Blue Collar 10/01/11 to 9/30/13 RESOLUTION R13 -036
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
RATIFYING THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH, FLORIDA AND THE
SEIU FLORIDA PUBLIC SERVICES UNION, CTW,
CLC — BLUE COLLAR UNIT FOR THE THREE
YEAR PERIOD OF OCTOBER 1, 2011 THROUGH
SEPTEMBER 30, 2013, AND AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
4
$ WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services
Union, CTW, CLC — Blue Collar Unit have successfully concluded negotiations for a
three (3) year contract; and
WHEREAS, on February 26, 2013, the Agreement was ratified by the Bargaining
Unit of the Union; and
WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
the best interests of the residents and citizens of the City to ratify the Agreement and
.. authorize the Mayor and City Clerk to execute the same; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
ratified and confirmed by the City Commission.
Section 2. The City Commission of the City of Boynton Beach, Florida does
i hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida
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Public Services Union, CTW, CLC — Blue Collar Unit for the three (3) year period of
. October 1, 2011 through September 30, 2013, and authorizing and directing the Mayor
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and City Clerk to execute the Agreement, a copy of said agreement being attached hereto
as Exhibit "A ".
Section 3. This Resolution will become effective immediately upon passage.
PASSED AND ADOPTED this 16 day of April, 2013.
CITY OF BOYNTON BEACH, FLORIDA
1 ayor — Je Tay10
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11 i•e Mayor — Woodrow L. .
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1: Commis 'on-r — David T. Merr. -r
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Commissioner — Michael M. Fit trick
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r Co missioner — Joe Casello
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31 . - t M. Prainito, MMC
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R 13 - 036
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC
BLUE COLLAR BARGAINING UNIT
October 1, 2011 to September 30, 2013
ARTICLE 1 4
1.0 PREAMBLE 4
ARTICLE 2 5
2.0 RECOGNITION 5
ARTICLE 3 6
3.0 RIGHTS OF EMPLOYEES 6
ARTICLE 4 7
4.0 MANAGEMENT RIGHTS 7
ARTICLE 5 9
5.0 STRIKES 9
ARTICLE 6 10
6.0 NON - DISCRIMINATION 10
ARTICLE 7 11
7.0 REPRESENTATION OF THE CITY 11
ARTICLE 8 12
8.0 UNION REPRESENTATION 12
ARTICLE 9 14
9.0 COLLECTIVE BARGAINING 14
ARTICLE 10 15
10.0 UNION TIME POOL 15
ARTICLE 11 16
11.0 BULLETIN BOARDS 16
ARTICLE 12 17
12.0 DISCIPLINE AND PERFORMANCE MANAGEMENT 17
ARTICLE 13 20
13.0 GRIEVANCE AND ARBITRATION PROCEDURES 20
ARTICLE 14 23
14.0 BASIC WORK WEEK AND OVERTIME 23
ARTICLE 15 25
15.0 TASK ASSIGNMENT - SOLID WASTE 25
ARTICLE 16 27
16.0 WORK BREAKS 27
ARTICLE 17 28
17.0 COMPENSATORY TIME 28
ARTICLE 18 29
18.0 WAGES 29
ARTICLE 19 30
19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS 30
ARTICLE 20 33
20.0 STANDBY & CALL BACK PAY 33
ARTICLE 21 35
21.0 WORKING IN A HIGHER CLASS 35
ARTICLE 22 36
22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES 36
ARTICLE 23 37
23.0 EMERGENCY PAY POLICY 37
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 1
ARTICLE 24 38
24.0 CERTIFICATION PAY 38
ARTICLE 25 39
25.0 SICK LEAVE 39
ARTICLE 26 41
26.0 WORKERS' COMPENSATION 41
ARTICLE 27 42
27.0 LIGHT DUTY 42
ARTICLE 28 43
28.0 VACATION 43
ARTICLE 29 45
29.0 BONUS HOURS AND BONUS INCREASES 45
ARTICLE 30 46
30.0 HOLIDAYS 46
ARTICLE 31 47
31.0 COMPASSIONATE LEAVE 47
ARTICLE 32 48
32.0 MILITARY LEAVE 48
ARTICLE 33 49
33.0 LEAVE OF ABSENCE 49
ARTICLE 34 50
34.0 UNAUTHORIZED ABSENCE 50
ARTICLE 35 51
35.0 JURY DUTY 51
ARTICLE 36 52
36.0 SENIORITY AND LAYOFF 52
ARTICLE 37 53
37.0 RECRUITMENT AND SELECTION 53
ARTICLE 38 54
38.0 SAFETY AND HEALTH 54
ARTICLE 39 56
39.0 TOOL ALLOWANCE 56
ARTICLE 40 57
40.0 UNIFORMS 57
ARTICLE 41 59
41.0 INSURANCE 59
ARTICLE 42 60
42.0 PERSONNEL FILES 60
ARTICLE 43 61
43.0 TUITION ASSISTANCE PROGRAM 61
ARTICLE 44 62
44.0 GENERAL PROVISIONS 62
ARTICLE 45 63
45.0 DUES DEDUCTION 63
ARTICLE 46 65
46.0 PENSION 65
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 2
ARTICLE 47 66
47.0 SUBSTANCE ABUSE 66
ARTICLE 48 67
48.0 PROBATIONARY PERIOD 67
ARTICLE 49 68
49.0 LONGEVITY BENEFIT 68
ARTICLE 50 69
50.0 SAVINGS CLAUSE 69
ARTICLE 51 70
51.0 MODIFICATIONS OF CONDITIONS 70
ARTICLE 52 71
52.0 POSTING OF AGREEMENT 71
ARTICLE 53 72
53.0 COLLATERAL DOCUMENTS 72
ARTICLE 54 73
54.0 DURATION 73
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 3
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 SEIU
Florida Public Services Union CTW, CLC, hereinafter referred to as the "Union."
The general purpose of this Agreement is to set forth terms and conditions of
employment and to promote orderly and meaningful labor relations for the
mutual benefit 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 effective, 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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 4
ARTICLE 2
2.0 RECOGNITION
2.1 The City of Boynton Beach hereby recognizes the SEIU Florida Public Services
Union, CTW, CLC 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 public 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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 5
ARTICLE 3
3.0 RIGHTS OF EMPLOYEES
3.1 The employees in the bargaining unit shall have the right to join or assist the
Union or to 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 Union representative to be present when the employee
is subject to an investigatory interview and the employee has a reasonable belief
that discipline or other adverse consequences may result from what he or she
says.
