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R94-92RESOLUTION NO. R94-g~ A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF BOYNTON BEACH, FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ON APRIL 21, 1994, APPROVING RATIFICATION OF AGREEMENT WITH INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL 1225, AFL-CIO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the action taken by the Board on April 21, 1994, approving ratification of agreement between South Central Regional Wastewater Treatment and Disposal Board and International Brotherhood of Firemen & Oilers, Local 1225, AFL-CIO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The City Commission of the City of Boynton Beach, Florida, does hereby ratify the action taken by the South Central Regional Wastewater Treatment & Disposal Board on April 21, 1994, approving ratification of agreement between South Central Regional Wastewater Treatment and Disposal Board and International Brotherhood of Firemen & Oilers, Local 1225, AFL-CIO. Section 2. This immediately upon passage. Resolution shall take effect PASSED AND ADOPTED this ~ day of June, 1994. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Cit~ Clerk ( Corporate Seal SCRWTD.ACT-4/21/94 6/1/94 Mayor V~ Mayor RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 21, 1994 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on April 21, 1994, by a vote of 7-0, approve ratification of agreement between South Central Regional Wastewater Treatment and Disposal Board and International Brotherhood of Firemen & Oilers, Local 1225, AFL-CIO, providing an effective date and for other purposes. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton and the City of Detray Beach hereby ratify said Board action independently. The above action is hereby rarified in open session by the City of Boynton Beach this '7' day of ~ ,/~, by a ~/-~ vote. ~ CITY OF BOYNTON BEACH Attest: C~,~-x,-x..o ~ ~' City City Atto)~e~/ The above action is hereby ratified in open session by the City of Delray Beach this/7~ day of /~_v , /??z/, by a /-/-o vote. / CITY OF DELRAY BEACH By: Attest: Approve as to form: ~~Citg ~ttorn~g RESOLUTION 94-! A RESOLUTION OF THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT ANDDISPOSALBOARDAPPROVINGANDRATIFYING THAT CERTAIN AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARDAND INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL 1225, AFL-CIO, PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the PUBLIC EMPLOYEE RELATIONS COMMISSION ("PERC") created by Florida Statute 447, Part II, Chapter 74-100, as certified by LOCAL #1225, the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD (the "BOARD") has entered into negotiations with INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS ("IBFO"); and WHEREAS, the parties have reached an agreement in the form of Contract attached hereto as Exhibit "A;" and WHEREAS, the members of the IBFO of Local #1225 ratified the Agreement between South Central Regional Wastewater Treatment and Disposal Board and International Brotherhood of Firemen & Oilers, Local #1225 on April 20, 1994 by the requisite vote. NOW, THEREFORE, BE IT RESOLVED THAT: 1. That certain Agreement between South Central Regional Wastewater Treatment and Disposal Board and International Brotherhood of Firemen & Oilers, Local #1225, attached hereto as Exhibit "A" is hereby approved and ratified by the South Central Regional Wastewater Treatment and Disposal Board. 2. This Resolution shall become effective upon passage, ratification by the City of Delray Beach and City of Boynton Beach in independent session and upon full execution by both parties. RESOLVED this 21st day of April, 1994. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD AGREEMENT BETWEEN SOUTH CENTRAL REGIONAL WASTEWATEH TREATMENT AND DISPOSAL BOARD AND INTERNATIONAL BROTHERHOOD OF FIP. EMEN & OILERS, LOCAL 1225, AFL-CIO April 29, 1994 LABOR\CONTRACT.M TABLE OF CONTENTS PAGE Agreement ..................... 1 Preamble ........................ 2 Article I -- Definitions ................ 3 Article II -- Recognition ............... 3 Article III -- Rights of Union ............. 4 Article IV -- Rights of Employees ............ 5 Article V -- Management Rights ............. 6 . Article VI --Union Representation ......... 10 Article VII -- Hours of Work and Overtime ....... 12 Article VIII -- Disciplinary Action .......... 14 Article IX -- Grievance Procedures ......... 15 Article X -- Holidays ................. 20 Article XI -- Miscellaneous .............. 21 Article XII -- Annual Leave .............. 22 XIII -- Sick Leave .............. 25 XIV -- Leave ............. 27 Article XV -- . .............. 28 Article XVI -- Seniority ................ 29 Art XVI I -- Employment ............ 33 Art XVI I I -- . ............. 33 XIX ;sification Plan ........ 34 XX cohol Abuse Policy ..... 37 XXI .............. 47 iii ............... 48 [III -- Requests .......... 49 Article XXIV-- Leave Without Pay ............ 49 .............. 51 .............. 51 e XXVII -- Safety and Health ........... 52 Art XXVI I I -- nsurance ........... 53 XXIX-- . ............ 53 Art -- Savi ~se .............. 54 .................... 55 :A SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M AGREEMENT This agreement is entered into by and between the South Central Regional Wastewater Treatment and Disposal Board (the Employer) and the International Brotherhood of Firemen &Oilers, Local 1225, AFL-CIO, (the Union.) SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M PREAMBLE The intent and purpose of this Agreement is to maintain and further harmonious and cooperative labor-management relations upon a constructive and sound foundation. The cornerstone of this foundation is the mutual acceptance and recognition of therights and obligations of both parties, in order that the joint -responsibilities of the public employer and public employees to represent the public be fulfilled and the orderly and uninterrupted functions of government be assured. SOUTH CENTRAL April 29, 1994 10. ARTICLE I -- DEFINITIONS "EMPLOYEE" - A full-time person on a regular or probationary appointment who is eligible for membership in the bargaining unit. As used in this agreement, "employee" does not mean substitutes or temporary employees. "BOARD"- The South Central Regional Wastewater Treatment and DisPosal Board its administrative representatives or agents. "GRIEVANCE" - A dispute or disagreement involving the application or interpretation of this Agreement. "BROTHERHOOD" - The International Brotherhood of Firemen and Oilers, Local 1225, its representatives or agents. "UNION REPRESENTATIVE" - The President, Business Agent or designated representative. "MANAGEMENT AND SUPERVISORY EMPLOYEES" - Supervisors of employees and such other Board employees so designated by the Board· "COLLECTIVE BARGAINING" - The mutual obligation of the Boardand the bargaining agent of the Brotherhood to meet at reasonable times, to negotiate in good faith, and execute a written contract with respect to agreements reached. "COMMISSION" - The Public Employee Relations Commission (PERC) created by Florida Statutes 447, Part II, Chapter 74-100. "DAY" - Unless otherwise specified in this agreement, "day" shall mean an employee work day. "FEDERAL MEDIATION AND CONCILIATION SERVICE (FMCS)" - agency used for arbitration. ARTICLE II -- RECOGNITION The Employer recognizes the Union as the exclusive representative for the purposes of collective bargaining with SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M respect to wages, hours, and terms and conditions of employment for the following unit of public employees under PERC Certification #RC92-053 dated April 14, 1993; Ail full-time .oyees of the. South Central and Disposal Board in the following classJ ,ns: administrative assistant I, administrative assistant II, pretreatment Coordinator/ I I, operator I~I I, .~ntation mechanic I and mechanic II. Excluded: Executive director, fiscal administrative assistant, laboratory supervisor/process control, chief of operations, chief of maintenance, and all other employees of theSouth Central Regional Wastewater Treatment~ and Disposal Board. A~TIC~ III -- RIGHTS OF U~ION Section 1. As the exclusive representative~of all of the public employees of the certified unit, the Union is entitled to act on their behalf, and representing their interests in accordance with applicable principles of fair representation, to negotiate an agreement covering all unit employees. Section 2: The President or the designated representa- tive(s) of the Union shall, ten working days prior to beginning negotiations, give written notice to the Executive Board of the three (3) employee designated to represent the Union in negotia- tions. Section 3. The Union shall have the right to present to the Hmployer in any appropriate manner its views concerning matters of mutual concern with regard to wages, hours, and terms and SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M conditions of employment and shall be entitled to due notice of and consultation concerning any changes in wages, hours, and terms or conditions of employment which the Employer proposes to institute. Section 4. The Employer will notify the Union of the disposition and status of all grievances filed by bargaining unit members by providing copies of responses to grievances and correspondence with the bargaining unit member regarding the grievance to an individual designated by the Union to receive such notification at the address to be provided by the Union. It is the Union's duty to notify the Employer in writing of the person to receive such copies and of the address to be used for notification. The Employer is not obligated to notify the Union of the filing of a grievance by any bargaining unit member. That notification is the responsibility of the bargaining unit member and the Union. ARTICLE IV -- RIGHTS OF EMPLOYEES Section 1. The Employer and Union agree that bargaining unit employees possess the rights enumerated in Section 447.301, Florida Statutes, and are entitled to exercise these rights without interference, restraint, or coercion from any person. Section 2. Bargaining unit employees are entitled to be represented bythe Union in grievances arising under this Agreement and may also individually bring to the attention of officials of the Employer matters of individual concern not covered by this Agreement. