White Collar Misc. 09
ARTICLE 16
WAGES
16.10 CAREER PATH PROGRAM
The purpose of this program is to establish guidelines for a Career Path Program for non-
sworn Police Dept. personnel.
The Career Path Program is designed to accomplish a three-fold purpose and is voluntary
in nature.
A. Recognize and reward the employee through his/her training and educational
achievements.
B. Provide a career development path for the position of Crime Scene Investigator,
Community Service Officer, Criminal Intelligence Analyst and Records
personnel.
C. Promote long term dedicated employees by offering incentives, alternatives and
guidelines.
The non-sworn Skill Levels III, II and I shall be as follows.
A. Skill Level (III)
1. Time in grade: new employee to five (5) years of continuous service
B. Skill Level (II)
1. Time in grade: 5-10 years continuous service
2. Education Requirement (job related): 160 hours training courses
a. Must receive a certificate of achievement or completion from the course.
3. Average or above average performance evaluation for the past two (2)
years
4. Incentive pay increase - One pay grade / 5%
C. Skill Level (1)
1. Time in grade: 10 plus years continuous service
2. Educational Requirement (job related) 400 hours training courses
a. Must receive a certificate of achievement or completion from the course.
3. Average or above average performance evaluation for the past two (2)
years
4. Incentive pay increase - One pay grade / 5%
A total oftwo(2) pay grades / 10% of pay increase can be achieved through skill level (1)
10 plus years continuous service,.
The current Time in grade, Educational Requirements and Performance Evaluations will
be considered for those employees currently meeting the requirements for the specific
Skill Level and the Incentive pay increase adjusted appropriately.
1 t,I Lt-/ :;1
WHITE COLLAR BARGAINING SESSION OF ~, 2009 WAS TAKEN BY
DOROTHY MACK OF HR
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I 1"~ - A~ '~()l
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12.2.6 All prior discipline received by an employee shall may be considered when a new
discipline is contemplated, but not all prior discipline shall be giyen the same
weight. By way of example: The older a discipline, the less its weight. Discipline
older than 24 months may only be reviewed and not used for progressive
discipline. A pattern of discipline over a short period of time has greater weight
than sporadic discipline spread over an extended period of time.
(Ytlt
I October 7. 2009
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 work days. A work day is
based upon an emoloyees work schedule (e.g. 4 - 10 hour days. 5 - 8
hour days etc.)
f. Failure to report to the human Human f-Resources offioe Office. the
intention of returning to work within five (5) days of receipt of recall
as verified by certified mail.
g. Failure to report from military leave within the time prescribed
34.3 Layoff and recall of employees shall be handled in the following manner:
The City Manager may layoff any bmzillnil}g unit- emoloyee whenever such action
is made necessary by reason of shortaee of work or funds. the abolishment of a
oosition. consolidation of dtWartments or divisions. orivatization. reclassification. or
reorganization: however. no bargaining unit-employee shall be laid offwhile there
are temoorary. or orobationarv emoloyees servine in the same position for which the
union emoloyee is qualified. in the iudl!IDent of the Deoartment Head in consultation
with the Human Resources Director.
Whenever the layoff of one or more emoloyees shall become necessary the City
Manager shall notify the Human Resources Director. at least ten (10) days in
advance of the intended action and the reasons therefore.
The Human Resource Director shall furnish the City Manager with the names of the
employees to be laid off in the order in which such layoff shall occur. In order to
minimize the disruotion of the ooerations of the City. the order oflayoff shall be in
reverse order oftotal continuous time served in the same classification/job tWe and
within the same department. except in the case of the elimination of a deoartment or
division. in which case only the employees in the deoartment or division being
eliminated will be laid off.
66
I T A City of Bovnton Beach ------ T A SEIU Florida Public Services Union
I October 7. 2009
.
Temporarv and probationary employees shall be laid off. in that order orior to layoff
of union employees.
The City Meager 1R8"/lav eff ey Mgalar emplevee ':rheBe\'er sliea aeaeB is lRaee
BeeeSS8f)' BY reaseB ef sltertage ofwerk er mnas. tfte ahelislHBeBt ef a "esifieB er Beeaase
ef ehaBges Hi erganizatieB:~ he\':8\'er. Be re6lar em~leyee shell Be laia effwftile tftefe are
tem,pelVV. er ):3meatieRSfY em"leyees S8F\'iftg Hi tfte same "esiseB fer '."mea tfte reedar
empleyee is eH2iBle ea availahle.
WBea0':er tfte layeff af eBe er lReM emeleyees slien BeeelRe BeeeSS8r1 the City.Maaager
sitaR Betity tfte Human Resel:1fees Dife~f. at least tell (1 ()) tIa\'s iB atWeee ef tfte inteatleEl
aetieB aM tfte l't'l8Sel15 t&erefere.
The Htiman Rese:aree Direetor shall RmHsft tfte City ~4eager witft tfte Ramee eftfte
empIevt'lt'ls te he laia eff iB tfte eFEler in wliiea suell la'/eff shall eeeur. The ertier af layeff
sliall he Hi Fe';t'lfSe eraer ef tete! eaBtHmeas time se.f\'ee.
Tem~erar; sae "raBatieB8l'V 0J.'Bt)levees shall he lais eft'. Hi t&at arser f)rier tEl layoff ef
M~ar eB1;l3leyee~.
a. The City Manager may layoff.-any- employees in the bargaining-:affit
when&yer such action is made neoessary beoause of shortage of work or
funds, the abolition of a position or changes in the work f-oroe.
--- . HO'Never, no regular employee shall be laid off \yhile there are employees
with less seniority or temporary or part time or provisional or probationary
employees in the same classifioation serving in the department .....here the
layoff OC01:lfS.
e7Whenever a layoff of one or more employees becomes necessary the City
Manager shall notify the Union at least two ill.. weeks in advance of the intended
action and the reasons therefore.
b. Layoffs will be made in reverse order of seniority within the Code
G9!11l?lj<!D9~_1.2iy.i~jg]} Ql}ly_. department. Senior laid-off employees of the
ae-paflH1:€fl-Fin Code Compliance 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.
d.e. Laid off employees also shall ha'le the right to accept the layoff.. In this
connection, the laid off employee shall have hislher name plaoed at the top of
the eligibility list for any position which beoomes open, and for which the
employee is qualified. The employee may pass or aocept plaoement into any
such open position for a period of one Qlyear.
67
I T A City of Bovnton Beach . ___ ___ T A SEIU Florida Public Services Union
, I October 7. 2009
.
o.Bmployees shall have recall rights for a period of one year from the date the lay
off took affeot. Upon reoall, employees shall have all seniority and benefits
restored with the exeeption of any benefits that were cashed in du.ring layoff
period.
a.Employees may also choose to aooept the layoff at the time of the initial lay off
and reoeive a S6'/eranoe paokage of nine weeks wages. In this connection, the
employee may not reapply to a position within the City for one year from the
date the lay off took affeot and shall not be plaoed on the reealllist.
g.f. It shall be incumbent on the laid off employee --te- ensure the City has
information pertaining to his most recent address f{)r the purpose of n~eall.
h.&-Employees shall be reoalled in the inverse order of the layoff. The City shall
recall employees via a written document using the US Mail servioe. Reoallletters
shall be sent oertified, with a return reoeipt requested. Employee shall have ten
(10) business days to respond to -th& reoall letter. .^.. laid off employee who is
temporarily unable 4e- return to work due to medioal reasons shall reoeive--an
extt'lRsion of recall rights not to exeeed four (1) months.
I
68
ITA City of Bovnton Beach T A SEIU Florida Public Services Union
,
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 ofthe
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
I Agreement, are retained by the City. J.!1~ !~Kh!s_ ~e~~r'y~~ !~ !l!e_ ~ol~ ~~s.s:!:e!i.9!l_oL _ _ - i Deleted: J
the City shall include, but not be limited to, the right:
4.1.1 To detennine 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 detennine 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 technological changes or
improvements including, but not limited to, vehicles, and all other
materials or supplies.
4.lA To detennine 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 detennine the qualifications of all employees.
4.1.6 To suspend, demote, discharge, reprimand, or take other disciplinary
action against employees for just cause.
4.1.7 To detennine 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.l.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.
I 4.l.16 To iffiplemcflt at thc discretion efthe City. 6f1)' flew pelie)' City v/iae.
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.
8.0 UNION REPRESENT A nON
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
I Department Head of the designated Union officers and stewards within three ill
days of ratification of this Agreement and when any change in designation is
made thereafter. The City recognizes the right of the Union to designate one (1)
chief steward from among the four (4) City employee stewards. The authority ofa
Union steward to act on behalf of and bind the Union is implied from their
designation as Steward.
. . .
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.
,^.ccess shall not be \:ffireasonably withheld.
8.3 Union stewards will be granted paid leave to engage in collective bargaining
subiect to the limitations set forth in Article 9. 9.2. or to meet with the
representatives of the City for grievance investigation and/or consultation with
management representatives to avoid or resolve grievances. iaell:ldiRg
Labor!Maflagemerlt meetings, sl:lbject to section 9.2.
I 8.4 Union stewards may be granted paid leave and may utilize "union time pool" time
to engage in the following representative activities:
I .1_' _ _ Y0!.e_n _ ~~ _ e_m~19y~e_ !VJ1_0_ is_ ~~quJr~~L ~o _ ~ep'eit~ _ aJ _ ~ _h~~rJl]g !~Iit~e~ _ ~~ it _ _ - - -f Deleted: 11 )
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.
4. When additional Stewards or bargaining unit members are participating in"- - - -{ Formatted: Bullets and Numbering )
collective bargaining in accordance with Article 9. Section 9.2.
Members of the bargaining unit may each donate a proportionate share of the
hours necessary to fund the Union time pool. Union time pool time may be
transferred from steward to steward. Stewards may be released without pavor
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 anv department. Additional hours may be used.
with pay. when those hours are funded by "Union Time Pool" time. 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.
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.
- .
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.
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) ill stewards or bargaining unit members may participate in
collective bargaining while on duty, without loss of pay. }.dditiOJ'lal bargaining
unit members may attend while off duty or .,..heR on approved leave. Additional
Stewards or bargaining unit members may participate in collective bargaining
(present at the table) by utilizing Union Time Pool hours. or while off duty. or
when on approved paid leave.
-, ,
ARTICLE 10
10.0 UNION TIME POOL
10.1 Members ofthe bargaining unit may each donate a share of their accrued vacation
I and/or eompensatory time bank of sick leave hours (provided the member
maintains at least l20 hours of accrued time) to fund the Union time pool. The
employee's designated donation shall be deducted each October 1st during the
term of this agreement. A list of those employees donating to this time bank shall
be maintained by the Union. a copy of which will be provided to the City
Manager, Human Resources Director and Finance Director.
10.2 Union time pool time may be transferred from 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.
110.3 The City may sI~Lay _ t!t~ .!l~~ .9f ~!I~~ !i!.lle _ QfJ jf It)!l~e!fe!:~s_ ~ttg YSQ<!l.!.c.!i,ylty _oS _ _ _ - -{ Deleted: sffip J
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. Whenever the City has
scheduled a meeting at which a Union representative is required and that meeting
is cancelled. the City shall reschedule the event at the convenience of both oarties.
yLOA. _ _ I?Q!ll!t~o!l~ .!Q !l!e_l.!.njQI! !~e Y0.91 ~l!all12~ ~~l~clt~~ .Pi' .!~~ !Il!i.9!l ~~!:i!lg !~tlf1c.!l!i.9!l_ ~ ~ ~ i Deleted: ~ ]
of the agreement or any other non-work time. Donations shall be transferred from ~
the employees appropriate leave bank within thirty (30) days of the time of
donation, and each year of the 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.
1 10.6--~Time pool hours shall roll over from one year to the next.
1 I O.~ Union representation shall utilize the designated union time-out slip when using
time pool hours.
I 10.&1 Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
1 10.9.8. Union time pool hours shall be classified as paid leave from work.
.. ..,
ARTICLE 12
12.0 PROGRESSIVE DISCIPLINE
12.l 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.
12.104 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 individual's
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,
I past performance or severity of the 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.
l2.204 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 from 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.
l2.2.6 Regular employees ffiElj' respond to discipline actions of cOHlI:seling and
;\Titten reprimands by requestill:g an administrative review by the Hl:lffian
Reso1:l:fces Director. Sl:lCh reql:lest shall be made within ten (10) calendar
days of the imposition of the discipline. The Hl:lman Resol:lrces Director
shall review the disciplinw)' action in question and shall either sustain,
reyerse, or modify the disciplinary action. The Hl:lffian Reso1:l:fces
Director's disposition shall be made \vithin thirty (30) days of the
employee's request for review. The Human Resources Director's
disposition is final and not subject to further review. Verbal and written
counseling and ','{ritten reprimand will not be subiect to administrative
review by the Human Resources Director.
I 12.2.7 .Pls_ciP)~n_a!y_a~~~l!s_ [oL '!l~sE~~c!l!.c~ _oI _~e!i~~~ }l!i~~~n_d.!1E~ ~~~e! _t~~1!. ~~.>-:;, - i Deleted: 1
two (2) year period shall not be referred to or considered in any current ' i Formatted: Bullets and Numbering J
disciplinary action.
,A.II prior discipline received b',' an employee shall be eonsidered
when a new aiseipline IS contemplated. bl:lt not all prior
discipline shall be dven the same wekht. By way of example:
The older a diseipline. the less its weicht. ,A. pattern of diseipline
over a short period of time has l;reater '.veic:ht than sporadic
discipline spread over un extended period of time.
· - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i Deleted: ~ 1
12.2.8 The failure of immediate supervisors to document and/or take disciplinary
actions for misconduct, or the failure to follow the completed disciplinary
documents to Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses 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
I. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
I means: Employee behavior or actions on the part of the employee. on er-eff-the io~ _ _ - i Deleted: which 1
I 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
I telephone number within ten ( 1 OJ calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension 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
Documented faill:lfe of a sl:lpef'/isor to perform duties reql:Iired of supervisory employees
inchllding recommending and/or taking disciplinary actions when necessary.
NOTE: This chart outlines the usual progression options for repeated occurrences
of misconduct. lf serious misconduct or extreme misconduct has occurred
reviousl , there will be faster ro ressive action.
OFFENSE TYPE 1 OCCURRENCE 2 OCCURRENCE 3 OCCURRENCE
I Misconduct Written 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
, I
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 ~
I b. Absent without calling in to department within thirty (30) minutes before eRe .J ~
Iffiw:-e.f shift start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
4. lnefficiency or Incompetence
I ~ 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.
I b. Refusal or faihH'e to perform assigned duties and responsibilities.
~ Employees who receive an OVERALL "Partially Meets Standards" or "Does
Not Meet Standards" performance evaluation (rating of I 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 #iree 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 from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of
City time for such activity
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
e. Possession, use or sale of illegal drugs, alcohol or prescription medication that
alters the employee's performance on the job or any confirmed positive drug
test
f. Possession or use of alcohol while on duty; or reporting to work under the
influence of alcohol
g. Refusal to participate, if offered, in a drug/alcohol rehabilitation program
h. Refusal to submit to a City required drug or alcohol test
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 twe incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1 ST OCCURRENCE 2NV 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 free to independently determine the appropriate level
of discipline if the employee is found to have committed the offense.
I ;412.3 PROCEDURE FOR DISCIPLINARY ACTION
I TL 2A .J~~e_n _ ~I! il!1!!l_e~~a!~ ~l!R.e!yi~~~ ~~c_o_Il!~s _ ~~~r~ _ ~( c_o_n~tu~~v_e _ ~vj~~n_c~ _01- _ _ - -{ Deleted: H+ 1 ]
the need for the employee discipline, he/she becomes responsible and shall - - - i Deleted: . J
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.
I TL 2..:~ .]. _ A<!l1}i.!1i~~a!iy~ _ ~e'y~e~ _ -=- _ Ln_v~~tiga!i~!l~ _ ~f _1:!~l!-~rj'!1il!al_ 'y~oJ~ti~n~ _ _ _ - -{ Deleted: ~ J
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. Verbal
Counseling. Written Counseling and Written Reprimands will not be
subiect to administrative review by Human Resources. Administrative
investigations shall be conducted expeditiously.
I ~12.3.1 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 of the involved employee.
I 12.1.3.l12.3.3.1 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.
I 12.1.3.]J 2.3.3.2 Tp~ _ jrp.!l!.e_di~t~ _ ~lc!Q.e.!~i~~r_ _ rp~~ _ if!.i!i'!t~ _ !l_ _tb~e~:<!.ay _~ - - i Deleted: J
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.
I 12.1.3.3 12.3.3.3 A recommendation for disciplinary action may result from
the findings of an investigation. If disciplinary measures are not
recommended after the investigation, the suspension with pay
period shall not be counted as disciplinary in nature. A document
confirming a favorable determination as to the matter should be
made part of the employee's record.
VERBAL WARNING or other instructive verbal communication will not constitute
discipline and an employee is not entitled to union representation when management is
taking such action. Verbal warning or other instructive verbal communication may be
used to establish that an employee knew or should have known that performance. work
habits. and behavior is not appropriate.
I ~l2.4 TYPES OF DISCIPLINARY ACTION
I A. WRITTEN COUNSELING - Consists of the immediate supervisor warning ~h~- - - Formatted: Bullets and Numbering
employee to correct or improve performance, work habits or behavior, and -- - Deleted:
I counseling the employee on improvements expected. Written ~up~~lin~ ~e~~s_ a~ __ _ _ Deleted: C
a warning against further repetition of employee behavior. Future violations will
result in discipline up to and including termination.
I The immediate supervisor should complete a Written Counseling Memorandum.
The employee shall be required to sign the form signifying that he/she has read
and discussed the contents with the supervisor.
I The Written Counseling Memorandum shall be forwarded to Human Resources
for retention in the employee's records, with a copy provided to the employee.
.
The supervisor may request that the employee complete a written action plan to
correct the behavior. Employees may submit comments for inclusion in the
record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written
notice of reprimand to improve performance, work habits or behavior. A written
reprimand should include a complete description of the incident(s) of misconduct,
inappropriate behavior, work habits or performance which require improvements;
previous records of discussion; a time frame within which the employee must
correct or improve his/her behavior; and a warning that future violations will
result in further disciplinary actions up to and including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
forwarded to the immediate Supervisor and the management witness and
forwarded to Human Resources for retention in the employee's records, with a
copy provided to the employee. Such signature does not constitute agreement with
the contents. Employees may submit comments for inclusion in the record.
The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a specific
opportunity to review the employee's improvements relative to the discipline.
Written reprimands should be reflected on the employee's performance appraisal
I along with any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from
returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job
due to extreme misconduct or unlawful behavior, or when instances of
progressive discipline supports a suspension without pay for a specified period of
time. :\fl)' time all employee is sl:lspeflded for diseiplifle the sl:lspellsioll shall be
without pay.
I L With the written authorization of the Department Director and Human.- - - -j~~!ma!!.~: Bullets and Numbering J
I Resources, immediate supervisors have the authority to issue a suspension
without pay for three (3) two (2) working days or less.
2. All other suspensions without pay be)'olld three (3) Y,'orldllg days require prior
concurrence by Human Resources, review by the City Attorney's Office and
authorization by the City Manager's Office.
I LEmployees 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.
I LEmployees may submit comments for inclusion in the record. Written. - .. - {~~.!'!11~: Bull~~ and Numbering ]
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.
I
D. DEMOTIONS - In the context of this policy demotion consists of an employee
being involuntarily removed from a higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to such
instances, demotions may occur in some cases because of the inability to fulfill
the duties of the higher level job in a satisfactory manner; or a failure to comply
with employment conditions such as licensure or certification. In addition,
probationary employees shall be subject to demotion without the City being
required to state a reason. The probationary employees shall not have access to
any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Human Resources.
Demotions require concurrence from Human Resources, review by the City
Attorney's Office and authorization from the City Manager prior to being
I effected.
Written notification of demotions shall be provided to the employee by the
department Director. Such notices shall include the final decision, the reason(s)
for the decision, the employee's new classification title, the new pay range and
pay rate, and the effective date of the demotion. Written notifications shall also
include that future violations will result 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
I Human Resources for inclusion in the employee's record.
E. .Q!~~!~~~~ ~ J~i~l!1i~~l)~ _a_r~~,!l! ~[~l!. ~l!1P!oy~(~ j!l~~I~!lt~!:X. !e!1!1il!.a1i9!l_t~'!t~_,~ - -{ Deleted: ~ ]
severs the employment relationship. At such time all employee benefits cease, , {Formatted: Bullets and Numb~ring l
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 from the
supervisor, the Department Director shall submit the documentation to Human
Resources. Dismissals shall be effected only with the concurrence of Human
Resources, review by the City Attorney's Office and authorization by the City
Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two unsuccessful attempts to deliver the notification, then
the notice shall; be sent via US mail to the most recent address on record in the
personnel file. The recommendation shall include the following information:
1. The underlying reasons for the recommended termination
2. Documentation upon which the Department Director relied in formulating
said recommendation
3. An explanation of hislher rights to request a predetermination hearing
prior to termination taking effect and the facts that the decision to
discipline of the City Manager shall be final subject to grievance and
I arbitration as provided for in Article J15>f !I?i~ Ag!~e!l]~n!._ _ _ _ __ _ _ __ _ _ _ _ _ - -{ Deleted: -w ]
The dismissal recommendation and the City Manager's final decision shall be
placed in the employee's personnel file, and a copy shall be forwarded to the
employee and his/her Department Director. Employees may submit comments
I 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.
I RLRIGHT TO PRE-DETERMINA nON HEARING _ ---{ Formatted: Bullets and Numbering 1
..--
Prior to the effective date of any suspension without pay of three (3) days or more, or a
termination, the City shall conduct a predetermination hearing. The Human Resources
Director tmd--tfle 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
I hislher 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 theif hislher action and at the same time establish the
suspension or termination date(s) if appropriat~ l~fo!1!latioI!. gathered b~f~re.l. d.!l!i!1,g_o! _ _ ~ -{ Deleted: . ]
after a pre-determination conference constitutes part of the City's investigation or an act
of omission that can result in discipline.
I ~l2.6 EMPLOYEE APPEALS - GRIEVANCES
I ~ 12.6.1 Probationary employees shall not have the right to appeal or grieve
any type of disciplinary action.
I ~ l2.6.2 Regular employees shall have just cause appeal and grievance
rights as outlined in Article l2 of this Agreement.
12.6.3 Regular employees may appeal to an arbitrator a discipline greater than a
suspension without pay of more than one (1) work day using the same procedure
for arbitration as is set forth in Article 13. Grievance Procedures. Regular
emplovees may not grieve a one (1) day suspension.) 2.6.4 Regular emt?loy~es _ __ -( Deleted:, )
may respond to discipline actions of suspensions with or without pay of two (2) - . f~l;;d;~
workdays or more by requesting administrative review by the Human Resources ._m_.._____..____..._____.._________...___
Director. Such request shan be made within ten (10) calendar days of the imposition
of the discipline. The Human Resources Director shan review the disciplinary action
in question and shall either sustain. reverse. or modii)' the disciplinary action. The
Human Resources Director's disposition shan be made within thirty (30) days of the
employee's request for review. The Human Resources Director's disposition is final
and not subiect to further review.
~l2.7 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.
CRIMINAL CHARGES
12.8 DISPOSITION OF CRIMINAL CHARGES
When a City employee who is a member of the bargaining unit is arrested and
charged with a felony offense. the employee shall be placed on administrative
leave without pay until final disposition of the criminal charges. An employee
who is convicted of or who pleads guilty or no contest to a felony in
coniunction with a plea negotiation shall be terminated from their employment
with the City.
An employee placed on administrative leave without pay. under these
circumstances may use accrued vacation and accrued sick time during the leave
.
period. If found innocent or if the State Attorney drops the charges. not as a
result of a plea deal. the time will be reinstated.
ARTICLE 16
16.0 WAGES
I l6.1 To be determined (TBD) Effective Octeber l, 2006, 'Bargaining lffiit emplayees
shall receive a five (5) % market adju5tmeflt added to base wage.
l6.2 Effeetive :\prill, 20G7, non probationary bargaiaiag uait employees shall receive
the folloY/iag Perfoffiumee Evaluation "'lage increases added to base wage:
a. Bargaimng lffiit employees \Yhe are non prooationary lifld obtain a
performanee e','affiation score of two poiflt zero (2.0) or higher will receive
a base wage iaerease as a percent equal to their seen;), not to exceed four
t4t%:
b. Bargaimng unit emplayees whe eDt-ain a perf-ormance evaluation score
below t'Ne peint zero (2.0) will not receive a wage merease.
c. Ne merit increase will be u'Narded during the prebatioRary period.
16.3 Effective October l, 2007, bargaiRiag lffiit employees shall receive a five (5) %
market adja&tment added te base wage.
l6.1 Eff-ective .A.prill, 2GO&, Ron probatioRary bargainiRg unit employees shall receive
the follovl'iag Performliflce EvaluatioR wage increases added to base wage:
a. Bargainiag lffiit employees '""ho are non probationary aRd obt-ain a
perf-ormaRce e'/alaation score of two poiat zero (2.9) er higher ,yill reeeive
a base wage increase as a percent eqaal to their score, not to exceed f-our
t4t%:
b. Bargaining lffiit employees Viae eatain a perrormance eval1:lation score
below two point zero (2.0) will not receive a wage increase.
c. Ne merit inerease will be awarded during the probationary period.
l6.S Effcctive Oetober l, 200&, bargaining linit employees shall receive a two (2) %
market udj\istment added te base wage.
l6.6 Effective ,A.prill, 2009, non probatioH8:f)' bargaiHiHg I:lnit employees shall reeeive
the fullowing PerformaRee Evaluation wage iRereases added to base wage:
a. BargaiRing Iffiit employees who are non probationary aRd obtaiH a
performaace e',al1:latioH score of two poiat zero (2.0) or higher will receive
a base wage iaerease as a percent eqlial to the score, F10t to exceed
fOlff (1) %.
b. BargaiHiFlg l:IHit employees 'I.ho obtaiH a performance evalliatioR seore
below two poiRt zero (2.0) will not receive a wage iHcrease.
c. No merit iHcrease vlill be aV/arded dlffing the probation8:f)' period.
16.7 No employee will receiye a base wage iHcrease to a rate higher thaH the maximum
salary for the position. ,A.H employee who is at the maKimlim of the sal8:f)' range
shall receive the market adjustment increase and the PerfurmaHee Evaluation
,vage increase, if applicable, as a lump sum payment.
l6.& The April 1 Performance Evaluations and re eyaluations at each thirty (30) day
period as ol:ltliHed belo','/ shall be completed in a unbiased aHd fair manner.
Jl:Istificatiofl far all perfarmaace evall:latioR scores "exceediRg staHdards" or
"needs improvement" must have been preyiously provided to the employees being
evaluated. T!:Irough Labor/Management meetings, the UnioH and City s!:lall
continue to work on the evaluation process ia order to enSlffe pay eqliity for
employees.
16.9 Employees \'Iho receive a performaace evall:latioH ratiRg that falls below the
"Meets ExpectatioFls" level (ratiRg of less than two poiFlt zero (2.0)) shall be placed
on a PerfarmaFlee ImprO'/ement Plan. It is the responsibility of each employee to
perform at the "Meets Standards" level as a miHimlim level ofperfarmaFlce.
