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R00-036 RESOLUTION R OO-,~ A RESOLUTION OF THE CITY COMMISSION OF THE CI'TY OF BOYNTON BEACH, FLORIDA, RATIFYING THE CONTRACT BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (BLUE COLLAR BARGAINING UNI-I') FOR THE PERIOD FROM OCTOBER 1, 1999 THROUGH SEPTEMBER 30, 2000, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City of Boynton Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFL-CIO, CLC, LOCAL 1227 (Blue Collar Bargaining Unit) have successfully concluded negotiations for a one year contract; and WHEREAS, the Agreement was ratified by the Bargaining Unit of the Union; and WHEREAS, the City Commission of the City of Boynton Beach deems it to se in the best interests of the residents and citizens of the City to ratify the ~,greement and execute the same; and NOW, THEREFORE, BE I'T RESOLVED BY THE C]:TY COHM?SS]:ON OF THE C]:TY OF BOYNTON BEACH, FLOR?DA, THAT: .Section 1. The City Commission of the City of Boynton Beach, Florida does hereby ratify the Agreement between the City of Boynton Beach and the NATIONAL CONFERENCE OF FIREMEN & OILERS SEIU, AFl-CIO, CLC, LOCAL 1227 (Blue Collar Bargaining Unit) for the period of October 1, 1999 through September 30, 2000, and authorizing and directing the Mayor and City Clerk to execute the Agreement, a copy of said agreement being attached hereto as Exhibit "A", Section 2. This Resolution will become effective immediately upon ~assage. PASSED AND ADOPTED thisot/ day of lVlarch, 2000. Vice Mayor Mayor Pro Tem Commissioner Commissioner ATTEST: AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE NATIONAL CONFERENCE OF FIREMEN AND OILERS, SEIU, AFL-CIO, CLC LOCAL 1227 BLUE COLLAR BARGAINING UNIT October 1, 1999 - September 30. 2000 City of Boynton Beach S:ca\ColBgnkBlue Final 03 t 300 1 TABLE OF CONTENTS Article 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 ~-~ty of Boynton B~ach S:ca\ColB~lu¢ Final 0313~ Preamble ..................................... Recognition .................................. Rights of Employees .......................... Sb'ikes ...................................... Non-Discrimination .......... ~ ................ Representation of the City ................... Union Representative ......................... Bulletin Boards .............................. Grievance Procedure .......................... Basic Work Week and Overtime, ............... Sick Leave .................................. Funeral Leave, .............................. Military Leave ............................... Leave of Absence ............................. .Jury Duty .................................... Maintenance of Conditions .................... Seniority, Layoff, Recall .................................... 3ob Posting; ................................................ 2 Page 4 5 6 7 8 9 10 12 13 16 20 24 25 26 27 28 29 31 Holidays.... .................................. 33 20 Vacation ..................................... 35 2! Wages ........................................ 37 22 Safety and Health ............................ 38 23 General Provisions ........................... 39 24 Savings Clause; .............................. 41 25 Dues Deduction ................. ~ ............. 42 26 Pension ...................................... 44 27 Duration ..................................... 45 28 Uniforms ..................................... 46 29 Substance Abuse .............................. 47 30 Management Rights ............................ 48 31 Probationary Period .......................... 50 32 Bonus Day ........................................ 51 19 City ~fl~oyntoh B~ch S:ca\ColBgnkBlue Final 031300 3 ARTICLE 1 PREAMBLE Section 1. This agreement is entered into by and between the City of Boynton Beach, Florida, hereinafter referred to as the "Employer" or "City", and the National Conference of Firemen and Oilers, SEIU AFL-CIO, LOCAL 1227, hereina~er referred to as the "Union". The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an em ployer, the em ployees, and the citizens of Boynton Beach. The parties recognize~ that the best interest of the corem unity and the job security of the employees of the City depend upon the City's success in establishing and maintaining effective, proper and superior service to the community. Section 2. The Parties agree that nothing in this agreement shall prohibit the parties from meeting and discussing any items of mutual interest. ~-ity of Boynt6n Beach 4 S:ca\ColBgnkBiue Final 031300 ARTICLE 2 RECOGNrl'ION Section 1. The City of Boynton Beach hereby recognizes National Conference of Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the purpose of bargaining collectively with the City relative to salades and other conditions of employment for all employees in the below described bargaining unit Section 2. The Union and management will prepare a listing of new job titles to be included into a unit clarification petition to the PERC in order to include all appropriate bargaining unit members who received a position title change through implementation of the City pay plan. ~. Within thirty days of ratification, a committee shall be formed, which shall include three representatives from the union and three representatives from management. The purpose of the committee shall be to address concerns relative to the job descriptlons, duties, wage ranges, classifications, etc., which employees may bring forth to the committee, Section 4. Within 30 days of ratification, a committee shall be formed, which shall include three representatives from the union and three representatives from management. The purpose of the committee shall be to address concerns relative to the job descriptions, duties, wage ranges, classifications, etc., which employees may bring forth to the committee, Section 5. The bargaining unit is as set forth in PERC Certification # . City bt~(~ynt~n B~ach 5 S:ca\ColBgn'tBiue Final 031300 ARTICLE 3 RIGHTS OF EMPLOYEES Section 1, The employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. Section 2. The City agrees to the preservation of em ployee rights as described in this Article. Section 3. All provisions of this Agreement shall be applied fairly and equitably to all employees in the Bargaining Unit. Section 4. Employees may request a Union representative to be present when they believe a formally scheduled meeting with a supervisor may lead to discussions which could form the basis of disciplinary action. Cit'y~of ~byn(on B~ch U ion t* 6 ~:ca\ColBgnXBlu¢ Final 031300 ARTICLE 4 STRIKES Section 1. The National Conference of Firemen and Oilers Union, AFL-CIO, LOCAL 1227 or their member agents or designees, agree during the life of this Agreement that they shall have no right to engage in any work stoppage, slow down, strike, or unlawful picketing. Section 2. In the event of a strike, work stoppage or interference with the operation and accomplishment of the mission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppageand order the employees to return to work and attempt to bring about prompt resumption of normal operations. The Union representatives shall notify the City 12 hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this Article. ~ity of Boyr~on B~ach U~io5 ~, 7 S:ca\ColBgnkBlue Final 031300 ARTICLE 5 NON-DISCRIMINATION Section 1. The Employer and the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and the Union affirm their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. Section 2. It is agreed that no employee shall be discriminated against, as prescribed by State or Federal laws~ in their employment because of race, creed, color, sex, age, national origin, marital status, physical handicap, sexual orientation or membership or non-membership in the Union. City of Boynton Beach Union 8 S:ca\ColBgn~Blue Final 031300 ARTICLE 6 REPRESENTA'rION OF THE CITY Section 1. The City shall be represented by the City Manager, or a person or persons designated in writing to the Union by the City Manager. All collective bargaining agreements shall be approved in the manner provided by Chapter 447, Florida Statutes. C~ty of Boyntc(n Be'ach ~ L~-i~-~o Ur~on~ 9 S:ca\CoiBgnX,Blu¢ Final 031300 ARTICLE 7 UNION REPRESENTATION Section :t. The Union, as representatives of the employees in the bargaining unit covered by the Agreement, shall have the right to present its views to Management on matters of concern either orally or in wdting. The "presentation of views" shall not be construed to mean that the City shall be obligated to hold a formal hearing on any matter put forth by the Union. SectiOn 2. The Employer agrees to recognize the officers, and stewards designated by the Union as agents of the Union. The Union shall furnish written notice to the City Manager's office of such the designated Union officers or steward prior to its their appointment becoming effective. The Employer recognizes the right of the Union to designate seven (7) stewards and one chief steward from among the regular permanent employees in the specified divisions. Section 3. Non-employee