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M Section 3. Employees shall conduct Brotherhood activities at times other than working hours. However, in emergency upon expressed permission of immediate superior, employees of the unit shall have the right to contact their steward, or other representative of the Brotherhood during regular hours, and permission shall not be unduly withheld, provided such communication shall in no way interrupt, delay or otherwise interfere with effective, proper and superior service to the Board. Section 4. When a vacancy in the bargaining unit is to be filled, job announcements for that vacancy will be posted on the Bulletin Board. Section 5. The Board will provide employees with requested copies ofmaterials contained in their personnel file at no cost to the employee or his/her designated representative. Section 6. The Board will provide each employee a copy of the employee handbook and a copy of the most recent Labor Agreement. ARTICI~ V -- F~%NAG~NT RIGHTS Section 1. The Board shall have the right, subject only to express restrictions in this Agreement, to exercise its own discretion unilaterally on all of the following matters, whatever may be the effect on employment, when in its sole discretion it may determine itadvisable to do any or all of the following: A. To manage and administer the affairs of the Board generally. SOUTH CENTRAL April 29, 1994 Be Ce Ee To decide the purpose of each of its constituent agencies. To set standards of service to be offered to the public. To exercise control and discretion over its organization and operation. To direct its employees. To take disciplinary action and discharge employees for proper cause as to both non-probationary and probationary promoted employees, and to take disciplinary action and discharge with or without cause as to new probationary employees. To relieve its employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary employee from the position to which he/she was promoted with or without cause. In the event a promoted probationary employee is removed without cause he/she shall be returned to the position from which he/she was promoted (and this shall not be construed as a limitation upon or a waiver of theBoard's right to discharge or discipline such a promoted probationary employee for proper cause pursuant'to subsection F, above), and to likewise remove other promoted probationary employees which may be necessary because of the SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M Ke return of this employee to his/her former position. To relieve other probationary employees from duty for any reason, with or without cause ....... To determine and redetermine work schedules. To maintain order and efficiency in its operations. To determine and redeterminestarting and quitting times, in which case the Board shall provide to the affected employees three (3) weeks' notice in advance of any changes in such starting and quitting times, except that no such advance notice shall be required in cases of emergency as determined by the Board. To determine and redetermine the number of hours to be worked, in whichcase the Board shall provide to the affected employees three (3) weeks' notice in advance of any changes in such number of hours to be worked, except that no such advance notice shall be required in cases of emergency as determined by the Board. To require employees to submit to a medical examination bya physician designated bythe Board. To promulgate rules and regulations for its employees not in conflict with the provisions of this Agreement. SOUTH CENTRAL April 29, 1994 LABOR\CONTP. ACT.M Ne Oe Qe Re Se Te Ve To set the standards and procedures for application, testing, selection procedures and appointment to all positions in the Board. Under reasonable circumstances, to dismiss or otherwise relieve from duty employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in theBoard service. To determine employees' skills, knowledge and abilities to perform their duties through job- related testing and other reasonable evaluation methods. To hire, assign, direct, layoff, or recall employees. To determine the size and composition of its work force. To determine the number and types of equipment, materials, products and supplies to be used. To institute and establish new training methods. To determine the types of work to be performed by employees. To open new facilities and transfer its operations or any part thereof to such new facilities, and to transfer or assign employees to new facilities. SOUTH CENTRAL April 29, 1994 ~o~\coN~.. W. To discontinue conduct of its mission or operations in whole or in part. Section 2. In addition to the Management Rights enumerated in Section I, the Board shall have all other rights .and prerogatives which in the past it has lawfully'exercised or could have lawfully exercised unilaterally subjectonly to express restrictions on such rights, if any, as are provided in this Agreement. ARTICLE VI -- UNION REPRESENTATION Section 1. The Employer agrees to recognize elected officers, steward, and designated representatives of the Union.. The Union shall supply to the Employer an annual list of officers, steward, and representatives and shall give the Employer prompt written notification of any changes in the list of Union agents. The Union agrees to identify on its list of designated agents a local business agent or other representative of primary responsibility to whom official notification will be given by the Employer whenever notification to the Union is required under the terms of this Agreement; an alternate business agent or representative may also be designated. Section 2. The primary responsibility of a steward is his assigned duty as a public employee. As an official of the Union, the steward has accepted the Union's authority and responsibility for discussions with management officials on matters affecting working conditions of unit employees, however, the Union President SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M shall be entitled to designate another representative to be present at any negotiations relating to the same upon the steward's request. Section 3. A steward may be authorized to be absent from his duty station during working hours by the Department Head or his designee. When, in the discret'ion of the Department Head, a steward's participation in the resolution of a matter during working hours is deemed appropriate or beneficial, such participation shall be considered assigned~duty even if the steward is required to be absent from his ordinary duty station. In such cases, the date and duration of the steward's absence from ordinary duties shall be noted in writing by the Department Head and shall not be charged to annual leave. In situations where the Department Head declines to honor a steward's request for assigned duty elsewhere, the Department Head may authorize the steward's absence from his work station by approval of a written request for annual leave setting forth the reason and estimated duration of the intended absence which approval shall not be unreasonably withheld. Upon the conclusion of a steward's scheduled absence from duty, he must return to his duty station unless he is unable to do so before the end of the work day. The Union agrees to conduct union business outside of the steward's normal working hours to the maximum extent possible in order to minimize potential disruption of the work of unit employees. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M Section 4. The Employer agrees to permit the use of a suitable Employer facility forthe conduct of steward's activities, including discussion with employees~ whenever alternate facilities are not reasonably available. ARTICLE VII -- HOURS OF WORK AND OVERTIME Section 1. (a) The administrative workweek consists of seven (7) consecutive days commencing with the beginning of shift on Thursday and extending to the end of shift on Wednesday. (b) The regular scheduled workweek consists of the specific days and hours during the administrative workweek any employee is scheduled to work. (c) The regular scheduled workweek will ordinarily consist of forty (40) hours, except when a different total is required for overtime or as a result of rescheduling of shifts. (d) Changes in the regular scheduled workweek will be posted on the bulletin board prior to the effective date of the change, except in cases of emergency or when operational needs do not allow time for posting. When operational needs require changes in the regular scheduled workweek but do not allow time for posting, the changes may be brought to the employees' attention in some other manner and will be posted within a reasonable period of time after the change is made. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M (e) Changes of the regular scheduled workweek will not be made arbitrarily or capriciously. Section 2. Meal periods shall be considered as time worked. Each employee is entitled to a 30-minute lunch time meal periOd, during which he may be required to perform work. Section 3. (a) Hours actually worked in excess of forty (40) hours during the regular scheduled workweek is overtime work. If operational requirements permit, employees shall be given advance notice of required overtime. All overtime must be approved by management or the operational policy established by management. (b) Overtime will be compensated by overtime pay calculated at a rate of one and one-half of the employee's regular rate of pay for each hour of overtime worked. For purposes of overtime calculation, time spent byan employee during the regular scheduled workweek on sick leave or leave without pay is not considered as "hours worked" unless such employee shall have been required to mandatorily provide such overtime work. Section 4. When employees are called out to perform work duties at a time when they are not working or scheduled to work, they will receive a minimum payment of two (2) hours at overtime rate for responding to the call out even if the employee works less than two (2) hours. Employees shall be paid for the actual hours worked in excess of the two hour minimum. Actual time worked shall not include commuting time to and from the job. SOUTH CENTRAL 13 April 29, 1994 LABOR\CONTRACT.M Section 5. The shift leader or management shall utilize the "A" list and "B" list for assigning overtime in the manner as presently practiced. ARTICLE VIII -- DISCIPLINARY ACTION Section 1. Disciplinary actions will be taken for just cause in accordance with the Employer's disciplinary procedures as promptly as practicable under operational conditions. Disciplinary actions which may be taken against employees include oral warning, warning notice, suspension with or without pay, and termination. Section 2. Warning notices may be removed from an employee's personnel file after two years if the employee in question has not received any additional disciplinary action during that period. The Union recognizes that the Employer is required to retain copies of all warning notices in order to comply with Chapter 119, Florida Statutes. In a termination proceeding against an employee, any warning notices not older than three years may be introduced even if such notices have been removed from the employee's-personnel file, but removed warning notices shall not be taken into consideration for any other purpose. Section 3. The Employer will provide the Union with current copies of the disciplinary guidelines. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M ARTICLE IX -- GRIEVANCE PROCEDURES Section 1. The procedures set forth in this Article shall be the exclusive means of resolving Union and employee grievances, defined as disputes concerning the interpretation and application of this Agreement by the Employer. Section 2. Most grievances arise from misunderstandings or disputes which can be settled promptly and satisfactorily on an informal basis at the immediate supervisor level. The Employer and the Union agree that every effort will be made by management and by the aggrieved party or parties to settle grievances at the lowest level possible. Section 3. General Provisions (a) Ail references to days in these procedures are-business days being Monday through Friday. (b) Time is of the essence in these procedures. Although any time limit may be extended by mutual agreement of the grievant or the Union and the Employer, the failure on the part of the grievant or Union to observe any applicable time limit shall constitute an abandonment of the grievance, absent a mutually-agreed extension of time. (c) employees Article. Probationary, emergency, temporary, and provisional are not entitled to utilize the procedures of this SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M Section 4. Step 1. (b) SOUTH CENTRAL Procedures (a) The grievance procedure is initiated by the grievant's presentation of a fully completed copy of the standard grievance form (Appendix A) to the Department Head within ten days of the date of the action which precipitated the grievance or of the date on which the grievant knew or should have known of the existence of a grievance. Nothing herein shall be deemed to preclude appropriate informal efforts to resolve any disagreement aris ing in the workplace and each potential grievant is encouraged to seek informal resolution of any issue or dispute prior to resorti.ng to the grievance procedure. In the event that a mutually satisfactory informal resolution can be achieved without the need for a written decision at the Step 1 level, the grievance form shall be returned to the grievant and the matter treated as if no grievance had been filed. Provided, however, that informal discussion of a grievance shall not toll the time limit for the filing of a written grievance in the absence of mutual agreement of the parties to the contrary. Within ten days of his receipt of the grievance form the appropriate Step 1 official shall meet April 29, 1994 Step 2. SOUTH CENTRAL with the grievant and his representative, if necessary, and provide a written decision regarding the grievance within ten days after the grievance meeting. If no written decision issues within ten days after the grievance meeting, or if the grievant is unsatisfied with the Step 1 decision, the grievant may proceed to Step 2. Within seven (7) days of the date the Step 1 decision is due or is received by the grievant, whichever occurs first, a grievant who is not satisfied with the Step 1 decision may appeal the decision to Step 2 by filing an appeal with the Executive Director of the Board. The grievant shall concisely state in writing the reason(s) for his dissatisfaction with the Step 1 decision and shall attach copies of all applicable Step 1 documents. The Step 2 grievance will be heard, within thirty (30) days of filing with the Executive Director by the Executive Director. The Executive Director shall, within ten (10) days of the hearing on the grievance at Step 2, submit findings of fact and a recommended resolution of the grievance in writing. If the grievant is not satisfied with the Step 2 decision, the Union may invoke the arbitration procedure of Step 3. April 29, 1994 LABOR\CONTRACT.M Step 3. If the grievant is not satisfied with the Step 2 decision, or if no decision issues within the prescribed period, the Union may invoke arbitration by sending written notice to the Employer within ten (10) days of the date the Step 2 decision issues or of th~ date on which it was due, whichever is earlier. Invocation of arbitration by the Union will not preclude settlement of the grievance at any time prior the issuance of an arbitrator's award,. Section 5. The parties will attempt to agree upon a mutually agreeable impartial arbitrator. If, however, this cannot be done within seven (7) days following the Employer's receipt of the Union's request for arbitration, representatives of the Employer and Union shall submit a written request to the Director of the Federal Mediation and Conciliation Service for a list of five (5) professional arbitrators. Upon receipt of the list, representatives of the Employer and Union shall confer within ten (I0) days and, beginning with the party which initiating the request for arbitration, each shall alternately strike, one at a time, two names from the list. The person whose name remains on the list shall be the arbitrator, and the parties shall jointly notify the arbitrator of his selection. Either party may object to all names on the list, provided that objection is made prior to the SOUTH CENTRAL April 29, 1994 1 ~ ~OR\¢O~¢T. M commencement of the striking process. If this happens, a second join request for a list will be made. Section 6. All arbitrations arising under this Agreement shall be conducted in accordance with the following rules: (a) The arbitrator shall have the jurisdiction and authority to decide a grievance properly before him. (b) The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or any amendment thereto. (c) The arbitrator may not issue declaratory or advisory opinions and shall confine himself exclusively to the question which is presented to him. (d) The arbitrator shall not substitute his judgment as to the wisdom or the degree of severity of disciplinary actionimposed on any employee by the Employer. The arbitrator's inquiry shall be limited to whether the Employer possessed evidence of misconduct before imposing the discipline ultimately imposed. (e) Fees and expenses of the arbitrator will be split equally by the parties. Each party shall bear the cost of its own witnesses and representatives. Any party requesting a transcript will bear its cost, unless otherwise agreed. (f) Copies of the arbitrator's award, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to the parties within thirty (30) days of the hearing, SOUTH CENTRAL 19 April 29, 1994 LABOR\CONTRACT.M 'unless the parties mutually agree to extend the time limit, and shall be final and binding on both parties. ARTICLE X -- HOLIDAYS Section 1. The following are paid holidays: New Years' Day, January 1 Martin Luther King'Day (in the third week of Jan.) Presidents Day (in the third week of February) Memorial Day, FourthMonday in May Independence Day, July 4 Labor Day, 1st Monday in September Veterans Day Thanksgiving Day, 4th Thursday in November Fri¢ ter Thanksgiving or Christmas Eve, at ect to the Department Head's approval for scheduling Christmas Day, December 25 One personal holiday Section 2. Workers for holidays shall be scheduled in the manner as presently practiced by Board. Section 3. Any employee who is not on approved leave and who fails to report to work on the days immediately preceding and immediately after any of the above holidays will not be paid for the holiday. section 4. through Friday, EmplOyees whose work week consists of Monday if any, may be required to work on holidays, including substituted holidays, even though they are authorized time off in accordance with the foregoing. Employees who are required to work on a holiday will be paid at the overtime rate for the hours worked on the holiday, in addition to their holiday pay. SOUTH CENTRAL April 29, 1994 2 6 rmBO~\Co.