16.10 Proposal made on 9/9
ARTICLE 18
18.0 ST ANDBY 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 perfonn his
nonnal daily job function during offhours, due to an urgent situation. The written
directive placing an employee on standby shall specifY a starting and ending
period.
I
18.l.2 Employees placed on Stand-by who are assigned a take home vehicle aceordiRg 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 reeeive oRelD hours of pay at the overtime rate for eaeh day
or POrtiOR thereof that they are assigned standby beeper dut)~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ -{ Deleted:, J
l8.2 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, unless
that employee will still be available for callout.
18.3 No more than l4 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 hislher regularly
scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of one
and one-half (1 Yz) times hislher basic hourly rate of pay when such callback is
between the hours of 800 a.m. and l2:00 a.m. (midnight), and shall receive a
minimum of three hours at the rate of one and one-half (I Yz) times hislher basic
hourly pay when such callback is between the hours of 12:0] 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.
City to respond to union proposal
ARTICLE 20
Union al!rees to I-vear freeze on this article.
ARTICLE 26
26.0 V ACA TION
26.] Each full time employee shall earn vacation leave as follows:
Years of Service Vaeation Days Vacation Hours
. ! .xe_a~s__ lO 80 {I-...-.----.---..---.- --,
----.------------- -- -- -- -- . . - -- .- -- - --- ----.----.-- ._' " Deleted: , J
2-3 Years_l5 - l20
4 Years M ]28
5 Years l7 ]36
I 6 Years +& 144
7 Years +9 ]52
8 Years W 160
I 9 Years 2l 168
10-15 Years ~ 176
16-20 Years ~ 192
I 2l Years & After ~ - 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 I - September
30) period will be forfeited as of September 30. However, employees who have
been denied vacation shall have the excess vacation hours paid to them, at their
regular straight time rate of pay in the last pay check ofthe fiscal year.
26.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied within two (2) days 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 one (1) week of the day the request is made. Vacation requests of
two or more weeks require at least twenty one (21) calendar days' notification.
Management will approve or deny the vacation requests for two (2) weeks or
more within seven (7) days of the request.
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
I emergency cash in of vacation. Ifapproved, an employee may convert up
tO~~~1.!r~!~ ~l!s!IJ!e.:>~~PQ1ic_a!>leJ~~~s2p!:~vj~~c!. ~h~y p~y~ ~QP~l!r.:>_ _ _ __ _ - -1 Deleted: 9ll J
remaining in their vacation accrual account after the cash-in. Conversions
I must be done in increments of eight (8) hours. OBe 'llork day.
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
I leave hours cash-in will be calculated at fifty (50) % of the employee's
hourly rate. The total of vacation and sick may not exceed ninety ~O)_~ _ ~ -1 Deleted: 9 ]
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 ofthis 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
I ~_u___u______~
2J..1 .of t~is 8-~~e!l!en!._ __ _ __ _ ____ _ _ _ _ .. -- -- -. -.. -. -- -.... -. - - u u u_ Deleted: 5
- -- - - - -- - -~ - - -- ~--~~~------------------"--------
26.7 An employee who takes leave without a timely request or without approval shall
be subject to additional disciplinary action.
26.8 Union proposal
ARTICLE 27
I 27.0 BONUS ~ HOURS
27.] 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 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.
27.2 ACCRUAL
27.2.l All full time City employees covered by this policy are eligible to receive
a bonus day:of eight (8) hours for continuous attendance at ~_o!"~ ~Y~l)' _~- _ _ _ - -{ Deleted: work J
months (January - April. Mav - August. and September - December)
semi aflfll:lally aHhe completion of each six (6) mC)flth fleriod calendar
~ (Jamla!)' through June and July through December. whell ~h~ _/ - -{ Deleted: that ]
employee has not used sick time during the previous quarter, nor has been
absent from work or on leave other than those paid leave categories
recognized in this document.
I 27.2.2 Bonus day!rhours shall be counted as vacation leave and subject to the
provision set forth for use of vacation.
ARTICLE 28
28.0 HOLIDAYS Status QUO
28.1 The following holidays shall be observed for employees in the bargaining unit:
I New Year's Day Martin Luther King, Jr. Day
President's Day Memorial Day
I Independence Day _Labor Day
Veteran's Day Thanksgiving Day
Day after Thanksgiving Clffistmas Eye
Christmas Day
In addition, the employee may take his or her birthday '"ith notice to their
sl:lpervisor. Birthdays that fall on a \veekend may be taken on Friday or Monday
without prior notice. If taken, the birthday will be charged as a ','acation 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 tcn (10) hour day. In t.fiat case, they shall receive
ten (10) hOlm of pa)~ _ _ _ _ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ __ _ _ _ _ _ _ __ _ _ __ _ _ _ _ _ - Deleted: .
. When a City ebser','ed holiday falls on an employees' schedl:1led work day+- -- Formatted: Bullets and Numbering
employees will receive eight (8) hOl:lrs holiday flay at straight time.
. When aR observed holiday falls on an emflloyees nOR sche(:h:I1ed work day. it
will be treated as a floating holiday and eight (8) hOl:lrs will be added to the
employee's ','aeation leave baRk.
. Hourly rate employees must work their regular ',york days immediately before
and after the holiday in order to receive pay f-or the holiday or be in aft
authorized with Day statl:ls immediately before aRd after the holiday.
In all e','ents, where the employee is scheduled off for the holiday, tHe employee is
schedl:lled on dl:lfiag a holiday, the employee shall be paid their regular rate of pay
for working the holiday (time and one halt) Elfld shall be paid straight time for the
holiday. HOl:lfly rate employees must work their regular work days immediately
before aRd after the holiday in order to receive pay f-or the holiday or be in an
authorized 'i'/ith flay status immeiliately bef-ore 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 (1 ~) 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 from duty, but on active pay status on the day the holiday is
. ' ' ,
observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
28.5 Holidays falling on a Satl:H'day shall be observed the preeeding Friday. Holidays
falling on Sl:tflooy shall be observed the rellewing Monday.
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 of the City. Requests must be in
writing. A leave of absence without pay of up to thirty (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 by
the 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. I f 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 of these
rules. There will be no accrual of sick leave, vacation leave or seniority during a
leave of absence without pay exceeding thirty (30) days.
31.3 The City Manager, at his or her diseretien, may approve up to an additional 6
months leave of abseRee withom pay.
31.3 Bargaining unit employees, when requested by the Union, may be granted leave
for the purpose of working for the Union. Up to two (2) members may be granted Union
leave of up to eighty (80) hours. The Union will reimburse the City so there is no loss of
wages or benefits to the employee.
,
. .
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 twenty-four (24) three (3) or more work.l!ours _ _ - -{ Deleted: dftys J
~
f. Failure to report to the J-tu_l1!.a_n_ ~~e.!'2l!r~~~ Pffi~~._ ~h~ )!l~e.!1~i~!:l_oL_ _ - -{ Deleted: hwnan J
returning to work within five (5) days ofreceipt of recall as verified by - - - i Deleted: office 1
certified mail.
g. Failure to report from military leave within the time prescribed
34.3 Layoff and recall of employees shall be handled in the following manner:
The City Manager may layoff any union employee whenever such action is made
necessary by reason of shortage of work or funds. the abolishment of a position.
consolidation of departments or divisions, privatization, reclassification, or ,,; \.Viii<' f.iJ (1w
reorganization; however, no regular employee shall be laid offwhile there are
temporal)', or probationary employees serving in the same position for which the
union employee is qualified. in the iudgment ofthe Department Head in consultation
with the Human Resources Director.
Whenever the layoff of one or more employees shall become necessary the City
Manager shall notifY the Human Resources Director, at least ten ( 10) days in
advance of the intended action and the reasons therefore.
The Human Resource Director shall furnish the City Manager with the names of the
employees to be laid off in the order in which such layoff shall occur. In order to
minimize the disrup,tion ofthe operations of the City. the order oflayoffshall be in
reverse order of tota continuous time ser.ed 111 the same c1assilicatlon ami within the same department except in
the case of the elimination of a department or division, in which case only the
employees in the department or division being eliminated will be laid
off cl ari ficati on
. " ..
Temporary and probationary emplovees shall be laid on: in that order prior to layoff
of union employees.
.---------------------------------------------------------------- - - Deleted: The City Manager may layoff
a. The City Manager ftllty llty off any employees in the bargaining unit any regular employee whenever such
action is made necessary by reason of
whenever such action is made necessary beca\:lse of shortage of work or shortage of work or funds, the
funds, the abolitioR of a pesition or chaages in the work force. abolishment of a position or because of
changes in organization; however, no
regular employee shall be laid off while
However, no reg\:llar employee sha1l be laid off '..hile there arc employees there are temporary, or probationary
employees serving in the same position
with less seniority or temporary or part time or provisional or probationary for which the regular employee is eligible
eftlployees in the same classification serving in the departftlent ,'there the and available.~
~
layoff occurs. Whenever the layoff of one or more I
employees shall become necessary the i
City Manager shall notify the Human i
b. Whenever a layoff of one or more employees becomes necessary the City I
Resources Director, at least ten (10) days I
I Manager shall notifY the Union at least two .QLweeks in advance of the in advance of the intended action and the
reasons therefore.'
intended action and the reasons therefore. ~
I c. J-,_ai'~ff~ _,.~Qt ~~ _~l!tLe_ in_ !~~e!~e_ ~~d51! _01- ~e.!lio!ity _'~~~i!l_ !.h~ _l!~.!'l!:f!.l!e~'~1 The Human Resource Director shall I
furnish the City Manager with the names i
Senior laid off employees of the department sha1l be able to displace (bump) \ of the employees to be laid off in the i
junior employees who are in aft)' eq\:livalent or lower classification for which \ order in which such layoff shall occur. i
\ The order of layoff shall be in reverse I
the btimping eftlJJloyee is eligible for or for which he qHalifies by meetiHg the I ;
\ order of total continuous time served. ~ i
requirements as set ferth in the job description. ,I ~ I
II Temporary and probationary employees I
I I' i
I' shall be laid off, in that order prior to I
d. Laid-off employees also shall have the right to accept the lay-off. In this ' ' layoff of regular employees. ~ J
I'
I connection, the laid-off employee sha1l have hislher name placed at the top of IJ Deleted: ~ J
\ Formatted: Bullets and Numbering ,
the eligibility list for any position which becomes open, and for which the I
J
I employee is qualified. The employee may pass-or accept placement into any
such open position for a period of one Qlyear.
c. Employees sha1l have reca1l rights for a period of one year from the date the
layoff took affect. Upon reca1l, employees shall have all seniority aad
benefits restored with the exception of any benefits that .....ere cashed in dl:lfing
I layoff period.
f. .EJI~Q.l~y~e~ _l!l'!x. ~l~~ .s:!1~~s_e_ t~ _a~~~_t l~~ !ay.:~ff ~! !h_e _til!l~ ~f !~e)!litial J'!x.-~ -' - - i Deleted: ~ ]
off and receive a severance package of nine weeks wages. In this connection, ", ~ ,
the employee may not reapply to a position within the City for one year from 1!ormatted: Bullets and Numbering ]
the date the lay-off took affect and shall not be placed on the recall list
I f. It shall be incumbent on the laid off employee to ens\:lre the City has1"" - -0:.~r~a~~!3ullets and Num~e!~~_.J
information pertaining to bis ftlost recent address for the pHrpose of recall.
I g"".Employees shall be recalled in the inverse order of the layoff. The City sha1l1 {-.--- --..__.. ........-------............---,
.- -- !'onnatted: Bullets and Numbering I
recall employees via a written doc\:lment \:Ising the US M.ail sen'ice. Recall letters
shall be sent certified, with a return receipt requested. Employee shall have ten
(10) b\:lsiness days to respond to the recall letteL A laid off employee 'lI'ho is
teftlJJorarily l:lFlable to rerum to v..ork d\:le to medical reasons shall receive an
extension of recall rights not to exceed fel:lf (4) months,
. ' . ' .
ARTICLE 36
36.0 SAFETY AND HEALTH
36.l 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
an a1'lHlial shoe wage allowance of $190.00 fur safety sfloes,iboots payable once.
fer eaeh year of this Agreement safety shoeslboots annually. as personal
protective equipment. provided by the City designated vendor. These shoeslboots
shall only be worn for official City business. New employees who are hired after
the shoe allowance has been aaid will reeeiye a pro rated amoUl~t based Of) the
Flumber ofmsnths remaining: in the fiseal 'lear.
The City/Safety Committee will be responsible for deciding which positions
require wearing of safety shoes based on OSHA standards and recommendations.
The City/Safety Committee shall determine the type and quality of such shoes.
and shall select those safety shoeslboots which will be provided and required to
be worn.
In those cases where an individual employee is unable to be fitted properly. as
determined by the authorized vendor. the employee may purchase the safety
shoeslboots. which meet the City/Safety Committee approved type and quality.
from a different vendor. The employee may seek reimbursement of the cost of the
shoeslboots from the City. not to exceed ~ $140.00 excluding taxes. Such
reimbursement shall occur after approval of the shoeslboots by the Risk
Management Department. based upon the City/Safety Committee approved type
and quality.
Any instance where the authorized safety shoes/boots do not last the full year. will
be brought to the attention of the employee's supervisor and the Risk
Management Department. ln such an instance. the shoeslboots will be returned to
the City. The City will have the shoes/boots replaced by the designated vendor or
an additional set of shoes/boots will be purchased by the City from the designated
vendor for the employee.
~Employees who fail to wear proper safety equipment shoes/boots when
required to work are subject to disciplinary action.
. ,
The City shall previde speeialty shoes/boots as seeessary. at se eost to the
employee. sHeh as eleetrie boots or after doel:lmentatios from a physieias
indieatis(; a marlieal cosditioR exists.
36.4 The union may participate on the Safety Committee.
Employees is SasitatieR VlRe 1'lreyide Re cycle. Rear Loader and VegetatioR
serviees. aad Water Utilities employees may haye seed ef mere shees eaeh year
than the 'Nage allowasce will eover. Is this eveRt. the employee mHst presest the
'Nom shoes aad origisal reeeipts f-or shoe pMfehases iR the fiscal year totaliRg
more than the shoe "Nage allowaaee proyided is Sectios 38.2. to his sHper'lisor to
receive approval prior to the City pl:lrehasisg: the employee as aclditional pair of
shoes.
~ _Employees who are is positions designated by the Safety Committee will
reeeive a shoe wage allov/aaee of$l90.00 each year for safety shoe/boots payable once
for eaeh year of this }.greement.
The City/Safety Committee will be responsible for deeidiag v/hieh positions
reql:llre the v/earing of safety shoes based on OSH.^. staadards and
recommesclations. M~a.g_e~e!.1~ _s!1l!ll_ ~e!~f!'Rj~~ _t~~ _tl1!e_ _a!l~ _ ql!.ali!)~ _oL ~l!.c!1_ _ - - i Deleted: ]
sftees.:
.3_6..:i _ _1l.!~ _Cjry_ ~l.!'!n ~'!.~e _ ~~'!.i~a!*_ il!l~_U!liZ~!iSJ!.1 _ s_h.9~s_ .f~r_ !e.!l!f!.u~!. J1~Ql!titis1. _a.!l~ _ _ - ~ Deleted: 11
diphtheria for all members of the bargaining unit as requested on a voluntary 11
36.3 Employees who fail to wear proper
basis. safety equipment when required are
subject to disciplinary action.lI
11
The City shall provide specialty
I shoes/boots as necessary, at no cost to the
employee, such as di-electric boots or
after docwnentation from a physician
indicating a medical condition exists.lI
11
. \
~
ARTICLE 37
37.0 INSURANCE Status QUO
I 37.1 The City shall pay seventy-five per cent (75%) of the total medical insurance,
dental insurance, and vision care premiums for all regular employees. The
employees will pay the full cost of medical insurance, dental insurance, and vision
care premiums for their dependents. Existing or comparable coverage shall
remain in effect \:Intil at least September 30. 2010. for the d\:lration of this
.^.greement; however In the event the City changes benefits options for employees
after Septem:eer 30. 2009. then the health insurance coverage for the employee
and their dependants may be amended from time to time. The review and
selection of insurance coverage shall be made on an annual basis by the City. ffi
the event the City can provide f-or alternative equi',alent benefits options for
employees then the health insurance co','erage for the employee and their
dependents may be amended from time to time. In this cOlUlection, should the
employees' cost to provide dependeftt eo"erage for their dependeftts increase
more than fifteen (l5) % dw'ing any fiscal year, the City agrees to open this
:\rticle 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 jl!.s.!l!:<!.n~e advisol)' c2~i~t~l? !~_b~ 5_o_Il!P!iS~~ _oL l!n_ ~gl!aJ _l!.u!,!~e! _qL- _ - -{ Deleted: insurance
non-represented members who are appointed by the City Manager and two ill
members from each of the TGi!t ~ p~r.Kainil!.g ~I.!i!~: J.!a!g<!.il.!i!lg_u.!IitJ~p~e~l?l!.t~ti~e~ -:: _ - -{ Deleted: eily's ]
shall be designated by the Union. The final decision regarding selection of - - i Deleted: ]
coverage is reserved to the City, but the City shall strongly consider input and
recommendations from the insurance committee.
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
of the 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 from 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 ofthe 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 Uniforms will be provided annually as follows, unless otherwise indicated below:
I hppllc_a!i.9!1 J_e~~l!i~ia.!l~ _ _ _ J3_ ~~i!1~1- ~ !,~t~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -{ Deleted: ~ J
(5) 4-Shirts, 3 Pants
9ll COffiffi\:lRicatioRs 6 Shirts
I 4 Shirts
Code Enforcement 6 Shirts, 5 Pants, I Jacket (Bi .^.RB\:lally),
2 Baseball caps
I (5) 4-Shirts, 3 Pants. I Jacket (Replacement),
I Baseball Cap or Aussie Hat
I Utilities Field Inspectors 6 Shirts, 2 PaRts, 1 Jaeket (Bi .\nRl:lally),
2 Baseball caps
I (5) 4 Shirts, 3 Pants. I Jacket (Replacement).
I Baseball Cap or Aussie Hat
Plan Review Analyst a Shirts, 2 Pants, 1 Jaeket (Bi ARfmally),
2 Baseball eaps
ill 4-Shirts.3 Pants, I Jacket (Replacement),
I Baseball Cap or Aussie Hat
Sr. Plan Review Analyst ill 4 Shirts, 3 Pants. I Jacket (Replacement).
I Baseball Cap or Aussie Hat
Service Writers 6 ShiFts, ~
1 Shirts
'.Vater Q\:lality Lab TecflBieians_a Shirts, 2 PaRts, 1 Jacket (Bi .\nfmally),
2 Baseball caps
Laboratory Technicians (5) 4 Shirts, 3 Pants, I Jacket (Replacement)
I Baseball Cap or Aussie Hat
Laboratory Technicians, Sr. (5) 4 Shirts, 3 Pants. I Jacket (Replacement)
I Baseball Cap or Aussie Hat
Laboratory Field Technicians (5) 4-Shirts.3 Pants. I Jacket (Replacement)
I Baseball Cap or Aussie Hat
......', . "
I
Police Records TeeJ:mieians (; Shirts, 5 Pants
. _ _ _ _ _ ~i!~ J~sp_e~t~~~ _ ~~l!l~_l1!lit}' _ ~~ry~c~ _ Qff~e_e~s.1 J~ol~c~ _ ~rl'!l~ _ ~c_e!l~ _1.:~cP!t~ell!n~ _ ~ - - i Deleted: ~I ]
Police and Fire Department and other employees covered by this agreement. but
not listed. will be issued uniforms accordance with the Department policy. The
cost of the uniforms shall be borne by the City. Employees are required to return
uniforms to the City when they terminate employment.
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 sH<
W 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.
I 40.7 Automobile Allowance - Employees who are employed in the Development
Building and Occupational License Department, and who are regularly required to
I use their personal vehicle for City business shall receive reimbursement for actual
mileage used and recorded on a log sheet. a $490.00 monthly ear allowance.
... .-
ARTICLE 45 Status QUO
4S.g LONCEVlTY BENEFIT
4S.l Employees eligible are tllOse empleyees who:
I a._Have seeR effiIlloyed with the City eR a regular full time basis aRa centioo0us
basis fur a minimum of five (5) years
b. llave an everatl "Meets Standards: or aeeve ratiRg en the preyious employee
C'{ahlation
45.2 Empleyees will reeeiye a cash Lump Sum Bonus as follo\ys:
On the effiIlloyees fifth (5th) aftBiyersary a hlmp sum payment 0f$SOO.
OR the effiIlloyees teRth (1(}th) aRRiversary a lump sum bonus paymeflt of$1000.
OR the employees fifteenth (lsth~ annh'ersar:.~ l~~ s: b= =: 0:$~,S:
On the effiIlloyees twentieth (20 }-anRiversary a lump su~ benus payment of $2,000.
On the effiIlloyees t',venty fiftR (2Sth~ anfliversary a lump sOOl bonus payment of$2,500.
OIl tHe employees thirtieth (30th) anfliversary a lump sum bonus payment of$3,000.
On the eJDflloyees thirty ilfth (3sth}-anRiversary a lump sum benus paymellt of$3,500.
On t-he employees fortieth (<lOth) anRiversary a lump sum bonus payment of$4,000.
4-5.3 ,A.BY pay earned for Longeyity Benefits is subject to required Federal deductions.
45.<1 Employees who terminate From the City employment prior to their hire
anfli'/ersary date will net ee entitled te benefits.
dl\A" I< I ~1'I!o j
C"
Jilt'<q X
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fl~1 ~-
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/h~
<~o
(j/ /..) (-<} j-- f) ~ [. .J f 7 r JcI; if J'/ d~~ (
t ():c~(>-?j /' ) 1 ,:0 " Fro c -k-".~ 51' (~
(~-~-~ ~;. 9',J....;
UNION PROPOSALS
BOYNTON BEACH
WHITE COLLAR
7/27/09
SCANNi~ '.
,. l.. ~ '~.. !~ "\
.... .' IIiIIaa ti.uI
City Clsrk's Office
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 subiect 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 of the incident or the time which the
employee had knowledge of the 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
representati ve to discuss the matter. The Department Director shall
respond to the grievance on or before 5:00 PM on the eleventh (11th)
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
representati ve and the date filed.
e. A statement indicating the grievance is a class action grievance, when
appropriate.
f. 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
gnevance 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.
New section adding mediation step to agreement. !\l~. (j J' (I! ,~\\!
13.4.3 When a grievance/disciplinary appeal if not 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 from the pre-selected panel of
arbitrators appointed by mutual agreement of the parties.
The arbitrators shall be appointed with the understanding that the hearing
on the matter appealed will be heard within ninety (90) 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
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 from
the Federal Mediation and Conciliation Service (FMCS). The City
selected three (3) arbitrators and the Union selected 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 Hoffman
3. Ramon Fernandez 6. Tom Humphries
13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret
the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision
solely to the issue of interpretation or application of the Agreement presented.
The decision of the arbitrator on any matter within his/her jurisdiction shall be
final and binding on the Union, the City and the employee covered by the
Agreement.
When an arbitrator has been selected by the parties, the City shall have ten (10)
days from 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 of the 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
holidays recognized by this Agreement
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 of the number of hours 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-half times the employee's straight time rate.
14.3 Only hours actually worked will be counted for the purpose of calculating
overtime.
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 from 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 of B-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.
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 of the
eighth (8th) minute they would then receive fifteen (15) minutes at time and a half.
14.7 The procedure in 14.6 will also be followed if an employee reports to work tardy
or late. The employee shall be marked as tardy or late using the same 7/8 Minute
rule, for purposes of calculating payroll. An employee will be deemed "tardy" if
they appear for work up to six (6) minutes after the designated starting time and
"late" if they appear for work seven (7) minutes or more after the designated
starting time. Any employee who is tardy or late is subject to appropriate
discipline.
14.8 It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate supervisor
will advise employees which clock will be utilized for timekeeping purposes.
14.9 New section
Employees shall receive lor declinel a one-half hour or one hour unpaid lunch
period. - .
. Employees shall receive two (2) fifteen minute paid breaks each day, they may
also attach them to their one-half hour unpaid lunch period.
! Abuse of lunch periods and break periods are grounds for progressive disciplinary
, ction.
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ARTICLE 16
16.0 WAGES
16.1 Effective October 1, ~2009, bargaining unit employees shall receive a fWe f31
%-three (3) % market adjustment added to base wage.
16.2 Effective April 1, WQ+-20 I 0, non-probationary bargaining unit employees shall
receive the following Performance Evaluation wage increases added to base
wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to their score, not to exceed four
(4) %.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.3 Effective October 1, WQ+ 2010, bargaining unit employees shall receive a fWe f31
three (3) % market adjustment added to base wage.
16.4 Effective April 1, ~20 11, non-probationary bargaining unit employees shall
receive the following Performance Evaluation wage increases added to base
wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to their score, not to exceed four
(4) %.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.5 Effective October 1, ~ 2011, bargaining unit employees shall receive a two (2)
three (3) % market adjustment added to base wage.
16.6 Effective April 1, ~ 2012, non-probationary bargaining unit employees shall
receive the following Performance Evaluation wage increases added to base
wage:
a. Bargaining unit employees who are non-probationary and obtain a
performance evaluation score of two point zero (2.0) or higher will receive
a base wage increase as a percent equal to the score, not to exceed
four (4) %.
b. Bargaining unit employees who obtain a performance evaluation score
below two point zero (2.0) will not receive a wage increase.
c. No merit increase will be awarded during the probationary period.
16.7 No employee will receive a base wage increase to a rate higher than the maximum
salary for the position. An employee who is at the maximum of the salary range
shall receive the market adjustment increase and the Performance Evaluation
wage increase, if applicable, as a lump-sum payment.
16.8 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.
16.9 Employees who receive a performance evaluation rating that falls below the
"Meets Expectations" level (rating of less than two point zero (2.0)) shall be
placed on a Performance Improvement Plan. It is the responsibility of each
employee to perform at the "Meets Standards" level as a minimum level of
performance.
16.10 CAREER PATH PROGRAM
The purpose of this program is to establish guidelines for a Career Path Program
for non-sworn Police Dept. personnel.
The Career Path Program is designed to accomplish a three-fold purpose and is
voluntary in nature.
A. Recognize and reward the employee through his/her training and educational
achievements.
B. Provide a career development path for the position of Crime Scene Investigator,
Community Service Officer, Dispatchers and Records personnel.
C. Promote long term dedicated employees by offering incentives, alternatives and
guidelines.
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The non-sworn Skill Levels III, II and I shall be as follows.
A. Skill Level (III)
1. Time in grade: new employee to five ( 5) years of continuous service
B. Skill Level(II)
1. Time in grade: 5-10 years continuous service
2. Education Requirement (job related): 160 hours training courses
3. Average or above average performance evaluation for the past two (2)
years
4. Incentive pay increase - 5%
C. Skill Level (I)
1. Time in grade: 10 plus years continuous service
2. Educational Requirement (job related) 400 hours training courses
3. Average or above average performance evaluation for the past two (2)
years
Incentive pay increase - 5%
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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
recei ve 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
18.5 CALL BACK PAY
Call back for Police Dept. personnel is defined as any time a non-sworn Police
Dept. employee is called into work when he/she is off duty, or when the work
time is not contiguous with his/her assigned shift. In the event of call back the
employee shall be compensated for the actual time worked, but not less than three
( 3) hours at the rate of pay one and one-half ( I Y2 ) times his or her regular rate of
pay. When a non-sworn Police Dept. employee is called back he/she will be
guaranteed a minimum of three ( 3 ) hours at time and one-half.