SEN Florida Public Services Union, CTW, CLC — Blue Collar 6
ARTICLE 4
4.0 MANAGEMENT RIGHTS
4.1 Except and only to the extent that specific provisions of this Agreement expressly
provide otherwise, it is hereby mutually agreed that the City has and will
continue to retain, the right to organize, plan, direct, control, operate and manage
its affairs and those of its employees in whatever manner it deems appropriate in
each and every respect. The parties to this Agreement hereby agree that, in
construing this section, the legal principle that "the expression of one item is the
exclusion of another" shall not apply. Rather, full effect shall be given to the
intention of the parties that management shall retain all constitutional, ordinance,
inherent, common law, or other rights except to the extent specific provisions of
this Agreement expressly provide otherwise. The Union recognizes the
prerogatives of the City to operate and manage its affairs in all respects; and the
powers and authority, which the City has not abridged, delegated or modified by
this Agreement, are retained by the City. The rights reserved to the sole
discretion of the City shall include, but not be limited to, the right:
4.1.1 To determine the purpose and mission of the City and all its employees,
to determine the amount of budget to be adopted, and to exercise control
and discretion over the organization and operation of the City in all
respects including the right to determine whether goods or services are to
be made, provided or purchased and to decide the design and
maintenance of the departments, facilities, supplies and equipment.
4.1.2 To maintain economic stability.
4.1.3 To change or eliminate existing methods of operation, equipment, or
facilities and to adopt and implement 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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 7
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 of general improvement programs.
4.1.15 In a civil emergency, to use personnel in any lawful manner.
4.2 If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane
conditions, tornado, national emergencies, or other emergency conditions, the
provisions of this Agreement may be suspended by the City during the time of
the declared emergency.
4.3 The City has the right to impose something that is unilateral in nature, and the
Union has the right to object to that decision. If the City does impose something
on a unilateral basis and the Union after notice fails to object to that decision
within six (6) months, it shall be considered finally imposed.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 8
ARTICLE 5
5.0 STRIKES
5.1 The SEIU Florida Public Services Union, CTW, CLC , 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 clown, 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 intemational
representative of the Union shall promptly and publicly disavow such strike or
work stoppage and order the employees to retum to work and attempt to bring
about prompt resumption of the normal operations. The Union representatives
shall notify the City twelve (12) hours after commencement of such strike, what
legitimate measures it has taken to comply with the provisions of this Article.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 9
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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 10
ARTICLE 7
7.0 REPRESENTATION OF THE CITY
7.1 The City shall be represented by the City Manager, or a person or persons
designated in writing to the Union by the City Manager.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 11
ARTICLE 8
8.0 UNION REPRESENTATION
8.1 The City agrees to recognize the Union's officers and six (6) City employee
stewards as agents of the Union. The Union shall furnish written notice to the
Department Head of the designated Union officers and stewards within three (3)
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 six (6) 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/or security purposes.
8.3 Union stewards will be granted leave to engage in collective bargaining subject
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 including Labor- Management
meetings, subject to Article 9.2.
8.4 Union Stewards may be granted leave and may utilize "Union Time Pool" time to
engage in the following representative activities:
A. When an employee is required to appear at a hearing related to a
grievance and or arbitration.
B. When an employee is responding to disciplinary action or
investigation.
C. When an employee is attending a pre - determination conference.
D. 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 affect 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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 12
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 affect 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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 13
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. 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 three (3) stewards or bargaining unit members may
participate in collective bargaining while on duty, without loss of pay.
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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 14
ARTICLE 10
10.0 UNION TIME POOL
10.1 Bargaining unit members may donate, on an annual basis, from 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 to permit designated Union
stewards to engage in representative activities or bargaining activities as
specified in Articles 8 and 9. Donations to the Union Time Pool shall be
solicited by the Union during ratification of this Agreement or any other non-
work time. Donations shall be on an annual basis and deducted/transferred from
the employee's appropriate leave bank during the month of October. All time
will be distributed on an hour -to -hour basis. 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 Time shall be transferred from the employees appropriate leave bank each year of
the Agreement during the month of October.
10.3 Time Pool Hours shall roll over from one year to the next.
10.4 Union representation shall utilize the designated Union Time -Out Slip when
using time pool hours.
10.5 Union Time Pool hours shall only be used for a steward's leave from assigned
regular duties.
10.6 Union Time Pool hours shall be classified as paid leave from work.
10.7 The City may delay 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 such a manner
that deprives any 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 parties.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 15
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 SEIU Florida Public Services CTW, CLC members. 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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 16
ARTICLE 12
12.0 DISCIPLINE AND PERFORMANCE MANAGEMENT
12.1 PURPOSE
The City is committed to recruiting, training, and retaining qualified employees
who will contribute to the City's mission. The success of the City government in
providing quality and efficient public service directly correlates with appropriate
employee conduct and performance. The City and the Union encourage to the
fullest degree, behavior which is positive and supportive of the goals of effective
municipal management. The City and the Union recognize the need to provide
feedback to employees regarding performance and conduct and agree that
appropriate disciplinary action must be taken when an employee's conduct of
performance is inconsistent with the needs and goals of the City.
12.2 VERBAL REMINDERS
A Verbal Reminder is used to establish that an employee knew or should have
known that his/her conduct or behavior is/was not appropriate or that his/her
performance is not acceptable. A Verbal Reminder is intended to correct
conduct, behavior, or performance before it reaches a level that requires
disciplinary action to be taken. Verbal Reminders or other instructive verbal
communication does not constitute discipline, and an employee is not entitled to
Union representation when management is providing such reminders.
12.3 PROGRESSIVE DISCIPLINE
Progressive discipline is suggested when circumstances support its use. No
bargaining unit member shall be disciplined except for cause. Progressive,
consistent, and appropriate discipline will be administered according to the
seriousness of the offense. The following disciplinary actions shall be utilized,
and, depending on the severity of the offense, the first action may be at any
appropriate level, including termination of employment.
12.4 TYPES OF DISCIPLINARY ACTION
A. Written Counseling
B. Written Notice and/or Performance Improvement Plan
C. Final Written Notice, Suspension, or Disciplinary Demotion
D. Termination of Employment
12.5 TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION
Employees may:
A. Provide Written Statements for Employee File in Response to
Discipline
B. Request Administrative Review with Human Resources Director or
designee
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 17
1) Request in writing within ten (10) calendar days of
disciplinary action
2) For review of disciplinary action greater than a Written
Counseling
3) Disposition of Human Resources Director or designee is
provided in writing to employee within thirty (30) calendar
days; decision is final and not subject to further review.