~m~c~.. .... ARTICLE XI -- MISCE?J.~NEOUS Section 1. The Union will be furnished a bulletin board of reasonable size for posting of notices of official Union business pertaining to its members and to unit employees. Any matter which, in the discretion of the Employer, contravenes this provision may be removed without notice to the Union. The Union shall provide a locked glass enclosed bulletin board for the posting of union business space provided. These bulletin boards shall be used for posting authorized Union notices, but restricted to the following= A. Notice of Union recreational and social affairs. B. Notic~-~bf elections. C. Notice of Union elections and results of such Union appointments and other official Union business. D. Notices of Union meetings. Ail costs incident topreparing and posting of Union materials will be born by the Union. The Union is responsible for posting and removing approved material on its bulletin boards and for maintaining such bulletin boards in an orderly condition. Section 2. It is agreed that the Employer and employees will cooperate in maintaining and keeping in good working condition all equipment for the safety and efficiency of operations. Section 3. Within a reasonable period of time following the execution and ratification of a collective bargaining agreement-, representatives of the Employer and the Union shall SOUTH CENTRAL April 29, 1994 LABOR\CONT~ACT.M 'conduct a joint orientation for supervisors and stewards to explain the terms, purpose, and intent of the Agreement. Section 4. The steward may be granted leave without pay, not to exceed eight (8) hours per year, for the purpose of attendance at Union-sponsored steward training. All requests for steward training leave shall be made in writing to the Executive Director with as much advance notice as possible. If operational requirements permit, the Executive Director shall grant a request for steward training leave which complies with this Section. A steward may, at his option, utilize accrued annual leave in lieu of the leave without pay authorized by this Section. Section 5. Any employee who believes that he or she is being required to work under unsafe conditions which present a danger to public health and safety may present a written complaint concerning the situation to the Executive Director after first discussing the matter with his or her immediate supervisor. ARTICLE XII -- ANNUAL LEAVE Section 1. Purpose: Annual leave may be requested for personal or emergency reasons or for vacation. Vacations are for the purpose of rejuvenating both mental and physical faculties and all employees are encouraged to utilize accrued annual leave for vacation periods. No employee shall be entitled to receive pay in lieu of vacation, except upon separation from Board service. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M Section 2. Application for leave (a) In order to secure leave approval, an annual leave request form must be submitted to an employee's Department Head, as appropriate, as far in advance of the requested leave date as practicable. The Personnel Department must verify, in advance, the available time in the Employee's. Bank. No leave may be taken without the prior approval of the appropriate Department Head and the Executive Director. (b) Approval will be withdrawn only for operational need. Section 3. Utilization of Annual Leave (a) Annual leave granted to any employee shall not exceed forty (40) hours per administrative workweek. Annual leave shall be paid at an employee's base rate of pay. (b) Leave may only be used as earned and annual leave shall not be approved in advance of its being earned. If an employee has insufficient leave credits to cover a period of absence, no allowance for leave shall be granted in advance of or in anticipation of future leave credits. In such case, the employee's pay will be docked for time lost during periods of absence without leave. (c) One hour is the minimum charge against annual leave and additional hours or portions thereof are charged in multiples of one hour. Absences on separate days are not combined. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M Section 4. Accrual.of Annual Leave (a) Ail full-time employees are entitled to earn and accrue annual leave; temporary and part time employees are not entitled to earnannual leave. (b) Full-time employees begin to accrue annual leave as of their date of employment. Annual Teave may not be used during the initial twelve months of employment. While part-time temporary, emergency, or provisional employees do not earn annual leave in part-time, temporary, emergency, or provisional status, time served in these capacities shall be counted on a pro-rata basis towards service in computing annual leave rates should such employees later assume regular employee status. (c) Annual leave shall be earned as follows: After 1 year but less than 4 years of service -- 12 days After 4 years but less than 8 years of service -- 14 days After 8 years but less than 12 years of service -- 16 days More than 12 years of service -- 18 days Section 5. Maximum Accrual (a) The maximum unused annual leave which may be carried over from one fiscal year to the next is twelve (12) days. Any leave in excess of twelve (12) days which remains unused as of October 1, of the year is forfeited. (b) When an employee is separated from Board service, he or she shall be paid for all accrued non-forfeited and unused annual leave. SOUTH CENTRAL April 29, 1994 2 ~ nmos\ co.~c~.. Section 1. purposes: ARTICLE XIII -- SICK LEAVE Sick leave may be granted for the following (a) personal illness or injury not connected with work including incapacity due to pregnancy or childbirth; (b) personal medical, surgical, dental or optical appointment, examination or treatment which cannot be arranged outside working hours; (c) exposure to a contagious disease which would endanger others; (d) personal illness or injury to a spouse or child of an employee living in the same household as the employee up to a maximum of five (5) days per year. Section 2. Application for Sick Leave (a) To receive compensation while absent on sick leave, an employee must notify his or her immediate supervisor or Department Head at least one (1) hour prior to the scheduled commencement of his/her daily duties. Except in unusual circumstances, any failure to provide proper advance notification to the supervisor or Department Head shall result in the loss of one day's pay; for each succeeding day in which proper notification is not received, an additional day's pay will be lost. An employee who is absent for three (3) or more days without proper notification shall be deemed to have resigned. SOUTH CENTRAL April 29, 1994 2 ~ ~.~BO~\ CO.~C~.. Section 3. Utilization of Sick Leave (a) The Department Head may require a medical certificate signed by a licensed physician to substantiate a sick leave request for: (1) any period of absence due to illness of more than three (3) or more consecutive working days; (2) any period for which sick leave is claimed while an employee is on approved annual leave; (3) sick leave of any duration, if the employee in question has demonstrated a habitual or recurrent pattern of absence from duty and has been warned that a certificate will be required as a result, or when the Department Head has reason to believe that the employee has requested sick leave under false pretenses. (b) Any employee who takes sick leave under false pretenses will forfeit pay for any time taken off and will be subject to disciplinary action. Section 4. Accrual of Sick Leave Sick leave shall be earned as follows: 1 day per month of service Provided, however, that sick leave may be utilized immediately upon its accrual by a new employee. SOUTH CENTRAL April 29, 1994 2 ~ L~OR\ CONTACT.. Section 5. Employee's Option to Cash Out As of each anniversary of an employee's employment with the Board, the employee shall have the option to be paid for 50% of his or her accrued sick leave in excess of fifteen (15) days at the rate of 50% of such employee's then applicable base rate of pay. Such employee shall provide written notice to the Board of his election within the period commencing two (2) weeks prior to each anniversary and ending two (2) weeks after each anniversary of his original date of employment with the Board. Section 6. Maximum Accrual of Sick Leave (a) A maximum of sixty-six (66) days of sick leave may be accrued as of December 15 each year. (b) On December 15 of each year, all employees shall be paid for their accrued sick leave in excess of 66 days at 50% of the employee's base rate of pay. ARTICLE XIV -- FUNERAL LEAVE Section 1. Paid funeral leave of up to five working days/shifts missed as a result of such leave for the purpose of