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COURT TIME \
A. Court time for non-sworn Police Dept. personnel will be paid at time and one-half
when the employee is not on his or her regular assignment. An employee on court
time will be compensated a minimum of three (3) hours at time and one-half.
Any non-sworn Police Dept. personnel who has been instructed to remain on standby for
court appearance purposes during the employee's off-duty hours shall be paid
one-half the straight time hourly rate for each hour on standby up to a maximum
of eight (8) hours of standby duty in anyone day. A minimum payment of one ( 1 )
hour straight time shall be paid for all standby assignments. When an employee is
required to stand by for eight (8) hours, the employee shall receive four (4) hours
plus one ( 1 ) additional hour at straight time. If an employee does go to court
he/she will be paid for the court time indicated in Section A and not receive
standby time pay.
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 from ratification of this agreement
Discussion of certification pay
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.
Discussion on training duties
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 I - September
30) period will be forfeited as of September 30. However, employees who have
been denied vacation shall have the excess vacation hours paid to them, at their
regular straight time rate of pay in the last pay check of the fiscal year.
26.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied within two (2) days 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 one (1) week of the day the request is made. Vacation requests of
two or more weeks require at least twenty one (21) calendar days' notification.
Management will approve or deny the vacation requests for two (2) weeks or
more within seven (7) days of the request.
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.
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 fifty (50) % of the employee's
hourly rate. The total of vacation and sick may not exceed ninety (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 of this agreement lttO \
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. \of this Agreement.
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26.7 An employee who takes leave without a timely request or without approval shall
be subject to additional disciplinary action
26.8 A total of forty (40) hours of personal time per year will be allowed for non-
sworn Police Dept. personnel. Personal time will not be accumulated from year to
year and will not be paid out upon termination of employment. No request for
personal leave will be denied without a reasonable justification. Personal time is
to be used in the same manner as vacation.
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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
ten (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-half) and shall
be paid straight time for the holiday. Hourly rate employees must work their
regular work days immediately before and after the holiday in order to receive
pay for the holiday or be in an authorized with pay status immediately before and
after the holiday.
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 (1 '12) 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 from duty, but on active pay status on the day the holiday is
observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
28.5 Holidays falling on a Saturday shall be observed the preceding Friday. Holidays
falling on Sunday shall be observed the following Monday.
28.6 HOLIDAY CONVERSION . , . 'I ., or- ';" \....,; \: c:\ v "\
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A. Non-Sworn Police Dept. personnel may elect not to receive holiday pay as
outlined in Article 28, but instead to have the equivalent straight time holiday
hours added as a lump sum to their accrued vacation balance, (i.e. 110 hrs. for
4/ I 0 employees and 88 hours for 5/8 employees)
B. Members who sign up for this section must do so between October] st and
October] st of each contract year via memo to the Division Commander.
C. Members exercising this option for conversion will be paid only straight time for
the hours worked on the holidays.
D. Members exercising this option may use a vacation day instead of working the
holiday. The vacation hours will be paid at straight time.
E. Members leaving service with the Dept. or City who participated in the Holiday
Conversion plan will owe the City for those holidays for which they were already
compensated either through loss of vacation credits or deduction from funds due
from the City.
The City agrees that bargaining unit members' hours of work and/or work
schedule shall not be altered to avoid the payment of holiday pat or hours.
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, union business or other good and
sufficient reasons that are considered to be in the best interest of the City.
Requests must be in writing. A leave of absence without pay of up to thirty (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 by the 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 of these
rules. There will be no accrual of sick leave, vacation leave or seniority during a
leave of absence without pay exceeding thirty (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.
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 shoelboots payable once
for each year of this Agreement. Employees eligible for the shoe wage allowance
will be allowed to purchase proper safety shoes/boots and supply the receipt for
reimbursement.
The City/Safety Committee will be responsible for deciding which positions
reqUIre the wearmg 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 shoeslboots as necessary, at no cost to the
employee, such as di-electric boots or after documentation from a physician
indicating a medical condition exists.
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36.4 The City shall make available immunization shots for tetanus, hepatitis, ~ ....~Q.' ~
and diphtheria for all members of the bargaining unit as requested on a voluntary \. ~\'K\ ~
basis MEDICAL EXPENSES L;'uS-<.\\ C~ ~',V~'ee
c..- The City will provide for AIDS and Hepatitis screening in all instances where a C ~~<,
~"\ non-worn Police Dept. employee is exposed to situations/persons presenting a
biological contamination threat. Results of these tests will be kept confidential.
Any condition of disability resulting from hepatitis, Acquired Immune deficiency "~~
~ syndrome (AIDS) Tuberculosis, meningococcal meningitis or Herpes Simplex 1, ~ ~v. \:,
.) established to have been occurred in the line of duty shall be covered the same as
any other duty iniury.
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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 RESPONSffiILITIES:
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.
39.2.3.4 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.
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.
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 of the course to the
Tuition Assistance Coordinator. Courses or books that are
rejected from 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.
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
Program.
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.,
SAT, GRE, GMA T), 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.
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% of the 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 from 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
39.1O.1Management, at all levels, shall be responsible for enforcing this policy
within their area.
39.1O.2The 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
39.11 COLLEGE TUITION REIMBURSEMENT
The City will provide for those members who attend colleges and/or
universities an incentive of paid tuition and books based upon the grade
received for that class. The member is to pay for the tuition and books and
be reimbursed, at state college/university rates. Reimbursement rate
percentages are as follows:
"A" equals 100% of tuition and books
"B" equals 100% of tuition and books
"c" equals 50% of tuition and books
College and/or university programs must be initially approved by the City
Manager and must be a part of a program leading to an acceptable
Associates, Bachelor or Masters degree with a curriculum directly related
to the position/field of that employee.
For non-sworn Police dept. personnel, the Chief will make a
recommendation to the City manager who will have final approval for the
courses. degree program and payment.
The City shall pay tuition and books reimbursement even if a course is not
part of a program leading to a degree providing that the course is iob
related and approved by the City manager prior to registration of said
course.
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
of the 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 from 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 Uniforms will be provided annually as follows, unless otherwise indicated below:
Application Technicians 6 Shirts, 2 Pants
911 Communications 6 Shirts
Code Enforcement 6 Shirts, 5 Pants, 1 Jacket (Bi-
Annually), 2 Baseball caps
Field Inspectors 6 Shirts, 2 Pants, 1 Jacket, (Bi-
Annually), 2 Baseball caps
Plan Review Analyst 6 Shirts, 2 Pants, 1 Jacket (Bi-
Annually) 2 Baseball caps
Police Records Technicians 6 Shirts, 5 Pants
Service Writers 6 Shirts, 5 Pants
Water Quality Lab Technicians 6 Shirts, 5 Pants, 1 Jacket (Bi-
Annually), 2 Baseball caps)
Fire Inspectors, Community Service Officers, Police Crime Scene Technicians
and other employees covered by this agreement but not listed will be issued
uniforms accordance with the Department policy. The cost of the uniforms shall
be borne by the City. Employees are required to return uniforms to the City when
they terminate employment.
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 six
(6) 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.
40.8 UNIFORMS
The City will bear the cost of cleaning ten ( 10) issued uniform pieces per week
for the contract year for non-sworn Police Dept personnel (Crime Scene
Investigators and Community Service Officers Only). The City shall notify those
employees that are eligible, to take their uniforms only to the approved dry
cleaning establishment in Boynton Beach selected by the City.
ARTICLE 52
52.0 DURATION
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, ~
2012. 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, 2009 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 , ~2009by and between the respective
parties through the authorized representatives of the Union and the City.
I Citv Proposal
Jllb' 2009
ARTICLE 22......................................... ..........................................................................
22.0 WORKING IN A IDGHER CLASS .................................................................. 53
ARTICLE 23 ........ ... ................................................................................. ........... ......... 54
23.0 SICK LEA VB....................................................... ............... .............................. 54
ARTICLE 24 ...... .......... ........... ..................................................................................... 57
24.0 WORKERS COMPENSATION........................................................................ 57
ARTICLE 25 ................................................................................................................ 58
25.0 LIGHT DUTy.................................................... ............. .............................. ....58
ARTICLE 26 ................................................................................................................ 59
26.0 VACATION ...................................................................................................... 59
ARTICLE 27 .... ................................................................ ............................................61
27.0 BONUS DAYS ................................................................................................. 61
ARTICLE 28 ................................................................................................................ 62
28.0 HOLIDAYS .......... ...... ................................ .......... ............................................ 62
ARTICLE 29 .......... ...................................................................................................... 64
29.0 COMPASSIONATE LEAVE.................... ............................... ........ ........ .... .....64
ARTICLE 30 ................................................................................................................ 65
30.0 MII..ITARY LEAVE...... ................... .............. ....... ............ ....... ................... ......65
ARTICLE 31 ......... ....................................................................................................... 66
31.0 LEAVE OF ABSENCE........................................... ............... ...........................66
ARTICLE 32 ................................................................................................................ 67
32.0 UNAUTHORIZED ABSENCE......................................................................... 67
ARTICLE 33 .,. .................. ..................... ...................... ............. .............. ...... ......... ......68
33.0 JURY DUTy..................................................................................................... 68
ARTICLE 34 ...... .......................................................................................................... 69
34.0 SENIORITY & LAYOFF & RECALL.............................................................. 69
ARTICLE 35 ..................... ......... .................................................................................. 72
35.0 RECRUITMENT AND SELECTION ..................................................................72
ARTICLE 36 ... ............................................ ....................................... .......................... 76
36.0 SAFETY AND HEALTH.................................................................................. 76
ARTICLE 38 ................................................................................................................ 79
38.0 PERSONNEL FILES..................................................... ................................... 79
ARTICLE 40 ................................................................................................................ 87
40.0 GENERAL PROVISIONS.......................................................... ......................87
ARTICLE 44 .... ........................................... ................................ .................................93
44.0 PROBATIONARY PERIOD...................................... ....................................... 93
ARTICLE 45 ............ .................................................................................................... 94
45.0 LONGEVITY BENEFIT ................................................................................... 94
ARTICLE 46............................................................................................................... 95
46.0 BONUS IN"CREASES ....................................................................................... 95
ARTICLE 47 ........... ..................................................................................................... 96
47.0 LABOR-MANAGEMENT................................ ................................................96
ARTICLE 48 ............. .................................................................. .................................97
48.0 SA vmGS CLAUSE..................................... ....................................................97
ARTICLE 49 ........ .............................................. ..........................................................98
49.0 MAINTENANCE OF CONDmONS ....... ........................................................ 98
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I TACit) of Boynton Beach____u_ T A SElU Florida Public Services Union CTW. CLC
I
ARTICLE 50 ................................,.,. ..,.., ........ . .... ... ,... 99
50.0 POSTIN"G OF AGREEMENT,.. ., . ..... .,99
AR TI CLE 5 1 .................................,........... ..", "" . .' ...... - . . ,100
51.0 COLLATERAL DOCUMENTS...,.,.., .. ....... ,100
ARTICLE 52 ...............,..... ..,. . ........... .... ..,.... . ........,. .......... ..' , ...... 91
52.0 DURATION..,........... ." .. . . .... .". . . . ,-,., . 101
4
II A (Itl of B()ynt()[ll?eeJ<::h I A SEIU FIonda PublIc ~el}l~eS lJI1IQ1! (TW (U.
I City Proposal
Jut} 2009
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".
I ..- The general purpose of this Agreement is to set forth tenns and conditions
of employment and to promote orderly and meaningful labor relations for the
mutual benefit of the City of Boynton Beach in its capacity as an employer, the
employees, and the citizens of Boynton Beach. The parties recognized that the
best interest of the community and the job security of the employees of the
City depend upon the City's success in establishing_and maintaining
~ffective, proper and superior service to the community.
1.2 The parties agree that nothing in this agreement shall prohibit the parties from
meeting and discussing any items of mutual interest in accordance with the law.
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I I..~_i:i!Y of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC
I
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
bargaining unit described below for the purpose of bargaining collectively with
the City relative to wages, hours, and terms and conditions of employment of the
pubic employees within the bargaining unit.
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.
6
I I A ('It\ of BoyntQQ Be;lch T A SEI U Florida Public Sef\H,;eS lJ IlIon CTW, ( Ll
I ~lt\ Proposal
Juh JQQ2
ARTICLE 3
3.0 RIGHTS OF EMPWYEES
3.1 The employees in the bargaining unit shall have the right to join or assist the
Union or to refrain from 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 URiOR repr-eseBtative to bel preseBt ~.vheB they bellie-ve a
meeting ".;rnth. a supocvisar may lead to diseussioBS "..vhieh. oottld form the basis of
diseipliBary aetioB.
Employees may reques( a Union re,Qresentative_to be present _when _ the
employee is subiect to an investigatory interview and the employee_ has a
reasonable belief that discipline _Of other adverse consequences_may _result
from what he or she says,
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I I A City of Bovnton Beach ______ TA SEW Florida Public Services Union CTW. CLC
I
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
I 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 technological 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.
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.
8
I I A (')t) oll3QY ntOl)B~ach fA SEIU HOfu,ia PUbltl ~t.:ng;~~ UIUQJI~' IW t U
I ~Ity PTllPosal
JublQ09
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.
I '"LL l~ To implement at the discretion.of the _City,.lillY-Dewwlicy City-wide,
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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ITA City of Boynton Beach . T A SEW Florida Public Services Union CTW. CLC
I
ARTICLE 5
5.0 STRIKES
5.1 The National Conference of Firemen and Oilers, SElU, 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 of this Article.
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I IA Cit1 9[ B()Y!1WIlfl<:1;!(;h I A SEIU Honda PublIc SgI)ICGS UnIon CTW, CLt
I <,: itv Proposal
Juh2009
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.
I 6.3 The parties agree that tbis ~'\rtiele is ROt subject to gOtYl8fiOO or arbitratioB.
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I T A City of Bovnton Beach ---~- TA SEW Florida Public Services Union CTW. CLC
I
ARTICLE 7.0
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.
12
I [ A (.'Ill QfI.39Y!!tQ!!J3e~~!l 'fA SElU Flondci Pubhc ~ef\l(;t<~ l)IliQn CTW (U
I City Proposal
July 2009
ARTICLE 8
8.0 UNION REPRESENTA nON
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
I Department Head of the designated Union officers and stewards within three W
days of ratification of this Agreement and when any change in designation is
made thereafter. The City recognizes the right of the Union to designate one (1)
chief steward from among the four (4) City employee stewards. The authority of a
Union steward to act on behalf of and bind the Union is implied from 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.
I l'..-eeess shall not be WlfeaseB8:bly withheld.
8.3 Union stewards will be granted paid leave to engage in collective bargaining
subject ,to.. the . limitations . set. forth i.!L.ArticJe ~ .9.2, or to meet with the
representatives of the City for grievance investigation and/or consultation with
management representatives to avoid or resolve gnevances., including
LaborlMaBagement meetings, subjeet to section 9.2.
8.4 Union stewards may be granted leave and may utilize "union time pool" time to
engage in the following representative activities:
I
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.
4~ When additional Stewards. or bargaining unit members are. participating in
collective__. bargaining in accordance with Article 9, Section 9.2.
Members of the bargaining unit may each donate a proportionate share of the
hours necessary to fund the Union time pool. Union time pool time may be
transferred. from steward to steward. Stewards may be released without pay or
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-
gmmcd.ay. to day operations in any department. Additional hours may be used,
with pay, when those hours are funded by "Union Time Pool" time. The City
m~y.stop the use of such tim~_off if it interferes with productivity or manpower
13
I fA Cin:. of Boynton Beach .--.- T A SEIU Florida Public Services Union crW. CLC
I
1199.QS I iOW~yt;i l!l~ t:),gI Q~~ _..YJ ~lli~ii nght Oil 1 tl~, { Ii} ~. pcU t::-ha! ,1{H h
arbitrary Ll.1 ~~pnCI()lJS, it!)1 t)haIl it allQ\v lIlt: :; 'It} lLlpro~e~d IIi nlalllle'! that
deprives the employee uf IllS or her rtght of r~presef}l~JiQn
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.
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.
14
I fA ('It) (jf B()ynlQn B~i:1l,:h TA SEIU Flonda PublIc SCJ"\lces UniQn (T\V CU
I ~jtv Proposal
Jllb 2009
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. Adaitioftal h&r'gaiaiRg
unit members may atteOO ~.vhile off duty or when on. approved leave. Additional
Stewards or bargaining unit members may participate in collective bargaining
(present at the table) by utilizing Union Time Pool hours, or while off duty, or
when on approved paid leave.
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I I A City of Bovnton Beach T A SEIU Florida Public Services Union CTW, CLC
I
ARTICLE 10
10.0 UNION TIME POOL
10.1 Members of the bargaining unit may each donate a share of their accrued vacation
I and/or oompensatory time bank of ~.I_t;.hka vehours (provided ths: lJl~JIll2~1
Illaintains ilL leascL2<Lhoul~QLaccrued. Lll11e) to fund the Union time pool. The
employee's designated donation shall be deducted each October 1st during the
term of this agreement. .Ii. I ist _of those employees donating to this time banh?bgU
be.. rnaintained..~.,..th~ JJnion,.jL~Q1lY_..9L_~bjflL wilL b~ m.Qyid~d to the ('it \
MIJD...agec HUInaIlR~~Q!JI.~_~J.Jir:ectQI.IJ.n~L fillJmfJ~ I2ilectQI
10.2 Union time pool time may be transferred from 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 umeasonably 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.
110.3 The City may stQPJj~lg): 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. Wh~tl~Y~ tlll'
CiJ): hQ,~ ~~hedJlled g m~~1!!!g.gLwJ}!~11g UnJQ!! r~QI~~~J1.<!tiy(,: !.:" Le..m1l[e.J!~mJJhat
nly_e.Jj1!gi~~ill}~e.lle9. the City shall leschedule the event at tilt: convenience '.11
bo t hp.ctnie.s
10.4 Donations to the union time pool shall be solicited by the union during ratification
of the agreement or any other non-work time. Donations shall be transferred from
the employees appropriate leave bank within thirty (30) days of the time of
donation, and each year of the agreement during the month of October.
110.5 The City shall match. the number orllmon time pool hours each year, at 50%! of
the number of hours aeeumulated by the umon.
I 1O.6--5Time pool hours shall roll over from one year to the next,
I 10.1<.) Union representation shall utilize the designated union time-out slip when using
time pool hours.
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I I A Cil~ oJ!3Q.Yl!JQI! ttci!<,;h I i\ S~JU FIQnd~(j Pubhl: Scrvl~~SUn!OII CTW, l U
I Citv Pruposal
-!!!J12009
I 1O.8} Union time pool hours shall only be used for a steward's leave from assigned
regular duties.
I 1O.9~ Union time pool hours shall be classified as paid leave from work.
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I It\. City of Bovnton Beach _ __ _ T A SEIU Florida Public Services Union CTW. CLC
I
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.
18
I I A Clt)of8oYIl!Qll~~<!~JI I A SEIU Flonda PublIc Servl~~fi 1)[llQII CTW, eLl
I \-:i1YJ'.illposal
)1IJ)').909
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 individual's
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,
I past performance or severity of the 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.
19
ITA City of Boynton Beach . TA SEIU Florida Public Services Union CTW, CLC
I
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 from 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 Regular employees may respond to discipline actions of counseling and
written reprimands by requesting an administrative re'/ievi by the Human
Resourees Director. Such request shall be made within ten (10) calendar
days of the imposition of the discipline. The Human Resources Director
shull revievl the discipliBary action in question and shall either sustain,
reverse, or modify the disciplinary action. The Human Resources
Director's disposition shall be made within thirty (30) days of the
employee's request for re'lie\v. The Human Resources Director's
disposition is final and Rot subject to further review'._-V(;JI)alflll~l \\lnU~tl
C()!JILli(:~Jing41ld \VnHel! r~m:iDJflw,J \'vill tHlI Ill' subject tll adnlilllstratih
leVle\\! hy the] hH}l(il1 Rl'sourl'l'~ J)lIcct \"
12 Disciplinary actions for misconduct or serious misconduct older
than u hvo (2) year period shall not be referred to or considered in any
current disciplinary action.
All Q!:i~)ll.jj;>_c.illJiIl~!~l:J:~i'v~d b)(!ll CI1U219):~e ::i:ltaJl be (uI!~LI)l:rl:<l
w hen a n CV\, _(,Li~_(: iDHn",' ! ~, '-llJllQl1j! L;:t1c g, but ti I' l all prll,!
-----.-----. .....
l.jis~ipJi!ll ,'?haU bSgiY~1 ibs :)'!JIIL' \\,,:lgbt. U) \\fa) i I I c,,_ 'L!lU~!c
rhs: tdd~~! a~ljii~i12Li!lt:, iDs I~~~ it~ ',\ t;lght ,\ p~ U~r n u! d i ~ L lp I tIl \
llyt,'l'l ~Il~!tu~rju~ uf (llIlS IIUc.gl\',H~1 \vl;,jglIt tl1;H1 ~,pur(ldl'
JL::?cin1illl c;J)rl:~l(1 \)\,CI aIi ,'\len.Jed jll..II\)J uf lim\.
12.2.8 The failure of immediate supervisors to document and/or take disciplinary
actions for misconduct, or the failure to follow the completed disciplinary
documents to Personnel, shall serve as grounds for disciplinary action.
EXAMPLES OF MISCONDUCT
The following types of infractions, offenses or misconduct shall represent employee
noncompliance with rules, regulations, policies, practices or procedures of the City or the
Department or employee wrongs or offenses 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.
20
I 11\ t;lty 91 Ij(JyJ1t9D 1?~'!\,;h I i'\ SEIU rlorida I'uhil< ''':i Vlll'S t Inion ( lV.' ( Ii
I c:.'it\ Proposal
Jll.!y)009
MISCONDUCT
1. Conduct unbecoming of a City employee. Conduct unbecoming a City employee
I means: Employee behavior or actions on the part of the employee, on or off the job
w/::Hffi>.- 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
I telephone number within ten ( 101 calendar days of change
c. Failure to report any outside employment
4. Abuse of departmental procedures and work rules including:
a. Failure to provide name and official title to any person requesting same when
performing work related duties
b. Habitual extension of lunch period or break period
c. Habitually late for work without valid reason
d. Smoking in prohibited areas
e. Unauthorized solicitation, posting of material or non-productive behavior
I Doeumented failure of a Sl:lpervisor to perform duties reEftlired of supervisory employees
incluEling reeommendiftg and/or taking diseijllinMy aetiofts when aeeessary.
I NOTE: This chart outlines the usual progression options for repeated occurrences
of misconduct. If serious misconduct or extreme misconduct has occurred
reviousl , there will be faster ro essive action.
OFFENSE TYPE 1 OCCURRENCE 2 OCCURRENCE 3 OCCURRENCE
I Misconduct Written Counseling Written Reprimand Suspension Without
Pa or 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
21
I TA (i!l- of Boynton Beach T A.,SElU Florida Public Services Union CTW. (LC
I
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
I b. Absent without calling in to department within lhllly (3l)} 1ll11l1.l!~S p.~lQre ene
hour of shift start time
c. Disrupting or hindering departmental operations
d. Failure to work required overtime assignments, special hours, special shifts or
unavailability during stand-by status
e. Outside employment which conflicts, interfered or otherwise hampers the
performance of the employee in their City job
4. Inefficiency or Incompetence
I [j 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.
L) RetusaJ or huJvre lu pertorm assJgIli;":d d!1tie::; anQ !~JiQQIl~it?lVtie~
<:cEmployees 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 tennination. It is the responsibility of every employee to
perform at a minimum level of "Meets Standards" {as outlined in the Incentive
Pay System Policy} .
I 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 OCCURRENCE 2 OCCURRENCE 3 OCCURRENCE
Serious Misconduct Written Reprimand or Suspension Without Dismissal
Sus ion Without Pa Pa or Dismissal
22
I fA ~ 'Jt\of B_QYlltQJ}!3~<!ch IA SEIU FIQnda Publil SCr\IC;CS LJ[ll()nl'TW CU.
I ~t\ Proposal
lilll2009
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 from the Department
Director (excluding law enforcement officers)
b. Gambling during work hours
c. Refusal to sign a disciplinary form
d. Suspension or revocation of any required job related license or certifications.
3. Abuse of departmental procedures and work rules, including:
a. Unauthorized personal use of City equipment or funds
b. Conducting personal and/or private business on City time; improper use of
City time for such activity
c. Falsifying attendance records
d. Other department rules as communicated by director or supervisor
4. Illegal, unethical or improper acts, including:
a. Theft or removal of City property without authorization
b. Falsifying employment application or concealing information during pre-
employment screening or processing
c. Soliciting or accepting an unauthorized fee or gift or failure to comply with
Chapter 112, Florida Statute
d. Giving false information or failure or refusal to fully cooperate or provide full
truthful information in City initiated investigations
23
I TA City of Boynton Beach ______J:A SEIU Florida Public Services Union CTW. CLC
I
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 ofthe public
k. Conviction of a felony (Including non-work related)
I The following chart outlines the progressive discipline options for twe incidents of
extreme misconduct. If misconduct or serious misconduct has occurred previously, there
will be faster progressive action.
OFFENSE TYPE 1:51' OCCURRENCE 2ND OCCURRENCE
Extreme or Unlawful Suspension Without Dismissal
Misconduct Payor Dismissal
24
I r A City of f3oY!ltQ!l.!3e:!ch fA ~EIU Flonda PublIc ~Gr\'I~Cli UJ!lonCTW. t u..
I Cit\ Proposal
Jllb 2009
Note: The progressive discipline steps outlined above refer to the discipline options the
City may take. If such discipline is appealed to arbitration, the arbitrator is not bound in
any manner by such options and is free to independently detemrine the appropriate level
of discipline if the employee is found to have committed the offense.
2.4 PROCEDURE FOR DISCIPLIN"ARY 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. Verbal
Counseling. Written Counseling and Written Reprimands will. not be
subiect to administrative review by Human Resources, 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 of the 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
25
I IA~HLQf Boynton Beach.. ~__.__ . T A SElU Florida Public Services Union CTW. CLC
I
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.
12.4.3.3 A recommendation for disciplinary action may result from the
findings of an investigation. If disciplinary measures are not
recommended after the investigation, the suspension with pay
period shall not be counted as disciplinary in nature. A document
confirming a favorable determination as to the matter should be
made part of the employee's record.
VERBt\L WARN1~t! YJsAh~{" W~.tLUCt)y.s: ,~rbA! Gll!IlI1.lliJJLcau.Q!1 ~1l1 Illll LWlslJll1ti:
9iscipli!l~and an ~!1.1QlP-y~~)S Pill tmitled. J~~ union J~.Q[~.s.~ntatiQIL \:VhelL m~n,!g~IJlem L~
taking such action,.y~tL'!! wArn.ing QI QtheJ"" im,truQtj~.(;' ~:~Lbal ~Q!llmUmQati..QJl maj bl
used.to establish.JhatarLgl}.mJm:~~ knew (Jj shoul.ci h~"e kn.QWllt!}g.t p.~rform.ance \\<ur).,
babil~.ill1g b~bA\,::iQ.ri~ JlQJf!PVJQPP<i1e
12.5 TYPES OF DISCIPLINARY ACTION
I ,1\ WR1.TTIiN COUNSELIN"G - Consists of the immediate supervisor warning the
employee to correct or improve performance, work habits or behavior, and
I counseling the employee on improvements expected. Wri~l~lI;Gounseling serves
as a warning against further repetition of employee behavior. Future violations
will result in discipline up to and including termination.
