior to the
completion of the courses, the City may at its sole discretion reimburse the
covered expenses. The course must have already started prior to the
involuntary termination for reimbursement to be paid.
39.7.2 Employees who voluntarily leave their employment or are terminated "for
cause" will be required to reimburse the City 100% ofthe tuition assistance
received during the 24 month period prior to their termination date.
39.8 Submission of Grades
39.8.1 A copy of the approved Application for Tuition Assistance form or a
facsimile shall be re-submitted to the Tuition Assistance Coordinator
along with the original grade report and any remaining original receipts.
39.8.2 Approved applications will be held for four (4) weeks after the
anticipated course completion date. Grades or receipts not presented
by this time shall not be reimbursed.
39.8.3 Employees will usually be reimbursed for approved courses within four
weeks fÌom submission of the final grade report. All reimbursements
shall be paid by City check.
39.8.4 If a degree is earned, a copy must be submitted to the Tuition
Assistance Coordinator so that it may be included in the employee's
file.
39.9 Disbursement
39.9.1 Tuition assistance will be granted up to and including available funds in
the budget for the fiscal year. At no time will reimbursements exceed
the available funds in the current fiscal year budget.
39.9.2 Reimbursements will not be retroactive and will cover only those
classes taken in the fiscal year in which they applied.
39.10 Responsibility and Authority
39.10.1 Management, at all levels, shall be responsible for enforcing this policy
within their area.
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City Of Boynton Beach -; NCF&O/SE ocal1227
White Collar Bargaining Unit
39.10.2 The interpretation and administration of this policy shall be the
responsibility of the Director of Organizational and Strategic
Development.
39.10.3 The Director of Organizational and Strategic Development or assigned
designee, shall be responsible for the audit, approval, and processing of
tuition assistance applications and reimbursements.
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City Of Boynton Beach N F&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 40
40.0 GENERAL PROVISIONS
40.1 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 ofthe
City's work provided they furnish the City with a list of their personal tools
approved by their department head. 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 fÌom their assigned City-owned vehicle
or City property shall be replaced by the City, if there was no negligence in their
loss. In the event that the employee was negligent, the employee shall be
responsible for the replacement of the stolen tools.
40.2 The employee shall be allowed to place written refutations and or responses into
their personnel file and/or departmental work file when those refutations or
responses relate to material placed into the personnel file that has been prepared by
supervIsors.
40.3 For the term ofthis agreement, employees who are required to wear uniforms shall
receive the same number of uniform pieces allocated to them prior to the
ratification ofthe agreement. The cost ofthe uniforms shall be borne by the City.
40.4 All uniform pieces and any uniform shoes required by the department to comply
with departmental appearance standards shall be supplied by the City All uniform
articles will be provided through the City's warehouse.
40.5 Employees who are not required to wear uniforms shall be allowed to continue to
wear City polo shirts in the color choice of the City. The City shall provide seven
(7) polo shirts to each employee on their anniversary date. The cost of uniforms
and/or polo shirts shall be borne by the City.
40.6 No alcoholic beverages are to be purchased or consumed while wearing a City
polo shirt or a City uniform.
40.7 Automobile Allowance - Employees who are employed in the Building and
Occupational License Department, and who are regularly required to use their
personal vehicle for City business shall receive a $490.00 monthly car allowance.
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City Of Boynton Beach NCF&O/S IU Local 1227
White Collar Bargaining Unit
ARTICLE 41
41.0 DUES DEDUCTION
41.1 For all union business, employees covered by this agreement should first contact
their union steward.
Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying LOCAL 1227 dues deductions and/or
COPE deductions. Employees shall receive copies ofthe form fÌom either the City
Finance Department or their Union office.
41.2 The Union will initially notifY the City as to the amount of dues and COPE
deductions. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership or
COPE dues will be similarly certified to the City and shall be done at least one (1)
month in advance ofthe effective date of such change. To revoke the payment of
Union dues 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.