officials of the Union shall, with proper notification, be admitted to the property of the employer for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with employees in non-work areas (i.e., break areas) and during non-work time. Section 4[ The City Manager will grant Union leave without pay for up to two officers or stewards of the Union for up to a total of thirty (30) days per year in order that they may attend 'conferences, seminars and similar events or other union activities related to their representative function provided the leave does not adversely effect the on-going day to day operations in the any department. Section 5. The eight (8) stewards as designated herein may be released with pay at the sole discretion of the department head or their designee, whose approval shall not be unreasonably withheld, for the purposes of grievances pre- determination hearings/meetings or when requested by an employee to have union representation when being questioned by management. Stewards may use up to an accumulative total of 200 hOurs (100 hours for the chief steward and :[00 hours for all other stewards) per year for collective bargaining, arbitration preparation and hearings_. Hours may be transferred from steward to steward, provided, the total for all eight (8) stewards does not exceed 200 hours. If the total hours used exceeds 200, then stewards may be released without pay, and only at the discretion of the department head (or designee), wxhese~pproval shall not be unreasonably withheld when releasing such City ofBoynt6n B~ach ~ '~-/B -cpo S:ca\ColBgn~Blue Final 031300 employee does not adversely effect the on-going day to day operations in any dePartment. For purposes of this Article, a supervisor who must deny a steward's request for time allowed for purposes outlined herein shall notify the steward in writing, within two days, of the reasons for the denial and when the steward can reasonably expect to be granted the time to carry out the purpose of his request. Stewards shall maintain a Union Business time-out Slip which shall be processed to show their accumulated hours used against thc l~. 200 hours per year granted '~ ~"'"' ~' ~h~ purpc:c -"-" "" ~""~ hcrc~c ~ ^ .... ~,...A. ~ th~: c. grcc,mcr,~. The form for this purpose shall be attached hereto as Appendix "A" to this agreement. Section 6. The membership of the bargaining unit shall be represented 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. R is understood that the Union representative or representatives are the official representative of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those defined herein, regardless of their position or association with the Union, shall be deemed unauthorized and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union. Section 7. There shall be created a Union Time pool. Each employee member shall be allowed to voluntarily contribute during the months of October and April, annual leave for Union business. This time may be used for Union business, including negotiations, upon request by the Union steward. A written request for the Union time pool shall be submitted to the department head or the designee in advance of the requested time off for attending conferences, seminars, and union negotiations. City ot~Bo~nt~on B~ach Il S:ca\ColBgn~Blue Final 031300 ARTICLE 8 BULLE-I'IN BOARDS Section 1; The Union shall be provided space on bulletin boards at each location so designated by the Employer 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: B. C. D. E. Notices of Union recreational and social affairs; Notices of Union elections and results of elections; Notices of Union appointments and other official Union business; Notices of Union meetings. Unionr newsletter OnTrack (may be unsigned) Section 2. All other information, including any notices containing any information other than purpose, date, time and place may be posted on such designated areas and the Union shall furnish the City Manager's office with a copy. All costs incidental to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved matedal on its bulletin board and fOr maintaining such bulletin boards in an orderly condition, Section 3. The Union shall not post endorsements for candidates who are running for office. ~2it~-of Boynfon Beach Union~ ~'-1~ 12 S:ca\ColBgn~Blue Final 031300 AR'I'[CLE 9 GRIEVANCE PROCEDURES Section 1. A grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure only after all attempts to resolve the dispute through labor management meetings has failed. The term "day" shall mean,, Monday through Friday, exclusive of holidays recognized by this Agreement. Section 2. No employee or group of employees may refuse to follow directions pending the outcome of a grievance except where safety would be jeopardized. Employees in the bargaining unit will follow all written and verbal directives, unless the employee has an objective basis to believe that his/her health and safety is threatened. Compliance with such directives will not in any way prejudice the employee's right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution 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 this Agreement. Section 3. All grievance statements of appeal and answer must be in writing. Grievances not appealed to the next higher step within the prescribed time limits will be considered settled on the basis of the last answer by management. Failure by management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to the next step. Grievance time limits may be extended by mutual written agreement of the Union and the City. Section 4. Grievance and Appeal Procedure Steps a. Employees who receive a verbal or written warnings may place a written refutation into their personnel file to dispute the verbal warning or warning notice. Should the employee not sustain an additional verbal or written warning for the same offense within 24 month of the initial warning shall not be considered toward progressive discipline_. B__,. Discipline, which is more severe than a written or verbal warning, but less severe than a four-day suspension shall be appealed through the expedited _.~ance and arbitration process. The union and management shall select a ~ity ~)f~oynt6n Beach _. Union~ 25 "/3-°° S:ca\ColBgnXBiu¢ Final 031300 panel of local South Flodda arbitrators for the term of this Agreement, who shall individually hear on a rotating basis, all pending expedited arbitration cases on scheduled dates if needed every four months. Presentation by either 'side ~shall be limited to two hours. Witnesses shall be limited to four for either party. Court reporters and/or written briefs shall not be. utilized by either party. The arbitrator shall make a final and binding ruling immediately following the hearing without explanation or the setting of' precedent. The initial steps of the grievance procedure shall apply to the expedited arbitration process_. C. Discipline that is more severe than a three-day suspension shall be appealed through the existing grievance and. arbitration process outlined below_. Step 1. Within five (5) days of the inddent or the time which the employee should have had knowledge of it, he/she may initiate a written complaint with his/her immediate supervisor dudng regular working hours. He/she may have the Union steward present the grievance to the supervisor if he/she desires. The discussion will include a description of the action requested and the basis for the request. Within five (5) days, the immediate supervisor shall respond to the employee with his/her decision in wdting. The written grievance should state the following: B. C. D. date. A statement of the grievance and the facts upon which it is based. The Articles and Sections of this Agreement alleged to have been violated. The action, remedy, or adjustment requested. The signature of the aggrieved employee and or union representative and Failure to specifically state any of the four above items (items A-D) shall be grounds for denial of the grievance, Step 2. If the complaint has not been resolved in Step i within three (3) days, the employee may appeal to Step 2 to the Division Director. Within five (5) days of receipt of the grievance, the Division Director will contact the aggrieVed employee and schedule a meeting within five (5) days to discuss the matter. The Division Director shall respond in writing within five (5) days of the meeting. Step 3. if the complaint is not resolved in Step 2 within three (3) days, the employee may, within three (3) days of the Step 2 decision, appeal to Step 3 to th~l~.epartment Director. Within five (5 days of receipt of the grievance, the ~ity~otVBoynfon BSae-h Uffo S:ca\ColBgn~Blue Final 031300 Department Director will contact the aggrieved employee and schedule a meeting within five (5) days to discuss the matter_. The Department Director or his/her designee shall respond in writing to the employee within five (5) days of the meeting. Step 4. In the event the employee is not satisfied with the disposition of the grievance by the Department Director, the employee shall have the right to appeal the decision to the City Manager within seven (7) days of the date of issuance of the Department Director's decision. Such appeal must be accompanied by the filing of a copy of the original grievance, together with a copy of all written decisions issued under eadier steps of the grievance process, along with a letter signed by the employee requesting that the Department Director's decision be reversed. The City Manager shall meet with the aggrieved em ployee and the Union representative if the Union President forwards a written request outlining the merits of such a meeting. Otherwise, the City Manager or his/her designee may schedule a meeting to discuss the grievance. Evidence not presented by the employee at such meetings shall not be considered by an arbitrator if the grievance progresses to Step 5. The City Manager or his/her designee shall render a decision in writing within ten t~n~ ..... ~-w ,,-,-~,,~ days of the appeal or the meeting. Step 5. In the event that a grievance is not settled under the foregoing steps of the grievance procedure the employee is not satisfied with the disposition of the grievance by the City Manager, and within ten (10) ........,, ,...'