C. Participate in a Pre- Determination Conference
1) For review prior to the effective date of suspension without
pay of three (3) or more days or a termination
2) Timely elect to have and attend the Pre - Determination
Conference with or without representation
3) Present information to the Human Resources Director (or
designee) in defense against or mitigation of the
recommended disciplinary action
4) Receive written notice of the City's decision to uphold,
modify, or reverse the recommended disciplinary action.
12.6 EXTREME MISCONDUCT
The following list, although not all - inclusive, is representative of acts the City
and Union agree constitutes "extreme misconduct," and as such, may result in
termination of employment.
A. Theft or removal of City property without appropriate authorization
B. Acts or threats of violence while on duty
C. Dishonesty; giving false information, failure to or refusal to fully and
truthfully cooperate in City - initiated investigations
D. Falsification of City records, including but not limited to attendance
records, work orders, and other work - related reports
E. Falsifying employment application/documents, concealing
information or misrepresenting information during employment
screening or processing
F. Soliciting or accepting and unauthorized fee or gift; failure to
comply with Florida Statute Chapter 112, or failure to comply with
Palm Beach County Ethics
G. Conviction of a crime (including non -work related) involving theft,
fraud, violence, dishonesty, or moral turpitude (conduct unbecoming
a City employee)
H. Use of alcohol while on duty or performing work while under the
influence of alcohol.
I. Possession, use, or sale of illegal drugs or possession, use, or sale of
controlled substances for which the employee does not have a
prescription.
J. Other misconduct the City and the Union mutually deem as
"extreme" and counter to the conduct reasonably expected of that of
a City employee.
12.7 CRIMINAL CHARGES
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 18
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 all final dispositions 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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 19
ARTICLE 13
13.0 GRIEVANCE AND ARBI'1'EATION PROCEDURES
13.1 A grievance is defined as a dispute or disagreement involving the application or
interpretation of this Agreement. Issues or disputes which are not grievances as
so defined shall not be subject to arbitration, but may be processed through the
grievance procedure only after all attempts to resolve the dispute through Labor -
Management meetings has failed.
13.2 No employee or group of employees may refuse to follow directions pending the
outcome of a grievance except where safety would be jeopardized. Employees in
the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that his/her health and safety is
threatened. Compliance with such directive will not in any way prejudice the
employee's right to file a grievance within the time limits contained herein, nor
shall compliance affect the ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive
method for resolving any dispute involving the application or interpretation of
the Agreement. Counseling and performance 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.
A. The term "day" in this Article shall mean Monday through Thursday,
exclusive of holidays, as recognized by the Agreement
13.4 GRIEVANCE PROCEDURE S PEPS
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
parties. When the Union fails to timely move in 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 filling as follows:
13.4.1 Step 1. Within ten (10) days of the incident or the time which the
employee had knowledge of the incident, the Union may initiate a
grievance by filing a grievance with the City Clerk's Office, with a copy
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 20
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.
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 the Agreement alleged to have
been violated.
c. The action, remedy, or adjustment requested.
d. The signature of at least one aggrieved employee and/or a Union
representative and the date filed.
e. A statement indicating the grievance is a class action grievance,
when appropriate. Any and all grievances submitted as a class
action must be signed by a Union Official (President or Vice -
President).
f. A statement identifying the positions of the class of workers
affected, when brought as a class action grievance. Any and all
grievances submitted as a class action must be signed by a Union
Official (President or Vice - President)
In the event a grievance doesn't 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) days since the initial incident ahs
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
forty -eight (48) hours.
The Department Director shall respond to the grievance on or before
5:00 P.M. on the eleventh (11 6 ) day following the date of receipt of the
grievance.
13.4.2 Step 2. In the event the employee is not satisfied with the disposition of
the grievance by the Department Director/Designee, the Union shall have
the right to file a written appeal of the decision to the Human Resources
Director within five (5) days of the date of receipt of the Department
Director's/Designee's decision.
Within five (5) days of receipt of the grievance, the Human Resources
Director will contact the aggrieved employee, and schedule a meeting
within five (5) days to discuss the matter. The Human Resources
Director or designee shall respond in writing to the employee within five
(5) days of the meeting.
13.4.3 Step 3. When a grievance /disciplinary appeal is not settled under the
forgoing steps of the grievance procedure, the Union, within twenty (20)
days of such decision or termination, may initiate arbitration by filing a
request with the Federal Mediation and Coalition Service for an
arbitration panel. A copy on the request shall be served on the City.
The City and the Union will select arbitrators from a panel list provided
by the Federal Mediation and Conciliation Service (FMCS).
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 21
The arbitrators shall set the hearing 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 the
ninety (90) day period, the next arbitrator shall be used. The arbitrator
shall make a final and binding ruling within thirty (30) days of the
hearing or, when requested by either party, the submission of briefs.
13.5 The arbitrator shall have only jurisdiction and the authority to apply and interpret
the provisions of this Agreement. (S)he 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 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 (10) 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.
13.5.1 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 employee's Pre- Determination
Conference.
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 expense shall be borne equally by both
parties, unless they agree otherwise.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 22
ARTICLE 14
14.0 BASIC WORK WEEK AND OVERTIME
14.1 The basic work week shall consist of forty (40) hours, unless otherwise specified.
The City Manager will establish and may change the basic work week and hours
of work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be construed as a
guarantee or limitation of the number of hours worked per week.
14.2 All work performed in excess of forty (40) hours in any one (1) work week shall
be paid in accordance with the Fair Labor Standards Act (FLSA). Overtime shall
be offered for a specified work function on a rotating basis based on seniority to
those employees who normally perform the job functions during their regular
work hours.
14.2.1 In the event an employee is required to work overtime, the employee and
supervisor must mutually agree in order to flex the employee's schedule.
14.3 Employees may be required to work additional hours as directed unless excused
by supervision.
14.4 Since the Utility Department is a seven (7) day per week continuous operation,
employees will have two (2) consecutive days off after completing their regularly
scheduled work week. In the event that an employee chooses to do so, and it can
properly be scheduled, his/her days off may be split to accommodate the needs of
both the employee and the employer.
14.5 Supervisors shall provide no less than two (2) hours advance notice to employees
prior to the assignment of unscheduled overtime except in the case where the
supervisor has determined that the scheduling of overtime is done on an
immediate basis to meet the needs of the community.