41.3 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 ofthe 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.
COPE deductions will be remitted to the union in a separate check on a quarterly
basis beginning April 2004.
41.4 For the purpose of putting this article into effect, the Union will furnish forms for
such individual authorization reading as follows:
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City Of Boynton Beach CF&O/SEI Local1227
White Collar Bargaining Unit
NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUATION OF UNION DUES
I hereby authorize my City to deduct fÌom 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 hereby authorize my employer to deduct fÌom 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 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.
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City Of Boynton Beach f) NCF&O/SEI Local1227
White Collar Bargaining Unit
ARTICLE 42
42.0 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 fÌom the Union.
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City Of Boynton Beach
ARTICLE 43
43.0 SUBSTANCE ABUSE
43.1 The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free
Workplace Policy as adopted in City Code 2-19 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.
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City Of Boynton Beach
ARTICLE 44
44.0 PROBATIONARY PERIOD
44.1 In order to determine that each employee is placed in a position most likely to
result in a successful career at the City, all newly hired or promoted employees
shall be required to complete a probationary period.
44.2 New Hire (Full-time):
Each new full-time employee must successfully complete a probationary period of
twelve months fÌom the date of hire.
Promotion fÌom Part-Time to Full-Time:
Each promoted employee must successfully complete a probationary period of
twelve months fÌom the date of promotion.
Upon successful completion ofthe probationary period, the probationary employee
will be considered a regular employee.
44.3 Promotion to a Higher Graded Position:
Each promoted employee must successfully complete a probationary period of six
months fÌom the date of promotion. Note: Applicants for promotion must have
been in their current position for a minimum of six months and have a Meets
Standards or higher performance rating.
44.4 Transfer to a different position, whether in the same or a lower grade:
Each transferred employee must successfully complete a probationary period of six
months fÌom the date of transfer. Probationary employees, whether in their first
year as an employee or in their six-month promotional probationary period have no
property entitlement to their position.
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City Of Boynton Beach
ARTICLE 45
45.0 LONGEVITY BENEFIT
45.1 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
45.2 Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifth (5th) anniversary a lump sum payment of$500.
On the employees tenth (10th) anniversary a lump sum bonus payment of$1000.
On the employees fifteenth (15th) anniversary a lump sum bonus payment of$I,500.
On the employees twentieth (20th) anniversary a lump sum bonus payment of$2,000.
On the employees twenty-fifth (25th) anniversary a lump sum bonus payment of$2,500.
On the employees thirtieth (30th) anniversary a lump sum bonus payment of$3,000.
On the employees thirty-fifth (35th) anniversary a lump sum bonus payment of$3,500.
On the employees fortieth (40th) anniversary a lump sum bonus payment of$4,000.
45.3 Any pay earned for Longevity Benefits is subject to required Federal deductions.
45.4 Employees who terminate fÌom the City employment prior to their hire anniversary
date will not be entitled to benefits.
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City Of Boynton Beach
ARTICLE 46
46.0 BONUS INCREASES
46.1 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.
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City Of Boynton Beach F&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 47
47.0 LABOR-MANAGEMENT
47.1 A joint labor/management committee composed of an equal number of
representatives fÌom the union and management shall meet within ninety (90) days
of the ratification of this agreement to study and make recommendations on ways
to minimize overtime costs, standby costs, and improve working conditions for
employees, or to take up other subjects as determined by the committee. During
the first meeting, the committee shall determine a meeting schedule to be
implemented.
83
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City Of Boynton Beach CF&O/SEI Loéal1227
White Collar Bargaining Unit
ARTICLE 48
48.0 SAVINGS CLAUSE
48.1 If any article or section of this Agreement should be found invalid, unlawful or not
enforceable, due to 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.