attending the funeral will be granted to an employee in the event of a death in the employee's immediate family. For purposes of this Article, an "employee's immediate family" is defined as the employee's spouse, father, mother, son, daughter, brother, sister, grandparent, mother-in-law, father-in-law, step-children, step- parents, step-brother, step-sister, or any relative who is SOUTH CENTRAL April 29, 1994 LASOR\CONT~ACT. M domiciled in the employee's household. Funeral leave shall not be charged to annual or sick leave. Any approved absence in excess of five days in connection with approved funeral leavewill be charged to accrued annual leave or, if no annual leave is accrued, to leave without pay. Section 2. Prior to pai~ funeral leave approval, an employee shall provide proof of death of the family member, as defined in Section 1. ARTICLE XV -- JURY DUTY Administrative leave with pay will be granted to an employee who is called for jury service which requires his absence from all or part of his scheduled duties. Any fee other than for transportation and allowance for subsistence will be turned over to the Employer. Provided, however, that if the fee exceeds the employee's ordinary rate of pay for the time of jury service, he or she may retain the portion of the fee which exceeds his or her regular pay. Provided further that an employee may retain any fee received for jury service which occurs at a time when the employee is not scheduled to work. Further, administrative leave with pay will be granted to an employee who is subpoenaed as a witness in any litigation where the Board is a party thereto. SOUTH CENTRAL April 29, 1994 2 ~ ~OR\~.T~CT. ~ ARTICLE XVI--SENIORITY Section 1. Definitions (a) Seniority means the rights and time under the terms of this Agreement accrued by the employee by continuous full-time employment With the Employer, excluding temporary, emergency, provisional and part-time regular'employment. (b) Employees shall accrue seniority on the basis of total time with the Employer for the purpose of: (1) vacation; (2) promotions; (3) lay-off. (c) Employees shall be in probationary status for the first six (6) months following their employment by the Employer. Probationary employees shall accrue no seniority until they become permanent full-time employees, whereupon their seniority will date from the first date of employment. (d) Part-time regular employees shall accrue no~ seniority until they become permanent full-time employees, whereupon their seniority will date from the first date of employment, computed on a pro-rata basis for the period of part-time employment. Section 2. The conditions under which an employee shall lose seniority are: (a) Voluntary resignation; (b) Discharge; (c) Layoff for a period of more than twelve (12) months; SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M (d) Retirement; (e) Unapproved absences of more than three (3) consecutive working days; Settlements as a consequence of arbitration or mutual agreement between the Union and the Employer may also result in reduction or elimination of seniority for a given employee. These settlements shall be without precedential value. Section 3. The Employer agrees that it will furnish to the Union a complete seniority list of bargaining unit employees upon the signing of this Agreement. The Union will be given notification of new unit employees and of terminated or separated unit employees. An updated seniority list will be supplied to the Union at six months' intervals, unless the parties mutually agree that a longer or shorter update interval is desirable. Section 4. Promotions (a) For purposes of this Section, qualifications will be defined as the employee's ability to efficiently and effectively assume the responsibilities and duties of a given position. (b) When employees are competing for a promotional vacancy, or for a promotional vacancy after lay-off, the employee's seniority and qualifications shall be considered, with qualifications being the deciding factor in filling said vacancy. If qualifications, as defined in Section 4(a), among competing employees are equal, seniority shall be the basis of selection. SOUTH CENTRAL April 29, 1994 3~ (c) Notice of promotional vacancies in the bargaining unit, including new or additional jobs, shall be posted on bulletin boards in bargaining unit work locations as soon as practicable after it is known that a vacancy exists or upon the determination that a new or additional job will be filled. Copies of all postings referred to in this paragraph shall be furnished to the Union at the time of posting. Such job notices shall identify the job by classification, title and department and the date on which the job is to be filled, and shall remain posted for a minimum period of three (3) working days. Section 5. Filling of Vacancies (a) Posted jobs shall be awarded as outlined in Section 4(b). However, if the job cannot be filled from the preceding step, the Employer shall have the right to fill the job from any available source, provided, however, any person filling the job must meet the same qualifications used to judge employees applying for the job from the previous step. (b) If a permanent employee promoted to a higher position is found unsuited for the work of the new position during the probationary period, he shall be reinstated to his former pay in the position from which he was promoted. A person filling the position of an employee that has been promoted will hold that position contingent on the promoted- employee successfully completing his six (6) month promotional probationary period. If the promoted employee for any reason is returned to his former SOUTH CENTRAL April 29, 1994 3~1 position the person filling that position would, in turn, be returned then to his former position. If no vacancy exists, the name of such employee shall be placed on the appropriate re- employment list. Section 6. Lay-off and Work Force Adjustment (a) In case of a lay-off due.to lack of work, or a work force adjustment due to a decrease in the work force, the Union and the affected employees shall be notified in writing no less than thirty (30) working days prior to the effective date of such lay-off or force adjustment. In lieu of notice, the Employer may elect to pay ten (10) days salary. (b) Recall of laid-off employees will be made in accordance with seniority classifications and by written notification by certified mail to their last known address. Recalled employees shall notify the Employer if they desire to return to work, within two (2) days of receipt of recall notice, and must return to work within ten (10) working days from receipt of recall notice. (c) Laid-off employees shall keep the Employer informed of their current mailing address if they wish to be recalled. Failure to keep the Employer so informed shall result in loss of recall rights. A laid-off employee shall be entitled to remain'on the recall list for a period of six (6) months following the layoff. SOUTH CENTRAL April 29, 1994 32 ~SOR\CO.~,,,.C~.~ Section 7. Board Seniority shall be used in conjunction with job classification for the purpose of lay-off, recall and job vacancies. ARTICLE XVII -- PRIMARY EMPLOYMENT Section 1. Employment bythe Board shall be the Employee,s primary employment. Any conflicts with employment outside the Board shall be resolved in favor of the employment by the Board. ARTICLE XVIII -- NO STRIKE Section 1. The Union recognizes that strikes by public employees are prohibited by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida Statutes. The Union agrees not to authorize, instigate, or otherwise support a strike, as defined in Section 447.203(6), Florida Statutes, and to take all affirmative action legally available to prevent or terminate any strike which occurs in contravention of this commitment. Section 2. The Firemen and Oilers Union, AFL-CIO, 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, or strike, or similar activities, which interfere with the operation and mission of the Board Administration, the consideration for such provisions being the right to a resolution of disputed questions. The Employer shall have the Tight to discipline any or all employees who violate the provisions of this article. SOUTH CENTRAL April 29, I994 LABOR\CONTRACT.M Section 3. In the event of a strike, work stoppage, or interference as defined in the Public Employees Relations Act, Section 447.203 (6), with the operation and accomplishment of the mission of the Board Administration, the President of the Union shall properly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of normal operations. An authorized Union Representative shall notify the Board within twenty-four (24 hours after the commencement of such strike), what measures it has taken to comply with the provisions of this article. Section 4. The provisions of this Article supersede any reference to the right to strike found in the International Constitution and Bylaws of the Firemen and Oilers Union, AFL-CIO. ARTICLE XIX -- WAGE CLASSIFICATION PLAN,. (a) Ail unit employees of the Board shall be placed in one of the following job classifications: (1) Laborer $ 15,896.00 to $ 23,200.00 (2) Maintenance Worker $ Operator I (Tr.) $ Clerk/Receptionist $ 18,411.00 to $ 26,300.00 18,411.00 to $ 26,300.00 18,411.00 to $ 26,300.00 (3) Admin. Asst. I $ 19,331.00 to $ 28,10.0.00 SOUTH CENTRAL April 29, 1994 3~ mmOR\CO,~CT.. (4) Laboratory Tech Mechanic I Operator II ("C") Admin. Asst. II $ 22,313.00 to $ 32,600.00 $ 22,313.00 to $ 32,600.00 $ 22,313.00 to $ 32,600.00 $ 22,313.00 to $ 32,600.00 (5) Mechanic