I The immediate supervisor should complete a Vv ri tt~11 Counseling Memorandum.
The employee shall be required to sign the form signifying that he/she has read
and discussed the contents with the supervisor.
I The Wlltten Counseling Memorandum shall be forwarded to Human Resources
for retention in the employee's records, with a copy provided to the employee.
The supervisor may request that the employee complete a written action plan to
correct the behavior. Employees may submit comments for inclusion in the
record.
B. WRITTEN REPRIMAND - Consists of an immediate supervisor issuing a written
notice of reprimand to improve performance, work habits or behavior. A written
reprimand should include a complete description of the incident(s) of misconduct,
inappropriate behavior, work habits or performance which require improvements;
previous records of discussion; a time frame within which the employee must
correct or improve his/her behavior; and a warning that future violations will
result in further disciplinary actions up to and including termination.
Written reprimands shall be signed by the employee to acknowledge receipt and
I forwarded to theimmediat.e Supervisol and t.he Hlana~.emenl wit!le~s <1I19 for\\iarded
26
I I" A ('j 1\ of .E3()YJ)JQJ).E3~ach IA SEI U Flonda PublIC ScrvlccsUmoJl CTW. ('U
I Citv Proposal
l!!t: 2009
I to Human Resources for retention in the employee's records, with a copy provided to
the employee. Such signature does not constitute agreement with the contents,
Employees may submit comments for inclusion in the record.
The employee may be required to complete a written plan for correction of the
behavior. When the written reprimand contains a time frame for employee
improvements, a follow-up discussion at the end of the designated time period
should be conducted. The follow-up discussion will provide a specific
opportunity to review the employee's improvements relative to the discipline.
Written reprimands should be reflected on the employee's performance appraisal
I along with any noted improvements.
C. SUSPENSION WITHOUT PAY - Consists of an employee being prohibited from
returning to work until the specified period of suspension has passed or the
forfeiture of vacation time, if agreed to by the employee.
Suspensions without pay shall be used when an employee is removed from the job
due to extreme misconduct or unlawful behavior, or when instances of
progressive discipline supports a suspension without pay for a specified period of
I time. Any time an employee is suspeflded for discipline the suspension shall be
without pay.
I *~ With the written authorization of the Department Director and Human
Resources, immediate supervisors have the authority to issue a suspension
I without pay for three (3) two (2).working days or less.
2. All other suspensions without pay beyond three (3) working days require prior
concurrence by Human Resources, review by the City Attorney's Office and
I authorization by the City Manager's Office.
, L.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.
I '~.1-,-_Employees may submit comments for inclusion in the record. Written
notification of a suspension shall be signed by the suspended employee
acknowledging receipt of the written notification, and forwarded to Human
Resources for inclusion in the employee's record, with a copy provided to the
employee, the Department Director, and one to the Finance Department for
payroll purposes.
D. DEMOTIONS - In the context of this policy demotion consists of an employee
being involuntarily removed from a higher level classification to a lower level
classification, with a resulting decrease in salary. Although not limited to such
instances, demotions may occur in some cases because of the inability to fulfill
the duties of the higher level job in a satisfactory manner; or a failure to comply
with employment conditions such as licensure or certification. In addition,
probationary employees shall be subject to demotion without the City being
27
I IA Cit" of Boynton Beach -----_.----..._- - TA SEW Florida Public Services Union CTW. CLC
I
required to state a reason. The probationary employees shall not have access to
any appeal process with regard to the demotion.
Immediate supervisors should discuss the potential demotion of an employee with
their chain of command and the Human Resources Department prior to a written
recommendation for demotion. The Department Director shall then submit the
written recommendation to the City Manager through Human Resources.
Demotions require concurrence from Human Resources, review by the City
I Attorney's Office and authorization from the City Manager prior to being
effected.
Written notification of demotions shall be provided to the employee by the
department Director. Such notices shall include the final decision, the reason( s)
for the decision, the employee's new classification title, the new pay range and
pay rate, and the effective date of the demotion. Written notifications shall also
include that future violations will result 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 from the
supervisor, the Department Director shall submit the documentation to Human
Resources. Dismissals shall be effected only with the concurrence of Human
Resources, review by the City Attorney's Office and authorization by the City
Manager.
A written notice of recommended termination shall be given to the employee in
person. However, after two unsuccessful attempts to deliver the notification, then
the notice shall; be sent via US mail to the most recent address on record in the
personnel file. The recommendation shall include the following information:
1. The underlying reasons for the recommended termination
28
I fA lll} of BO)}ll()IIBeqgh I'll. SEIU Flonda Public ~eniccs Umon CTW. cu.
I lJiYJ:TIwosal
J1!lY2JLQ't
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
I discipline of the City Manager shall be final subject to grievance and
arbitration as provided for in Article +G- liof this Agreement.
The dismissal recommendation and the City Manager's fmal decision shall be
placed in the employee's personnel file, and a copy shall be forwarded to the
employee and his/her Department Director. Employees may submit comments
I 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 of three (3) days or more, or a
I termination, the City shall conduct a predetermination hearing. The Human ResolHces
Direetor 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
I his/her 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 tfteit: his/her action and at the same time establish the
suspension or termination date(s) if appropriate-:-_ Information gathered before. during or
after a pre-determination conference cons~i1utesI2-art of the City's investigation or an act
of omission that can result in discipline.
12.7 EMPLOYEE APPEALS - GRIEVANCES
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 of this Agreement.
112.7.3 Regular employees may appeal to. an arbitrator a discipline greater than a
suspension without pay_of more than one ( 1) work day using the same procedure
29
I T A City of Boynton Beach ___d__ r A SEIU Florida Public Services Union CTW. CLC
I
I u r ~!J~bil!1!t it}JlCl:) 1>, :-,cl, I urtll ill tlld., j ;i H- \ allLC PI \H,.:cd II!', ' i'..;.L'lIb,
\::!Iwj())_~es_.mm' nut gric\\: d dllt' i. ! I dd,~u~j)ell:-'i' Il:
I .~LRegular employ'y..s~~ mas I ~~P~IIlJJ\j .ljI;?~!pJ!IH':~illlPll? "j ~~LW~lSrIJ1~w I U I 1,)1 \\ 1IlJtHli
pj'l)~(U)vvQJll '!..'-~2rkJa\:.s ()I.ml2r~. by. r_t;.\:ll1~~~ing'.:ldlll i III sJrati.Y..~l~\;'S~~~ b> lj I.s::J I Un@! I
j\e.~Qll.I~t::sJli.ry~J()L SlJ~h re~lu(;'';;l sl~lJl h,' lJl;Jt.k \\11ll1l1 lent I OLt:{!J~J1J,ljl1 d(i)l~ uj lh\
illlposilion.QLJh~. .I:i!;?'';1121i!!L., Thl.: UlJ!I1all B.I.:::>',1l11\.L:-- PiI:~Ltl!L _:)!mH r.lLVI i.:'\.\ lhl:
~lis<.:i p I inarYi!cti O!J In.lJl!~i'jj(.l]1 <l.!ltl ::i.h.~Ue i th el S U :-,~<!iI!.L j"~\{(.; lli~-, .11 tlmJ.',.W) lh,
disciplinary. action. I1l~JltJJ.!laJl R.~m!I(,:t;> J2ilLClll! '::cQj~J2osi t!on~ll(iUbt: 1 !.@.k
~yjlbj(1 Jbi!1r om d;l):':) uUh~ enmh2)'t>l"S 1~!:1!J~~1 Ji21 rl'-"jn~~. TQ(;' JJl)nlm1 ReSlHHCCS
Uift;l'h~I':' <ii,,[H2.;;itiOlllS linal alld not suh,iel \ tu i'urtlh:1 It'V1C\\
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.
(l~!MI~AL ('IJAg.(JJ:~
12.9 ~)l~Y~)~nJC)N 01< CRlf\IllNhL (,lJARtJL~
Whe.lU:!~!11 ~m.QJQ)el~ \:."JL~i l~ ,1 J!Jcmlle.1 ul (be hdlgaJU!llg lJIIH IS du~~t~(j ~ind
~harg.~wijb..51_ feJ~HlY ()fI~Jlse 1 Jh~ ~lllJ?lo}_~1: shall b:p.!a_l;ed .\)11 -,ldlllini~Htl!i \ l.
leay.s;.~j!DJ-lIlLlli1Y un tj1 fill<JL di~m~)1'> itj()n. () L the c rinl ilia lc:h91g.t;:), ,\ 11 s:.U1J?It) Y "l
~JlO L'if~ill.~li:;J~QH Qf or ~yho DJi:J:lf10KLl.iHy 11! Hil c(.lJH~~ t lu d I t?J() 11) III
c.9niu.ll.~ti0!1~~~iLb -'1 plea 1H::gotiation ~hall be ternJ 111ated from their ,~mplo'y mell\
yy iJh tl1_e(' it),
/~/1 elllQ Iy y eL~ vlas.~d 011 a<JllUlll~lrall, l' lea\, \\'IIlIOUI pil~ ulldel 1.111.::,(
l,:jKl:J,lHl~illbLe.::> !ll<!LlJSc; d~cnll,;J vac<:\tilHi Lind ,1utUcd >Ilh tlllll JUIUlg [he il'd\l
12l;:'rjScJ~L II fl!.!JJl.d inrlOl e III u I II tilt: S t;t II \thHtll ,iJ\lpS lI1L.'.Lllarg.,," II u t .l" ,
rC,~ult uJ a pl~(\Qeal, lhl' tlml \\ ill he rein:,takd
30
I lA Uty~)f B9j'OlQ!1l3eac.h ! A SEll I Flurlda Publll ~erVlll~S UnIOn t ., W \ ! ,t
I City Proposal
Julv 2009
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
I Agreement.. Counseling and ~forman~~ evaluations cannot be grieved.
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 GRIEVANCE PROCEDURE STEPS
The. parties agree to a step procedure for processing grievances._The deadlines
hereinafter listed may only be extended by written agreement of the parties. An
extension or waiver of a deadline shall never be inferred by the conduct of the
patties. When the Union fails to.timely move a grievance to the next step, the
grievance is deemed withdrawn and cannot be re-filed. When the City fails to
respond at any step, the grievance is deemed denied and the Union may proceed
tQthe next step.
The parties agree to substitute a grievance tracking system which utilizes the City
Clerk's Office as a conduit for filing as follows:
31
I IA. City of Bovnton Beach TA SEIU Florida Public Services Union CTW. CLC
I
13.4.1 St~v I Within ten (IO) business days of the incident or the time which the
employee had knowledge of the incident, the employee or Union may initiate a
written grievance by filing d.gn~Vall~~ ~",JliuJ~~ i,H.Y Clcr1_;-;VJI,-~~, I/V II Ii d Ll)jr
luwftft-the employee's Department Director/Designee. The grievance shall may be
hand delivered or sent by facsimile bS:!\:\'c.\:CllJbe IH,JuX1?_.Qth,tn; ~LlILl,! Ill) Ii
Within fwe f"f day'" Hfl~'etVtflg tAe g-F~-a+H;'f:' the Departmem-.l}Ht't'H+f wW
l*+flfaatheaggFievea em~:vee itn€l-!t+f IHtIHHf'e13resentat+ve tlH1~ ""IIt:~f4-tt!(-
it rooetitlg- wtflH-HftVe f~+ aave, ctf eeffiflt:7Hflg-tfle aggRevea i-'Hipj,t.ye"
aml:/ttf ltfHBH rertfesentative tH ffls(;:i!JS~ +he fflattd- The !.)-et:titfltlli:HH
Dnt'fh+1 "f4aIJ ;e-;t+Htl8 tH fhe !t;HeVftlk'" HI m ~ff)re '>.fU~ Pi,,1 'iI j lJt
eteventh i I ,II; I httSlHe~ ti-a-y tf+lh':l-Vdn~ I-ho;- dawe.j:.ft'{;e1f* Hf -Hlt' ~!nr'7Hh't"
32
I I A City of Boy.I!tQIlI3(,:~ch IA SEIU Flonda Publtl- ~erVlC~S U mOll CTW, ( L\
I <-'it', Proposal
Juh 2009
The written grievance should state the following:
&-: Statement of the grievance and the facts upon which it is based.
&:- The Article(s) and Section(s) of this Agreement alleged to have been
violated.
e:- The action, remedy, or adjustment requested.
4- The signature of at least one aggrieved employee and/or a union
r lve an e
---;-reA statement indicating the grievance is a class a... . vance, w
appropriate. An and all ievances sub -as a class act"on must be \
i signed by a Union Official Preside t or Vice-President . L
LA statement identifying the position or ers aftected,
when brought as a class action grievance. Any _______and .__ _.Jill
grievances submitted as a. class action must be signedk_a Uniol}
_ r'\ Official (President or Vice-President). _ ._ _ _ _ ..._ ,
i . ;g~ _ In the cvenra- gnevance doeSii'Tcc5hfain-ilierequired information,
" as listed above, it shall be returned to the grievant and/or Union
. )
f-., ...:'-'
\ Steward for further processing. If the ten ( 1 0) working days since the
(-""'''',,)
,j initial incident has passed when the grievance is returned, the perioq
, . 1
r~; for the grievant and/or Union Steward to resubmit to the City Clerk~~
. Office will be extended forty-eight (48) hours.
\. fl~
/T.h~_Department Director shall respond to the grievance on or before 5 :00 PM on
/ the eleventh ( 11 t~_ busines~_ day_ following the date of receipt of the
gnevance.
~ Step 2 In the event the employee is not satisfied with the disposition of the
grievance by the Department Director/Designee, the employee, or union
represen.tatiye if applicable, shall have the right to file a written appeal of
the decisioIl; 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's1Designee's decision. Failure to fully state all basis
f-or the appeal shall Bot prt'eft1de the employee or union representati';e
sueh basis for appeal at a later time ifl the grievanee proeess.
Within five (5) business days of receipt of the grievance, the Human
I Resources Director will contact the aggrieved employee, aDd umoR
representative if applieable, 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.
_'_ Step 3 When a grievance/disciplinary appeal if-is not settled under the
forgoing steps of the grievance procedure, the emplo~e or, if applicable,
the Union, within twenty (20) days of such decision or termination, may
33
I T A..cttY. of Bovnton Beach_____.____ TA SEIU Florida Public Services Union CTW. CLC
I
IIJl iliit~ngrt)\ln.tHpJI In jJIJ!J.g ,jt~U!J~~J\/\i llh 1l1~nJ:eY~J~J i\L~QJ,j I] un anti
( oIJ<;iJiii-li un S~n 1 C:t.: reI I ;Ill a rbi trati 011 panel 1\ cop" of [hI.: ! .,"Ljuei>l
sh<:iILbJ: sen- ~d Qll the ( It)
refer the dispute to an impartial arbitrator from the pre selected panel of arbitrators
appointed by mutual agreemeBt of the parties,
The arbitrators shall be appointed ~~ " th~ h ~_~f1!!g 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 lh~!!l!lili L'!!lJday J;t~J!od, a 120 day period, the next
arbitrator on the list shall be used. Neither party shall utilize court reporters
and/or written briefs. The arbitrator shall make a final and binding ruling
within 14-thlfty (3U) d~s of the hearing pI., \y hell I Clju!:st!:d b: ei tiler
panS, the Sl1bnllSSIOll tif l)lleh
'f..... ,/ /
\;
.
"'-, -,
\.- ,~
, \
\
::.....
34
I "I A City 01 BOY'.l!91! J?_~ash I A SEIU F10nda PublIc ServIC~~ UllIon CT'W eu
I l,;i!l. Proposal
J!!1Y1909
The City 8fld the URiOR }:m:.-.<e seleeted a panel of six (6) arbitrators Hom
the Feaeral Mediation and Coooiliatioo Serviee (FMCS). The City
seleetea three (3) arbitrators aad the URiOR selected three (3) arbitrators.
These arbitrators shall hear griEY..aflees OR a rotatiBg basis, begimring in
alphabetieal order of the arbitrator's sir Rame, as follows:
1. RodBey Detmis 1. Mark Grossman
2. BeB FaleigBo 5. Robert Hoffm8fl.
3. RamoB FerB8.fldez 6. Tom H1:lmplKies
The City and the, U nion,will selectarbitrators from a paneLful
provided.l2L-.tl.1~-Eederal Mediation. and .conciliation Service
(FMCS ),
13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret
the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine the decision
solely to the issue of interpretation or application of the Agreement presented.
The decision of the arbitrator on any matter within his/her jurisdiction shall be
final and binding on the Union, the City and the employee covered by the
Agreement.
When an arbitrator has been selected by the parties, the City shall have ten (10)
days from 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 itsel(jf the matter can be arbitrated.
The issue of arbitrability . shall be determined in summary fashion without a
hearing. The parties shall submit the issue to the arbitrator by motion of the city
with supporting documentation and/or_ affidavits. The Union shall file its
response with supporting documentation and affidavits within ten ( 1 0) days of the
City's motion. The arbitrator shall make his/her ruling based on the documents
provided by the parties. The arbitrator may, at the arbitrator's discretion, conduct
one telephone conference with counsel for the City and Union prior to ruling on
the City's motion,
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.
I LLi L_ The City and the Union agree to share all information each party will
present to the arbitrator no later than ten (10) days prior to the date of the
arbitration, even if such information was accumulated after the final grievance
step or after the terminated employees' pre-determination hearing.
35
I T A City of Boynton Beach ____' T A SElU Florida Public Services Union CTW. CLC
I
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
holidays recognized by this Agreement.
36
I fA (Ii) of ~Qy!!t.Q1J 13eagll IA SEW Florida PublK ~Cf\lce~ UI1101l (Tw' eLl
I l'itv Proposal
.I11lv 2009
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 of the number of hours 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-half times the employee's straight time rate.
14.3 Only hours actually worked will be counted for the purpose of calculating
overtime.
14.4 Overtime .shall be offered for a specified work functio~on a rotating basis based
ili( seniority to those employees who normally- perform the iob functions during
their regular work hours.
14.3___.Employees may all be required to work additional hours as directed unless
excused by supervision. n-'
Overtime shall first be off<<ed on a rotating basis in order of seniority within each
classification. The parties agree that v;hea employees are asked to ~....'Ork overtime
and m8:BElgement ooBtaets the appropriate employees from the seniority list, the
second employee contaeted must accept the overtime assignmoot UBless the
employee has a hardskip or the employee ed supervisor mutually agree to
continue dovm 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
37
I IAJdDr of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC
I
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.
38
I I A l'lI\ of BOY'l!Qll f3c(lch !A SElU Floriqa PublIC ~Cr\Il::;~~ Limon (TIN ( U
I t.ity Proposal
July 2009
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 helshe has been on the job for more than seven minutes, i.e. at the start of the
eighth (8th) minute they would then receive fifteen (15) minutes at time and a half.
14.7 The procedure in 14.6 will also be followed if an employee reports to work tardy
or late. The employee shall be marked as tardy or late using the same 7/8 Minute
rule, for purposes of calculating payroll. An employee will be deemed "tardy" if
they appear for work up to six (6) minutes after the designated starting time and
"late" if they appear for work seven (7) minutes or more after the designated
starting time. Any employee who is tardy or late is subject to appropriate
discipline.
14.8 It is understood that the clock designated by an employee's supervisor to record
arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate
supervisor will advise employees which clock will be utilized for timekeeping
purposes.
39
I T A City of Boynton Beach___ TA SEIU Florida Public Services Union CTW. CLC
I
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. Employees may accumulate up to eighty (80) hours of
compensatory time. At no time may an employee accumulate more than eighty
(80) hours of compensatory time. Compensatory time may be taken as earned
subject to the approval of the Department Head who shall schedule the time off to
meet the operating requirements of the Department.
15.3 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.
40
I r A CIt~ ofE!o)Q1Qnft~:l<::11 fA SEW Florida Public ~cI\19~~ Ull!Qn('TW Cl.t
I l)tv Proposal
July 2()0~
ARTICLE 16
16.0 WAGES
16.1 TBD Effeeth'e Oetober 1, 200a, bargaining unit employees shall rooei....e a five (5)
% market adjustment added to base \vage.
16.2 Eff-eetiye AjHilI, 2007, nOB probatiolHll)' bargaiBiag UBit employees shall recei'le
the following Performance E~'8k1ation V\'ftge increases added to base '.\<8.ge:
a. Barga.iBiflg 1:lBit employees '.vho ar-e nOB prooatiolHll)' aOO obtain a
performance evaluation soore of two point zero (2.0) or higher will receive
a base wage increase as a perceftt equal to their soore, not t-o eK'0eed f-our
(4)%.
b. BMgaimng unit employees '.",.00 obt-ain a performaooe evaluation score
bel~l/ hvo point zero (2.0) 'mll not receive a 'J"age increase.
c. No merit increase will be aV\<8.rded during the probationary period.
16.3 Effective Oetober 1, 2007, bargaiRing unit employees shall reeeh'e a five (5) %
lRMk-et adjustment &dood to base wage.
16.1 Effective April 1, 2008, Bon probatioBB.ry bMgaining unit employees shall rooei:ve
the follov;ing Perf-ormaB0e Evaluation. wage ili0feElses added to base wage:
a. BMgaimng uBit employees woo Me BOB probationary and obtain a
perfofIBElllee e.,'&luation BOOre oft\\'O point zero (2.0) or ftigher ',vill rooei'le
a base wage in.creElse as a percent equal to their score, not to eK'Cced four
(4)%.
b. BMgaining l:lflit employees who obtain a performance evaluation score
belo'.'; tv.'O point zero (2.0) vAil not reooive a wage inocease.
c. No merit iBcrease will be aWMded during the probatioBa:I)' period.
16.5 Effective October 1, 2008, bMgainiBg unit employees shall receive a two (2) %
mMket adjustment added to base '.\'age.
,
41
I IA City of Bovnton Beach _ T A SEIU Florida Public Services Union CTW, CLC
I
16.6 Effective April 1, 2009, non probationary blH"gaining unit employees shall recei',e
the follo'.v-ing Perf-ormance E'/aluation wage inoceases added to base '.vage:
a. BlH"gaining unit employees ',lIho lH"e Bon probationary and obtain a
perf-ofFflQnce e'laluation score oftwo point zero (2.0) or higher will receive
a base wage increase as a percent equal to the score, not t-o exceed
f-our (4) %.
b. Bargaining unit employees who obtain a performanoe evaluation soore
below two point zero (2.0) will not receive a '.vage inci'ease.
c. No merit inorease ':,ill be a'//arded during the probationary period.
16.7 No employee will recei';e a base wage inci'ease to a rate higher than the maximum
salary for the position. fJl employee v:ho is at the maximum of the salary range
shan reoeive the mlH"ket adjustment inocease and the Performaace E'.aluation
wage increase, if applicable, as a lump sum payment.
16.8 The April 1 Perf-ormanee Evaluations and re e';a.luatiofls at each thirty (30) day
period as outlined below shall be completed in a unbiased and fair manner.
Justification for an performaace evaluation scores "exoeeding standards" or
"needs improvement" must have been previously pro'lided t-o the employees being
evaluated. Through Labor/Managemeat meetings, the Vmoa and City shall
continue to work on the evaluation process in order to ensure pay equity f-or
employees.
16.9 Employees who receive a performaace evaluation rating that faUs belo':/ the
"Meets Expectations" Ie' lei (rating of less than two point zero (2.0)) shall be
placed on a Performance Imprmremeat Plan. It is the responsibility of each
employee to perform at the "Meets StandlH"ds" level as a minimum le':el of
performance.
42
I lA em ()fBQ)'gtQIJ~~~l;1l I A SEll) Flonda Pubhc Scnlgcs LJIllOJl CT'W CL \.
I ~Proposal
Jllb2009
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 from 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
I Promotion of two grades (exempt to exempt or non-exempt to non-
exempt):
I 7.5% of mid-point of new grade or to minimum of new grade, whichever
is higher
I Promotion of three or more grades (exempt to exempt or non-exempt to
non-exempt):
I + 1 0% of mid-point of new grade or to minimum of new grade, whichever
is higher
I 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.
I 17.1.3 Each promoted employee must successfully complete a probationary
period of six months from 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)
43
I 'LA 1:'!lYQf Boynton Beach.____ _. ... IASElllFlorida Public Services Union CTW. CLC
I
Decrease of three or more grades:
10% of mid-point of current grade (position leaving)
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,
I 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.
I 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 from one position to another in the same pay
grade, whether in the same or in a different department, will maintain the
same pay rate.
I ] 7.3.2 Each transferred employee, whether in the same or a lower grade, must
successfully complete a probationary period of six months from 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
of the 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 from 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,
I 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.
I 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 ofthe date the reclassification is approved.
I
44
I I A l'1t) Q1' l;3oHl!Q!!~~~ll I A SEll! Flond(l P!JbIIL ~en H.;<,:S LJIllon l'TW CL ~
I gty Proposal
,!!ill' 2009
I 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
I period of twelve months from the date of promotion.
17.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
I
-.. --::,.
~
;' ?-r G:,
l' ,-..-
'--
45
I T A City of Bovnton Beach '--'-- T A SEIU Florida Public Services Union CTW. CLC
I
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 hislher designee who requires an employee on hislher 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. The written
directive placing an employee on standby shall specify a starting and ending
period.
I
18.1.2 Employees placed on Stand-by who are assigned a take home vehicle aecording 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
''1.'''.--''''- back to work.
\' ~h;=~=:;~~;:;~~:~~f;~ :~:n~b~v::; ~:f()r eaeh day
,\)~.\~
... I ,", ,
18.2 No emplo~e~ may be assia~~dt~Gf-pairl-rorSTANb~ny ~f'when the
employ.e.e.ls.Ul.ef scheduled to be In any leave status for that enbre--slllft.
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 (11f2) 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 Yz) 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.
46
I IA CIty of BoYU!gll/:3C;lCh IA SEIU Flonda PublIc Services Umon ('TVIi, (H
I ~.!!Y. Proposal
July 2009
ARTICLE 19
19.0 EMERGENCY PAY POLICY
1.<LL Emergency pay shall hereinafter be paid in accordance with the provisions of City
Emergency Ordinance 2005-036 or the most current City Emergency Ordinance.
Purpose.
To establish le"l0ls of compensation for regular, part time and seasooal employees
'.vlle are released :from '.vork er who are retained at work or called back: to V't'Ork t-o
perform. City '.1'lork during the threat or ocwrreo:ee of a h1Hriea.ne, se":ere storm,
eivil disaster, or other emergeney conditions affecting the City Of BOYflton
Beach.
19.2 Local State ofEmergeney.
,As. local civil emergoocy shall be deemed to have oommeneea when the City
Manager (or an aating City Manager when the City Manager is not available to
aat) files '.vith the City Clerk a declaration that the City is in a state of local eivil
emergeB0Y. Immediately fullowmg saeh deelaratien, tlie City Mailager (or ,A..0tiBg
City Ma-aager) '.vill inform each City departmoot and office in as timely a mallBer
as possible by writtoo or eleetrmHe oommumea.tiOB that a state of ehil emergea.ey
is in eff-ect. The state of local civil emergeaey shall oontmue in effect until
resoinded in vmting by the City M8flager (or Avtiag City Manager), filed vlitli the
City Clerk.