-'"".u days of such decision, the dispute may be referred by either party to an impartial arbitrator to be appointed by mutual agreement of the parties. In case the City and the Union are unable to agree upon an impartial arbitrator within fit'ceen (15) days after the conclusion of Step 4, then on application of either party a petition may be made to the Federal Mediation and Conciliation Service in Washington, D.C. to supply the parties with a panel of arbitrators. The parties will select an arbitrator from a panel by alternatively striking names from the panel. The remaining arbitrator shall be designated hereunder, to whom the grievance shall be submitted. Section 5. The arbitrator shall have only jurisdiction and the authority to apply and interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or change in any way the provisions of this Agreement and shall confine his or her decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/~er jurisdiction shall be final and binding on the Union, the City andthe City of Boyr{tr~n l~l~ach _. Ur~on- ~" S:ca\ColBgnXBlu¢ Final 031300 employees covered by the Agreement unless the award is contrary to existing law or public policy, or is clearly erroneous as determined by a reviewing court, Section 6. not apply. The hearing shall be informal and the strict rules of evidence shall Section 7. The arbitrator's fee and expenses shall be divided equally by the parties. [n the event of a settlement, the arbitrator's fee and expenses shall be borne equally by the parties, unless they agree otherwise. Section 8. Either party tothis Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts. of Boynton Beach U~::~-/~ o o Oil 16 S:ea\CoiBgn'~Blue Final 031300 ARTICLE 10 BASIC WORK WEEK AND OVERTIME Section I. The basic work week shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic work week and hours of work best suited to meet the needs of the department and to provide superior service to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. Task Assignment - Sanitation A. Employees shall be held responsible for satisfactory completion of a daily task assignment. B. Circumstances may arise which provent task completion within the work day. [n that event management may direct crews to complete the route(s) that Same day. C. Crews who have completed their own routes may be asked to assist on other routes in order to maintain essential service to the community. Overtime compensation for employees that work these assignments will be determined in accordance with Section 2 of this Article. Trash personnel assigned to Garbage (4-10 hour days) may leave alter working the assigned hours for that day, and if assigned to garbage for three (3) days in a work week, will be paid 10 hours each day, or the hours worked each day, whichever is greater. Personnel normally assigned to Garbage (4-10 hour days) must report to work 3 days out of the work week to retain task status, or be on approved vacation or administrative leave. If an employee assigned to garbage reports in sick for 2 days out of the work week, he/she must report in for duty on Wednesday of that pay period. If an employee is out sick for 3 days or more in a pay pedod, he/she will be paid and sick leave will-be charged based on 8 hour increments. D. All task runs shall be equalized as closely as possible, as determined by the Public Works Director; Section 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-half ames the employee's straight time rate Employees who regularly work a ten (10) hour task system assignment day shall re~/~,'v.~e ten (10) hours pay for each observed holiday. Employees who regularly City-o f~Boyriton l~ea~h U~.on - S:ca\ColBgnXBlue Final 031300 work an eight (8) hour task system day shall receive eight (8) hours pay for each observed holiday. Employees who work on a holiday shall receive compensation as provided in Article 18, Section 3. Section 3. Employees shall be required to work overtime as directed unless excused by a supervision. In the event any em ployee is required to work approved overtime, he/she shall not be requested to use annual leave nor be placed in a "leave without pay" status during the basic work week in order to compensate or offset the overtime hours worked or to be worked. Section 4. 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 1/2) times his/her basic houdy rate of pay when such callback is between the hours of 8:00 a.m. and 12:00 p.m. (midnight), and shall receive a minimum of three (3) hours at the rate of one and one-half (1-1/2) times his/her basic hourly pay when such callback is between the hours of 12:01 a.m. and 7:59 a.m. Employees Shall be paid for the actual hours worked for all; hours worked in excess of the two (2) and three (3) hour minimum. Section 5. Since the Utility Department is a seven (7)day per week continuous operation, employees will have two (2) consecutive days off after completing their regularly scheduled five day work week. In the event that an employee chooses to do so, and it can properly be scheduled, their two days off per week may be split to accommodate the needs of both the employee and the employer. Section 6. Supervisors will provide no less than two (2) hours advance notice to employees prior to the assignment of scheduled overtime, except in the case where the supervisor has determined that the scheduling of overtime is done on an immediate basis to meet the needs of the community. Section 7. For purposes of overtime computation; vacations, and the employee's personal us of sick leave shall be considered as time worked. Funeral leave, holidays, jury duty, annual military leave, family sick leave, and other absences from duty on active pay status shall not be considered as time worked for purposes of overtime computation. city- of Boyn(on B~ach ~ ~ ,.~-/3-oo Union ~' S:ca\ColBgn~Blu¢ Final031300 Section 8. S'I'ANDBY TIME -- In order to provide coverage for services during 'off-duty hours, it may be necessary to assign and schedule certain employees to standby beeper duty. 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 for work due to an urgent situation. The employee shall receive seventy five ($75.00) dollars per week for each week that they are assigned beeper duty. Section 9. FUll-time regular employees, who work eight (8) hours or more in any scheduled work day shall-have a fifteen (15) minute break twice a day - one during the first four (4} hours of work and one during the second four (4) hours period. Any employee group that would like to forgo their two fifteen minute breaks and add them on to their lunch' hour may do so upon a majority vote of the employee group. Regular employees working less than eight (8) hours in any scheduled work day shall have one fifteen (15) minute break during the scheduled work day. Generally, work breaks shall take place in the field and travel time to and from the work break site shall be inclusive of the fifteen (15) minute break. Section 10. For employees that have a scheduled lunch break, the lunch period shall start when released by your the supervisor. Employees working out in the field shall be permitted to return to their work areas (10) ten minutes prior to lunch break for clean:up. The maximum of ten (10) minutes travel time to and from the job site shall not be counted as part of'the lunch period, and stopping for personal business shall not be permitted. Employees working out in the field shall be permitted to return to their work areas at the close of the work day fifteen (15) minutes prior to punch-out times for the purpose of clean-up, paperwork preparatiOn, and putting up equipment. Sec'don 11. Employees cannot be in a work status more than seven (7) minutes prior or seven (7) minutes after regular work day unless they have their supervisoPs approval to be in a work status. Each employee must be advised of the official start and ending time of their department work day. For purposes of overtime~ the City will follow the Department of LaboPs "7/8 Minute Rule"..This rule means that an employee will not be eligible for overtime until he/she has been on the job for more than seven minutes, i.e. at the start of the Sth minute they would then receive 15 minutes at the overtime rate as outlined above. Likewise if they work 23 minutes they would be paid at 30 Cit~ o'fBoyfiton l)each .