II Operator III ("B) $ 24,652.00 to $ 35,900.00 $ 24,652.00 to $ 35,900.00 (6) Operator IV ("A") Pretreat. Coord. Electrician $ 27,124.00 to $ 39,500.00 $ 27,124.00 to $ 39,500.00 $ 27,124.00 to $ 39,500.00 Operators who (b) Supplement for Shift Lead Operator~. are assigned the responsibility of Shift Lead Operator from time to time by the Executive Director shall be entitled to a supplement equal to five percent (5%) of their base hourly pay for such time as they shall be classified as a "Shift Lead Operator". The duties of Shift Lead Operator shall include but shall not be limited to: (1) Assuring that the plant is run according to operating parameters established by Chief of Operations or his designated representative (2) Maintaining operational records (3) Analyzing operational data to determine and make operation changes required to maintain operating parameters SOUTH CENTRAL 35 April 29, 1994 LABOR\CONTRACT.M (4) Receiving and logging equipment, supplies and chemicals (5) Checking all pumps, motors and equipment for proper operations, make adjustments and repairs, if possible, reporting equipment which is not operating properly (6) Cleaning operating areas as required (7) Directing subordinates (8) Communicating and discussing operational problems and parameters with Shift Lead Operators of the preceding and following assigned shift, ten minutes prior to shift change. (c) Supplement for Relief Operators. Operators who are assigned the responsibility of and designated as the "Relief Operator" from time to time by the Executive Director shall be entitled to a supplement equal to five percent (5%) of their base hourly pay during such time as the operator shall be designated as the "Relief Operator" by the Executive Director. (d) Merit. Upon completion of one year of employment of the employee, such employee shall be granted an automatic increase in salary equal to five percent (5%) of his then hourly salary rate. On the anniversary date of each employee ~for each subsequent year of employment, the Executive Director is authorized to recommend the granting or rescinding of an increase in salary as to any SOUTH CENTRAL April 29, 1994 ~O~\CONT~CT., employee when an increase or rescission is justified. Increases may be in a range between one percent (1%) and five (5%) percent of the employee's hourly salary rate up to the top of their pay range. Employees are not automatically entitled to increases andonly one increase will be al!lowed during an employee's anniversary year. This approach isa system where top performance can be recognized by the Executive Director. Annual evaluations should be done by someone who observes the employee's performance from time to time. A criteria will be established, in writing, by management how evaluations will be conducted including the criteria for the same. (e) The Board will continue to pay the license renewal fees for A, B, & C Operators, Electricians and for the Florida Water Resource Journal as received by the operators. ARTICLE XX COMPREHENSIVE DRUG AND anCOHOL ABUSE POLICY AND PROCEDURES The parties recognize that employees are not immune from the problems which face society in general. The problems of drug and alcohol abuse have become widespread throughout our community and nation. While the Employer does not have reason to believe that any employee is abusing alcohol or drugs, the only effective means of avoiding potential problems is through a comprehensive policy directed against alcohol and drug abuse by employees. The purpose of the policy is to reduce and hopefully eliminate drug and alcohol abuse by employees. The policy for off-duty problems is intended SOUTH CENTRAL April 29, 1994 3~ to be corrective rather than punitive in application. Employees found to have an off-duty alcohol or drug abuse problem will be given an opportunity for rehabilitation before disciplinaryaction is imposed. The primary objective of the policy is to provide a safe and healthful work environment for all employees, and thereby provide the highest level of service to the .public. Section 1. Definitions (a) Alcohol abuse means the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee's ability to perform his or her job duties. The use, or being under the influence of alcohol or alcoholic beverages on the job by employees is strictly prohibited. (b) Drug abuse means the ingestion of any controlled substance as defined in Section 893.03, Florida Statutes, not pursuant to a lawful prescription. The term drug abuse also includes the commission of any act prohibited by Chapter 893, Florida Statutes. (c) Illegal drugs means any controlled substance as defined in Section 893.03, Florida Statutes, not possessed or taken in accordance with a lawful prescription. Section 2. Physical Fitness and Examinations (a) Every applicant for employment with the Employer (including applicants for full-time, part-time and volunteer positions), and each re-employed employee may be required to present proof that he or she is physically fit to perform the SOUTH CENTRAL April 29, 1994 duties of the job which the applicant or re-employed employee seeks. Applicants for employment shall be required to take a physical examination, including blood or urine tests for the presence of illegal drugs. Applicants for employment whose blood or urine is found to contain the presence of illegal drugs shall not be considered fit to perform the duties of the job which the applicant seeks. The physical examination shall be completed prior to the applicant's entry on the job. (b) All employees by position classification within a Department, including managerial and supervisory employees, may be required to take (if the Employer institutes such a program in the future) an annual physical examination at such times as may be specified within the calendar quarter in which the employee's anniversary date occurs. (c) Any such annual physical examinations taken by the employees, if instituted by the Employer, shall include a blood- urine test for the presence of illegal drugs and alcohol as per Article XIX of this Contract. (d) The Executive Director may also require an employee to take a physical examination that shall include a urine/blood test for the presence of illegal drugs or alcohol at any time the Executive Director reasonably suspects that the employee is not physically or medically fit to perform his or her duties, provided that no such test shall be required, whenever reasonably possible, unless two persons corroborate the reasonable suspicion. SOUTH CENTRAL 39 April 29, 1994 LABOR\CONTRACT.M (e) Furthermore, the Executive Director may require an employee to take a physical examination and/or give a urine or blood specimen for testing whenever the Executive Director or any other supervisory employee has a reasonable suspicion that the employee has been on duty or has reported for duty under the influence of alcohol or illegal drugs, provided that no such test shall be required., whenever reasonably possible, unless two persons corroborate the reasonable suspicion. (f) The use or illegal drugs on or off duty byemployees of the Employer is strictly prohibited. For the purposes of this Contract, a reasonable suspicion is a suspicion which is based on specific, objective facts derived from the surrounding circumstances from which it is reasonable to infer that further investigation is warranted, provided that no such test shall be required, whenever reasonably possible, unless two persons corroborate the reasonable suspicion. (g) An employee may be required to provide a blood or urine specimen for testing in accordance with this article whenever the employee is involved in an accident while operating the Employer's vehicle, when the accident results in property damage exceeding $500 or personal injury. (h) The Employer will pay the cost. of any physical examinations and tests required by this policy Physical examinations and/or blood/urine specimens will normally be obtained while the employee is on duty. If the employee is required to SOUTH CENTRAL April 29, 1994 4 ~ umo~\co~,,.c~. ~ submit to the examinations or testing, or await test results, other than during normal duty hours, said employee shall be placed on leave of absencewith pay. The physical examinations and tests will be performed by medical personnel selected by the EmPloyer (and the Employer shall supply the Union with a list, that may be amended from time to time solely by the Employer of those medical personnel selected by the Employer, not to include the County Health Department). Employees who take a physical examination or blood/urine test in accordance with this policy shall be required to sign an authorization releasing the records of such examinations and tests to the Employer. The Employer will endeavor to provide the Union with copies of all pertinent forms requiring employee execution in order to allow the Union to explain or review same with all Bargaining Unit members. The Employer shall strictly observe and maintain the confidentiality of such employee medical records to the extent permitted by law. (i) Prior to the time an employee is actually taken to the examination testing facility, said employee shall be permitted to contact a person of his/or cho0sing by telephone. An employee's failure or refusal to take a physical examination or give a urine or blood specimen in accordance with this policy will be cause or discipline up to and including discharge. (j) The Employer will, to the 'extent permitted by law, endeavor to keep the results of any testing required by Employer confidential. Furthermore, any results of positive testing which SOUTH CENTRAL April 29, 1994 4 ~ n, mo~\ ~o,~c~., Section 3. 