19.3 ;\utaority aREl dmation ofEmergeooy Pay Policy oO-lerage.
The pm-Asions oftlHs Emergeaey Pay Policy shall become eff-eative immediately
follo'Niag the declaration of a state of local chil emergeaey by the City Manager,
and Me oonsidered :from that point to take preee8eaee w:er all other Perseflflel
Rules aoo Regalations, policies, ordiB:tUl0es B:Bd eolleati':e bargaiftffig agreements
of the City of Boynton Beach in the matters of pay, compensation and leave
discussed herein. The prwAsioas of this Emergeooy Pay Policy shall apply f-or the
entire time period duriilg which the declared state of local civil emergency t*ist.
19.4 DesigBfltion of employees fur purposes of establishing pa-y and compensation. In
a manBer to be determined by the City Manager or his/her aetiag desigflCe, all
City employees (regardless of full time, part time, seasOfttll, C*empt or BOa
exempt status) '.vill be elassifieEl into oae of the following three ea.tegories:
The assistance of these employees is
A. - EssentiallMandatory PersollBel considered essential to the City' s
ability to funation llfld pro':ide
public services in the eveRt of a
civil emergoocy.
I Depending OR ciroomst8fte0s aREl needs,
B - Essential Personael the assistance of these employees
47
I TA Cityof Boynton Beach n___ _ __)'A SEJU Florida Public Services Union CTW. CLC
I
I may be required in the event of a
civil emergency.
The assistance of these employees is
C - Non Essential Personnel normally not required during a
civil emergency event.
Employees \Y80 are classified as eat-cgory "A" (Essootial/Mandatory Personnel)
are eKpected to report for '.york at the begiftBing of their assigned shift, '.york their
entire shift, and be preplH'ed t-o work &By overtime hours as m&y be required under
emergeHey conditions.
Category "!'-:' elllJ>loyees may also be required to report for work on uflscheduled
days or hours, and should be prepared to perf-orm tasks outside their normal scope
of duties. Category ,< A" employees may be required to remain at a desigflS.ted
facility during some portion of the emergency event.
Employees who are classified as category "B" (Essential Persoooel) should be
prepared to report for '\\'Ofk, and should be prepared to 'work any overtime hours if
required to do so.
Category '<B" employees may also be required to report for \v-ork 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 vmo are classified as category "C" (NOH Essential Personnel) may be
released from their flOrmal work duties and schedules as circumstances dictate,
subject to the following conditions:
(a) the employee is to remain in periodic contact ,.vith their supervisor
or other designated representatives In accordance '.vith
departHleHtal procedures;
(b) be ayailable to respond to call back assignments as direeted; and
(c) be prepared to 'N-ork any oyertime hours that may be required in
advance of or follov;ing an emergeney eyent.
The City of Boynton Beach retains the right to change at an)' time an employee's
designatioH (as either "!'-:', "B" or "C"), based upon the type of ciyil emergency
that exists, and upon the leyel or stage of response that is deemed appropriate by
City management t-o address the civil emergency.
19.5 Duty to Work
An employee '.;;ho is direetod to report for work during a declared civil
emergency, and f.wls to do so, is subject to being disciplined, up to and including
termination. In addition to any disciplinary aetion, the employee shall forfeit any
48
I I A C i t) 0 f!?!')J!!QJ.l B~<!<,: h IA SEll! Horic1'! PublIc ScnH.:cs;UI110!1 CI W CI(
I City Proposal
July 2009
oompensation payable Hader theBe policies, ex-eept oompensatioB for hours
actually ~Norkea.
19.6 Employee eompeasation.
.\ny emplayee claBsifiea as either '?.." (EsseotialfMtmdatery) ar "B" (Essential),
v.ito is Bot exempt from the overtime provisions oCtile Fair Labor Standards Act,
will be oompeBsated as follows during a period orloeal emergeney:
(a) The employee will be paid their regulM eompeBsatioa of aU hot:H's they Me
seheduled for ~l:ork, bHt released fr{)m work.
Example: Ifan employee's is sehealded to work from 8:00 AM. to
5:00 P.M., but is released from y{ork at 3:00 P.M., the employee
y.vill be paid as though the employee YNorkea UBtil 5:00 P.M.,
howe"/er, only those hot:H's a.etually ~.vorked ~.~All be eoooted for
overtime purposes.
(b) The employee vAll be oompensated at a premium rate of double their
regulai' base rate of pay for all hot:H's aetually Yl.'Qrked, ineluding hours
\yhich woula othervAse qualify for o'.'ertime pay (time lHld ODe half).
Example: If lHl employee who eams $10.00 an hot:H' is seheduled
aad required to ~l:ork at 8 :00 A.M. but a loea.l emergeooy YNas
deelMoo at 7:00 :\.M., the employee shall be paid $20.00 an hoer
for all hoUt's actually worked ufttil the looal emergeney eOOs.
19.7 Standby aOO Call bilek pay
No employee in entitled to nor shall reeeive stBBClby payor call baek pay dHring a
period of loea.l emergeney.
19.8 Reeord Koopiag.
All employees Me responsible fur keepiBg aeeurate time logslreeords fur hours
\YQfkea dwing a doolMed state of emergCftey. The St:Ibmission of a request for
eompeBsation f{)r time y.vorked when the employee did not aaually y'\'ork duriag a
period ofIoeal emergeooy is groUBds for termination of employmem.
19.9 HlHldliag of leave requests during a deelMoo emergeney.
Leave requests apprO'led prior to a deelM'E)a loeal eivil emergeney will be hoaored
if, iR the opinion of the employee's department direetor, the employee's absenee
will BOt adversely affect: the City' s ability to effootively respoOO to the
emergeney. However, all employees Me subjoot t-o haviBg previoosly approved
leave Ei8nooUed, and DeW re(t1:lests for leave deBied, based upOR lHl ()verriaiag
organizatioftlil need to flaY/e the CHlf>loyee report for duty to fulfill their job
assignmeftts mm.ng an emergeney. Any off duty employee who antieipat-cs Being
uBaY/ailable to respond to a eaU baek: assigamCBt assoeiated with an emergency
has a responsibility to disooss their plaRs with their departmeBt Elireetor lHld
request to be relie".rOO from eall back responsibilities for th.e anticipated duratioR
oCthe emergeaey. The departmeRt Elirect:{)r vAll evaluate the employee's reasons
for the request to be relieved of possible eall beek responsibilities aad notifY the
employee of hislker deeision as soon as possilJle. All employees who reE(t:1est siok
49
I TA!elli of Boynton Beach _ _______ TA SElU Florida Public Services Union CTW, CLC
I
leave immediately prior to, during, or in reo<Y:ery from a declared emergency may
be required by the department director to submit appropriate medical
documentation to verify their siek leav:e request.
Special Note: ,A.n employee '.':no is on a previously approved leave that ~vas not
revoked prior to the specified local civil emergeBey time period is not eligible for
admiaistrati'/0 leaye '.'mh payor any other form of special eompeasatioB that may
be made available Uflder the provisions oftms policy.
19.10 Holiday Pay.
If the declared emergency time period should encompass a holiday, an employee
is eligible to reeeive any applicable holid&y pay they are due in addition to any
special compensatiOfl that is to be paid to Uflder the conditions outlined in SectioR
5 abo':e.
19.11 Suspeasiofl of other compensation rules
During periods of declared local emergeaeies, the provisions of this ordinance
supersede all other proyisions for seheduling and compensation set forth in any
other local rule, regulatioB, ordinaooe or collective bargainiflg agreement.
50
I fA elJ} of BO)1110J:l Be~(;h IA SEIU FlOrIda PubhL Sef\lces Umon CTW lU
I ~'itv Proposal
l!!k2009
ARTICLE 20
20.0 CERTIFIC.... TION P.I... Y
20.1 The City shall pay $500.00 for eaeh certifieation or license as detenniBoo and
agreed upon by the employee and the department head. The City shall also pay
the actual certifieation or lioen:se fee. This pr0"lisioB shall Bot operate to reduce
eertificatioB inceBtive pay policies et:lrremly being implemented by departmoots.
BargaHHBg uBit members ~.VllO participate in departmental certification pay
programs are not emitted to participate in the program set forth herein.
20.2 t.. pre determined list of job related certifications or licenses will be de":eloped
throHgh the labor/lIl8:ftftgemeBt oommittee and attatihoo to this article as &8. exhibit
aBEl shall be de"t'elopoo no later than sixty (60) days from ratification of this
agreemeBt.
51
ITA City of Bovnton Beach -~-- TA SEIU Florida Public Services Union CTW, CLC
I
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.
52
I 1 A ('jt~ QJI?9J'J!tC>.llJ3QilCh rA SElU FJonda Public ScnJ(;~l'lJf!lQ1LrTW, l'U
I l,'i!Lfroposal
JulLlQQ2
ARTICLE 22
22.0 WORKING IN A mGHER 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 from their supervisor to
perform work in a higher classification for training purposes. In this connection,
they shall perform that work without a 5% increase in payor the minimum of the
I higher classification" whiGhever IS grealer unt-ilu r-etttflieEf-- t{}---t-Re1-f~+~H-!-af
t: la::;s-i-l'icatiHil
~
53
I IACitv_ of Boynton Beach ---_.~- T A SEIU Florida Public Services Union CTW. CLC
I
ARTICLE 23
23.0 SICK LEAVE
23.1 An employee shall notify his/her immediate supervisor or the supervisor's
I designee, in a manner provided for by management, of his/her illness not less than
one hl!lL(l/2) of all hour before his/her 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
his/her supervisor of the will be absent.
23.2 Sick leave will be granted upon approval of the department director for the
following reasons:
I a. Employee's health, or up to five (5) days fUll) (W) h~IJT::> 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
I physician to be necessary and must be performed during working hours. ~t;::(
;,1 I
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 l2-month period or
I eight (8) hpw~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
I unused Personal Leave hours may be cashed in upon termination with City efHl
two (2) to one (1) basisillc 5VOi.O, 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.
54
I T ^ Cil) orI3QYI1!QI1I3~ll~h T A SE I U Flonda Public ~er\lCCS lJ IIH211 CT\\' II (
I City Proposal
Juh 2009
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 from work for
a lengthy period of time (workers compensation leave time excluded), and
when the employee has exhausted all accrued sick and vacation leave
down to 40 hours.
I 23.8.2 Extraordinary circumstances shall be defined as lengthy hospitalization,
critical illness or injury.
I 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
his/her Director or Department Head. During that counseling session, the
employee will be informed of the reasons being considered for restricted
sick leave. At that time, the employee will be given an opportunity to
explain the sick leave taken.
I 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 from 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 from restricted sick leave.
55
I IA_City of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC
I
I 23.9.3 During the initial ninety (90) day restricted sick leave period, ifthere 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.
I
56
I orA QIJ Qf BQym9~n!i~<,;h fA SEIU Flonda Pubhc SCrvlC"~ UlIIQIl CTW lU
I ~'i!Y...Proposal
~J.!y 20(J2
ARTICLE 24
24.0 WORKERS COMPENSATION
24.1 Whenever an employee is totally disabled from duty for a period of no more than
seven (7) calendar days because of an injury determined to be compensated under
the provisions of the Worker's Compensation Act, he/she shall be entitled to full
regular pay.
I 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 his/her
worker's compensation check and his/her normal net pay up to three (3) months.
I At the end of three (3) months, the Risk Manager will review the medical
certification from 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. If the 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.
I In no case will the salary supplement be extended beyond six (6) calendar months
from the date on which the salary supplement began.
I 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 his/her regular hourly wage to the
extent that his/her combined sick leave or vacation leave, and workers'
compensation benefits equal his/her regular weekly net take home salary. The
employee must contact the payroll clerk to qualify for the combined check.
I 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.
I 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.
I 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 his/her services elsewhere, during this period, he/she will be
obligated to reimburse the City for all medical expenses and supplement, sick or
vacation pay taken and shall be subject to dismissal.
I
57
I T A Ci!y of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC
I
ARTICLE 25
25.0 LIGHT DUTY
25.1 Employees who have injuries which prohibit them from 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 perfonn
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 from his/her doctor
58
I I A CIl\ of BQ~mtQJ} J~~{l<::ll IA SEILJ Floriga Public ~crvwes l)mon CTW, CU
I Cil1_ Proposal
Julv 20j)2
ARTICLE 26
26.0 VACATION
26.1 Each full time employee shall earn vacation leave as follows:
Years of Service VaeatioB Days Vacation Hours
1 Years 10 80
2-3 Years 15 120
4 Years -l6 128
5 Years 17 136
6 Years -IS -"------~_.- ..---.----...-.- - --. 144
7 Years +9 152
8 Years 2,() 160
9 Years U- -.---- ..------ --.-------- --_._---- 168
10-15 Years ~ 176
16-20 Y ears ~ 192
21 Years & After~ .--. 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.
I 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 foIfeited 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.
126.4 Vacation requests of three (3) shifts or less must be requested and approved or
denied within two (2) days 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 one (l) week of the day the request is made. Vacation requests of
two or more weeks require at least twenty one (21) calendar days' notification.
Management will approve or deny the vacation requests for two (2) weeks or
more within seven (7) days of the request.
I
59
I T A City of Bovnton Beach __._ TA SEIU Florida Public Services Union CTW, CLC
I
26.5 Emergency Cash-In of Vacation and/or Sick Leave Time
I
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
I emergency cash in of vacation. Ifapproved, an employee may convert up
to 9480 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 eIght l8J hRIJfS one work day.
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
I leave hours cash-in will be calculated at fifty (50) % of the employee's
hourly rate. The total of vacation and sick may not exceed ninety (l.).~O)
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
I 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.
I 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 of this agreement
126.6 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
2.' .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.
I
60
I l'A ~:ltLQf E3oynlQ!!~ggs:h IA SEIU Floriq(j P!l!lhi: ~er\!Q.~" UIJiQD(']:W CU
I City Proposal
Jull20Q2
ARTICLE 27
27.0 BONUS DfaYS HOURS
27.1 IN"TENT
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.
27.2 ACCRUAL
27.2.1 All full time City employees covered by this policy are eligible to receive
a bonus ~of eight (8) hours for continuous attendance at werk-work
semi-annually at-the eompletioB of eaeh six (6) month period caleadar
quarter (January through June and July through December. when-that the
employee has not used sick time duriag the previous qaarter, nor has been
absent from work or on leave other than those paid leave categories
recognized in this document.
I 27.2.2 Bonus tlays-hours.shall be counted as vacation leave and subject to the
provision set forth for use of vacation.
61
I T1LCitv of Boynton Beach ____. T A SEIU Florida Public Services Union CTW. CLC
I
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, If. 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 v/.ith notice to their
supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday
without prior notice. If taken, the birthday ..../ill be charged as a \<aeation day.
Holidays are not cuml:llative or imerch:aftgeable.
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, exoept where employees are
normally scheduled to ,,'Ork a ten (10) hOUi' day. In that case, they shall receive
ten. (10) homs of pay
.. WhenJLL!t)'l;::C'" -, "i [lolillf!,y lliH~ QIJ 41L~mmoye~~:?dl~<1Y1~,l,1 \volh Ja)
enmJQY~~~ wiJI r~c~lve ~ighJ{~lhQlJ!,5 hQ!id"lY P4Y" 'i i :>Li
u Wh~J1.~;1 i. I " -".\ hQJid~y f~ll,5 QIl an ~n!pIQY~,~~ !1.QI1-,5~h~dul~Q y""Qrk(:t<!Y, Ii
VII ilJ Q.~Jreat~q il~ iJ flQ~.ting h_Qlicl~Y (l)Jdeight (8) hQlllS will be qdd~Q to the
en.mlQy~t;' S v~~.atiQnl~a\i~ p<inh
<II HlJ.uJJYH!!~~mpJQ-Y.~~~llJllstwQrj.; their g;g.u1<:ir wQrk~Lays Jnlm~dlill~l} Qetoft
andf!ft~r tb~ bQJjQ~"y III Qr<i~ 19 l~~~iy~ mn fQ! the h.o.h<i<.lY ~)I bi.: 111 al
aulh<>JE~"<l ",j1 ~talus Imm~Jlialely before all~ all~' Ihe bqlid"J
,\ -.I
,
In all events, where the employee is seheduled off f-of the holiday, the employee is
scheduled on during a holiday, the employee shall be paid their regular rate of pay
f{)f working the holiday (time aad one halt) and shall be paid straight time [-or the
holiday. Houdy rate employees must work their regular work days immediately
before and after the holiday in order t-o receive pay for the holiday Of be in an
authorized '.vith 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 (1 Ih) their regular rate of pay for all hours worked in addition
to that payment provided in 28.2.
62
I I A C\lj 91" l:3Qlft!.Qn{:l~ili<l! I A SEll) F10fIQi1 PlIQILt. ~t:n I<:S;!> U JIIon ~.J W. t Lt
I CIty Proposal
July.2009
28.4 Employees on vacation, annual military leave, jury duty, sick leave, funeral leave,
and other absences from duty, but on active pay status on the day the holiday is
observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
28.5 Holidays falling OR a Satw'day shall be observed the prooeding Friday. Holidays
falling OR Sunday shall be observed the follo-wiflg MoRday.
63
I TA-rirr of Boynton Beach __~__T A SEIU Florida Public Services Union CTW. CLC
I
ARTICLE 29
29.0 COMPASSIONA TE 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 of a regular employee,
the employee shall be entitled to paid compassionate leave not to exceed three (3)
~4 consecutiveWQlb 11Qldl::. v.'orkdays for anyone death. Hov.'ever, if it is
Decessary for the employee to leave the State in cOlmeetion '.vith the interment of
the deceased, five (5) coosecuti';c ......orkdays shall be allov/Cd. EmfJloyees 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.
64
I IA ('Itj of ~9Yllt.Qn~~(;h r A SEILJ FlOrida Pllbhc Scnlce~s LJf!ion CTW. CLC
I C It, Proposal
July 2<)09
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 from the City, in an amount
necessary to bring their total compensation, inclusive of their base military pay, to
I 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
I arrangements for any other benefit premium or other deduction._Current
t.j S-,S.E,RA regulations will iJefollowed regardi.!!Rthe~mployee'~ benefits,
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
l(L5 Employees on active Military Duty are required to provide. the. UJ-Y_ with. their
military orders for the duration of their assignment
65
I I A City of Bovnton Beach T A SEIU Florida Public Services Union CTW. CLC
I
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 of the City. Requests must be in
writing. A leave of absence without pay of up to thirty (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 by
the 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 of these
rules. There will be no accrual of sick leave, vacation leave or seniority during a
leave of absence without pay exceeding thirty (30) days.
31.3 The City M&nager, at his or her disocetion, may approve up to an additional 6
months leave of absence without pay.
66
I I A CIly of1391]1!Q.nJ3~i!~h rA SEll! Florida Pupllc Scnli,:cs UIII~)u CTW eLl
I CllV Proposal
J!lIv 2009
ARTICLE 32
32.0 UNAUTHORIZED ABSENCE
32.1 A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three days shall be deemed to have abandoned his or her job
and shall be separated from employment with the City. Separation of this type
shall not be considered a disciplinary separation.
32.2 However, a bargaining unit member who is absent from work without authorized
leave for a period of not less than three (3) days or more than thirty (30) days, but
who was physically unable to notify his/her employer or have another person
notify his/her employer shall not be deemed to have abandoned his or her job and
shall not be separated from employment with the City. Under these
circumstances the Director, Human Resources must be provided with details of
the absence and he/she must determine if just cause exists.
67
I T A City of Bovnton Beach _.TA SEIU Florida Public Services Union CTW. CLC
I
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 of law 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 tb.n. rec~iv~'
for jury duty or as a witness with the City Finance Department for those Mfs
hours Jhat coincide with thriL_ms/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.
I
68
I Ic\ Clly. Qfl3.0}'IHQIIBei!fh It\. SEIUFlorida Pubhc >en.!g~~!JI!!QII CTW Ut
I City Proposal
Julv 2009
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 twenty-four J14lthree (3) or more work
tiayshours-Eiays
f Failure to report to the human Human F-Resources office Office, the
intention of returning to work within five (5) days of receipt of recall
as verified by certified mail.
g. Failure to report from military leave within the time prescribed
34.3 Layoff and recall of employees shall be handled in the following manner:
~_lhs;_ Ci1YJ~lanager.lllill' ..@Y offf"lJ.lY-. union employee wl1enever~ such. action is
[l1ade.. necessary.bY. r~asonofshortageof .work or funds, the abolishment of
i;1.QQ2!tioO-,-.CQusolidi;ltiYD Qf 9~mrtlJl~J.)t? oL<:Hvisi.Qn~J:lItyatizatior1
[eclassification~illJ~Qm9_Dl?atQll;__.bowevE:r, rlQ.Jegular employee shaH be
Iqid Qff\LY'hlle.ljler~_grf; Ji:;IDllOlgIyLorQrQ.QgJjonary employees servinq in the
~ClrIl~lQ.~tio!1Jor.:v.yb~1:U.be.tJ.nipngmQ!9~~j.?-Aualified, in the judgment of
tl.1~.llej]Qr!Jl1ent Ij~9..Q jnCQfl~lJJt.Qtl.QlJVYlt!J th~.til.JfD91LResources Director.
Wh.enevel.the Jayoff of Qne QLD'iOre employees shall become necessary the
Clty_MaOf1ger ~haILnotj.f:Ylb~ lJ1!!IlQolle.sQurces j)irector , at least ten ilill
c1QYs in advance otlbS'jnte[ld.~~::Lc;l~jlQ!l~ndJiJ~reasons tbe.refore,
Ollie Human ResourceQlrectQL5.hall furnish the Citv IVlanager with the names
Q[the .employees to be IClid .Qff in the order in which such layoff shall occur.
III orderJo_rninlmjl.~ the_ disruQtiQtl..QUbe ~ation~ ot theSity , the Qrder of
layoff_shall be in reverse order~ of total continuous time served in the same
c;lassificatioILQfid.Y11thUltbs_san~-ff)artmenLexcept iO the case of the
?limlm~Jion_.of a departrrLeJJ1..QL.Qivis!QD.l..JnYllhich case only the employees in
l-b~ct~~rtm~n.t.QLQjYL~iQObs:Jnq~llmLDateg'INill_be laid.QiI
69
I "LfLCity of Boynton Beach __ _~ T A SEIU Florida Public Services Union CTW. CLC
I
;,.. .') d, ,
,,,If i i (' \ "
(~ l'C:i l Li' ': i ~ t, i ~ H~}l ,--It (
f .ile ( i\;taHa-~~"i-'-n1dY la>- U:{--j aB,) 1 e-gUrhi ;'7\dH::.~-t\~,:,-\.t:il-~:d.:;i..:-;~i {,l;,:+-h~1L 1~i --h-h::\j,~
!1t:l'c;SS,Hc~, !"c'9~)i)- \)J"-~}lt.?f1 {_t:tS~: ,\.,; !t't,
i~j GI~Hn~t's Hi<'F~ahti~Hft()H. iiOWt'V,-'CI [hi ~:'-r,:',.: ..-,
i cF~!Pt~E.UX~Y J.. UJ L~i_-_~~~J}~.f~\?U{H} ,-';;fJlr~( l~\ t<~:~..) ,,",Hi.> HI H;-. ....hJ'~f,:
t', 'I~, ::::iigib ie Inl;~t~
\\! i. ,t~:t \t.} 'v'\..~~ \h ". j<.\:_~t.':;_:c~'f-ui" ~ rlt: ~
-- -- --- ..-- - ---
~--t]-\1 t i { ~l! t-{:-..\...;~\ ,. '~': c:',tV,
,icl~\-H 1 Hi id 11 jC~: i t+'I.S( 'rn;-... ~ j i",::L;f t.~ 1 'i. -i_
11 ; , --;t'- i t~.-iJ13 ~~~~ t' +{.
':'" !n}~~ 'i't; tE !,.; ::-;t.i'.~ f L! L t ""L
.,iwli .he H1 \ -;-~ -h r; ,- ~.":-7htH-H H:.\f t.e, ++n:;<~ "n.'cF-v
t'~}U'Uli!f \' CiiiUfH i"l(;-i ~ll r;'j i"~:':,.:,' ~Lci-H f",. ..! ;; : ti1 i ~ 1'; (h;.--: i\;"
i\:~~;jtf la1 efn17k}yt~:,j)
a. The Cit)' .Manager may layoff aflY 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 f-orce.
Hovlever, no regular employee shall be laid off 'Nhile 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
layoff OC0Uf'3.
b. '.Vhenever a layoff of one or more employees becomes necessary the City
:Manager shall notify the Union at least two <2:.Lv..ecks in a<hance 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)
jumor employees who are in aflY equivalent or lCYNer cJassifieation f-or whioh
the bumping employee is eligible for or for which he qualifies by meeting the
requiremems as set forth in the job deseription.
d. Laid off eHlf>loyees also shall have the right to aeeept the layoff In this
collftCet:ioR, the laid off employee shaH have his/her name plaood at the top of
the eligibility list for any position 'Nmeh becomes open, and for which the
employee is qualified. The employee may pass or accept plaeement into any
such open. position for a period of one ( U year,
70
I I A~ily of J:3QYl}lQ!l~~(;.h fA SEIU FlongaPuQ/ic ~ef\l(;es UlliQIl (1'W CL l
I ~'itv Proposal
,1.J!ly 2009
e. Employees shan haye ree&ll rights for a period of ODe year from the date the
layoff took affeet. Upon reeall, employees shall have all seniority and
beftefits restoced with the exe0f)tioB. of any beftefits that were easbed in dwing
layoff period.
f. Employees may also ehoose to fK>60f)t the layoff at the time of the initial lay
off a:ad receive a se';efMce paekage of BiDe weeks ~Nages. In this cOllBeetioB,
the employee may not reapply to a position withiR the City for ODe year from
the date the lay off took affeet Md sftall not be plaeed on the reealllist.
g.f. It sftall be iDel:lmbent OR the laid off empleyee to eBSlIfe the City has
information pertaining to his most feeeRt address for the purpose of reeall.
L &-Employees shall be reealled in the inverse order ofthe layoff. The City shall
recall elBflloyees via a ~ltritt-eB doeument llsing the US :Mail serviee. Reeallletters
shall be seRt certified, with a return receipt requested. Employee shall ha'le ten
(10) bt:lsiness days to respond to the reoallletter. LA... laid off alBflloyae ~.vho is
temporarily llBable to r<<urn to work dHa to medieal reasons shall reoei~;e an
eJrtension of recall rights oot to exooed f.om (-:I) months.
71
I T A City of Bovnton Beach T A SEIU Florida Public Services Union CTW. CLC
I
ARTICLE 35
35.0 RECRUITMENT AND SELECTION
35.1 nl~_j{eguitmem aIlQ ~eleCltQ.n PLocessan(1 PH)cedur~S)Yl!LJoHow tho~e
ges~ribed in the Personnel policies. and ProceduresJ'0.anualcln order for the City
to be operationally competitive '.'lith other govemmefltal efltities as VieU as the
priyate seetor, the reeruitmoot and retentioR of qualified employees is of
paramoUflt importance. To aolHe:--/e maximum effioieBCY the City must ha'lC the
flexibility to fill vaoaooies through either promotioR or outside hiring. Vacaflt
positions shall be filled in the best interests of the City through reeruitment,
selection, and promotion of el.'llployees on the basis of their qualificatiofls aB:d
relath'e lmovA.edgc, abilities, aBd skills; pro'.'ided that ';{here these factors are
equivaleflt, preference will be given to curreRt employees.