14.6 Only hours actually worked will be counted for the purpose of calculating
overtime.
14.7 Employees cannot be in a work status more than seven (7) minutes prior to or
more than seven (7) minutes after their 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 timekeeping, the City will round time in accordance with the
Department of Labor's "7/8 Minute Rule."
Example:
6:53 — 7:07 = 7:00
7:08 — 7:22 = 7:15
7:23 — 7:37 = 7:30
7:38- 7:52 =7:45
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 23
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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 24
ARTICLE 15 •
15.0 TASK ASSIGNMENT — SOLID WASTE
15.1 Workweek and Overtime
15.1.1 Solid Waste employees shall be held responsible for satisfactory completion of a
daily task assignment. A daily task assignment shall be defined as those duties
correlating to collection of solid waste from defined routes; assisting other
employees in collecting solid waste from other defined routes according to
Article 15.1.2; attending departmental meetings that require employee
attendance; cleaning and maintaining vehicles; performing emergency work as
denoted in Article 15.1.3 and any other duties assigned by supervisory staff
related to support services for solid waste collection and advances Citywide
disaster response.
15.1.2 Within the Solid Waste division, circumstances may arise which prevent certain
crews from completion of their assigned route within the work day. hi that event,
management may direct other crews to help complete the route(s) of the crews
unable to complete their route(s) on that same day.
15.1.3 All employees in the Solid Waste division of Public Works that are covered by
this Agreement shall be considered task employees. Task employees will be
assigned to shifts of either 8 or 10 hours per day. Employees will maintain the
same shift for an entire work week. A daily task assignment shall be assigned at
the beginning of the work day by the supervisor. Upon completion of the
assigned daily task, the task employee may be required to perform other work
functions related to the Solid Waste division of Public Works.
Task employees shall be released from duty by the immediate supervisor. No
task employee will be allowed to release him or herself from duty.
15.1.4 All task runs shall be equalized as closely as possible, as determined by the
Public Works Director.
15.1.5 Employees covering another employees assigned routes when the normally
assigned employee is on vacation or out for an extended illness, shall be assigned
for the entire 40 hour period, and shall work the same shift for the entire period
as the employee whose shift they are covering. Management shall make every
effort to assign the employee covering the shift 48 hours in advance.
15.1.6 Task hours will not count as hours worked and overtime will be paid according to
Article 14.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 25
15.2 Holidays
15.2.1 When a City observed holiday falls on an employee's scheduled work day, the
employee will receive eight (8) hours holiday pay at straight time.
When an observed holiday falls on an employee's non - scheduled work day, it
will be treated as a floating holiday and eight (8) hours will be added to the
employee's vacation leave bank.
Task employees may not use emergency vacation hours on a holiday.
15.2.2 In addition to receiving holiday pay Solid Waste employees shall receive pay for
their regular task hours required to work on a holiday. Should they be required to
work beyond their regular task hours on a holiday, those hours also shall be paid
at time and one half their regular rate of pay.
15.2.3 The City will publish a holiday service schedule and make up day schedule at
least six (6) months prior to the holiday.
15.2.4 Should service be provided on Sunday, the City shall pay employees, who
volunteer to work, a 3 -hour minimum at their overtime rate of pay or the actual
time worked whichever is greater. Employees may sign up to voluntarily work
on Sunday to perform the same type of work completed during the regular work
week.
Voluntary Sunday work assignments shall be made on a rotating seniority basis
starting with the most senior employee who signed up to work. If no employees
volunteer to work on a Sunday when work is available, the City shall assign the
work on a reverse seniority basis beginning with the least senior employee who
would normally perform the work during the regular work week.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 26
ARTICLE 16
16.0 WORK BREAKS
16.1 Employees shall receive a one -half hour (' /) or one (1) hour unpaid lunch period.
16.2 Employees working in Division 28 11 (Public Water Treatment) will not receive
an unpaid lunch break and are required to remain at their normal work stations
for the duration of their shift.
16.3 Employees shall receive two (2) fifteen (15) minute paid breaks each day.
16.4 Abuse of break time is grounds for progressive disciplinary action.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 27
ARTICLE 17
17.0 COMPENSATORY TIME
17.1 Employees may accrue and use compensatory time in lieu of overtime pay when the
employee works in excess of forty (40) hours in a work week.
17.2 Compensatory time is 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 must be taken within the quarter following its accrual or it will be
paid out.
17.3 It is solely the employee's choice to whether (s)he wishes to be paid for his/her overtime
or take compensatory time. The City will not encourage employees to take one form of
compensation over the other.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 28
ARTICLE 18
18.0 WAGES
18.2 Wages shall remain at their current level and shall not increase for the duration of
this agreement.
18.2 Year One — October 1, 2011 through September 30, 2012 wage freeze.
18.2.1 If during the time period of October 1, 2011 through September 30,
2012, the City Commission authorizes an across the board percentage
increase to the base wages of or lump sum payment to another
represented or non - represented employee group, the SEIU Blue Collar
Unit shall receive the same percentage increase to their base wages or
lump sum payment.
18.3 Year Two — October 1, 2012 through September 30, 2013 — Wage Freeze.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 29
ARTICLE 19
19.0 PROMOTIONS, RECLASSIFICATIONS, TRANSFERS & DEMOTIONS
19.1 PROMOTIONS
19.1.1 It is recommended that an employee interested in applying for a
promotional opportunity be in his/her current position for a minimum of
six (6) months and have satisfactory performance. Each promoted
employee must successfully complete a six (6) 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
Promotion of two grades (exempt to exempt or non - exempt to non-
exempt):
+7.5% of mid -point of new grade or to minimum of new grade,
whichever is higher
Promotion of three or more grades (exempt to exempt or non - exempt to
non - exempt):
+10% of mid -point of new grade or to minimum of new grade,
whichever is higher
19.1.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the promotion is made.
19.1.3 Each promoted employee will be placed on a probationary period of six
(6) months from the date of promotion.
19.2 DEMOTION (Voluntary and Non - Disciplinary)
19.2.1 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)
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 30
Decrease of three of more grades:
-10% of mid -point of current grade (position leaving)
19.2.2 In no event will the employee's base rate of pay exceed the maximum for
the position to which the demotion is made.
19.2.3 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.
19.2.4 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.
19.3 LATERAL TRANSFER
19.3.1 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.
19.3.2 Each transferred employee, whether in the same or a lower grade, must
successfully complete a probationary period of six (6) months from the
date of transfer. Probationary employees, whether in their first year as an
employee or in their six (6) month promotional probationary period have
no property entitlement to their positions.