- .~-~-/~-o c~ U~on' ~a S:ca\ColBgn~Blue Final 031300 minutes overtime or if they work 22 minutes they would be paid for 15 minutes at time and a half. This procedure will also be followed if an employee reports to work late. The employee shall be marked as tardy using the same 7/8 Minute rule, for purposes of calculating payroll,~ however, an employee will be deemed "tardy" if they appear for work anytime alter the designated starting time. Any employee that is tardy, is subject to appropriate discipline. Section 12. It is understood that the clock designated by an employee's supervisor to record arrival and departure shall be the clock against which timely reporting for work is measured. If at any time, that clock is deemed inoperative, the immediate: supervisor will advise employees of the clock which will be utilized in lieu of it. Section 13. Employees assigned in wdting by their supervisor to performing work in a higher classification for twenty (20)continuous work days shall receive a 5% increase in pay or the minimum of the higher classification, whichever, is greater, retroactive to the first day of the assignment, until returned to their regular classification. Employees assigned in writingby their supervisor to perform work in a higher classification for training purposes shall perform that work without a 5% increase in pay during the first twenty (20) days of continuous work in such a higher classification. Should such training in the higher classification continue beyond twenty (20) continuous work days, the employee shall receive a 5% increase in pay or the minimum of the higher classification, whichever is greater, retroactive to the first day of the assignment, until returned to their regular classification. Section 14 Compensatory Time. The Fair Labor Standards Act (FLSA) provides that any employee of a public agency who has accrued compensatory time and requested use of this time, shall be permitted to use such time within a "reasonable period" alter making the request, if such use does not "unduly disrupt" the operations of the agency. The use of compensatory time must be pursuant to some form of agreement or understanding between the employer and the employee in conjunction with the appropriate record keeping documentation; SUPERVISORS MUST APPROVE COMPENSATORY 'I'[ME PRZOR TO I'1'S ACCRUAL [n corn pliance with the FLSA, the City will apply the following schedule for members of this bargaining unit: City of Boyn~on Beach Union S:ca\ColBgnkBlue Final 03 ! 300 Compensatory time will be used at the same rate the overtime rate would be paid. The compensatory time must be used within thirty (30) calendar days of the pay period in which it was earned. Accumulation and use of compensatory time must have the prior approval, of the employee's supervisor. Employees may not carry forward a balance after thirty (30) days. The employee must take the time or be paid within the thirty (30) days. Section :[5. A joint labor/management committee composed of an equal number of representatives from the union and management shall meet within the first six months of the ratification of this agreement to study and make recommendations on ways to minimize overtime costs and standby costs. The committee shall also meet to discuss any problems relating to the changes made in the agreement regarding this Article. ~i~Y~of Boy'ton 'Beach U~do~ 21 S:ca\ColBgn'~Blu¢ Final 031300 ARTICLE 11 SICK LEAVE Section 1. An employee shall notify his/herimmediate supervisor of his/her illness within one (1) hour al'mr before his/her normal work day begins. This precedure shall be followed for each day the employee is unable to work unless prior approval is granted by department management, wherein the employee notifies his/her supervisor of the length of time he/she will be absent. Section 2. Sick leave will be granted upon approval of the department director for the following reasons: A. Employee's health, or up to five (5) days per year for illness of immediate family member the employee's parent, spouse, or child. B. IVledical, dental, or optical treatment which 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 workers' CompenSation and which shall remain status quo during the term of this Agreement E. Sick leave pay may be paid (in cash) to an employee for extraordinary circumstances of hardship and may be granted if the employee has the amount of sick leave credited to his/her sick leave account. The sick leave cash out' may not exceed eighty (80) hours and the employee must retain a minimum of 120 sick hours on the books. Denial of sick leave pay will be made in writing stating the reasons for the denial. Section 3. 'No employee shall be enMtled to sick leave in the excess of the amount of such leave accumulated to his/her credit. Employees may accumulate unlimited sick leave.. Section 4. sick leave. An employee making a departmental transfer will retain any unused Section 5. For all employees employed as of September 30, 1991, employees (or their beneficiaries in the case of death) that have attained non-probationary status and are regular employees will have payment made for unused sick leave ~~-~ ~'~,~'-~ 22 Oity of-Boyn{on ]~each _. U~on ' S:ca\ColBgn~Blue Final 031300 at the rate of one half (1/2) of the total number of hours accumulated, not taken, upon termination in good standing, or retirement or death, . Employees hired al'mr October 1, 1991, that have attained permanent status and are regular employees will have payment made for unused sick leave at the rate specified in the table below, upon termination in good standing, retirement or death. Percent of Continuous Years of Service Accumulated Sick Leave Less than 5 full years More than 5 full years, but less than 10 full years rvlom than 10 full years, but less than 15 full years More than 15 full years, but less than 20 full years Upon retirement from City Service O% 10% 15% 2O% 3O% (Retirement shall include normal retirement, disability retirement, or early retirement as defined in the appropriate Pension Plan). Section 6. Unused sick leave may be accrued on an unlimited based on the currently scheduled work week of forty (40) hours. Employees may request and shall be covered by the provisions of the Family & Medical Leave Act. Sharing Sick Leave (1) It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick and vacation leave down to 40 hours. (2) Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or injury. C~ o~Boy~ton Beach Umon~~'~-/~-° ° 23 S:ca\ColBgn"d31ue Final 031300 (3) When there appears to be a need to sham sick leave in accordance with Section 6. A.2, bargaining unit members who are willing to contribute sick leave hours, must confirmcd through the Finance Department that the hours are available, and shall submit a Personnel Action form to the Personnel Office Human Resources Department for proper charge to their si.ck leave records. Cit37of~o3}nfon Beach Um~n 24 S:¢a\CoiBgn~Blue Final 031300 Section 7. No member shall be placed on restricted sick leave unless that employee has had a counseling session with his/her Director or Department Head. During that counseling session, the employee will be enforced informed of the reasons being considered for restricted sick leave. At that time, the employee will be given an opportunity to explain the sick leave taken, however, the Department Director shall have the sole discretion to place the employee on restricted sick leave, When an employee is placed on restricted sick leave, the employee will be notified in writing of that fact. An employee placed on restricted sick leave shall be re-evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status. Jf not re- evaluated within five (5) working days after the three (3) month period, the employee will be automatically removed from restricted sick leave. The employee shall receive a letter from the Department Director stating that he/she is being removed from restricted sick leave. Section 8. WORKERS' COMPENSATION: Whenever an employee is totally disabled from duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Workers' Compensation Act, he/she shall be entitled to full regular pay. If the period of disability is greater than 7 calendar days, the employee will be eligible to receive a sum of money up to an amount eq ual to the difference between his/her workers' compensation check and his/her normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. At the end of the three months, or sooner, the City Manager, Department Head, and Human Resources Director (or their designee's) will review the case for a