35.2 Basic Requirements
t.. , I':': 2 I . Human Resources IS respoflsib Ie for the nondiscriminatory
implemefltation of this policy
; h_'.'l ' , Each departmeHt is responsible for assisting the HUBlaa Resources
Departmeat with recruitment, interviews, tentative selections, and
recommendations f-or appointment. Departmeats fl.ave no authority to
modify or waive the provisions of the PPM.
Human Resources has primary responsibility f-or hiring employees.
All employment disCllssions are to be cOflsidered non obligatory,
exploratory, and tentatiye in nature and should be indieated as such to the
applicant. ,Any off-ers of employment made to an individual prior to
obtaining all necessary authorizations shall not be binding on the City.
35.2.1 The City shall make every eff-ort to fill open bargaining unit positions
within sixty (60) days of the position becoming YHcaat, exvept that nothing
here shall prevent the City from chaflging, modifying or eliminating
vaellflt bargaining unit positions.
35.3 Procedures
35.3.1 Applications and Interviews
35.3.1.1 Once Human Resources has officially aBflouflced a job vacancy
through the posting of an Employmem Opportunity notice, the
offioial reeruitment process has begun. The reeruitment process
may be withdra'.vn for any position, proyided that such is not
arbitrary Of capricious, upon 'yvfltten aotice to the union by the
Director of Human Resources.
72
I I A tll\ ()f ~O)I.lJ91! ~~~ch f A SElL! Homtil Pljblli.. :-,,,f\ICt:.s lJIUQII t'1\\1. eLL
I City Proposal
.I11lv 2Q09
35. 3 .1.2 Indi~lidaals desiring oonsideration for employmoot must submit an.
ApplieatiOB for Employment, or a resume to Human Resources.
Employees are eBOOUf"aged to submit applications for promotiOftal
opportunities. All applie&Bts submitting a reS1:HBe Hd granted
further coBSideration shall eomplete an Applieation f-or
Employmeftt. VeterlHlS' pref-ereBEie v:il1 be giYeB in compliaooe
vAtn 6\:HTeBt legislation.
35.3.1.3 l\.pplieatioflS must be signed by the apfllican.t. Falsification of any
part of the Applieation for Employment or an.y related a001lmeBts
may, upon disooV<<y, lead to the denial of an. applieation,
witndf"a\\'ft,l of an offer of elBJlleyment, or dismissal of the
employee.
35.3.1.1 All applications aRd resumes reooiyed by departmeBts mast be ~.
fOf\.varded to H1:lIB8.fl Resources.
35.3.1.5 l\pplieatiolls for employment may be aeeepted by the Human.
ResffiH'oos Departmeftt ~llhen there are 6\:HTeBt yae8.fl0ies f-or a
SJlecified position.
35.3.1.6 '}!hen a 'flacaney occurs, previously submitted applications an.d
resumes en file ill Haman R-esffiH'ees may be OOBsidered ill addition
to all new applications and resl::lfties received ufttil the established
closiBg date or Ufltil the vaeaney is filled.
35.3.1.7 Certain e1assificatiolls may reEJ.aire applieable testing prior to beillg
given eOllsiaeratiOB. Haman. Reso1Kees ~:All administer tests
requked and ooSl:lfe that passiag seores Me attailled prior to
forwarding an application to a aepartmoot for ooftSideratien.
35. 3.1. 8 Human Rese1Kees shall ad~;ise the appropriate Department Head of
the eligible applieatiells.
35.3.1.9 Dpen reeeipt oftRe eligible applications, the departmellt shomd:
a. Re,liew aDd evaluate all applieations and resumes based OB, but not
limited to relative qual-ifieatiOBs, kB()"llledge, abilities, skills,
edueation, ~rperieftee, and certifieations or licenses required in
aecordaBce with. curren.t class speeifications; and,
b. PrepMe an ifttervie>.v schedule and cOllduot interviC".vs. Human
ReSOtifoos may assist in scheduling, eentaoting, or 00 interviewing
of applicants at the reEfUest of the department; and
73
I 'LA. City of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC
I
c. Dctermiac v;hioh candidates are most suitable for further
consideration and prooeed T:lith additional interviews, if necessary;
afld,
d. Determine wh.ether the applioant pool not v;as suffioient prior to
recommeadation fur employment,
35. 3.2 Selection, Ref-erence Cheoks and the Rcoommeftdation Prooess
35.3.2.1 Once the intervie'.v process has determined suitable applieants,
the departm.eftt shall be responsible for cheekmg refereaees. Ne
inquiry regarding ocimiH:al records, eredit history or medioal
conditions shall be made at this step of the evaluation.
35.3.2.2 Human Resour~es may also oonduct verifications regarding
academic degrees, previous employers, and charaeter ref-erenees.
All inf-ormation provided on the Applioation fur Employment '.vill
be subject to verificatioo as needed.
3S.3.2.3 Oooe the results of referenee ehccks and other verifications
appear satisfactory, the departmeat will be notified in order that
processing may continue.
35.3.2.1 The department may thea recommend an applicaat f'Or employment
and submit the proper forms to Hl:HBan R-esoUf"ces for processing.
The Haman Resources Director shall be responsible f-or revie"Ning
reoomnleBdations to assure fairness in the process. If the
Department Dit-ector proposes a salary that eKceeds the minimum
of the position' s pay range, written jastifieation must be included
f'Or coMideration of the salary. The Union shall also be notified of
the proposed deviation in pay.
35.3.2.5 Upon receipt of a recommeadation for employment and in
coajuHCtion with a tentative offer of employment, a pre
employment physieal, which may include a drug test, f'Or the
applicant is then scheduled. Medical examinatioas must bc
satisfaetorily passed to determine fitness to perform the ooties ef
the position. At this step of the hiring process, Rumaa Resourcc,
with. the assistance of the Florida Department of La....; Enforcement
(FDLE) shall cheek the prospeetive employee for a erimiflal record
and may obtaia, f{)l1owiH:g th.e requirements of the Fair Credit
Reporting Act, the prospective employee's cf"edit.
35.3.2.6 After aceepta.ooe of an applicaat's physieal ex-amination and drog
test results, criminal background cheek and cf"edit check, if
required, the Human Resources Director may authorize proceediag
with the hiring process.
74
I I A C)l) 91 HO)UI9111:teach I ASk':IU rloPG,Ij->UQljl- St:f\ lCt?f:>.(JUIOII CIW ( It
I CIty Proposal
Jul" 2_009
3 5. 3 . 3 Employment f..cooptaBoe
35.3.3.1 Employment aooeptaBee Hftlst Be made by the applicant vlithin
three (3) '.vorkdays of the aepaftmeftt's employmeftt offer, unless
otherwise extended BY Hume R-eso't:H'ees. If employment
aeeeptaaee is deelined, the department may consider Mother
applicaat from the reernitment's applieent pool, or the department
may CHOOse to begin a ne'.v recruitment. Employment Procedures
shall be followed in either ease.
35.3.3.2 The depar..ment must notify Hume Reso't:H'ees of the tentative hire
date. NeVI employees Hftlst provide proof of work eligibility and
verifieation of idefttity to the City. Human Reso't:H'ces ....nll f-orward
the neeessary employee papenv-ork t-o the FiB8.B0e DepartmeBt for
payroll p1:l:lposes.
35.3.4 Orientation
HuftHlft ResoUf'oes shall schedule and oonooet a general orientation program for
all Bew employees to explaiB the City' s history Md orgaflimtion, to oomplete
beBCfit program. Cflfollments, and to str-ess the use of safe work praetices.
75
I TA City of Bovnton Beach -.--. T A SEW Florida Public Services Union CTW. CLC
I
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.
Bmn10yees whQ_ar~ m positions designated~th~ SatetylQmrnitt~~ ~iill~~t:':I)C
l!!tJ!nnual shoe _~ allowance of $120. QQJ.br .sJ!~ shQ~~.boOlS_J2flYlLbl~ 91l~~.
fQr~:9ach ~ar-:Qf~._tl:!ll;_:::_ /\greemenl. safety_ Jihoe~pootsi!.lJnuall y, aJ:;.Q~rsQ!J(:tI
nrlJ.1~~tiy~~@ipJll~!lL PJ9~!d~dRY. th~Citygesignated vengQf. Ib~~s; ~l:!Q_~~b.QQl:'
sbllll onJy Q.~.. WQulfl!1 Qtli~ifll C:Lty blJ~m~.!,;s ~l;mployecs:-:whe-~_hir.eJ!i!fLeI
tHe .shee.. allowance-fi.as -geen-~will. reeel vc-a-l3ro rated amount based -BfH~
._._.... ,,_____.~._._._~__.__.,_."____________..__ _...._..,..____....__..._ ___~,..u..., .__. "_'_ _'_, _..._._,_.___._____~.__.._.__.___.___._......._._. ".
Htlll1bQL Qf nwntl:!~ r~rn1!inillgffi~ti$caJ year
36,2
The Cjty(Sqt~ly (ommitlee WIll be re.H)9n~b~_foLge_~igilJg whJ(:h
p_o~itIQJlS I ~Jl~e .W~&I!11.g 01 .s(;lf~ty shpe~ b(;l~~d (!(l QSHA ~J<:lll.Q(;lrg~ and
lec_QmJ).l~nd<JtjQn~ The ('ily/Safety ({)J)lJllHJ~(; Ml:1J)1!g~m~I)J~b~1Jd.~J~!JJlin~ lhtl lype
clJtQ U!Jl!liJj Qf ~l!~b shQ~s. dnd shall selec! those safety shoes/bQots which will be
prov id~d and regl1ir~ci to be wOln
III LJl(~!ie.. (,;./:ls.~~ ~1Je..rt;; <!Il lfl-,fl',,:Hjl1~1 t;;JlIpJQyee l~ l1n(lj)J~ to t.J~ fitt~QJ.lrQpt;;rll~ d~,
del~[mi!l~d by tl~'l!JtbQJi?ed,,;e..DgQJ th~ clIlQI Qy~gJ:rljl.Y J)!J~l:Hls.e I h.t: ~(lt~t"
~l1o~_s/b..Q9tS>\Ybi~hIJ1~el ~he Cily!SJ:l.f~ty COI1l111ittee_.fl.l2PJ.Qy~~L tYQe..(lDQ ~l\lalin
fmm ~.d.Lff~G~lH'v ~nd9ITh~ e..J)wlQY~~ 1!l<!Y ~~(;* l~jlllburli~!.nenUlf th~ gQS.t Qf the
shQs:-,~bQQ1s [rem I lhe City nol to ex_ceeo $20 00 ~:l(clLJ.9 Lng t1ll(~:, Such
l'dJnb.YJsem~mt ~h~jl OCC(j1 (if1t:f @PIQ\I(;l! 01' l.h~ shQ~_s.Lb..QQts, b) the.. Risk
Mall(;l~ll1j~Dt D~partment based upon the City!Saf~ty CQmll1it1~.e.. (lJ2PrQv~d tYPl
and lllJi:llily
Any I!L~i!.rl<;;'e.. ~ht;;l~th~ <!!JJhQri,,~cis.i!.f~tJ-s.hQe~/bOQts. QO J19Jli:l..st tile tiJl1 Y~fl.r, "viii
be b roJ!gbt tv th~~H~miQll vf th~enwJQY~~.:i 5uper:y.i.~9J:L ~md tht: Risk
iYI.,!nagementpep(lrl~!lt In su~b..i!.n jnsti!J)~e,th~shoes/b92~ w:iU Q~r~tJJ.m~d tu
th~ J.'ity Th~_.C itywiU hllYe_ tbgshQ~(QQ9J.!,; (~QIE-~~d .bYJhede5ignat~d .\i~D_QQI III
an CidditiQ.Dal~~~t Qr;;hQes/b9Qt~ will be Pu[ch(l;:;eci by th~ CityJrorn th~ d~s.I.gnaJe..tl
vel1dm f~tr tl1~_ ~n1pIQYee
10) J~.ill:Qlo~..w h.Q Ji!.l.l .::l&:. '!'v-,-~~_:.sat~_Q9:!J.imnent!\l1L~fLL~lr~Q.<!Lt:
~l!~ct tOm__~~JinarLaetion. Ermll,OY~~::;. Wh9 fujJ JQ wear.Rr..9J2.~Ls.ho~s.&Qots
to work fl.J~s.!Jblect to ciisciplimuy actioll
76
I i A (it} OLI:3Q.YIl!onJ~each I A SbIU FIQfI(i(J. publIC Sl:r\lf~~l)ll!Q!l CTW. eLL
I Qn' Proposal
fub:J009
The City shall provide specialty shoes/boots as necessary, at no cost to the
employee, such as di electric boots or after documentation from a physician
indicating a medical condition exists.
36.4 The union may participate on the Safety Committee.
Employees in Sanitation who provide Re cycle, Rear Loader and Vegetation
services, and Vlater Utilities employees may have need of more shoes each year
than the ',..age allo,/t'ance '.viii cover. In this event. the employee must present the
'Nom shoes and original receipts for shoe purchases in the fiscal year totaling
more than the shoe wage a]]o',vaRce provided ill Sectioll 38.2, to his supervisor to
receive approval prior to the City purchasing the employee an additional pair of
shoes.
36.2 _ n___Employees 'Woo ar'0 in positiOfls desigaated by the Safety Committee will
receive a shoe ""&ge allo~.\'8ftee 0[$190.00 efteR year for safety shoe/boots payable onee
f-or eaek year oftms Agreemeflt.
The City/Safety Committee '.viII be responsible for aeciding which positions
reqUIre the WearIng of safety shoes based OB OSH1'1 standards and
rooommeooatioBs. Management shall determine the type aBd quality of such
5hees:-
Mr.--J - Employees who fail to wear proper ~ equipment wheR- requircd arc-subject to
---disciplinary action,
+he- -Gtt-y---shall- provide- specialty shoes/beets-as- necessary, -af--Re-cost to the
employee, such as di e1ectric--6eets--er--afteF- documentation from --a-physician
indicating-a- medical condition exists.
36.~ The City shall make available immunization shots for tetanus, hepatitis, and
diphtheria for all members of the bargaining unit as requested on a voluntary
basis.
I
77
I T A Citv of Bovnton Beach ________ TA SEIU Florida Public Services Union CTW, CLC
I
ARTICLE 37
37.0 INSURANCE
I 37.1 The City shall pay ~~\lellly::-JJVt=p~r c~Jlt (7 ')0.'0.) tlf the total medical insurance,
dental insurance, and vision care premiums for all regular employees. The
employees will pay the full cost of medical insurance, dental insurance, and vision
care premiums for their dependents. Existing or comparable coverage shall
remain in effect until at-1east-- Soptemb~F-:t(+,::20 1O,:.J.or the dUf"ation of this
Agreement; ho'..vever In the~y~nt th~(ity~hangesbenefits options .fuF-:~1llil!9~?
after September~, 2QQ2.,_Jhen_l.h~_pealt.hjnsuG!!lJ;e~overage_ forJh~_~mvlo'y_el'
/:lrtd _ th~ir J:i~p~J1.ganj:::i rI1./:l)'Qe -,!!}1end~d ffQ!11 tirn~ t~) lim~ Th~_n~_\li~~ /:llltl
s~!~l::JiOlLQf iI1SUranf_~ _c_9_y~rage 2hal!Q_~ m{!d~__Q!.umaQ!1u<!L basi.;;; Qy t.h~LJI.Y in
the e.....ent the City::. can pro' tide for alternative equivalent benefits options for
em.ployees then the h.eakh iBSUfanee coverage f.or the employee and their
depoodents may be amended from. time to time. In this cOBneetion, should the
employees' cost to pro-vide dependent coverage f.or their dependents inci"ease
more than fifteeB (15) % during any fiscal year, the City agrees to open this
Artiole 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
I form an HtStH'iHtee 1J!~l,!r~rl~c,; i:!gyrsvr y committee to be comprised of an equal
number of non-represented members who are appointed by the City Manager and
I two (2 ) members from each of the ffiv .., C I t} ~ bargaining units. Bargaining unit
representatives shall be designated by the Union. The final decision regarding
selection of coverage is reserved to the City, but the City shall strongly consider
input and recommendations from the insurance committee.
78
I r A Clt~ of I3QY!.l!Qfll3~:-I<::h r A SEll j Florida Pubhc :'ervlc~~ Union CTW ( U
I Clt\ Proposal
J!lhJ009
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.
79
I TA{'itu)[ Bovnton Beach _ .... T A SElU Florida Public Services Union CTW, CLC
I
ARTICLE 39
39.0 TUITION ASSISTANCE PROGRAM
\\) 2. ',\ J]l~__Iui tio n_i:\ssistJ!c!lQ~_PrQgrarnf!cs_1iesg:i beet i n JheAdm ini str~L~~ p Qli~)
Manual (APM) will be follow~~t _Ref~It\LQ4,Q]'Q.1,-Organizational and StrategIc
Development PoliGi~, IllitiQll t\~~L~I:mGe Pmgrarn iILth~APMforflJ2e_Gitjc~
PURPOSE\
---- Defines the Tuitioo AssistaBoe Program, 'J.'mch reimburses eligible employees for
successful completion of approyed oourses up to a $1,500.00 cap for Associate
degrees, a $2, 000. 00 cap for Baehclors aegrees, llBd a $3, 000. 00 cap for gr~uate
degrees per fiseaI year for tuition aDd books. The City makes no commitmeBt to
employees that ad'.;aooiflg their educatiOB will result ifl either a prometion Of pay
mcrease.
. 39.2 SCOPE
----
39.2.1 The proyisions oftms procedure shall apply to all full time employees
';,,'00 eh.oose to attetid an accredited oollege or 1JBi';ersity t-o pursue an
approved degree ooarse.
39.2.2 liST OF RESPONSIBiliTIES:
8. All full time Employees
b. Di',ision Heads
c. Department MaBagers
d. Tuition ,l\ssistaooe Caordinator
e. Director, Orgaaimtioftftl and Strategio Dcyelopmeat (OSD)
f. Human Resouroes
39.2.3 DEFINITIONS
,i ~,j j , i Full time employee 8fl employee ':;ho has completed one
year of service with the City after hiring or promotion t-o full time
status.
: _ Tuition Assistance Coordinator Assigned designee who
coordinates the Tuition Assistance Progr8:Jll.
Direetor, OrganimtioBt\1 and Strategic D~epmen.t
}~signed persOfl woo supervises the Tuition ,A...-ssista.ftee Program.
_.: '.; ; j , . CAP Upper limit on dollar amount that the City
shall reimburse.
80
I I A <..)Ij pJ .B_Pll!tmtl2~1!fh I A ~ELl) PIQ!'I!:ta Publll.. :--'(.;1 \ I,"t;~ LJIlJQI1 crw t u
I Cit\ Proposal
hllL2009
39.3 REQUIREMENTS
39.3 .1 Eligibility
39.3.1.1 ~\pplieants shall Be full time employees Emd meet the roll<YNing
pertOrmeBee and leagtk of serviee reEf\:1iremeftts prier to BegiBBiBg
masses.
39.3.1.2 Full time efftfJloy-ees '.vllo wle eompleted tlleir oBe year probatioo.
Part time aBd Temporary Employees skall Bet Be eligiBle to
reeeive MUOO assistaBee.
~93 2 I. jJQJ ,13 _~____~Employees must maifl.taiB a minimum. or
eofftfJarahle r-atiBg of "meets standar6s" OB perfol'lBft:OOe reviews in
order to remain eligible ror tuition assistaBee.
. 39.3.2 ApplieatioB
----
,N --+! Li9:,.:c;,~LEmployees may apply ror reimbtH"SemeBt limited to
$1,500.00 per ~A.....".. or f~8, $2,000.00 per Dt~ or DS, aDd $3,000.00
ror grati1:late degrees eap per Fiseal Yearby eompletiBg the
ApplieatioB ror Tuitioo. Assistanee rorm (pDF. 021) available in
tile Organi2l&tioB&l & Strategie DevelopmeBt department, H1:HB8fl.
R-es01:H"ves departments, aDd Oft the "8" dri'le.
,;,L)4-1.-2,~i.} ;,22i\ppliE.'latioB is restricted to mitioft ft:B.d texts oBly ror
appro'/ed OO\H'ses r-eq1:lir-ed iB the program.
J9A-lj:~23 Appmval Cyele: Completed applications f-or Tuitioo
t~ssistaflee should be s1:lBmitted by the applyiag employee to their
ma:nsger for approval, thoo seftt th.r-ough. their area sigtHlture eyele,
ineltidiag their Div-isioB Directer and !boo t-o the TuitioB
Assistaflee CoerwlHltor 'lolio '.vill submit it to the Direeter
Organimtional & Strategie DevelopmeBt for fiB8.l awroval
-; 'L -1.J ,4-3loL} ~.. 4 The Direetor Organtisatiollfll 8fl.d Strategie Development
must approve applieations prier to attoodmg the first class to verify
the elass is eligible for reimbmsemeftt. Employees '.vflo hegiB
classes prior to approval by tliose listed OB tile Appr<y.'ftI Cycle will
BOt be reimbmsed. Ineomplete applieatiofts will be retumed to the
employee 8fl.d will delay appro\'8.l
81
I IA City of Bovnton Beach T A SEW Florida Public Services Union CTW. CLC
I
OrigiRal reooipts fOf mitioR and beoks should be sern: to the
Tuition Assistanoe CoordiRator as SOOR as they are available.
RcimbursemeRt will oot be made '.vithout origiRal reoeipts.
, , Fiaal appr'Oval of aU TuitioR Assistllfloe applioations rests
with the Director of Organizational & Strategio De..~lopme:Rt.
Job relatedness as aetemHaca 'by the City shall factor sigaifieaHtly
into the City' s decision to approve a giv-cn course or program.
\ L' ,:J., i /.. ,'.. I Once approy-cd, a copy of the application shall be fCWmOO
to the employee. This copy shools be sa';oo llfld re submitted with
the original course grade at the eDd of the course t'O the Tuition
,^...ssistanoo Coor-dinator. Courses or books that arc rejected from
reimburscmem shall be noted OR the oopy.
. 39. 3. 3 Seleotion of oourses and sohools
~
39.3.3.1 TuftioR ,^...ssistaBee is gTllflted at the City's sole diser-etioll ['Or
indivi8ual eourses based OR eoUfse eonteBt and job related faetors.
GeBefaUy, oourses must aid employees to impro-ve performaB:oo in
their preseRt jeb or prepare ror ad'lElll6emeRt withill the City. All
courses ill a degree program shall not be automatically coyeroo.
Electh,cs must be chosen to provide the greatest beneftt for the
employee's ClHToot position or a future positioR withiR the
orgB:Dimtion.
39.3.3.2 Colleges and universities must be aeoredited by the appr'9priate
regional aeereditiBg association, and must be included in Florida' s
IBdepeBBeRt LieeBsed Elfld '^1-eereEiited Colleges and Uni-;efsities
andJ'Or the Dwectory of AooreEiited mstitutions.
39.3.3.3 Colleges aBd Uni-;ersities graBtiag degrees by distaftee learning
media mast be aeeFeEiited by the appr-epriate regioft8:l aecreditiBg
assooiatioB, a.fld Hltist be ineluded the Directory of }\ooredited
Institutions. The ayailability of CO\:lfses at a ooffiHlanity college or
four year university in the loeal ar'6a, as '.yell as the ability of the
employee to att-eftd these classes, shall be a determining fnetor in
approying a oorrespendeaee eO\:lfse.
82
I fA ell)' of. !?9.Y!I!9!! 11~s:JI fA SEll) Flondn PublIC Scn H.:eijUlliqll CTW, CU
I ~.ill' Proposal
hijy1009
39.4 lfteligible CO\ifses
.N \oj 13 (j "t L CertaiB OOtifses shall be ooBsiaereEl ineligible for reimbtlf"SefBent
tmder all eife\imstanees, e".'eB if they ar-e a Elegree r-equiremeBt. Examples
of these types of eourses ar-e: physieel eEl>>eatioB &Bd sex eEl>>ea.tiOB elasses.
;:; L)~} :2:.~9 4 2 Seminars, of &By kiflEl, shall Bot be r'0imbtlf"Soo under the TuitioB
Assist&8:oo Program.
)t; fd':N43 The TuitioB Assist&Bee Program shall BOt ooY.'er classes that earn
COBtinuiftg BEl>>_oB Units (CBUs ).
.~~-{)..:l}'-f 4.~, Review eourses desigBed to "roaeh" the partieiPaBt to improve
- - .- -
their ehaaees iB passiBg a t-est, meh as a CP fA eKB.miBatioB or oo1108e
eBtnmce test (S~A..T), slt.tHlBat be oovered.
.i \J{} ,'i~itA,?i - CO\:lfses that are graEied OB a pass/fail OptiOB shall BOt be eligible.
;,~)(;()~;;94-0~COOf"ses that officially begaa prior to the employee beeoming
eligible for tuitiOR assistaBee shall BOt be eligible.
." q, {) 73(,) A/Courses issuing eredit fur "Life E~erieftee" or Portfolios shall BOt
be oovered.
39.5 :Materials aOO Fees
39.5.1 Eligible fer reim.otlrsemeBt.
39. 5 .1.1 ORe htHldreEl pereeBt (100%) of tumoB shall be reimbursed if a
grade of "B" or better is ea.med. Fifty pereent (50%) of mitioB
shall be reimbursed if a graEie is "C." There shall be BO
reimbllfSefBeBt fur oourses where the eamea grade is below "C."
39.5.1.2 Cost of all required books for wmeh aB original reeeipt is
submitted ell be reimb\:lfsed. Employees may be requireEl to
proY/ide dOGtlffleBtatioR that their professor or iBstmCitor re~-es
Cert&B books.
39.5.2 .lfteligible for ReimbursemeBt.
39.5.2.1 The fullowiBg fees shall be iBeligible for reimbursemeBt: aetivity,
admiBistfative, applieatioB, OO1:H"se ehao.ge, eBtraooe eJaHBS (e.g.,
SAT, GRE, GMAT), graduation, health, laboratory, late
registration, library, parkiag, registration, tr8flSocipt, ete.
39.5.2.2 The follO"mBg equipment, supplies or misoolla.neoos eosts sll&ll be
ifleligible for reimbursemeBt: peBS, peBeils, folders, Batebooks,
83
I IA City of Bovnton Beach T A SEIU Florida Public Services Union CTW, CLC
I
study guides, private tutoriag, oaloolators, tape reoor{}ers,
phetographic eqaipment or supplies, computer equipment or
supplies, software, et-c.
39.6 Tuitioo and Books
Eligible for Reimbursement
. q." I l .', 'j "'" l The m&Kifft1:HR per hel:l:f r-eimbursement will be based on the
current tuition rates at Public mstimtions in the area, and is limited
to tuition and texts only for approved courses.
_"'1'..});. :,. ..,: 1 k The aPf>I'O'..ed oopy of the Apt>lication for Tuition
A-ssistaROO f-ortn shall be doeumefttatWn that the employee is
eligible for Tuition AssistaROO in aceordaRCe with City policy.