'and Drugs (a) shall utilize are later refuted and accepted by the Employer shall have affixed thereto the subsequent refutation. Blood/Urine Tests for the Presence of Alcohol In testing for the presence of alcohOl, the Employer a generally accepted blood test procedure which produces quantitative results showing the amount of alcohol present in the blood. Whenever an employee is required to provide urine for the testing procedures set forth below, the emplOyee shall be required to provide two specimens at the time of collection in order to facilitate the testing procedures descried herein. (b) The test thresholds for both sets of urine tests shall be as follows: 1. For the threshold testing: DRUG CUT-OFF LIMIT Amphetamines Barbiturates Benzodaizepine Benzoylecgonine (Cocaine Metabolite) Cannabinoids (THC, Marijuana) Methadone Methaqualone (Quaaludes) Opiates (Morphine/Codeine) Phencyclidine (PCP, Angel Dust) 500 ng/ml 500 ng/ml 500 ng/ml 500 ng/ml 75 ng/ml 500 ng/ml 500 ng/ml 500 ng/ml 75 ng/ml 2. For the subsequent GC/MS ( Gas Chromatography/Mass Spectroscopy) test (for confirmation purposes): DRUG COMPOUNDS CUT-OFF LIMIT Amphetamines Barbiturates 300 ng/ml 300 ng/ml SOUTH CENTRAL April 29, 1994 Benzodaizepine Benzoylecgonine (Cocaine Metabolite) Cannabinoids (THC, Marijuana) Methadone Methaqualone (Quaaludes) Opiates (Morphine/Codeine) Phencyclidine (PCP, Angel Dust) 300 ng/ml 300 ng/ml 50 ng/ml 300 ng/ml 100 ng/ml 300 ng/ml 75 ng/ml When such tests are performed, the threshold level for determination of an employee being under the influence of alcohol shall be: .10 or more percent by weight or alcohol in the blood sample tested. For illegal drugs othe~ than those specified above, the threshold level or cut-off limit shall be established in accordance with generally accepted medical procedures. For purposes of this contract, illegal drugs shall be those substances defined as controlled in Schedules I, II, III, and IV of Chapter 893 of the Florida Statutes or as said Chapter may be amended from time to time byrule or otherwise, and controlled substance analogs as such substances are listed in Chapter 893 of the Florida Statutes or as said Chapter may be amended from time to time by rule or otherwise. (c) In testing for the presence of illegal drugs, the Employer shall submit the first of the samples for testing, which in the first instance, shall utilize an immunochemical assay or radioimmunoassay test on the employee's urine. If the initial test is positive for an illegal drug, the same urine specimen shall be subjected to a further test using the gas chromatography, then layer chromatography or gas chromatography/mass spectrometry method for verification. For non-probationary employees, if both the SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M initial and verification tests are positive for an illegal drug, the employee shall receive notification Employer in the manner set forth herein. ~provide~ such notification, the employee of results from the In order to timely shall be required to contact by telephone or.in person a representative of the Employer designated in advance by the:Employer, not later than one (I) hour after a date and time specifically given to the employee for his/her requirement to contact a designated representative of Employerby telephone. At the time the employee makes such contact with the representative of the Employer, the employee must decide whether or not he/she wishes the second specimen provided at the initial collection to be further tested by the Employer. If the employee so requests, then this second specimen shall be tested by the Employer utilizing medical personnel different than that used by the Employer for the initial test. If the employee fails to contact the representative of the Employer within the time frame set forth above, or the employee does not request the testing of the second specimen, or if the employee does request the testing of the second specimen and it also tests positive for an illegal drug, rehabilitative/corrective action shall be taken as specified below. Section 4. tire/Corrective Action (a) Upon Postinq-testinq and Rehabilita- request by employees whose final test results are negative, the Employer shall provide whatever informa- tion it has in its possession that is subject to disclosure under SOUTH CENTRAL April 29, 1994 4~ Chapter 119, Fla. Stat., and not subject to other confidential privileges, regarding the basis for the Employer's requiring the illegal drug or alcohol urine/blood testing other than as a part of any annual physicals. (b) Applicants for employment whose urine is found to contain the presence of illega~ drugs shall not be considered fit to perform the duties of the job which the applicant seeks. (c) Probationary employees whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the influence of illegal drugs or alcohol while on duty, shall be dismissed. (d) Any non-probationary employee found to have used or been under the influence of illegal drugs, or under the influence of alcohol (.10 or more percent by weight of alcohol in the person's blood) while on duty shall be subject to disciplinary action, up to and including dismissal. (e) A non-probationary employee whose blood or urine is found to contain the presence of illegal drugs, or who is fund to have engaged in alcohol abuse, may be placed on a leave of absence without pay for a period of up to sixty (60) days. The leave of absence may be extended bythe Executive Director for good cause shown. The employee may use any accumulated sick leave or vacation during the leave of absence. The purpose of the leave of absence is to give the employee an opportunity to rehabilitate himself or herself from abusing alcohol and/or illegal drugs. The SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M Employer may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by a physician designated by the Employer, the employee, subject to the requirements below, shall .be returned to ~employment in the same or similar position (same schedule as to shift or non-shift) to the one which the employee occupied before his or her leave of absence at the same rate of pay as if the employee did not take such a leave of absence. Prior to resuming employment with the Employer, the employee shall be required to take a physical examination which shall include a blood and/or urine test for the presence of alcohol and/or illegal drugs. The returning employee shall be placed on probationary status or a period of one (1) year following his/her return to employment with the Employer. During the one year probationary period, the Employer may require the employee to take unannounced blood and/or urine tests for the presence of alcohol and/or illegal drugs. If at any time during the probationary period, the employee's blood or urine is found to contain the presence of alcohol or illegal drugs, utilizing the double testing procedures set forth in Section 3(c) above, the employee shall be subject to disciplinary action, up to and including dismissal. Thereafter, if the employee's blood or urine is found to contain the presence of illegal drugs, utilizing the double testing procedures set forth in Section 3(c) above, the employee shall be SOUTH CENTRAL April 29, 1994 4 ~ umo~\co.~c~. ~ subject to disciplinary action, up to and including dismissal; and, as to alcohol, the provisions of Section 4(d) shall apply. ARTICLE XXI -- DURATION Section 1. This Agreement shall become effective as of the date of ratification by both parties, and shallremain in full force and effect until September 30, 1996. Section 2. The parties mutually acknowledge that, unless both parties agree, no further collective bargaining will take place during the life of this Agreement with respect to any matter which could have been made subject to negotiations prior to the execution and ratification of this Agreement. Provided, however, during the duration of this Agreement, either party may notify the other in writing of its desire to negotiate supplements to this Agreement, limited to changes in wages, hours, and terms or conditions of employment required by changes in applicable law occurring subsequent to the date the Agreement is ratified byboth parties. Section 3. Unless otherwise agreed, either party may give written notification to the other party of its desire to open negotiations for a successor agreement. Section 4. The parties hereby agree that this Agreement may be reopened for purposes of negotiating wages for fiscal year 1995-1996. SOUTH CENTRAL April 29, 1994 LABOR\ CONTRACT. M ARTICLE XXII --UNION DUES Section 1. Upon receipt of a stipulated, lawfully executed written authorization from an employee, the Employer agrees to deduct the regular dues of the Union from the employee's pay on a 'bi-weekly basis, and to remit all sums so deducted once per month to the Union. The Union will notify theEmployer in writing thirty (30) days prior to any change in the regular dues structure. It is understood that an employee may revoke in writing at any time his authorization for dues deduction. Dues revocation will be processed through the Union, but in the event of direct revocation, the Union will be notified as soon as is practicable. Section 2. Assignment and Deduction Authorization The written dues deduction authorization contemplated by Section 1 above is the Assignment of Wages/Dues Deduction form attached as Appendix B ..... Section 3. Dues shall be' deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees contributing to the Treasurer of Local 1225 within fifteen (15) days after the end of the month. The Union will indemnify, defend and hold the Employer harmless against any claims made or suits instituted against the Employer on account of payroll deduction of Union dues. SOUTH CENTRAL April 29, 1994 r~mo~\cow~c~. ~ ARTICLE XXIII --INFORMATION REQUESTS Section 1. The Board agrees to furnish to the Union at the same time and under the same conditions as such documents are made available to the general public and at no charge, one (1) copy of the following= annual financial report, final adopted budget and extracts of the minutes of any meeting of the Board. Payroll information covering members of the Bargaining Unit and a roster of Bargaining unit members, addresses and phone numbers, one (1) copy alphabetized by job classification including employee's name will be provided to the Union at no charge. An updated copy of such information will be provided upon written request of the Union once every six .i(6) months at no charge. Section 2. Ail records shall be made available for inspection in accordance with the provisions of the Public Records Act., Chapter 119, Florida Statutes. ARTICLE XXIV -- LEAvE WITHOUT PAY Section 1. Employees may request, in writing, a leave of absence without pay for up to twelve (12) months. Such requests shall be submitted to the department director, who shall make a to grant or deny the request to the Executive recommendation Director. Section 2. The decision to grant leave without pay (Leave of Absence) is a matter of exclusive administrative discretion. The Executive Director will weigh each request and determine each case SOUTH CENTRAL April 29, 1994 LASOR\CON~ACT.M on its own merits. The reason for approval or denial shall be given in writingand no request may be arbitrarily withheld. Any approval for leave shall be subject to the Board having been able to obtain a temporary replacement for such position prior to the -effective date of such leave. Section 3. An employee granted a leave of absencemust keep his department informed, every three (3) months, of his current activity (school, medical, military, etc.). In addition, he must keep his department advised of his current address at all times. Section 4. An employee granted a leave of absence and who wishes to return before the leave period has expired, shall be required to give his department director at least two weeks advance written notice. The employee must be permitted to return to work within two (2) weeks following the department director's receipt of such notice. Section 5. An employee granted leave of absence shall, upon the termination and/or expiration of the leave, return to the job classification and rate of pay held at the time of going on leave. Failure to return to work on the scheduled date shall result in termination unless an extension of the leave is approved prior to the return date by the Executive Director. Section 6. Group life and hospitalization insurance coverage may be continued for a maximum period of ninety (90) days while on authorized leave of absence, provided premium payments are kept current by the employee. In case of leave of absence for illness, SOUTH CENTRAL 50 April 29, 1994 LA~OR\CONT~ACT.M 'the maximum period shall be twelve (12) months during which period both group life and hospitalization may be continued provided premium payments are kept current. Section 7. Employees shall first be required to utilize all available leave with pay prior to being granted leave without pay. ARTICLE XXV -- MILITARY LEAVE Section 1. Full-time employees in the Board service who are members of military reserve units and who must attend annual training sessions are entitled to a leave of absence with full pay, The Board of South Central Regional Wastewater Treatment and Disposal Plant pursuant to Florida Statutes, Section 115.07 - Officer's and Employee's Leave of Absence, grants up to seventeen (17) daysleave with pay each year in order that such employees may fulfill their military obligations. Section 2. Full-time employees who leave Board service for active duty in the U.S. armed forces shall be entitled to reemployment in accordance with applicable provisions of Federal and State law. ARTICLE XXVI -- PRODUCTIVITY Section 1. The Union and the Board recognize that they have a clear responsibility to give the public maximum efficiency. Therefore, the Union pledges that it will actively promote and SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M encourage the employees to increase their productivity in order to maintain appropriate services to the citizens of the SouthCentral Regional Wastewater District and to alleviate the possible necessity of curtailing services. ARTICLE XXVII -- SAFETY AND HEALTH Section 1. Departmental Management will make every reasonable 'effort to provide and maintain safe working conditions. To this end the Union will cooperate and encourage the employee to work in a safe manner. A Safety Committee will be established comprised of one (1) person from each of the following areas: Office, Operations, and Maintenance, and the Union shall designate a representative to such Committee. The Committee will meet on a regular basis with the Safety Director for the purpose of reviewing unsafe working conditions as reported to the and reporting Committee. Section 2. In the event an employee leaves the employment of the department or the Board the employee shall return all uniforms and safety equipment to the Department. Section 3. The Board will provide the employee the sum of Seventy-five Dollars ($75.00) per year for the purchase of safety shoes and will pay for medically prescribed safety glasses in the manner as currently practiced. Section 4. Training will be an ongoing practice for all emplOyees and placing safety, job performance proficiency and S'OUTH CENTRAL April 29, 1994 ~o~\¢o,T~c~., superior service to the communities as the number one goals to be obtained by the Board. ARTICLE XXVIII -- GROUP INSURANCE Section 1. The Board shall pay full cost of the employee's hospitalization (medical-surgicaleoverage, and major medical), and life insurance coverage for fulltime employees, and any increases in the premium for such coverage during the term of this Agreement. Employees may purchase dependent hospitalization coverage at their option by paying the full cost of such coverage. The Board may change the hospitalization and life insurance coverage provided for employees with advance notice to the Union. Section 2. Life Insurance. The Board hereby agrees that all eligible employees in the unit will be provided life insurance coverage in an amount equal to $10,000.00. Employees will also have the option to purchase at their expense, when available, additional insurance up to their annual base earnings. Section 1. workday, full ARTICLE XXIX -- MISCELLANEOUS On the first full day and up to the seventh full compensation coverage will be paid on any work connected injury or illness and then the Workmen's Compensation coverage will be the primary coverage. Section 2. Notice of all Board meetings shall be posted on bulletin boards for the employee's information. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M ARTICLE XXX -- SAVINGS CLAUSE Section I. If any Article or Section of this Agreement should be found unlawful, or unenforceable by a court of competent jurisdiction or by State Statute or by Federal Statute, all other Articles and Sections of this Agreement shall remain in full force and effect for the duration of this Agreement. Section 2. In the event of such finding, the parties will meet within thirty (30) days to negotiate a replacement Article or -Section. In witness whereof, the parties have hereto entered into this Agreement on this 21stday of By: ~1, ESq. April , 1994. SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD Chairman INTERNATIONAL BROTHERHOOD OF FIREMEN & OILERS, LOCAL 1225, AFL-CIO COMMITTEE MEMBERS SOUTH CENTRAL April 29, 1994 umo~\co~c~.~ SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M APPENDIX ~ GR~EVA_-~CE FOI~ (Type or Print Clearly in Ink) Name of Grievant: Job of Grievant: Date Grievance Occurred: A. Give Article(s) and Section(s) of Contract which Grievant claims were violated: B. State concisely facts relied on by Grievant: SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M C. State relief requested by Grievant: Date Grievant Date Steward STEP 1 ~SPONSE The grievance is denied. The grievance is granted. The grievance is granted in part and denied in part in the following manner: REASONS: Date Supervisor SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M The Grievant, the Union, and the Employer agree to settle this grievance in the following way: Check One Precedent: Not Precedent: This settlement is intended to be precedent and"shall govern the parties' application of the contract provisions identified in this grievance to factual situations identical to that which gave rise to this grievance. This settlement is only to resolve this particular grievance and avoid the trouble and expense to all parties of proceeding further. This settlement has no precedential value. It shall not be interpreted as an expression of policy or contract interpretation or application by the parties. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M LEGEND Text with this symbol is text which is being added to the document. *Union Reserves Issue. ^Board Reserves Issue. THIS IS A NEGOTIATING DRAFT ONLY AND HAS NOT BEEN APPROVED BY EITHER THE BOARD OR THE UNION. SOUTH CENTRAL April 29, 1994 LABOR\CONTRACT.M