1ß 84
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City Of Boynton Beach NCF&O/SEIU Local 1227
White Collar Bargaining Unit
ARTICLE 49
49.0 MAINTENANCE OF CONDITIONS
49.1 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 no non-salary (age or allowance)
monetary benefit, except as set forth or incorporated by reference in this
Agreement.
49.2 Ifpast practice or status quo is raised at any time during the term of this contract,
then the Union and City agree to document the resolution of the status quo or past
practice by Letter of Agreement, and such letter of agreement shall not survive this
agreement unless incorporated into future agreements.
-Vß 85
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City Of Boynton Beach NCF&O/SEI Local1227
White Collar Bargaining Unit
ARTICLE 50
50.0 POSTING OF AGREEMENT
50.1 The City will maintain a copy ofthis Agreement for inspection in the Human
Resource Department.
50.2 The City will post a copy of this agreement, as ratified, on the City's web page.
50.3 The City will provide the NCF&O with a copy ofthis agreement on compact disk.
50.4 The City will provide each new employee with a copy ofthis Collective Bargaining
Agreement at the time of their initial orientation.
86
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City Of Boynton Beach
ARTICLE 51
51.0 COLLATERAL DOCUMENTS
51.1 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 the terms of said collateral
documents conflict with the terms of a specified articlein this agreement, in which
case the terms ofthis Agreement shall control..
51.2 Nothing herein shall be interpreted to preclude the right of the Union or City to
impact bargain, subject to applicable law.
i6 87
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City Of Boynton Beach
ARTICLE 52
52.0 DURATION
52.1 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. No wage or benefit provided herein is retroactive in
nature prior to the effective date of this Agreement. Wage and benefit levels
existing on September 30, 2006 shall be frozen as of that date and shall constitute
the status quo during any period of negotiations for a successor agreement.
Agreed to this ~ day of --:r.dìÎtiv;' 2005 by and between the respective
parties through the authorized represent tives of the Union and the City.
NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC
~.Þ,«!imÞV~tr ~a~ ~t /
PRESIDENT Witness
Sharon Mnnley D . _ . ~ .
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WItñéss
-"-"- -"-"-"-"-"-"-"-"-' -..-..- -..-. -..-..-.- .-..- -"- '-"- - -'-'-"
CITY OF BOYNTON BEACH
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flA YOR Witness
erry Ta or
'-"-"-"-"-'-"- '-"-"-"-'-"-"-"-"- .-..-. -..-..-.- -.-..
V~ct ~
Witness
'-"-"-"-"-'-"-"-"-"- -.-.-. - .-. -.-..-.-.- -.- -'-"-'
AP. PROVED. AS TO FORM AND CORRECTNESS ~
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f-- CITY ATTORNEY CITY MA AGER
James Cherof Kurt Bressner
Date ratified by Commission: 7- q-05 Date ratified by Union: b-/b - 05""
88
City Of Boynton Beach NCF&O/SEIU Local 1227
White Collar Bargaining Unit
Appendix "A" CITY OF BOYNTON BEACH
NCF&O/SEIU UNION TIME-OUT FORM
(Request to be absent fÌom duty by an authorized Union Representative)
I, _____________________________, request to be absent from duty for a union
IŒPRESENTAIlVE'S NAME
meeting at ___________________ ,on ______________________, at _____________ for
LOCATION DATE TIME
the following Reason:
Grievance This form must be completed and
-
Consultation with Management received by Finance within seven (7)
- calendar days of the meeting date as
Pre- Determination Conference
- stated on this form.