This aPf>I'o'lal does not imply the City "."Jill aocept respeftsibility to
pay the employees tuition to the sehoal or aRY other party.
...., ,j : .\ Tuition aRd books which are paid by studeRt loans are
covered under this policy. Employees must produee proof of
studeRt loan if they are not the payee on the registration
documeRtation.
.: Employees will be reimbursed the differeooe be1M'een the
amount coYJered by ROB refundable f1ft8.Bcial assistaftce and the
total oost of tuitioB and boaks up to the maximl:lm of the amooRt
allowed under this policy when the cost of tuitiofl and books
CK-oood the limit of the scholarship or Maneial aid. Employees
must pro...ide proof of futaooial aid and or the yalue of the
soholarship.
84
I r A <. 'ity of Bml}tQI1 Be,!ch I A SEIU 1;londa Publll.. ~er\lu..:~ Umon ('TW CU
I ~ity Proposal
~009
, " >.; ~ -. D ., IB I" "131 t4 ". 13 t
Hct,.,J.:) J-f7~... e Igl e or "eHB 1:IfSeffieH
;t>-:--S-:-2 .l3:'l:'~~c:2~J'. COlH'ses which are cW/ereEl1.fllder MY BOO refuBElable
fiB&aeial aid, iBCh:u:tiBg scholarships, 8Bd govenmumt assistaBee,
are Bot oo~:ered untier this poliey. Employees mlly Bot suemit
claims for reimhursemeBt for tuitiOB or eooks, which are covered
ey BOB refuBdable tmaBeial assistaftee.
3',r),;9 7 . Terminated employees
~l) q 139 7.1 If an employee reeei>';es apprw/al for a partioular semester a:Bd
begins atte&diBg classes, but is in~y'Okmtarily temHBated by the City prior
to the oompletion of the COHrses, the City may at its sole tiiseretion
reimbuf'Se the oo~..'efed eKpeBges. The oourse must ha~;e already started
prior to the iB~;oll:lBtary terminatioo fur reimB1:Ifsement t-e ee paid.
,y L).,2~"-I.7.!. ..Employees ~Nho ~/oh:lBtarily leave their employment or are
termiBated "for cause" will ee required to reimb1:lfse the City 100% of the
tuition assistBBee received duriBg the 24 month period prior to their
tenBiftatiofl date.
39.8 Submission of Gt-ades
)(1 l 13"-1 g j A copy of the appro'/ed Application for TuitioB LA..ssistaBce form or
a faesimile shall be re submitted to the T1:lition Assist8Bee Coorttiflator
a10flg with the OrigiBaI grade reflort aDd aBy remaining OrigiBaI receipts.
5; UI 2.~ l.) g.;t Approvoo applications will be held for fo\H' (4) weeks after the
8Btieipated eOlH'se oompletioB date. Gt-ades or receipts Bot preseDted by
this time shall BOt ee reime1:lfsed.
I:J3~.g.j Employees '..viII US\:lally be reimb1:lfsed for appro'/ed CO\H'ses
- -. --. --- ..--
':lithin fo\H' weeks from submission of the fiBRI grade report. All
reimbursemeDts shall be paid ey City cheek.
5\1 i439g.4 . If a degree is eamed, a copy must be submitted to the Tuitiofl
f..ssistance CoordiBator so that it may ee included in the employee' s fIle.
~'9 . J3<t.:...":L,_ __ ___. .Dise1:lfSemeBt
39.9.1 Tuitioo assista1l0e will be grant-ed up to 8Bd ineludiBg availaele funds in.
the budget for the fIscal year. At BO time ~;lill reimb\H'semeflts exceed the
available fi..mcis iB the current fiscal year eudget.
85
I I A Ci!Y..Qf Boynton Beach T A SEIU Florida Public Services Union CTW. CLC
I
39.9.2 Reimbursements will Bot be retroaeti';e and will OO'.'Cf oBly those classes
taken iB the fisee.l yeM iB whieh they applied.
39.1 () RespoBsibility ltnd }..uthority
39. 10. 1 Ma:aagemem:, at all levels, shall be respoBsible for eflforeiBg this poliey
.....ithin their Mea.
39.10.2The interpretatioB afld administration of this polioy shall be the
respoBsibility of the Director of Organizational and Strategic
Developmem:.
39.10.3Thc Dir'6etor of Orgamatienal &BEl Strategic DC'+'elopment or ltssigned
aesigoo0, shall be respoftsible for the audit, approval, aad prooessing of
tuition llSsistaooe applleations and reimbursements.
86
I r /\ .Clty of BQ.~ 1.!191!~~i!c:h IA Sf::JU Flonqa PublIc ~el\lCesUnlQn CTW U (
I City ProDosal
July 2009
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
of the 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 from 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 Uniforms will be provided annually as follows, unless otherwise indicated below:
Application Technicians 6 Shirts, 2 Paats
4 Shirts, 3 Pants
I 911 Communications- €) Shirts
4 Shirts '"'~ \ . ,-f/
Code Enforcement 6 gffiflo. 5 P8ftt!l. 1 Jaekel (Bi i\n.......Iy). '" 1 ' \ \ L
2 B85eball eaps \ fJ '
4 Shirts, 3 Pants. 1 Jacket (Replacement), /. ,
Utilities Field Inspectors 1 Baseball Cap ~/
6 Shirts, 2 PaRts, 1 Jaek-et (Bi ~,),
2 Baseball eaps /
4 Shirts. 3 Pants, I Jacket (Replacement)~
1 Baseball Cap
Plan Review Analyst 6 Shirts, 2 Pants, 1 Jaek-et (Bi :\1m\l8l1y),
2 BasehaU eaps
4 Shirts, 3 Pants, I Jacket (Replacement),
I Baseball Cap
87
ITA City of Boynton Beach TA SEIU Florida Public Services Union CTW. CLC
I I t j~lLJl:'_~~;
'"h "onl
$Je Pl'!!LRe'{i~'&Ai~~Jy~t 1 Shirt::"JjjgtU1~, 1 hu,.;kd t1~.eJ2A!a<':~IJ1~m
LBasebalI C<:tP
'Service Writers ~ Shirts, 5 PBflts
4, Shirts
--. _.,~--- ,...,--~--- .--
W9.te~,~;~b TeehRiei8B.S_; ~~~ ~:ts, 1 Jaeket (Bi l\8ft6ftlly),
,
L-aboratory Technicians 4. Shirts, 3 Pants,JJacket (Replacement)
1. Baseball Clill
Laboratory Technicians, SL 4 Shirts, 3 Pants,JJacket (Replacement)
IBaseball (~@
Laboratory ~iel(LI~chnicians 4 Shirts, 3 Pants, LL<!.~~~UReplacement I
1 BasebaU.C@
Poliee Rooords Technicians 6 Shirts, 5 P8ftts
Fire Inspeetors, CoH11n1::H1ity Service Officers, Police Crime 8ceBe Teelmicians
p-olice and Fire Department and other employees covered by this agreement, but
not listed, will be issued uniforms accordance with the Department policy. The
cost of the uniforms shall be borne by the City. Employees are required to return
uniforms to the City when they terminate employment.
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
I wear City polo shirts in the color choice of the City. The City shall provide ~
~ 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 Development
BuildiRg 8ftd Oceupational LiecBfle Department, and who are regularly required to
use their personal vehicle for City business shall reaeiye receive reimbursement
for actual mileag~..used. and recordedg!l~L lo,.g sheeh_11 $490.00 monthly eBf
allo\v8ftee.
88
I TA.(;j!yofBoynton Beach JASEn) EJQrid~ J'!!l2li~' S~pvJ.ce~LJJlion_(.:]'W ,(;""~
I ~1!Y Prop<)sal
,Ml.1QQ2
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 of the form from 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 authQrized 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 of the 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 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.
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:
89
I TAi:!tv of Bovnton Beach__ TA SEIU Florida Public Services Union CTW. CLC
I
NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTIONIDISCONTINUA TION OF UNION DUES
_I hereby authorize my City to deduct from my salary each pay period my Union
dues, as certified to the City by the Union, and to transmit this amount to the
Treasurer of the Union.
_I hereby authorize my employer to deduct from my salary each pay period my
COPE deduction of $1. 00 per week, as certified to the employer by the union, and
to transmit this amount to the Treasurer of the union.
I understand that this authorization is voluntary and I may revoke it at any time by
give my City and the Union thirty (30) days advance notice in writing.
Date Signature
Job Title Name Printed
Social Security No.
90
I, A elL) of l3omLQ!I ~~f1(;ll I A SEll) Flopgg PUQhc ~er\I(;G_~ LJJ119fl CT\v l U
I C It> Proposal
July 2009
ARTICLE 42
42.0 PENSION
Employees will continue to participate in the employees' pension plan of the City
of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's
annual actuarial valuation report will be provided to the Union, in its entirety,
upon request from the Union.
91
I IA Ci!y.of Bovnton Beach _. . T A SEIU Florida Public Services Union CTW. CLC
I
ARTICLE 43
43.0 SUBSTANCE ABUSE
43.1 lJ~,l1nioru:_esogmzys_~nQ Sl1QPoIts 1l1~Ci1y_ s _QrugEre~_W.olkI21ac~J)pli~y ill t ht
'''''...... -. C_l1rr~ntJ'::itJ OrQ!lance and _wi]Lworh_~:y"iJhJhe_ City-to_ enforce th~p-ro\/i~tQI1,s. 9 j
'~ th~J2Qli5,:Y_ Jt j~~r~~Qg!lized~)'__L~ UniQnJhflL1he i:'i1Y:S QJJJ$ fr~e WQlhpIflcGi.'
-.,
, POlicy ~P-l2li~~ 1.0 ~II m~mb~rs \)f thi~_b(lIg<!il1il}g Ut1lt
\
\.
,
The NCFO, LOC~-\L 1227 ~~J1LWhi.!~ Collar_~olJectlY~ Jt~fgaining::!hllt reoognizesftfld
supports tae City's Drug Free Workplace Policy as adopted in. th~:PgI~~1I!Jl~.j
~.:...Manual;~ City Code 2 19 a-n.d TNill work with the City to enforce the
provisions of the policy. Tae City's Drug Free 'Norkplaee Policy applies to all
members of tkis bargaining unit. Drug testin.g proeedmes an.d positP/c test levels
shall be as set forta in. Florida Statut-e 112.0<H5, Florida's Drug Free Vlorkplaee
Act, and F~A...C 4L 9.015. Positive test levels for employees who are oogaged in
operation of vekieles or eq1:lipment and covered by other sState or federal
reg1:11ations saall be as established by taose reg1:11ations.
92
I Li\ l'l t} 0 f B ()y IJJ911 J.3~i!C h IA SEILJ FlorIga PublIc ~Cr\l(;~s LllI1QIl ('TW eLl
I City Proposal
fuly 2009
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 from the date of hire.
Promotion from Part-Time to Full-Time:
I Each promoted employee must successfully complete a probationary period of
twelve months from the date of promotion.
I Upon successful completion of the 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
LQlmonths from 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 from the date of transfer. Probationary employees, whether in their
ftrst year as an employee or in their six-month promotional probationary period
have no property entitlement to their position.
I
93
I TA CilY..Qf Bovnton Beach ,_.__ T A SEIU Florida Public Services Union CTW. CLC
I
ARTICLE 45
45.0 LONCEVITY BENEFIT
45.1 Employees eligible are those employees who:
&:-_Ha~t'e beeR employed with. the City on. a regular full time basis Mid continuous
basis for a miRimum of five (5) years
b.Have an overall "Meets Standards: or above ratmg on. the previous employee
evahlation
45.2 Employees will recei':e a cash Lump Sum. Benus as follows:
OR the empleyees fifth. (5th) amHversar; a lump S\im payment of $500.
On the employees tenth (10*) anniversary a lump sum bonus payment of $1000.
On the employees fifteeRtB. (lsthl atmi-versary a himp s~ ~~ ~!.~~ ~$~,5:.
On the empleyees ~.eB:tieth. (20 ) amHversary a lump sum bonus payment of $2,000.
On the empleyees tweRty :fifth (251\) amHversary a lump sum beaus payment of $2,500.
On the empleyees thiFtieth (30th) amHversery a lump sum beftus payment of$~,OOO.
On the employees thirty fifth ~5th) anniversary a lump sum benus paymem of$3,5oo.
On the employees fortieth (10 ) anniversary a lump sum bonus paYmeflt ef$4,000.
45.3 Any pay earned for Loagevity Benefits is subject to requH-ed Federal deductions.
45.4 Empleyees '.vho termiRat-e from the City empleymcnt prior to their hire
a.mHversary dat-e will BOt he entitled to bCftCnts,
94
I IA (it:. pC E3oy!ltQI} B~<!<;h rA SEll) Flonci3 Pu.bhc SQnlces tJnlQIl CTW lit
I City Proposal
Lulv 2002
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.
95
I TA CityofBoynton Beach _______TA SElU Florida Public Services Union CTW, CLC
I
ARTICLE 47
47.0 LABOR-MANAGEMENT
47.1 A joint labor/management committee composed of an equal number of
representatives from 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.
96
I TA ('HI 01 BO.UI1Qn Be.a.ch I A SEILJ Floricia Pllbhc Sef\lct;S Lilllon CTW, eLl
I City Proposal
.!li!.Y)OO9
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.
97
I "fA City of Bovnton Beach _________ __IA SEW Florida Public Services Union CTW. CLC
I
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.
149.2 If (i past practice, PL~YIl).\,t::;I'y(iQilil)\'.':l1 b) lb.t.: l)t:jJgJJDl~!ll Vl!t:~lLH or III e 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.
98
I fA, l)tj of~Ql.!l!QJ! Beilgll fA Sf:IlJ Flonga Publl'': St;:[\IgesJJrllon CTW. l U
I ~ilV Proposal
Julv)OO9
ARTICLE 50
50.0 POSTING OF AGREEMENT
-.i:! ) ~. Q_ 1__ ___ _ __ _The City will maintain a copy of this Agreement for inspection in the
Human Resources Department.
I ~~d) ()~----- _The City will post a copy of this agreement, as ratified, on the City's web
page.
oL~cSSt)L___The City will provide the NCF&O 8EIU White Collar Union witk a 00py
of this agreemeRt OB oomplWt disk.
50.4 The City will provide eacll Be'.\' emplayee '.vith a copy of this Collective
Ba-rgainiag }1greemoot at tke time aftlieir initi&l orieBtatioB.
99
I TAGh of Bovnton Beach ________ ____ _ T A SEIU .Florida Public Services Union CTW. CLC
I
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 article in this agreement, in
which case the terms of this 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.
100
I I A Clly off392!ltQ!LBc<!<.<IJ fA ~E:IU FlondaP1Jbhl Sl:l\lc;CS l)lll{)ll CTW. l L(
I City Proposal
July 2009
ARTICLE 52
52.0 DURATION
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,
~2010. No wage or benefit provided herein is retroactive in nature prior to the
effective date ofthis Agreement. Wage and benefit levels existing on September 30, ~
2010 shall be frozen as of that date and shall constitute the status quo during any period
of negotiations for a successor agreement.
I Agreed to this day of . ~2009 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
I 8hMeB }.iuBley Ed Burke
_0.- .._ .._ .._.._.._.._, ._.._. ._.'_.._0'_ "_"_" _. ._.,_. ._.._. ._.._ .._ .._. ._.._ .._. ._.._.,_..
CITY OF BOYNTON BEACH
MAYOR Witness
Jerry Taylor
_'0 _ .._.._.._ .._.,_ .._. 0_ .._. ._., _ 0'_" _"_"_"_"_ ,,_.._.._.. _.._.._.. _.. _.._ ,._. ._.._.,_..
ATTEST
CITY CLERK Witness
Janet Prainito
- ..- ..-..-. .--.-.,- ..- "-' .-..- ..- ..- ..- ...- ..- ..-. .-.,-..- ..-..- ..-..- ..-. .-..-.. -..- ..- ..-..
APPROVED AS TO FORM AND CORRECTNESS
CITY AITORNEY CITY MANAGER
James Cherof Kurt Bressner
Date ratified by Commission: Date ratified by Union:
101
ITA City of Boynton Beach T A SEIU Florida Public Services Union CTW. CLC
I -il.r_t'fOVU~~;
luly ~OO9
The City and the Union bargaining teams consisted of the following individuals:
City: Union:
Kurt Bressner, City Manager Carl Booth, Chief Negotiator
James Cherof, City Attorney Skip Lewis, Union Steward
I Lori La V erriere. Assistant City Manager Robin Eichorst, Union Steward
Sharyn Goebelt, Dir. Human Resources
Marylee Coyle, Asst. Oir. Human Resources
I Bobby.JeBkifts Tim Howard, Asst. Oir. Financial Services.
102
ITA City of Boynton Beach __. T A SEIU Florida Public Services Union CT~_CLC
I City Proposal
Julv 2009
I CITY PROPOSAL
AGREEMENT
BETWEEN /\0
I /
~ CITY OF \~ B~qV I RIDA
- \/ \
THE N~TIONA~RENCE OF
FIRE~ OIL , IU, AFL-CIO, CLC
LOCAL 1227
WHITE COLLAR BARGAINING UNIT
I October 1, ~2009 - September 30, ~20 1 0
. ~. ~.ft~'O;,~" .
r~ ',; ,l':~,
S"" .~!"'l':;'r:",,.{t~:\ '1.J
" t. .,_. ..- ,\., - looiiIIlIit IoU"
CH'1 C~ -.i:'~"S Ortie>
';J.~ .,..1"" v
1
I IAQ!y.of Boynton Beach_____ ___ __.TA S.EIUJ:lorida Public Services Union CTW. CLC
I
TABLE OF CONTENTS
ARTICLE 1 ................ . .... ........... ....... , " ." .. - ..,.... . ...5
1.0 PREAMBLE ................................. . "'...-. ... ..., .. 5
ARTICLE 2 ....................................... .... ..... " ,.,. ."..,. .., . 6
2.0 RECOGNITION.............. .. .. ............ .... ....... . .... ... .. 6
ARTICLE 3 ................................................ . . _ . ,'.. .... 7
3.0 RIGHTS OF EMPLOYEES............. .. . ",. ..... 7
AR TI CLE 4 ................................................... . . . . . . .. . .. .... .. ................... .8
4.0 MANAGEMENT RIGHTS .............. . . . . . . . . ." ..... .... .. ... .8
ARTICLE 5 .................. ................... ... . .... . ................ .... ......... ...... 10
5.0 STRIKES ......... ..... ..... .............. .0.. o .. ...., .... 10
AR TI CLE 6 ................................................... ........................... . .. . . 1]
6.0 NON-DISCRIMINATION................. .......... . ................ ....... ... ] 1
ARTICLE 7.0 ................................................ ....... ... ........... .. . ...." . 12
7.0 REPRESENTATION OF THE CITY... .... .. ..12
ARTICLE 8 ................................................. . ...... .. .... ... . ","" 13
8.0 UNION REPRESENTATION.......... ... .-, - ... . 13
ARTICLE 9 ................................................. ....... ..... . ,. ..." .... . 15
9.0 COLLECTIVE BARGAINING ... ............................. ........... .... 15
AR TI CLE 1 0 ............................................. .. .......... . . . . .. ,. . .. ...., . . J6
10.0 UNION TIME POOL ...... ............ .........,.. ,.. .,...>.,.. ... ,.. ..... . 16
ARTICLE 11 ............................. ................... ",.. . . 18
11.0 BULLETIN BOARDS................ 18
ARTICLE 12........................................... . ... ..... . . . .0- ,. ... 19
12.0 PROGRESSIVE DISCIPLINE........... ... .... ...... ..... 19
ARTICLE 13 ............................................. . ... .... . .. . . . . . . . . . . . .. . ..". ...... 31
13.0 GRIEV ANCEPItOCEDURES......... ., ..... ..". .. ... 31
ARTICLE 14 ... ........... ........... ...... ..... ... .................... ...... ,< .....37
14.0 BASIC WORK WEEK AND OVERTIME..... ... .... 37
ARTICLE 15 ...................................... ........ ... .. _... ......... 40
15.0 COMPENSATORY TIME ... .................... . . ......... . . . . . . . ..... 40
ARTICLE 16 ...................... '" .......... ... .. . .... . ... ....... , ..... .41
16.0 WAGES ............ .....,........ ................... . ..... 4]
ARTICLE 17 ............................................................ ... ...................... ... . ... 43
17.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS. ...43
ARTICLE 18................................................... .......... ...... .... .46
18.0 STANDBY ANDCALLBACKPAY... ...... ............ .46
ARTICLE 19............................................. .......... ... .. ......... . .. 47
19.0 EMERGENCY PAY POLICy........... . ..... - ............ ......47
ARTICLE 20 ........................................................... . . ... ..- ....... 5 ]
20.0 CERTIFICATION PAY. ......... ....... ....... . . . .. .... .... 51
ARTICLE 21 ............................................... _.............................. . .... . 52
21.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES..... - ,.... . .52
2
I, A City 01 8oYIII()I1.I3,c:lgh I A SEW Flond~ PlJPIIC SerYA~c1> LJllIOIl CTW U (
Page I of 1
Cherry-Guberman, Catherine
From: Cherry-Guberman, Catherine
Sent: Tuesday, December 01,20099:13 AM
To: Rodriguez, Jose
Subject: Minutes of the August 26, 2009 White Collar Meeting
Attachments: Minutes 08-26-09.pdf
Hello again,
Now we go to the White Collar minutes. Are you sick of me yet?
Best,
Catherine Cherry
Recording Secretary
12/1/2009
Page 1 of 1
Cherry-Guberman, Catherine
From: Cherry-Guberman, Catherine
Sent: Tuesday, December 01,20099:17 AM
To: Rodriguez, Jose
Subject: White Collar Meeting Minutes of September 16, 2009
Attachments: Minutes 09-16-09.pdf
Greetings Jose!
This is the last meeting from me.
Best,
Catherine Cherry
Recording Secretary
12/1 /2009
Page 1 of 1
Kahn, Stephanie
From: Kahn, Stephanie
Sent: Wednesday, November 25,20098:27 AM
To: Carl Booth; Coyle, Marylee; Eichorst, Rob; Goebelt, Sharyn; Howard, Tim; LaVerriere, Lori;
Lewis, Skip; Lloyd, Vicki; Low, Michael; Rodriguez, Jose
Subject: Minutes of October 14,2009 White Collar Bargaining Session
Attachments: Minutes 10-14-09.pdf
Attached are the above-referenced minutes.
Best regards,
Stephanie D. Kahn
Recording Secretary
11/25/2009
Page 1 of 1
Kahn, Stephanie
From: Kahn, Stephanie
Sent: Wednesday, November 25, 20098:23 AM
To: Carl Booth; Coyle, Marylee; Eichorst, Rob; Goebelt, Sharyn; Howard, Tim; LaVerriere, Lori;
Lewis, Skip; Lloyd, Vicki; Low, Michael; Rodriguez, Jose
Subject: Minutes of the October 7, 2009 Bargaining Session
Attachments: Minutes 10-07-09.pdf
Attached are the above-referenced minutes. The October 14, 2009 minutes will
follow immediately.
Best regards,
Stephanie D. Kahn
Recording Secretary
11/25/2009
Kahn, Stephanie
From: Howard, Tim
Sent: Wednesday, November 25, 2009 8:23 AM
To: Kahn, Stephanie
Subject: Out of Office AutoReply: Minutes of the October 7,2009 Bargaining Session
I will be out of the office from Friday, November 20, 2009 thru Thanksgiving. Will be in
the office Monday, November 30, 2009. If you need to speak with someone please call
561-742-6310.
1
Kahn, Stephanie
From: Lloyd, Vicki
Sent: Wednesday, November 25, 2009 8:23 AM
To: Kahn, Stephanie
Subject: Out of Office AutoReply: Minutes of the October 7,2009 Bargaining Session
Have a blessed and wonderful Thanksgiving.
Will respond to e-mai's on Monday the 30th, if you need assistance before then please
contact:
Janice Phillips x6243- Supervisor at the Civic Center.
Th a n ks
1
Page 1 of 1
Cherry-Guberman, Catherine
From: Cherry-Guberman, Catherine
Sent: Wednesday, November 25,20098:06 AM
To: Goebelt, Sharyn; LaVerriere, Lori; Coyle, Marylee; Howard, Tim; Aaron, Stewart; Low,
Michael; Lewis, Skip; Lloyd, Vicki; Aaron, Stewart; Eichorst, Rob;
'Carl. Booth@SEIUFPSU.org'
Subject: White Collar Minutes of September 16, 2009
Attachments: Minutes 09-16-09.pdf
Greetings!
Attached are the White Collar minutes of September 16, 2009
Best,
Catherine Cherry.
Recording Secretary
11/25/2009
Page 1 of 1
Cherry-Guberman, Catherine
From: Cherry-Guberman, Catherine
Sent: Wednesday, November 25,20098:12 AM
To: Goebelt, Sharyn; LaVerriere, Lori; Coyle, Marylee; Howard, Tim; Low, Michael; Lewis, Skip;
Lloyd, Vicki; Eichorst, Rob; 'CarI.Booth@SEIUFPSU.org'
Subject: White Collar Minutes of August 26,2008
Attachments: Minutes 08-26-09.pdf
Greetings!
Attached are teh August 26th White Collar minutes.
Best,
Catherine Cherry
Recording Secretary
11/25/2009
Page 1 of 1
Kahn, Stephanie
From: Kahn, Stephanie
Sent: Thursday, November 19, 2009 10:28 AM
To: Carl Booth; Coyle, Marylee; Eichorst, Rob; Goebelt, Sharyn; Howard, Tim; LaVerriere, Lori;
Lewis, Skip; Lloyd, Vicki; Low, Michael; Rodriguez, Jose
Subject: Minutes of White Collar Bargaining Session of September 23, 1009
Attachments: Minutes 09-23-09.pdf
Attached are the above-referenced minutes.
Best regards,
Stephanie D. Kahn
Recording Secretary
11/19/2009
Page 1 of 1
Kahn, Stephanie
From: Kahn, Stephanie
Sent: Monday, November 16, 20092:56 PM
To: Carl Booth; Coyle, Marylee; Eichorst, Rob; Goebelt, Sharyn; Howard, Tim; LaVerriere, Lori;
Lloyd, Vicki; Low, Michael; Rodriguez, Jose
Subject: Minutes of White Collar Bargaining Session of September 9, 2009
Attachments: Minutes 09-09-09.pdf
Attached are the above-referenced minutes sent on behalf of City Clerk Janet
Prainito.
Best regards,
Stephanie D. Kahn
Recording Secretary
11/16/2009
Page 1 of 1
Kahn, Stephanie
From: Kahn, Stephanie
Sent: Monday, November 16, 2009 3:01 PM
To: Lewis, Skip
Subject: Minutes of White Collar Bargaining Session of September 9, 2009
Attachments: Minutes 09-09-09.pdf
Hi Skip,
Attached are the above-referenced minutes on behalf of Janet Prainito, City Clerk.