determination of pay status. If continuation of the salary supplement is granted, it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to-the net take home pay. In no case will the salary supplement be extended beyond six (6) months from the date of injury. After six (6) months from date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular hourly wage, to the extent that his/her combined sick leave or vacation leave, City supplement, (if less than the full amount authorized) and worker's compensation benefits equal his/her regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check. city of ~oynt6n B~ach ~- S:ca\ColBgn~Blue Final 031300 [t is incumbent on the employee to make application for disability in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits, [f the appropriate disability plan denies the claim, the. additional City supplement benefit will be canceled. If the appropriate disability plan accepts the claim, the salary supplement will be canceled after issuance of the disability pension check or at the end of the time duration-outlined above, whichever comes first. If an em pioyee who is receiving Worker's Compensation payment along with City supplement, sick or vacation leave, is found to be working or receiving compensation for his/her services elsewhere, dudng this pedod; 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, Section 9. LZGHT DUTY -- Employees may return to work with a Light Duty Certificate and/or letter from their physician provided there is work available within the Department that would comply with the Doctor's requirements. If there is no such work available the employee will remain on sick leave status. until he/she has a full release to return to work from his/her doctor, City of Boyhton Beach ,~-/_~ -oo 26 S:ca\ColBgn~Blue Final 031300 ARTICLE 12 FU NEPAL LEAVE Section 1. Bargaining unit employees shall be granted time off with pay to arrange and/or attend funeral services in the event of death(s) in the immediate family as defined in Section 2 of this Article. Proof of death will be required. Such time off will not exceed five (5) working days for out of sate and three (3) consecutive working days for in state. At the employee's opUon, five (5) working days out of state funeral leave may be taken in two (2) segments of not less than two (2) days each, provided that all five (5) days are taken within a sixty (60) day pedod, and documentation establishing out of state travel related to the death is provided to the Human Resources Director. Section 2. For purposes of this Article, the employee's immediate family is defined as a permanent employee's husband, wife, ,son, daughter, son-in-law, daughter-in-law, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, foster parents, foster child, step-mother, or step-father or step- child. Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick leave and may not be used to trigger an overtime payment in any work period unless the employee has worked in excess of 40 hours without the funeral leave corn putation. Section 4. The City Manager may grant additional leave under this Section which shall be debited against the employees annual or sick leave time or may be granted as leave without pay. City ~f Boynt6n B~ach L~on 27 S:ca\ColBgn~Blue Final 031300 ARTICLE 13 MILITARY LEAVE Section 1. All employees in the City service who are members of military reserve units and who must attend annual training sessions are entitled to leave of absence with full pay. The City of Boynton Beach pursuant to Rodda Statute 115.07 - Officers and Employees Leaves of Absence for Reserve or Guard Training, will grant up to seventeen (17) calendar days with pay each year in order that such employees may fulfill.their military obligations. Full-time permanent employees in the City service who are called to perform military service will be granted a leave of absence without pay for such service in accordance with the provisions of Public Law 93-508, Section 2021 - Right of Re- Employment of Inducted Persons; Section 2024 - Right of Persons Who Enlist or are Called to Active Duty; reserves. City of Boyn(on Beach 28 S:ca\ColBgn~Blue Final 031300 ARTICLE 14 LEAVE OF ABSENCE Section 1. LEAVE wI-rHOUT PAY -- A regular employee may be granted leave of absence without pay for a period not to exceed one (1) year for sickness, disability or other good and sufficient reasons which are considered to be in the best interest of the City. Such leave shall require the prior approval of the Department Head, Human Resources Director and the City Manager. Employees that are on approved leave of absence without pay will be responsible for paying all of their benefits, i.e. insurance, etc. Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City service shall be considered as insufficient reason for approval of a request for leave of absence without pay. If for any other reason, leave of absence, without pay is given, such leave of absence may subsequently be withdrawn and the employee recalled to service=. All em ployees on leave of absence without pay are subject to applicable provisions of these rules, -citY""O~Bi~y~on B~ach Ul~ion ' x_ 29 S:ca\ColBgnXBlu¢ Final 031300 AR'I'[CLE 15 3URY DUTY Section 1. An employee who is legally summoned to serve on a jury or as a subpoenaed witness in a case' relevant to the City shall be permitted absence with pay for the time required from such duty. However, such paid time will not be used in the computation of any overtime for the pay period that the leave falls in unless the employee works in excess of 40 hours in the pay period Without the calculation of the jury duty time. Section 2. If-an employee is called for jury duty he/she shall promptly notify his/her immediate supervisor.within five (5) days of recei ptof the summons. Section 3. In the event a holiday shall ocCUr during the period of the employee jury duty, he/she shall receive pay for such holiday at straight time. Section 4. The employee must provide the department director with proof of jUry duty service, before compensation is approved. Section 5. Payment for jury duty will be made as follows: A. 3URY DUTY/WrrNESS FEES- All pay granted under this section must be approved by the City Manager. Leave with pay may be authorized in order that regular employees may serve required jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Human Resources Director. In order for the employee to receive their regular pay for such leave the employee must deposit the money which he/she receives for jury duty or as a witness with the City Finance Department for those days that coincide with his/her work schedule. Employees can keep only travel expense money. Employees subpoenaed as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. - City of Bo~rdon ]~ach u~~ ~-/_~-o o 3O S:ca\ColBgn\131u¢ Final 031300 ARTICLE 16 MAINTENANCE OF CONDITIONS Except as provided herein, the status quo as it pertains to conditions shall remain in effect for the duration of this Agreement. Changes to rules and regulations which reflect standing policy, past practices, management rights, minor changes, and changes which do not impact on members of this unit may be made by the City upon notification to the Union. There is no non-salary (wage or allowance) monetary benefit, except as set forth or incorporated by reference in this Agreement. Cit~of Boyr~on Beach Un~on 31 S:ca\ColB~n~Blu¢ Final 031300 ARTICLE 17 SENIORITY & LAYOFF & RECALL Section 1, For the purpose of this Contract, "seniority" shall be defined as the employee's length of continuous service with the City of 8oynton Beach. The City and the Union-recognize the value of an experienced work'force and agree that an employee's seniority shall be considered, along with the needs of the City, when affecting decisions on vacations, promotions and shifts. Section 2. prescribed 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 mom da~s f. Failure to report to the human resources office intention of returning to work within five (5) days of receipt of recall as verified by certified mail. g. Failure to report from military leave within the time Section 3. manner: Layoff and recall of employees shall be handled in the following 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 them am 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. Such layoff will be made in reverse order of seniority within the department. Senior laid-off employees of the department shall be able to displace (bump) junior department employees who are in any equivalent or lower City of Boy~t~n Beach Ur~on S:ca\ColBgn~Blu¢ Final 031300 classification for which the bumping employee is eligible for or for which he qualifies. d. Laid-off employees also shall have the right to accept the lay-off. In this connection, the laid-offemployee shall have his name placed at the top of the eligibility list for any position which becomes open, and for which the employee is qualified. The employee may pass or accept placement into any such open position for a period of one year. Employees shall have recall dghts for a period of one year from the date the lay- off took affect. Upon recall, employees shall have all seniority and benefits restored with the exception of any benefits that were cashed in during lay-off period; Employees may also chose to accept the lay-off at the time of the initial lay-off and receive a severance package of one months' wages. In this connection, the em ployee may not reapply to a position within the City for one year from the date the lay-off took affect and shall not be placed on the recall list. e. 