Employee Requested Representation
-
- Collective Bargaining
Arbitration
-
NCF&O Business
- (CHECK ONE)
Union Representative's Signature
Release Authorization - _ Approved Denied (Completed by Supervisor/ Manager)
-
I I
Printed Name Title Time Out
Signature Date
Meeting Verification (Completed by Management Representative at meeting or Supervisor
releasing employee for meeting with union representative)
I I
Printed Name Title Meeting Start Time
I I
Signature Date Meeting End Time
Return to Work (Completed by Supervisor/ Manager)
I I
Printed Name Title Time Returned
Signature Date
TOTAL ELAPSED TIME I I
(Total elapsed time is the difference fÌ'om the TIME OUT and the TIME RETURNED)
Reason for denial:
White/Human Resources BluelDepartment Yellow/Employee Pink/Meeting Manager GreenIReleasing Manager
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National Conference of Firemen & Oilers
SEIU NCFO Local 1227, AFL-CIO, CLC
SEIU 2112 S. Congress Ave., Suite 207
Palm Springs, FL 33406
--=-.. . no no ------------ ------ ----- ------ ---- --- ----
--
NCFO
July 19, 2005
Mr. Kurt Bressner
City Manager
City of Boynton Beach
PO Box 310
Boynton Beach, FI. 33425
VIA: FAX & US Mail
Dear Mr. Bressner:
First of all, thank you for your Sympathy Card, it meant a lot to receive it from
you. I am sorry about the delay in signing the White Collar CBA, but as you
know I was not in town until yesterday.
Attached to this letter is Article 52 Duration, with my signature. I am signing this
with the understanding that all the Articles included in this new CBA are verbatim
to that language agreed to on the T A"s signed at the bargaining table.
If we find any typing errors as we go forward I will expect the City to stand behind
the Ta's just as the Local 1227 will do.
Sincerely,
Local 1227, National Conference of Firemen & Oilers, SEIU, AFL-CIO, CLC
. ~~
Sharon A. Barmore Mun
President
cl Pam Welsh, Chief Steward
Skip Lewis, Steward
Phone: 561-965-0077 Fax: 561-965-0151 Toll Free: 1-888-702-0810
Website: www.locaI1227.org . em ail address: info@loca11227.org
~
TRADES M. OUNCll 20
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CITY CLERK'S OFFICE
MEMORANDUM
TO: Kurt Bressner
City Manager
FROM: Janet M. Prainito
City Clerk
DATE: July 27 f 2005
RE: White Collar Bargaining Unit Contract
Attached is the signature page for the White Collar Bargaining Unit contract. Please
sign and return for further processing.
Thank you.
~Yn. p~
achment
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S:\CC\WP\AFTER COMMISSION\City Manager Transmittals\2005\Transmittal of White Collar Contract Signature Page.doc
ARTICLE 52
52.0 DURATION
52.1 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. No wage or benefit provided herein is retroactive in nature
prior to the effective date of this Agreement. Wage and benefit levels existing on
September 30, 2006 shall be fÌozen as of that date and shall constitute the status
quo during any period of negotiations for a successor agreement. Both parties
agree to reopen Article 16 for the purpose of determining wage for the 200512006
fiscal year.
Agreed to this day of , 2005 by and between the respective
parties through the authorized representatives of the Union and the City.
NATIONAL CONFERENCE OF FIREMEN & OILERS, SEIU, AFL-CIO,CLC
PRESIDENT Witness
Sharon Munley
Witness
-..-..-..-..-..-..-..-..-..-..-..-..-..- .-..-..-..- .-..-..-..-..-..-..-..- .-..-..-..-..-..
CITY OF BOYNTON BEACH
MAYOR Witness
Jerry Taylor
-..-..-..-..-..-..-..- .-..-..-..-..-..-..-..-..-..- .-..-..-..- .-..-..-..-.'-"-"-"-"-"
ATTEST
CITY CLERK Witness
Janet Prainito
-.. -.. -.. -..-.. -..-.. -.. -.. -.. -..-.. -.. -.. -.. -.. -.. _.. -.. - ,. -.. -.. -.. -..-.. -.. -.. -.. -.. _.._..
APPROVED AS TO FORM AND CORRECTNESS
CITY ATTORNEY CITY MANAGER
James Cherof Kurt Bressner
Date ratified by Commission: Date ratified by Union: ~h" lð)'
c I 88
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City Of Boynton Beach