19.4 RECLASSIFICATION
19.4.1 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.
19.4.2 Reclassifications 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
Human Resources Director, Finance Director and City Manager.
19.4.3 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 classification will
become effective as of the date the reclassification is approved.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 31
19.5 PROMOTION FROM PART -TIME TO FULL -TIME
19.5.1 Employees promoted from a part-time position to a full -time position
must successfully complete a probationary period of six (6) months from
the date of promotion.
19.5.2 Upon successful completion of the probationary period, the probationary
employee will be considered a regular employee.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 32
ARTICLE 20
20.0 STANDBY & CALL BACK PAY
20.1 STANDBY PAY
20.1.1 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/her
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. An employee utilizing up to one (1) day of vacation leave and
remaining within Palm Beach County limits during this leave may be placed on
the standby list at the employee' s request.
20.1.2 Employee placed on Stand -by shall be assigned a take -home vehicle in
compliance with the department's rotation list appropriate for the completion of
the task required of the employee should he/she be called back to work. All take
home vehicles shall be equipped with Automatic Vehicle Locators (AVL)
capable of tracking a vehicle's location and the time of day. The AVL capability
will substitute for the City time clock for those employees responding to
emergency situations in take home vehicles. Therefore, those employees on
Stand -by will not be required to punch in or punch out on the normal City time
clock and instead may travel directly to and from their home to the work site
when responding to after -hours emergencies. For payroll purposes, the starting
time of the employee responding to emergencies will be that time when the
vehicle leaves the employee's home and the ending time will coincide with
provisions outlined in section 20.2 — Call Back Pay.
20.1.3 An employee who is called while on standby but who only responds by telephone
or electronic communication is not entitled to call back pay; however, the
employee shall be entitled to one (1) hour of straight time pay, up to a maximum
of five (5) such one -hour payments in a seven -day standby period. Any
subsequent call responses are considered as compensation under the initial
standby pay allowance. Such pay shall be documented with the time of call and a
summary of resolution of the incident telephonically or by electronic
communication on log sheets prescribed by the City. If the duration of the call is
less than 15 minutes, such time shall not count towards hours worked for FSLA
purposes.
20.1.4 The employee shall receive one hour of pay at time and one half the employee's
base rate of pay for each twenty -four (24) hour period that they are assigned
standby duty. Time spent on standby does not count as time worked for
calculation of hours worked in a workweek or for overtime purposes.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 33
20.2 CALL BACK PAY:
20.2.1 Any employee who is called back to work after having been relieved and
have left the assigned work station or called in more than one (1) hour
before his/her regularly scheduled work time, shall be paid a minimum of
three (3) hours at a premium rate of one and one half (1.5) times his/her
base rate. Any time worked beyond three (3) hours during this call back
will be paid at straight time and be counted "hours worked" for purposes
of calculating overtime. Employees called back to work during lunch
breaks are not entitled to Call Back Pay. In this case the finishing time
for that particular work day will be adjusted accordingly.
20.2.2 After an employee has been called back once during the employee's time
off, all subsequent call backs occurring prior to the employee's next
regular shift will be paid at straight time as will be counted as "hours
worked" for the purpose of calculating overtime.
20.2.3 The minimum three (3) hour call back pay constitutes premium pay and
is not counted as "hours worked" for the purpose of calculating overtime.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 34
ARTICLE 21
21.0 WORKING IN HIGHER CLASS
21.1 When an employee is qualified for and is temporarily assigned the authority,
duties and responsibility for a position allocated to a higher classification, for
three (3) or more consecutive work days they shall receive a 5% increase to pay
or the minimum of the higher classification, whichever is greater, until returned
to his/her regular classification. Employees shall be required to perform work in
a higher classification only upon written memorandum by their supervisor. Upon
release from duties and responsibilities of the position assigned to a higher
classification, the employees salary will be reduced to the rate the employee
would be receiving had the temporary assignment never been made.
21.2 Employees shall be required only upon written memo from their supervisor to
perform work in a higher classification for training purposes. In this connection,
they shall perform that work without a 5% increase in pay or the minimum of the
higher classification.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 35
ARTICLE 22
22.0 EMPLOYEES ASSIGNED TO TRAINING DUTIES
22.1 Employees who are assigned to train another employee(s) who is /are new to the
position(s), for three (3) or more days shall be assigned in writing and shall
receive a 5% increase in pay during the time they are training another employee.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 36
ARTICLE 23
22.0 EMERGENCY PAY POLICY
19.1 Emergency pay shall hereinafter be paid in accordance with the provisions of
City Emergency Ordinance 2005 -036 or the most current City Emergency
Ordinance.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 37
ARTICLE 24
24.0 CERTIFICATION PAY
24.1 The City shall pay $500.00 for each certification or license as listed in Appendix
I. The appendix may be amended from time to time pursuant to input from the
Labor Management Committee. Exceptions to the list shall be agreed upon by
the employee and the department head/designee. The City shall also pay for the
actual certification or license fee. This provision shall not operate to reduce
certification incentive pay policies. Bargaining unit members who participate in
departmental certification pay programs are not entitled to participate in the
program set forth herein.
24.2 The City shall provide educational and training opportunities for lifeguard during
work hours so that the employee may earn and recertify for an EMT certificate.
The City shall pay for the course and all course material. Lifeguards who earn
EMT certificates shall receive a one -time 5% wage increase upon initially
earning the certificate. No other compensation is applicable for this certification.
24.3 If for any reason an employee's certification is cancelled or expires, his/her
salary will be reduced by the dollar amount initially granted when he/she
received the 5% increase, but shall be reinstated if the employee is recertified.
24.4 The foregoing benefit addressed in this article is suspended for FY 2011/2012
and 2012/2013.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 38
ARTICLE 25
25.0 SICK LEAVE
25.1 An employee shall notify his/her immediate supervisor or designee, in a manner
provided for by management, of his/her illness not less than one half (1 /2) of an
hour before his/her normal workday begins. If an employee fails to call in within
the specified time, the employee shall be subject to progressive discipline. This
notice procedure shall be followed for each day the employee is unable to work
unless prior approval is granted by departmental management, wherein the
employee notifies his/her supervisor of the length of time he/she will be absent.
25.2 Sick leave will be granted upon approval of the Department Director/Designee
for the following reasons:
A. Employee's health, or up to forty (40) hours per fiscal year for illness
of immediate family member: the employee's parent, spouse, or
child.