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. f. 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 retum 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. Ci~ o~Boyr~on Beth U 33 S:ca\ColBguXBlue Final 031300 ARTICLE 18 ]OB POSTING Section 1. The City shall post, in the Human Resources Department, written promotional examinations, 10 days prior to the test date. Whenever a vacancy in the bargaining unit is to be filled, job announcements for that vacancy will be advertised internally for 10 working days. A notice shall be mailed or sent by facsimile at the time of posting, to the union. Applicants from within the City employee work force desiring to fill such a vacancy shall apply in writing by filling out the appropriate application. Test results shall be posted in the Human Resources Department and the applicable Department by social security number. Section 2. A. Certification and selection for entrance positions: The Human Resources Director as soon as feasible shall certify from the appropriate eligible list the three (3) persons whose scores stand highest thereon, giving their names and examination grades. Whenever a group-of three (3) eligibles is certified, one of the candidates must be appointed to the position under consideration. Only under exceptional conditions, as practiced under the status quo 'conditions enjoyed by this bargaining unit shall the three (3) names of eligibles be passed over. A request of this type shall be submitted in writing by the Department Head to the Personnel HUman Resources Director giving specific reasons for rejecting each of the names on the list of eligibles for the next three (3) eligibles whose standing is next highest on the list. Eligibles not selected shall be returned to the register in accordance with their respective grades~ Such eligibles shall be recertified in groups considered a total of three times and then removed from the eligible list. If more than one vacancy exists, certification will be as outlined above with one additional name added for each vacancy~ In the case of identical scores, the eligibles will be submitted as tied and_considered for one position of the three positions submitted. B. Certification and selection for promotional positions: The Human Resources Director shall as soon as feasible certify from the appropriate eligible list for each vacancy; the names and scores of the three persons who stand highest on the eligible list. Only under unusual conditions satisfactory to the appointing authority, who is the City Manager, shall the names of the eligibles be passed over. Requests to by-pass the names U~o.' S:ca'~ColBgn~d31ue Final 031300 of the three highest persons on the list shall be submitted in writing by the Department Head giving specific reasons why the persons whose names appear highest on the list should be by-passed. The Human Resources Director then shall certify the name of the next three highest on. the list to the Department Head. If all three employees are passed over under the provisions outlined in the preceding paragraph they shall be notified in writing by the Human Resources Director prior to certifications of the next three names highest on the list. Section 3. Budgeted and promotional vacancies occurring in any position within this bargaining unit will be filled in accordance with the applicable status quo provisions enjoyed by this bargaining unit. Union 35 S:ca\ColBgn~Blu¢ Final 031300 ARTICLE 19. HO! TDAYS Section 1. bargaining unit~ New Year's Day Martin Luther King, .Ir. Day President's Day Memorial Day -Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day The following holidays shall be observed for employees in the 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 pdor notice. If taken the birthday will be charged as a vacation day. Holidays are not cumulative or interchangeable. Section 2. For each observed holiday, a full-time employee shall be entitled to eight (8) hours of pay at the employee's regular rate of pay, except where employees are normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10) hours of pay. In all events, where the employee is scheduled off for the holiday, the employee shall be paid straight time for not working that holiday. In the event that an employee is scheduled on dudng a holiday, the employee shall be paid their regular rate of pay for working the holiday (at time and one-half) and shall be paid straight time for the holiday. Section 3. A full-time employee required to work and who actually works on an observed holiday shall receive time and one-half (1 1/2) their regular rate of pay for all hours worked in addition to that payment provided in Section 2. Section 4. The City will make every reasonable effort to schedule Sanitation employees assigned to the Task System off on ali holidays. Tn this connection, the Sanitation employees who are scheduled off may be scheduled to work on Wednesday of the week in which the holiday falls. ~ity of ~3oynt~n B~ach S:ca\ColBgn~Blue Final 031300 Section 5. Employees on vacation, annual military leave,' jury dub/, sick leave, funeral leave, and other absences from dub/, but on active pay status on the day the holiday is observed m u.st use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. Section 6. Holidays falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. City of Boynton Beach UniOn 37 S:ca\ColBgn~Blu~ Final 031300 ARTICLE 20 VACA'i~ON Section 1. employee: The following outlines the vacation leave policy for the 40 hour Plan A: The following language and schedule apply to all full time employees with an employment date prior to October 1, 1991. Each full time employee shall earn vacation leave at the rate of one working day per month dudng the first year of service. Each employee shall, at the end of each year thereafter, be credited with additional vacation days (accumulated in hours) for each full year of continuous service as outlined in the chart below. The number of days/hours credited per year will not increase after the 21st year of service unless the included chart is amended. Employees on initial one year probation are not eligible to take vacation for the first six months. Vacation may be accrued in accordance with the following schedule: PLAN A VACATZON ACCRUAL POLZCY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours 1 Years 2 Years 3 Years 4 Years 5 Years 6 Years 7 Years 8 Years 9 Years 10 Years 1:1. Years 12 Years 13 Years 14 Years 15 Years 16 Years City of Boynton Beach Union 12. 15 15 16' 17 18 19 20 21 22 22 22 22 22 22 24 38 96 120 120 128 136 144 152 160 168 176 176 176 176 176 176 192 - S:ca\ColBgn~Blue Final 031300 :1.7 Years 24 192 18 Years 24 19 Years 24 20 Years 24 21 Years& After 25 192 192 192 200 Vacation leave may be taken as earned subject to the approval of the Department Head who shall schedule vacations so as to meet the operating requirement~ of the Department. Employees may accrue vacation leave to a maxim um 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. Plan B: The following language and schedule apply to all full time employees with an employment date of October 1, 1991 and therearcer. Each full time employee shall earn vacation leave at the rates shown in the schedule outlined in this Section B. Each employee shall at the end of each year be credited with additional vacation days (accumulated in hours) for' each full year of continuous service as noted in the chart below. The number of days/hours credited per year will not increase after the 20th year of service unless the schedule is amended. Employees on their initial one year probation are not eligible to take vacation for the first six months of employment. Vacation may be accrued in accordance with the following schedule: PLAN B VACA'I'[ON ACCRUAL POLICY (Based on 40 hour work week) Years of Service Vacation Days Vacation Hours 1 Year 6 2 Years but less than 5 12 5 Years but less than 10 15 10 Years but less than 20 17 20 Years and after 20 48 96 120 136 160 City ot~oynton B~ach 39 S:ca\ColBgn~Bluc Final 031300 ARTZCLE 21 WAGES Section 1. All employees in the bargaining unit shall, upon ratification of this Agreement, first have their job titles, job descriptions, and wage ranges changed to reflect the DMG Study (hereinafter referred to as City Pay Plan). However, no bargaining unit employee's wage rates shall be reduced by this action and all current salaries shall be red circled and protected. In addition, employees shall receive a bonus of .005% based on their pay plan mid-range salary, times