Best regards,
Stephanie D. Kahn
Recording Secretary
11/16/2009
:f l/f. I. j 'J- 7
WHITE COLLAR BARGAINING SESSION OF AUGV&f 16, 2009 WAS TAKEN BY
DOROTHY MACK OF HR
" l
'"
CITY OF BOYNTON BEACH, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: 06 Personnel Policies Policy No. 06.09.03
SECTION: 09 Hours of Work Page: 1 of 2
SUBJECT: 03 Compressed Work Week
PURPOSE:
This policy establishes a compressed work week schedule for full-time employees. Following
implementation, employees may work the following hours:
1. Four (4), ten (10) hour days or
2. Four (4), nine and one half (9.5) hour days or
3. Four (4), nine (9) hour days or
4. Three (3), twelve (12) hour days and one (1) four (4) hour day.
The compressed work week will reduce traffic congestion by enabling employees to travel during off-peak
hours, improve the green effect by reducing the City's carbon footprint, reduce energy costs by closing
City facilities on Fridays and improve public accessibility to City services by extending City Hall hours on
Monday through Thursday.
PROCEDURE:
1. Effective June 8, 2009, City Hall, including the West Wing, will shift to a four (4) day schedule,
Monday through Thursday and will be closed for public business on Fridays. Business hours will
be from 7:00 AM. to 6:00 P.M. Employees who work at City Hall and in the West Wing will work
a compressed work week. Public Safety employees will work as scheduled by their Department
Heads.
2. In other departments the Department Director, with the concurrence of the City Manager will
determine if his/her Department/Division will participate in the program.
3. It is not the intent of this policy to have exempt managerial employees document each and every
hour that they work. Management may require documentation of work schedules for the purpose
of monitoring productivity.
4. An employee's lunch break may vary from thirty (30) minutes to one (1) hour at the Department
Director's discretion with a corresponding extension or reduction of the employee's start or end
time.
5. An employee, who works the compressed work week schedule and takes vacation or sick time,
will have accrued leave time hours deducted from his/her leave bank based on the work hours
established for his/her workweek. For example, if an employee's normally scheduled work hours
on Monday are ten (10) hours and he/she takes a vacation day on Monday, his/her vacation
leave bank will be charged for ten (10) hours.
6. When a City designated holiday falls on Monday, Tuesday, Wednesday or Thursday and the City
is closed, employees will be paid eight (8) hours of holiday pay. An employee may receive ten
(10) hours of pay by applying two (2) hours of vacation leave, or non-exempt employees may use
two (2) hours of compensatory time. Employees may also elect to take two (2) hours of excused
unpaid time on a holiday.
7. A holiday that falls on Friday, Saturday or Sunday will be treated as a floating holiday; eight (8)
hours will be added to the employee's vacation leave bank
8. Employees may request in writing to reduce their work week to 36 or 38 hours with a reduction in
pay. Holiday hours, vacation leave and sick leave will also be adjusted accordingly. The signed
written request must be attached to an Employee Activity Report (EAR) (Exhibit A) approved by
the Department Director, Human Resources and the City Manager. Hours may be adjusted
quarterly or seasonally.
, ..
EMPLOYEE ACTIVITY REPORT EXHIBIT A
City Of Boynton Beach
Name: Employee:
Department: Division:
Account #: Date:
D EMPLOYMENT REQUISITION Department will share advertising costs: DYes D No
Requestor Effective Date:
Job Title: Job#:
o Contract D Part time o Seasonal Shift:
Days/Hours:
D Full time o Temporary
Pay Grade: Salary: Hourly: Annually:
D Replacement for: Name Reason/ Date Internal Applicants Only: 0 Yes 0 No
State Preferences Not Included
in the Job Description:
Dept. Director: Date: City Manager: Date:
Attach justification for this request and forward to Human Resource Director.
D NEW HIRE D ADDRESS/PHONE/NAMECHANGE Emergency Event Designation Code:
Address: Effective Date: Location:
City/State/Zip:
Phone #:
D EMPLOYEE ACTIVITY Attach Documentation '(Cxplam m "ommen... seer/un} SELECT ONE)
DTransfer* DPromotion D Administrative Leave* DFMLA Leave
D Reclassification DDemotion* D Temporary Assignment*( % Change) D Pre-Determination Hearing
Deell Phone Allowance Amount$ o Performance Evaluation or Merit Increase
Effective Date: Location:
Scheduled Hours: From: To: Dates*:
From Dept. # Dept. Name
To Dept. # Dept. Name
From Job#: Job Name
To Job #- Job Name
From Pay Grade: To Pay Grade:
SALARY CHANGE: From: To: Hourly: Annually:
COMMENTS: Justification for
action or additional information:
0 RETIREMENT o RESIGNATION (Attach Resignation Letter) 0 TERMINATION Attach Documentation
Last Day: Effective Date: Reason:
Human Resources Use Only
Birth Date EEO COBRA TERM
Department Head Date Human Resources Date
City Manager Date Employee Date
." l
1..
CITY OF BOYNTON BEACH, FLORIDA
ADMINISTRATIVE POLICY MANUAL
CHAPTER: 06 Personnel Policies Policy No. 06.09.03
SECTION: 09 Hours of Work Page: 1 of 2
SUBJECT: 03 Compressed Work Week
PURPOSE:
This policy establishes a compressed work week schedule for full-time employees. Following
implementation, employees may work the following hours:
1. Four (4), ten (10) hour days or
2. Four (4), nine and one half (9.5) hour days or
3. Four (4), nine (9) hour days or
4. Three (3), twelve (12) hour days and one (1) four (4) hour day.
The compressed work week will reduce traffic congestion by enabling employees to travel during off-peak
hours, improve the green effect by reducing the City's carbon footprint, reduce energy costs by closing
City facilities on Fridays and improve public accessibility to City services by extending City Hall hours on
Monday through Thursday.
PROCEDURE:
1. Effective June 8, 2009, City Hall, including the West Wing, will shift to a four (4) day schedule,
Monday through Thursday and will be closed for public business on Fridays. Business hours will
be from 7:00 A.M. to 6:00 P.M. Employees who work at City Hall and in the West Wing will work
a compressed work week. Public Safety employees will work as scheduled by their Department
Heads.
2. In other departments the Department Director, with the concurrence of the City Manager will
determine if his/her DepartmenUDivision will participate in the program.
3. It is not the intent of this pOlicy to have exempt managerial employees document each and every
hour that they work. Management may require documentation of work schedules for the purpose
of monitoring productivity.
4. An employee's lunch break may vary from thirty (30) minutes to one (1) hour at the Department
Director's discretion with a corresponding extension or reduction of the employee's start or end
time.
5. An employee, who works the compressed work week schedule and takes vacation or sick time,
will have accrued leave time hours deducted from his/her leave bank based on the work hours
established for his/her workweek. For example, if an employee's normally scheduled work hours
on Monday are ten (10) hours and he/she takes a vacation day on Monday, his/her vacation
leave bank will be charged for ten (10) hours.
6. When a City designated holiday falls on Monday, Tuesday, Wednesday or Thursday and the City
is closed, employees will be paid eight (8) hours of holiday pay. An employee may receive ten
(10) hours of pay by applying two (2) hours of vacation leave, or non-exempt employees may use
two (2) hours of compensatory time. Employees may also elect to take two (2) hours of excused
unpaid time on a holiday.
7. A holiday that falls on Friday, Saturday or Sunday will be treated as a floating holiday; eight (8)
hours will be added to the employee's vacation leave bank
;'.
8. Employees may request in writing to reduce their work week to 36 or 38 hours with a reduction in
pay. Holiday hours, vacation leave and sick leave will also be adjusted accordingly. The signed
written request must be attached to an Employee Activity Report (EAR) (Exhibit A) approved by
the Department Director, Human Resources and the City Manager. Hours may be adjusted
quarterly or seasonally.
. .
EMPLOYEE ACTIVITY REPORT EXHIBIT A
City Of Boynton Beach
Name: Employee:
Department: Division:
Account #: Date:
D EMPLOYMENT REQUISITION Department will share advertising costs: DYes 0 No
Requestor Effective Date:
Job Title: Job#:
o Contract o Part time o Seasonal Shift:
Days/Hours:
o Full time o Temporary
Pay Grade: Salary: Hourly: Annually:
0 Replacement for: Name Reason/ Date Internal Applicants Only: DYes 0 No
State Preferences Not Included
in the Job Description:
Dept Director: Date: City Manager: Date:
Attach justification for this request and forward to Human Resource Director.
D NEW HIRE D ADDRESS / PHONE / NAME CHANGE Emergency Event Designation Code:
Address: Effective Date: Location:
City/State/Zip:
Phone #:
o EMPLOYEE ACTIVITY Attach Documentation . [explam In "omm"n~ 5=rlOlll SELECT ONE)
DTransfer* DPromotion D Administrative Leave* DFMLA Leave
D Reclassification DDemotion* D Temporary Assignment*( % Change) D Pre-Determination Hearing
Deell Phone Allowance Amount$ o Performance Evaluation or Merit Increase
Effective Date: Location:
Scheduled Hours: From: To: Dates*:
From Dept. # Dept. Name
To Dept. # Dept. Name
From Job#: Job Name
To Job #- Job Name
From Pay Grade: To Pay Grade:
SALARY CHANGE: From: To: Hourly: Annually:
COMMENTS: Justification for
action or additional information:
o RETIREMENT o RESIGNATION (Attach Resignation Letter) 0 TERMINATION Attach Documentation
Last Day: Effective Date: Reason:
Human Resources Use Only
Birth Date EEO COBRA TERM
Department Head Date Human Resources Date
City Manager Date Employee Date
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Date
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01/18/2010
02/15/2010
05/31/2010
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09/06/2010
11/11/2010
11/25/2010
11/26/2010
12/24/2010
12/25/2010
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27, 2009
Good afternoon my name is Sharyn Goebelt I am the Human Resources Director for the
COBB we are commencing negotiations with the SEIU White Collar bargaining unit. I
would like to begin by going around the room with introductions; starting with Rob; I am
Rob Eichorst, TV Truck Specialist/Utilities; Frank Sosa, SEIU; Carl Booth, SEIU; Skip
Lewis, Code Compliance; Lori La V erriere, Asst. City Manager; Marylee Coyle, HR
Asst. Director; Sharyn Goebelt, HR Director; Michael Low, Deputy Director of Utilities
Operations, Tim Howard, Deputy Director of Finance.
Goebelt: thank you, starting out with ground rules for this negotiations session; one
person can speak at a time. Asking that there be no side conversations and that we respect
one another and speak slowly and we don't interrupt each other, we treat everyone's
comments and questions with respect and we listen to understand. We don't text
message or use cell phones during the meeting; I understand there may be emergency
situations, but as a general rule we try to focus on these sessions and maintain focus on
the topic or article of discussion and also agree not to go to the media without notifying
the other party. Does anybody have anything else to add to that? Ok - I would like to
purpose to our session, we're here to exchange proposals and I would like to purpose the
session; the city is in a dire financial situation. We just had three days of budget
workshops and they were very intense workshops. The City Manager brought forth to the
commission four proposals and one of the proposals included thirty-seven lay offs and
also many cuts, including a two percent pay cut against the board that was with keeping
the current mileage at 6.4553; there was tentative agreement to increase the mileage to
7.3 that isn't final yet; if that does happen there will still be a eight million dollar deficit.
The proposal would include the City Manager's model number 3; includes no pay
increases for next year for anyone. We have reopened bargaining the wages article for
Police and Fire and put that on the table; as a matter of fact I was at both of those sessions
and there was a discussion of a pay cut in those sessions. The sessions were before the
workshop. If the 7.3 mileage is finalized we still would have to use some resources in the
reserves to makeup for the eight million dollar deficit. We would have to defer costly
C.I.P. projects and we may take advantage of some revenue opportunity including the MS
building and some other some other things with the utility water b",:ng, ~gj.t's ~y~ry
serious situation. Our goal is to keep everyone paid, that's what w..,-';>jt:i.~,t4h and
not lay people off and with that being said we are ready to give you." "Y'~,,'"i'~~e
you ready? Anybody have questions about anything? Alright, would:1ik ~~tb start?
Sure. '<r
I would like to say the front page needs to be corrected to SEIU; it says NCF&O.
S. Goebelt - Ok
What I'll do is go through and point out our proposed changes starting with Article 1 on
page 5. We recognize the table of contents will need to be update based on what we
decide or what articles we agreed on; if we eliminate any so we haven't updated that at
1
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27, 2009
this point. In the pre-emblem we're proposing to add language that we do have in the
Blue Collar now. Second paragraph, the parties recognize that the best interest of the
community and the job security of the employees of the city depend upon the city's
success in establishing, maintaining effective proper and superior service to the
community.
Article 2 no change. Feel free to ask question or stop me at any time.
Article 3 - just a clarification; employees may request a union representative to be
present when the employee is subject to an investigatory interview. The employee has a
reasonable belief that discipline or other adverse consequences may result from what he
or she says.
Managements Rights - Article 4 - we're proposing to add 4.1.16 to implement at the
discussion of the city any new policy citywide. We're talking all employees.
Article 5 - no change.
Article 6 - that was a double negative. It's saying we're not going to agree non-
discrimination; it didn't make sense to put that in there. It just said we all agreed that
we're not going to discriminate. So why would we put that in there; it just seems to be a
double negative.
Article 7 - no change.
Union Representation Article 8.3 /8.1 - I apologize - 8.1 we just struck. We just added
8.3; some of these or just Scribner's errors.
8.2 access shall not be unreasonably withheld was struck
8.3 union stewards will be granted leave to engage in collective bargaining subject to
invitation set forth in article 9. 9.2 To meet with representative of the city for grievance
investigation and/or consultation with management representatives to avoid or resolve
grIevances.
8.4 Union Stewards may be granted leave and may utilize "union time pool" time to
engage in the following activities:
And, we added # 4 - When union stewards or bargaining unit members are participating
in collective bargaining in accordance with Article 9, Section 9.2.
That's already in 9.2; we thought it made more sense to put it over here as well, because
these are the four categories in which they can utilize Union Contract.
We're proposing to add this paragraph - Members of the bargaining unit may each donate
a proportionate share of the hours necessary to fund the Union time pool time may be
transferred from steward to steward. Stewards may be released without payor they may
use accrued vacation time, but in either event, only at the discretion of the department
2
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27, 2009
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. 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.
Article 9 - Collective Bargaining
We're proposing to change 9.2 - I am striking - Additional bargaining unit members may
attend while off duty or on approved leave. We're talking about when they may
participate in collective bargaining we added additional stewards or bargaining union
members may participate in collective bargaining (present at the table) by utilizing Union
Time Pool hours, or while off duty, or when on approved paid leave. Again this is
clarification, not taking any rights away.
Article 10- Union Time Pool 10.1 Members of the bargaining unit may each donate a
share of their accrued vacation and/or sick leave hours (provided the member maintains
at least 120 hours of accrued time) to fund the Union Time Pool and we added that last
sentence. A list of those employees donating to this time bank shall be maintained by the
Union, a copy of which will be provided to the City Manager, Human Resources Director
and Finance Director. This is for tracking purposes.
10.3 The City may delay the use instead of stop. And we added that last sentence.
Whenever the City has scheduled a meeting at which a union representative is required
and that meeting is cancelled the City shall reschedule the event at the convenience of
both parties.
You'll see throughout this we're doing some clean up
Article 11 - No change
Article 12 - Progressive Discipline
12.2.6 (On page 20) Verbal and written counseling and written reprimands will not be
subject to administrative review by Human Resources.
12.2.7 all prior discipline received by an employee shall be considered when a new
discipline is contemplated, but not all prior discipline shall be given the same weight. By
way of example: The older a discipline, the less its weight. A pattern of discipline over a
short period of time has greater weight than sporadic discipline spread over an extended
period of time.
Page 21 - Misconduct Added conduct unbecoming on or off the job which hinder or
jeopardize the successful operation of the City.
3
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27,2009
Page 21 - 3b put the word 10 in - you'll see corrections like that through out, that's a
little clean up.
Under note: disciplining supervisor recommending and or taking disciplinary actions
when necessary. There are no supervisors covered by this agreement, so we don't
understand why that language is even in there, because that refers to disciplining the
supervIsor.
First Occurrence: actually under after note - This chart outlines the usual progression
options for occurrences of misconduct and these are the guidelines.
First Occurrence: Written counseling
3b absent without calling into the department within thirty minutes instead of one hour;
giving a little more time to cal in.
4b adding inefficiency or incompetence
The inefficiency or incompetence refusal to perform assigned duties and responsibilities
Nothing on page 23
Nothing on page 24
Page 25 - 12.4.2Verbal counseling, written counseling and written reprimands will not be
subject to administrative review by HR.
Page 26 - Added language under Verbal Warning or other instructive verbal
communication will not constitute discipline and an employee is not entitled to union
representation when management is taking such action. Verbal Warning or other
instructive verbal communication may be used to establish that the employee knew or
should have known that performance work habits and behavior is not appropriate.
12.5 - add the word Written in front of Counseling in four places in the next two
paragraphs.
Bottom sentence on page 26 - Written reprimands shall be signed by the employee to
acknowledge receipt and forwarded to the immediate supervisor and the management
witness and forwarded to Human Resources for retention in the employee's records, with
a copy provided to the employee such signature does not constitute agreement with the
contents. This is just an acknowledgement that they are aware.
C1 - we changed it from three (3) days to two (2), because if you look at two all other
suspensions require prior concurrence by Human Resources, review by the City
Attorney's Office and authorization by the City Manager's Office.
Page 28 - nothing
4
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27, 2009
Page 29 - Right To he Pre-Determination Hearing - The City Manager's designee
instead of saying the Human Resources Director and the City Manager's designee shall
conduct predetermination hearings. Just cleanup where it says his, put his or her with
equal employment rights again his or her instead of their and then added the last
paragraph.
Information gathered either before or during or after a predetermination conference
constitutes part of the City's investigation for an active admission that could resolve in
discipline.
Section 12.7.3 Regular employees may appeal to an arbitrator a discipline greater than
suspension without pay of more than one work day using the same procedure for
arbitration as set forth in Article 13 Grievance Procedures. Regular employees may not
grieve a one day suspension.
12.7.4 Regular employees may respond to disciplinary action of suspension with or
without pay of 2 work days or more by requesting an administrative review by the
Human Resources Director. Such request shall be made within ten (10) calendar days of
the imposition of the discipline. The Human Resources Director shall review the
disciplinary action in question and shall either sustain, reverse, or modify the disciplinary
action. The Human Resources Director's disposition shall be made within thirty (30)
days ofthe employee's request for review. The Human Resources Director's disposition
is final and not subject to further review.
We are also proposing to insert Criminal Charges Language; we do have this in the Blue
Collar and we also plan to put this into our Personnel Policy Manual and its Disposition
of Criminal Charges.
Sharyn Goebelt - Do you want me to read all of these?
Sharyn Goebelt - Yes?
- May I ask why we're referring back to the Blue Collar?
Sharyn Goebelt - Well a lot of times we've looked at what's in the Blue and what's in the
White; and that's questioned a lot. I've had grievances; I can give you specific examples
when there was a leave.
- We're referring to the Blue Collar contract, there are many employees
in the white Collar Contract that work a lot closely to the PBA contract than the Blue
Collar contract.
Sharyn Goebelt - Ok, that's a very good point, that's a good point. I want refer back, but
what I am doing; some of the language is similar to what we've negotiated and it was to
the betterment of the contract and some of this like the Disposition of Criminal charges;
we also intend to put this into our Personnel Policy Manual. So, this would affect just
about all employees. So, it's a good point; I want refer to Blue Collar any more.
Article 13; page 31 Disposition of Criminal Charges
5
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27,2009
When a City employee who is a member of the bargaining unit is arrested and charged
with a felony offense, the employee shall be placed on administrative leave without pay
until final disposition of the criminal charges. An employee who is convicted of or who
pleads guilty or no contest to a felony in conjunction with a plea negotiation shall be
terminated from their employment with the City.
An employee placed on administrative leave without pay, under these circumstances may
use accrued vacation and accrued sick time during the leave period. If found innocent or
if the State Attorney drops the charges, not as a result of a plea deal, the time will be
reinstated.
Article 13 - Grievance Procedures
13.2 Added - Counseling and Performance Evaluations; cannot be grieved.
.
13.4 Grievance Procedures Steps
This is just an effort to cleanup the process; when I first came here people would say oh,
there's a grievance, and I would say ok; where is it and no body would have it. And, all
the department heads would say the supervisor has it, so this is an effort to have it steps
put in place so there is an official record with the City Clerk's office so there is an official
record of receipt with a timeline it's crucial the timeline is made and its monitored to
make sure all the steps are followed.
The parties agree to a step procedure for processing grievances. The deadlines
hereinafter listed may only be extended by written agreement ofthe parties. An
extension or waiver of a deadline shall never be interfered by the conduct of the parties.
When the Union fails to timely move a grievance to the next step, the grievance is
deemed withdrawn and cannot be re-filed. When the city fails to respond at any step, the
grievance is deemed denied and the Union may proceed to the next step.
The parties agree to substitute a grievance tracking system which utilizes the city Clerk's
Office as a conduit for filing as follows:
13.4.1 Step 1. Within ten (10) business days if the employee had knowledge of the
incident they can initiate a grievance, by filing a grievance with the City Clerk's
Office, with a copy to the employee's Department Director/Designee. The
grievance shall be hand delivered or sent by facsimile between the hours of 8:00
a.m. to 5 :00 p.m.
Page 33- The written grievance should state the following:
Any and all grievances submitted as a class action must be signed by a Union Official
(President or Vice-President).
6
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27, 2009
Lori L. - I was noticing the hours 8:00 a.m. to 5:00 pm; we should change to 7:00 am to
6:00 pm
Sharyn G. - Well, when we say ten (10) business days is the City going to consider it
Monday through Thursday? Are those ten (10) business days now? We have to figure
that out.
- The Grievance procedure; I think it's when it come to any and all grievances
submitted as a class action must be signed by a Union Official and the other option
President or Vice-President.
Sharyn G. - Yes
Sharyn G. - Who else do you want on there?
- What about designee?
Sharyn G. - That's not a problem.
Sharyn: Again, we're digesting right now; we'll come back and T A later, I am noting
your suggesting.
And the next addition is, any and all grievances submitted as a class action must be
signed - Why is it in there twice? Ok, we have to look at that; this needs some help.
In the event a grievance does not contain the required information, as listed above, it shall
be returned to the grievant and/or Union Steward for further processing. If the ten (10)
working days since the initial incident has passed when the grievance is returned, the
period for the grievant and/or Union Steward to resubmit to the City Clerk's Office will
be extended for forty-eight (48) hours.
The Department Director/Designee shall respond to the grievance on or before 5:00 p.m.
on the eleventh (11 th) business day following the date of receipt ofthe grievance.
Sharyn G: We have to look at what are business days. Now the City Hill is on 4/10's,
Utilities isn't but, Public Works is we might need to clarify it; I don't know how we're
going to do this we're going to have to look at that.
13.4.2 Step 2 - again there are some scribers errors; we didn't have steps before. We put
the steps in steps 1, 2, 3.
I believe names were in here before, the names were struck and instead we are just
saymg;
When a grievance is not settled under the forgoing steps of the grievance procedure, the
Union, within twenty (20) days of such decision, by termination may initiate arbitration
7
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27,2009
by filing a request with the Federal Mediation and Conciliation Service for an arbitration
panel. A copy of the request shall be served on the City.
The arbitrators shall set the hearing on the matter appealed will be heard within ninety
(90) days following appointment. If the arbitrator is not available within the ninety (90)
day period, the next arbitrator shall be used. The arbitrator shall make a final and binding
ruling within thirty (30) days following the hearing or, when requested by either party,
the submission of briefs.
_ I may have a copy of this somewhere of what the arbitrators' guidelines are.
S. Goebelt - ok, that would be helpful.
_ some arbitrators say 30 days, but the arbitrators have a set standard of numbers of
days getting a brief file back.
S. Goebelt - well, a brief file with attorneys are about three to four months. Ok, I like to
see those guidelines; hopefully we can just update it.
If not, we could request them and let them see ours.
S. Goebelt - Ok, again we still have these names; I don't know if these people are still
arbitrators are not for that matter or how long has their names been in there?
13.5 We added the matter of can be arbitrator and then this paragraph:
The issue of arbitrability shall be determined in summary fashion without a
hearing. The parties shall submit the issue to the arbitrator by motion of the city with
supporting documentation and/or affidavits. The Union shall file its response with
supporting documentation and affidavits with ten (10) days of the City's motion. The
arbitrator shall make hislher ruling based on the documents provided by the parties. The
arbitrator may, at the arbitrator's discretion, conduct one telephone conference with
counsel for the City and Union prior to ruling on the City's motion.
S. Goebelt - Again we have to look at their guidelines, so I am more than open to looking
that.
Basic Work Week - page 37
14.4 We have inserted:
Overtime shall be offered for a specified work function on a rotating basic based on
seniority to those employees who normally perform the job functions during their regular
work hours.
14.3 Employees may all be required to work additional hours as directed unless excused
by a supervisor.
8
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27, 2009
Comp time we left the same.
Article 16 - Wages - TBO - we do have a little more information now than when we put
this together, because we've had the budget workshops. But, we do know that there are
no wages budgeted for next year at all.
No wage increases.
S. GoebeIt - yes, no increases right, thank you.
Article 17 - Promotions - we really didn't change anything.
Article 18 - Standby
I guess we struck - Employee shall receive one (1) hour pay at the overtime rate for each
day that they are on standby.
I don't think that was meant to be struck, was it Michael?
I don't know.
I have to look at that.
We'll check that out
Emergency Pay Policy - Article 19 - all we added is that it's paid in accordance with the
provision of City Emergency Ordinance; current number is 2005-036 is the most current
City Emergency Ordinance.
That ordinance pertains to all employees so, it's just cleaner to put it in that way than
trying to change this every time if and when there's a change, to change the ordinance
requires two (2) readings at the City Commission meeting.
Article 20 - Certification Pay - We struck that
Article 21 - no change to Training
Article 22 - Working in a Higher Class - we struck whichever is greater until returned to
their regular classification.
Article 23 - Sick Leave - we changed it to say that an employee can notify their
supervisor l;2 hour before the workday, instead of 1 hour.
We gave employees a little more time to notify their supervisor.
9
SEIU/Florida Public Services Union - White Collar Bargaining Session (City Hall
Building, Conference Room B, 2nd Floor), Monday, July 27,2009
Another thing we are trying to change days to hours, the reason we're doing that is
because people in City hall now work a ten hour day so, we are putting hours in most
places where it previously said days.
23.2 a. 40 hours per year its really not changing anything, it's just clarifying; instead of
saying five (5) days because if you work ten (10) hours per day that's fifty (50) hours and
ten was one week that's forty (40) hours
23.3 - we just added the words hours
Personal Leave - didn't change anything it's just a clarification as well that after you
have 1040 hours of sick leave it's transferred into the Personal leave bank, any unused
time can be cashed in on a two (2) to one (1) basis, I tell you no one ever understood
what that meant in the Labor Mgmt. meetings and that 10 was at 50% of the full value.
Worker's Comp - No change
Light Duty - No change
Article 26 - Vacation - basically it's the same situation, saying that after one (1) year you
get ten (10 days but if you work 41l0's you still getting eighty (80) hours. We're not
changing what you're getting, we just changing the way we're saying it, it's the same
hours, yes, and its 80 hours. It use to be ten (10) days were eighty (80) hours, but that's
not necessarily true any more, ten days maybe one-hundred (100) hours. So, we're still
giving you the same amount of hours, nothing is being taken away.
26.5. Emergency Cash-in - if the employees have an emergency
~~~
10