B. Medical, dental, or optical treatment that is determined in writing by
a physician to be necessary and must be performed during working
hours.
C. Quarantine due to exposure to contagious disease.
D. In connection with Workers' Compensation and which shall remain
status quo during the term of this Agreement.
E. Once an employee has exhausted all other paid leave, (s)he may use
sick leave to care for his/her immediate family member who has a
serious medical condition and whose condition is certified and
approved through the City's Human Resources Department that the
leave is in accordance with the Family and Medical Leave Act
(FMLA).
25.3 Employees shall accrue sick leave at a rate of 96 hours per 12 -month period or
eight (8) hours per month. No employee shall be entitled to use sick leave in
excess of the amount of such leave accumulated.
25.3.1 Any employee who has a Personal Leave balance will have payment of
this balance at 50% effective the full pay period following ratification of
the contract.
25.4 An employee making a departmental transfer will retain any unused sick leave.
25.5 Payout of Sick Leave
25.5.1 Newly hired probationary employees are not eligible for sick leave
payout.
25.5.2 Regular employees will have payment made for unused sick leave, at the
rate specified in the table below, for the total number of accrued and
unused hours, upon resigning, or retirement or death. (Retirement shall
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 39
include normal retirement, disability retirement, or early retirement as
defined in the appropriate Pension Plan).
Continuous Years of Service Percentage of Sick Leave
Payout
Less than 5 full years 0%
5 years but less than 10 full years 25%
More than 10 full years 50%
Upon retirement from the City 50%
25.6 Employees may request, and shall be covered by the provisions of the Family
Medical Leave Act.
25.7 Sick leave exceeding three (3) consecutive work days requires medical
certification be submitted to the Human Resources department upon return to
work.
25.8 Sick Leave Donations
25.8.1 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 receiving employee has exhausted all available
paid leave. Extraordinary circumstances shall be defined as lengthy
hospitalization, critical illness or off-the-job injury.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 40
ARTICLE 26
26.0 WORKERS' COMPENSATION
26.1 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 Workers' Compensation Act, he/she shall be entitled to full
regular pay.
26.2 If the period of disability is greater than seven (7) calendar days, the employee
shall receive a sum of money up to an amount equal to the difference between
his/her workers' compensation check and his/her normal net pay up to three (3)
months. In no case will the salary supplement be extended beyond three (3)
months from the date of injury.
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 the same rate as defined above for up to an additional
three (3) months.
In no case will the salary supplement be extended beyond six (6) calendar
months from the date on which the salary supplement began.
26.3 After three (3) months from date of injury, the injured employee may elect to
receive accrued sick leave and after exhausted, vacation leave, in accordance
with his/her regular hour 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.
26.4 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.
26.5 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.
26.6 If an employee who is receiving workers' 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.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 41
ARTICLE 27
27.0 LIGHT DUTY
27.1 The City may provide employees who have non -work related injuries, which
prohibit them from performing one or more of the essential functions of their
positions to return to work and perform light duty when there is light duty work
available and the City has determined that the employee is able to perform the
light duty work without risk of further injury. The City is under no obligation to
create light duty work.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 42
ARTICLE 28
28.0 VACATION
28.1 Each full time employee shall earn vacation as follows:
Years of Service Vacation Hours
1 Year 80
2 -3 Years 120
4 Years 128
5 Years 136
6 Years 144
7 Years 152
8 Years 160
9 Years 168
10 -15 Years 176
16 -20 Years 192
21 Years & After 200
28.2 Vacation leave may be taken as earned, in thirty (3) minute increments subject to
the approval of the Department Head/Designee who shall schedule vacations so
as to meet the operating requirements of the Department. Approval of vacation
leave requests must not be unreasonably withheld.
28.3 Employees shall be allowed to take their birthday off and the hours shall be
charged as vacation hours in accordance with the rules and provisions regarding
the use of vacation time.
28.4 Employees may accrue vacation leave to a maximum of the leave earned in the
most recent two employment years. Vacation leave accrued during October 1 —
September 30 may exceed this stated policy; however, any amount over the
allowable maximum that has not been used during that (October 1 — September
30) period will be forfeited as of September 30. However, employees who have
been denied vacation shall have the excess vacation paid to them, at their regular
straight time rate of pay in the last pay check of the fiscal year.
28.5 Vacation requests of three (3) shifts or less must be requested and approved or
denied prior to the end of the work shift the work day preceding the time
requested off. Vacation requests of four (4) shifts or more must be requested and
approved or denied within forty-eight (48) hours prior to the time requested off.
Advanced vacation requests must be approved or denied within thirty (3) days of
the date of the request.
28.6 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 Departmental call -in procedure with
the Supervisor within thirty (30) minutes of the start of the work shift.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 43
Up to twenty -four (24) hours of an employee's annual vacation accrual may be
granted for absences from work when a vacation request cannot be made
according to Article 28.5. Employees must notify their supervisor of the need for
this absence within one half (%z) hour of their normal shift start time or, if at work
and the employee is notified of an emergency, (s)he may use emergency vacation
no more than four (4) times per fiscal year. Time used in this regard may be used
in increments of one (1) hour.
28.7 An employee who takes leave without a timely request or without approval shall
be docked pay for the time not worked and is subject to additional disciplinary
action.
28.8 Emergency Cash Out of Vacation and/or Sick Leave Time
28.8.1 Employees faced with sudden extraordinary circumstances of hardship,
as defined by IRS regulations governing 401(k) plans, and who have in
excess of forty (40) hours of accrued vacation are eligible to request
emergency cash out of vacation. If approved, an employee may convert
up to eighty (80) hours to cash (less applicable deductions) provided they
have 40 hours remaining in their vacation accrual account after the cash
out. Conversions must be done in increments of eight (8) hours.
28.8.2 Employees who do not have enough vacation time to use for the total
amount of emergency cash out may consider including sick leave hours.
Sick leave hours cash out will be calculated at fifty percent (50 %) of the
employee's hourly rate. The total of vacation and sick may not exceed
eighty (80) 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 and
the employee retains a minimum of eighty (80) sick hours on the books.
28.8.3 A request must be made in witting 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 fiscal year. At the discretion of the City Manager,
the time limit rule may be waived if there are exigent circumstances.
28.8.4 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.
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ARTICLE 29
29.0 BONUS HOURS AND BONUS INCREASES
29.1 BONUS HOURS
29.1.1 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.