years of service, retroactive to October 1, 1999. The bonus may not exceed $2,500.00 per employee. Employees who are below the mid, range shall have the bonus applied to their houdy wages; Employees above the mid-range shall receive their bonus in a one-time lump sum payment check. All bonus checks shall be pensionable_. All employees, on their anniversary' date, and after receiving a satisfactory performance evaluation, shall receive a 4% base wage increase, retroactive to October 1, 1999. Such increase shall be given even if it causes his/her salary to go beyond the range maximum, Section 2. Within thirty days of ratification, a committee shall be formed, which shall include three representatives from the union and three representatives from management. The purpose of the committee shall be to address concerns relative to the City's revised job descriptions~ duties, wage ranges, classifications, etc, which employees may bring forth to the committee. Should the parties be unable to reach a jointly satisfying solution to the employees issues, the employees issues shall become the subject of the collective bargaining process for a successor contract. Section 3. Promotion/Reclassification- When an employee is advanced to a position in, a higher classificatiOn level, the employee will be placed within the appropriate classification level which will provide a daily rate increase of five percent (5%) above the annualized base salary or the new minimum, whichever is greater. Section 4. The parties agree to consult within six (6) months after ratification of this Agreement to evaluate the current performance evaluation process and to discuss improvements in that process. City of Boynt~)n B~ach 4O S:ca\ColB~n~Blu¢ Final 031300 AR'HCLE 22 SAFETY AND HEALTH Section 1. The City shall comply with all State and Federal regulations pertaining to the occupational safety of the members of this bargaining unit. Section 2. Employees in classifications/positions where it is warranted, will receive one (1) pair of safety shoes/boots per year from a list of safety shoes/boots chosen by management. 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. The employees designated to receive shoes will be allowed to chose directly from the vendor, or shall be reimbursed one hundred percent (100%) of the price of safety shoes/boots up to the following amounts: Aa B. C. D. Shoes - standard and Iow quarter $60.00 Boots $75.00 Electrical/Non-Conductive $75.00 Welders $75.00 If the employee wishes to be reimbursed, at the above scheduled rate, for the cost of safety shoes, the employees must purchase the shoes at a vendor designated by the City. The City will bid both the shoe van and a fixed store prior to designating a vendor. The employee must submit a receipt for proof and amount of purchase. This will obligate the employee to work each day in safety shoes. If these safety shoes become unsafe or unusable based upon normal work related wear and tear, the City will authorize the purchase of replacement shoes/boots for the employee. If these safety shoes become unusable based upon conditions other than normal work related wear and tear, the employee will be required to purchase, at their own expense, replacement safety shoes of a similar kind. Section 3. Those employees of the Beach Patrol who are assigned lifeguard duties will be provided adequate protection from the sun and weather by the City. The City agrees to provide masks or goggles, sunscreen lotion, bathing suits, and winter jackets as required by the departmentfor those assigned actual Beach Patrol duties. City of Boyr[ton l~leach 41 S:ca\CoiBgn~Blue Final 031300 Section 4. The City shall make available immunization shots for tetanus, and diphtheria for all members of the bargaining unit as requested on a voluntary basis. ~ity ~ Bo~yntoh Beheh U'~on ~ 42 S:ca\ColBgn~Blu¢ Final 031300 ARTICLE 23 GENERAL PROVISION Section 1. The City and the Union agree to share the cost of reproducing this Agreement in pocket size booklet form. Section 2. Except in the case of negligence or misuse all employees requested to furnish tools for their job shall receive replacement tools for tools broken in performance of the City's work provided they furnish the City with a list of their personal tools approved by their department head. Em ployees Who are assigned City provided tools, materials and items of value to perform their job, and who lose those tools, materials and items of value, shall be responsible for replacing those lost tools, materials and items of value. Tools stolen from their assigned City owned vehicle or City property Shall be replaced by the City, if there was not negligence in their loss. In the event that the employee was negligent, the employee shall be responsible for the replacement of the stolen tools. Section 3. The City shall pay the total medical, hospitalization, and dental insurance premium for all regular employees. The employees will pay the full cost of medical, hospitalization and dental insurance for their dependents. Existing, or comparable coverage with no decrease in benefits shall remain in effect for the duration of this Agreement, however, in the event that the City can provide for alternative benefit options for employees, at no additional cost to the employee, then the health insurance coverage for the employee and their dependents may be amended from time to time. Section 4. The employee shall be allowed to place wdtten responses in their personnel file and/or departmental work file when those responses relate to material placed into the personnel file which has been prepared by the supervisors (i.e. reprimands, wdtten comments). Section 5. 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 mere her shall have the right to inspect his/her own personnel records and shall have the right to make duplicate copies of his/her records at no expense. The City will purge personnel files in accordance with~appropriate Florida State Statutes. The employee file maintained by the Qit~ oFB6yfi(on l~each _. U S:ca\CoiBgn~Bluc Final 031300 Human Resources Department shall be the official file for each employee. Prior disciplinary actions, beyond a three (3) year time frame, recorded on the employee personnel file that are not pertinent to the particular action being considered, shall not be referred to in any current disciplinary action. Section 6.. Tuition Reimbursement: The City will provide reimbursement for tuition and books.for any full time permanent (completed their year's probation) employee who chooses to obtain a High School degree, G.E.D. or equivalent, or who chooses to attend an accredited college or university. Except for enrollment in a G.E.D. or HighSchool Equivalency program, employees meeting this criteria will initially pay for tuition and books, and be reimbursed by the City upon presentation of dOcumented completion of the course. The employee who attains a grade of "A" or better will receive 100% reimbursement; a grade of "B" or better, 75% reimbursement; or a grade of "C" or better, 50% reimbursement of the tuition and books for the course. In the event that the course is a mandatory pass/fail course, a grade of "passing" shall be treated the same as a "C". Employees will receive no compensation for a grade below "C". Employees who wish to enroll in a G.E.D. or High School Equivalency program may, upon the submission of appropriate registration materials, be advanced by the Rnance Department, a check for the cost of registration and books. Courses must lead to a degree in the field of discipline that may, in the opinion and with the approval of committee, enhance the member's performance in their department. The committee to review the validity of the course and degree program for which the reimbursement is applied will be made up of the employee's Department Head, and the Human Resources and Rnance Directors or their designees. Approval for participation in the. reimbursement program must be made prior to enrolling in the course~ The committee Will forward the recommendation to the City Manager who will have the final approval for payment. Employees are eligible for a maximum of $750 per fiscal year on a first come first served basis, but in no case will reimbursement funds be approved that exceed the budgeted allowance. This benefit will not be retroactive and will only cover classes taken in the fiscal year applied for. City of Boyfiton Beach S:ca\CoiBgn~Blu¢ Fin~ 031300 ARTICLE 24 SAVINGS CLAUSE Section 1. If any article or section of this Agreement should be found invalid, unlawful or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. City of Boyr~on B~ach .-~-/...~-~9o 45 S:ca\ColBgn~Biue Final 031300 ARTICLE 25 DUES DEDUCT[ON Section 1. Employees covered by this Agreement may on the prescribed form, authorize payroll deduction for the purpose of paying LOCAL 1227 dues. Employees shall receive copies of the form from their Union office, Section 2. The Union will initially notify the City as to the amount of dues. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues will be similarly certified to the City and shall be done at least one (1) month in advance of the effective, date of such change. To-revoke the payment of Union dues, the employee shall go to the Union office and Union staff shall prepare and mail notice of such change to the City's Rnance Department. Section 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 of the month;, The Union will indemnify, defend and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduction of Union dues. Section 4. For the purpose of putting this article into effect, the Union will furnish forms for such individual authorization reading as follows: Ci't~ of~oynion Bc'a~:f, u~~-/~ ~--o o 46 S:ca\ColBgnkBlu¢ Final 031300 NOT[CE TO EMPLOYER AND UNION AUTHORIZATION FOR DEDUC'I'[ON/DISCONT[NUAT[ON OF UNION DUES I hereby authorize my employer to deduct from my salary each pay period my Union dues, 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 ! may revoke it at any time by giving my employer and the Union thirty (30) days advance notice in writing. Date Signature .]ob Title Name Printed Social Security No. City of Boynf'on Beach Uni~~//~-/-R-oo 47 S:ca\ColBgnkBlu¢ Final 03 i 300 AR~CLE 26 PENSION Section 1. Employees will continue to participate in the employees pension plan of the City of Boynton 8each Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. City of Bo~,nfon Beach 48 S:ca\ColBgn~Blue Final 031300 ARTICLE 27 DURA'I'[ON Section 1. This Agreement shall become effective on ratification by both parties as prescribed by Chapter 447, Florida Statutes and remain in full force and effect until September 30, 2000. Either party shall notify the other in writing not prior to March 1, 2000, expressing a desire to negoUate a new collective bargaining unit. If not notified by May 1, 2000, the current contract language shall remain in effect until the next fiscal year. IniUal proposal and negotiations shall commence within sixty (60) days from receipt of notice by either party. City-of BoUght'on B~ach u~~''~-/~ '~'-~ ~ 49 S:ca\ColBgn~Blu¢ Final 031300 ARTICLE 28 UNIFORMS Section 1. The City will issue a newly-hired employee the following properly fitted standard industrial quality uniforms thirty (30) days after starting work: 5 Green short-sleeve or long-sleeve work shirts 5 Green work pants 5 Tee Shirts Section 2. Employees have been furnished a uniform and must wear their uniform to work. Bargaining unit members are being given a sufficient number of uniforms to make a neat, dean appearance at work every day. Bargaining unit members will not be allowed to start work each day unless they are in full uniform. Employees must purchase additional uniforms if necessary to comply with this Section unless the uniform is replaced pursuant to Section 6 of this Article. Section 3. Bargaining unit members agree to maintain the uniforms and to hem the pant leg(s) properly. (There will be no cutting or ripping of raw, unfinished edges, rolling up, stapling or scotch taping.) Section 4. The City Manager, in his/her sole discretion, may permit employees in certain classifications to wear shorts. When worn, shorts must be neatly tailored from the uniform pants .and hemmed without frayed edges or cuts, and must fall within four (4") inches of the kneecap. Dudng the term of this agreement and thereafter, the City Manager in his/her sole discretion may change the decision made under this Section and the Union agrees to waive any bargaining over such changes. Section 5. Bargaining unit members will be entitled to a reissue of properly fitted standard industrial quality uniforms. Reissue of uniforms on an annual basis consists of 5 work pants and five work shirts, with an option of five T-shirts for every work shift. CThis option is determined by the employee's needs.) Section 6. Uniforms destroyed or damaged while being worn on the job will be replaced provided a memo outlining the cause of the damage is provided. All issues being replaced must. be turned in for the new issue and recorded. Section 7. Bargaining unit members agree that they will not wear the uniforms any-other place except to and from work, and at work. City uniforms are not to City of BoyntOn Beach : S:ca\ColBgn~Blue Final 031300 be worn on'outside jobs, to be given to non-city employees, or worn in any public Places that serve alcoholic beverages. City of-Boyn'(on B~ach S:ca\ColBgn'xBlue Final 031300 ARTICLE 9 SUBSTANCE ABUSE Section 1. The NCFO, LOCAL 1227 recognizes and supports the City's Drug Free Workplace Policy as adopted in Ordnance No. 92-5! and will work with the City to enforce the provisions of the policy. It is recognized by the Union that the City's Drug Free Workplace Policy applies to all members of this bargaining unit. City of Boynton Beach 52 S:ca\ColB~n~Blue Final 031300 ARTICLE.~n 30 MANAGEMENT RIGHTS Section 1. Except -- and only to the extent -- that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The parties to this Agreement hereby agree that, in construing this section, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the powers and authority which the City has not abridged, delegated or modified by this Agreement are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: A. To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects including the dght to determine whether goods or services are to be made, provided or purchased and to decide the design and maintenance of the departments, facilities, supplies and equipment. B. To maintain economic stability. C. To change or eliminate existing methods of operation, equipment, or facilities and to adopt and implement technological changes or improvements including, but not limited to, vehicles, and all other materials or supplies.. D. To determine the methods, income and personnel by which such operations are to be conducted including the right to contract and sub-contract existing and future work. E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay- off, schedule, and determine the qualifications of ali employees. [2itY of Boynt6n Beach 53 S:ca\ColBgn~Blu¢ Final 031300 F. To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for just cause. G. To determine the organization of City government. H. To determine the purpose and extent of each of its constituents, departments and positions therein. I. To set standards for service to be offered to the public, and standards for the performance of duties of job assignments, .1. To manage and direct the work of'the employees of the City, including the right to assign work and overtime, K. To establish, determine, implement and maintain effective internal security practices. L. To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. M. To determine lunch, rest periods, and clean-up times, the starting and quitting time, and the number of hours to be worked. Work schedules will be posted, and will not be altered in the midst of normal pay periods, N. To adopt or enforce cost or general improvement programs'. O. In a civil emergency, to use personnel in any lawful manner. Section 2. If, in the sole discretion of the City, it is determined~ that Civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tornado;- or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. Section 3. The City has the right to impose something that is unilateral in nature, and the Union has the right to object to that decision,' If the City does impose something.on a unilateral basis and the Union falls to object to that decision within six (6) months, it shall be considered finally imposed. City ofBoYnton l~¢ach ~// ~-! ~-o 0 54 S:ca\CoiBgn~Biu¢ Final 031300 ARTICLE 31 PROBATIONARY PERIOD Section 1. Ali newly hired or rehired employees shall be subject to a probationary period of-one (1) year. Section 2. All promoted employees shall be subject to a probationary period of six (6) months. City of Boynton Be'ach 55 S:ca\ColBgn'~,Blue Final 031300 AR'I'ZCLE 32 BONUS DAYS INTEF, rI' The intent of this Article is to establish a wellness program designed to minimize time lost on the job and to help reduce the City's overall health insurance expenses. The City recognizes that employees occasionally suffer from injuries or illness necessitating the use of paid sick leave time off. However, this program provides incentive to reward those employees who use sick time responsibly. ACCRUAL 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 dudng the previous quarter, nor has been absent from work or on leave other than those paid leave categories recognized in this document. Bonus days shall be counted as vacation leave and subject to the provision set forth for use of vacation. City ofBoynton Be~ch S:ca\ColB~n~Blue Final 031300 56 between the respective parties through the authorized representatives of the Union and the City. NATIONAL CONFERENCE OF FIREMEN AND OILERS, SEIU, AFL-CIO, CI.C /~ess ~- ~ - - ~'~ Witness - LOCAL Trustee CITY OF BOYNTON BEACH S:ca\ColB~n'~Bluc Final 031300 Date ratified by Commission: Date ratified by Union: S:ca\colbgn~blue031300 City of Boynton Beach S:ca\ColBgnLBlue Final 031300 58