29.1.2 All full time City employees covered by this policy are eligible to receive
eight (8) bonus hours for continuous attendance at work every three (3)
months (October through December, January through March, April
through June and July through September) when the employee has not
used sick time during the previous three (3) months nor has been absent
from work or on leave other than those paid leave categories recognized
in this document.
29.1.3 Bonus hours shall be counted as vacation leave and subject to the
provision set forth for use of vacation.
29.2 BONUS INCREASES
29.2.1 In addition to any other monetary benefit, the City Manager is authorized
to approve a bonus of $500.00 when such a bonus is justified by the
Department Head/Designee, in writing, on the prescribed forms. 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 receive bonuses. This system allows for top performance to
be recognized by the immediate supervisor and prompt rewards to 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/Designee using the prescribed forms famished
by the City Manager.
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ARTICLE 30
30.0 HOLIDAYS
30.1 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
30.2 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.
A. When a City observed holiday falls on an employee's scheduled work
day, the employee will receive eight (8) hours holiday pay at straight
time.
B. When an observed holiday falls on an employee's non - scheduled work
day, it will be treated as a floating holiday and eight (8) hours will be
added to the employee's vacation leave bank.
C. 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.
30.3 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.
30.4 Year One -- October 1, 2011 through September 30, 2012 — Status Quo
30.5 Year Two — October 1, 2012 through September 30, 2013 — Holiday Article
Reopener. Reopener negotiations to commence in June 2012.
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ARTICLE 31
31.0 COMPASSIONATE LEAVE
31.1 In the event of the death of the mother, father, child, son, daughter, foster parent,
step- parent, foster child, step - child, brother, sister, husband, wife, registered
domestic partner, 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 twenty -four (24) consecutive hours.
However, if it is necessary for the employee to leave the State in connection with
the interment of the deceased, the employee shall be entitled to paid
compassionate leave not to exceed forty (40) consecutive hours. Employees
must submit proof of death in order to be eligible for this article. The City
Manager may grant additional leave under this section when (s)he deems it
appropriate.
SEN Florida Public Services Union, CTW, CLC — Blue Collar 47
ARTICLE 32
32.0 MILITARY LEAVE
32.1 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. This leave of absence may not exceed 240 working
hours per fiscal year in order that these employees may fulfill their military
obligations.
32.2 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 the level earned at the time they were called to active military duty.
32.3 The City will continue to pay the eligible employee's portion of health, dental
and life insurance premiums and the City's pension contribution. If an employee
has dependent insurance coverage, the Finance Department will consider this in
determining the amount of supplemental pay so that the dependent insurance
premiums can be paid prior to the supplemental check calculation. The
employee's pension contribution will also be made prior to the supplemental
check calculation. If the supplemental pay is not sufficient to pay the dependent
coverage, the employee will be responsible for sending the City a check to cover
the dependent premium. The employee will also be responsible for making
arrangements for any other benefit premium or other deduction. Current
U.S.E.R.R.A. regulations will be followed regarding the employee benefits.
32.4 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 will continue to accrue
service for purposes of seniority and pension eligibility.
32.5 Employees on active Military Duty are required to provide the City with their
military orders for the duration of their assignment.
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ARTICLE 33
33.0 LEAVE OF ABSENCE
33.1 A regular employee may be granted leave of absence without pay for a period not
to exceed six (6) 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 must be approved by the City
Manager. Employees that are on approved leaves of absence without pay will be
responsible for paying all their benefit premiums, e.g., insurance, etc.
33.2 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
leaves of absence without pay exceeding thirty (30) days.
33.3 Prior to be granted an unpaid leave of absence, an employee must exhaust all of
his/her available paid leave time.
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ARTICLE 34
34.0 UNAUTHORIZED ABSENCE
34.1 A bargaining Unit Member who is absent from work without authorized leave for
a period of more than three (3) 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 and not 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 Human Resources Director must be
provided with details of the absence and he or she must determine if just cause
exists.
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ARTICLE 35
35.0 JURY DUTY
35.1 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 employee to receive his/her regular pay for
such leave the employee must deposit the money which he /she receives for jury
duty or as a witness with the City Finance Department for those hours that
coincide with his/her regular work schedule, unless otherwise provided by law.
Employees can keep only travel expense monies. Employees subpoenaed as
witnesses in cases unrelated to City business may take vacation leave in order to
receive pay.
35.2 Employees are required to provide five (5) days' notice to their supervisors that
they have received a jury summons. Employees who are required to report to
jury duty on a day that they are scheduled to work are not required to report to
work on the day on which they reported for jury duty. Employees whose work
schedule crosses the day divide (12:00 A.M.) must make arrangements with their
supervisors in advance as to which day (s)he will be required to report.
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ARTICLE 36
36.0 SENIORITY AND LAYOFF
36.1 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.
36.2 Employees shall lose their seniority for the following reasons:
A. Termination
B. Retirement
C. Resignation
D. Failure to report to the Human Resources Office, the intention of
returning to work within five (5) days of receipt of recall as verified
by certified mail
E. Failure to report from military leave within the time prescribed
36.3 The City Manager may lay off 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 reorganization; however, no regular employee shall be laid off while there are
temporary employees serving in the same position for which the union employee
is qualified, in the judgment of the Department Head in consultation with the
Human Resources Director.
A. Employees will be given two (2) weeks of severance pay when laid
off from the City.
B. Whenever a layoff of one (1) or more employees becomes necessary
the City Manager shall notify the Union at least two (2) weeks in
advance of the intended action and the reasons therefore.
C. The Human Resources 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 disruption of the
operations of the City, the order of layoff shall be in reverse order of
total continuous time served m the same classification and within the
same department, expect in the case of elimination of a department
or division, in which case only the employees in the department or
division being eliminated will be laid off.
D. Temporary employees in the bargaining unit shall be laid off prior to
layoff of Union employees.
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ARTICLE 37
37.0 RECRUITMENT AND SELECTION
37.1 Recruitment and Selection process and procedures will follow those described in
the Personnel Policy Manual (PPM) of the City of Boynton Beach.
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ARTICLE 38
38.0 SAFETY AND HEALTH
38.1 Those employees of the Beach Patrol who are assigned lifeguard duties will be
pnvded masks or goggles, sunscreen lotion, bathing suits, and winter jackets for
safety purposes. In addition Beach Patrol employees shall receive a wage
allowance of $120.00 per fiscal year, by December 1s` of each year, for the
purchase of specialty sunglasses or prescription safety eye wear.
Mechanics will be provided two (2) sets of overalls per year for safety purposes.
The City shall make available immunization shots for tetanus, hepatitis and
diphtheria for all members of the bargaining unit on a voluntary basis.
38.2 Employees who are in positions designated by the Safety Committee will receive
safety shoes/boots annually, as personal protective equipment, provided by the
City designated vendor. These shoes/boots shall only be wom for official City
business.
The union shall participate on the Safety Committee. The City /Safety Committee
will be responsible for deciding which positions require the 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 shoes/boots which will be provided and required to be worn.
In those cases where an individual is unable to be fitted properly, as determined
by the employee (s)he may purchase the safety shoes/hoots, which meet the
City/Safety Committee's approved type and quality, from a different vendor. The
employee may seek reimbursement of the cost of the shoes/boots from the City,
not to exceed the City's cost. Such reimbursement shall occur after approval of
the shoes/boots by the Risk Management Department, based upon the City/Safety
Committee approved type and quality.
Employees who fail to wear proper shoes/boots to work are subject to
disciplinary action.
38.3 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. In such an instance, the shoes/boots 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.
38.4 The Incident Review Board shall include one representative appointed by the
Union.
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38.5 Commercial Drivers' License (CDL License) Physicals
In accordance with the Federal Motor Carrier Safety Regulations (FMCSR)
employees in position classifications which require a CDL license, and
employees who may hold a CDL license and from time to time perform CDL job
functions for the City due to special circumstances, must be medically examined
according to regulations and be certified with a valid medical certificate, in
accordance with the FMCSR regulations, as physically qualified to operate a
commercial motor vehicle.
The cost for the regular physical examination required to maintain a CDL license
will be borne by the City. Any additional expense related to maintaining the
license will be borne by the employee.
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ARTICLE 39
39.0 TOOL ALLOWANCE
39.1 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.
39.2 Fleet Mechanics shall receive an allowance of $500.00 annually to purchase new
tools that are required for the employee to complete his assigned task. The City
shall continue to purchase all required specialty tools and replace lost, stolen, or
broken tools at fair market value. For all other employees, the City shall provide
all necessary tools to those bargaining unit employees required to utilize tools in
their service to the City.
39.3 New hires who are eligible for a tool allowance shall receive a prorated amount
of the annual allowance based on the number of months remaining in the fiscal
year.
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ARTICLE 40
40.0 UNIFORMS
40.1 The City will issue a newly -hired employee the following properly fitted
standard industrial quality uniforms thirty (30) days after starting work:
5 Green short- sleeve or long - sleeve work shirts
5 Green work pants
5 Tee shirts
1 Jacket (Bi- annually)
2 Hats (1 hat exchanged, as needed)
1 Sweatshirt
40.2 Lifeguards shall be issued uniforms in accordance with the Department Policy.
Employees have been furnished a uniform and must wear their uniform at work.
Bargaining unit members are being given a sufficient number of uniforms to
make a neat, clean appearance at work every day. Bargaining unit members will
not be allowed to start work each day unless they are in full uniform. Employees
must purchase additional uniforms if necessary to comply with this Section
unless the uniform is replaced pursuant to Section 6 of this Article. Only City
issued hats and jackets may be worn while on duty, inclusive of breaks.
40.3 Bargaining unit members agree to maintain the uniforms and to hem the pant
leg(s) properly (There will be no cutting or ripping of raw, unfinished edges,
rolling up, stapling or scotch taping).
40.4 Employees in certain classifications may be permitted to wear shorts at their
supervisor's discretion. When worn, shorts must be neatly tailored and hemmed
without frayed edges or cuts, and must fall within four (4 ") inches of the
kneecap. During the term of this Agreement and thereafter, the City Manager in
his/her sold discretion may change the decision made under this Section and the
Union agrees to waive any bargaining over such changes.
40.5 Bargaining unit members will be entitled to a re -issue of properly fitted standard
industrial quality uniforms. Re -issue of uniforms on an annual basis consists of
five (5) work pants, five (5) shirts, with an option of five (5) T- shirts, for a total
of ten (10) shirts and one (1) sweatshirt annually. (The option of which style of
shirt is determined by the employee's needs).
40.6 Uniforms destroyed or damaged while being worn on the job will be replaced
provided a memo is submitted from the employee to the supervisor outlining the
cause of the damage. All issues being replaced must be turned in for the new
issue and recorded.
40.7 City uniforms are for City job use only. Uniforms shall not be worn on outside
jobs, be given to non -city employees, or worn while off duty (break period
excepted), except while the employee is actually traveling to and from work.
Uniforms may be wom while traveling to and from work, provided the employee
does not stop in transit to engage in personal business or activities. Bargaining
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 57
unit employees shall not purchase or consume alcoholic beverages while wearing
their uniform.
40.8 The City reserves the right to utilize a uniform service for the provision of
uniform apparel.
40.9 When the employee has a medical condition, as identified by the employee's
physician and verified by a City appointed doctor, which prevents the employee
from wearing the standard department uniform, the employee may wear a City
approved alternate uniform. If the medical condition is for an extended period of
time, an updated doctor's note shall be resubmitted every two (2) years.
40.10 Failure to wear the proper uniform will result in disciplinary action.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 58
ARTICLE 41
41.0 INSURANCE
41.1 Medical, Vision and Dental Insurance
41.1.1 Year One — (October 1, 2011 through September 30, 2012)
The City shall pay the total medical, vision and dental insurance
premium for all bargaining unit members. The members will pay the full
cost of medical, vision, and all but $7.00 of the dental insurance
premium for their dependents.
41.1.2 Year Two — (October 1, 2012 through September 30, 2013)
The City shall pay the total dental and vision care premiums for all
regular employees. The employees will pay the full cost of medical,
dental, and vision insurance premiums for their dependants. The
employees of the bargaining unit agree to contribute a flat percentage,
not to exceed six percent (6 %), toward employee coverage for medical
insurance premiums when such contributions commence with all other
eligible groups of employees within the City.
41.2 The review and selection of insurance coverage is made on an annual basis by the
City. The City has a Benefits Committee, which is comprised of an equal
number of non- represented members who are appointed by the City Manager and
two (2) members from each of the City's bargaining units. Bargaining unit
representatives shall be designated by the Union. The final decision regarding
selection of insurers is reserved to the City, but the City shall strongly consider
input and recommendations from the Benefits Committee.
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ARTICLE 42
42.0 PERSONNEL FILES
42.1 The personnel files for all City employees are 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 (1) duplicate copy of
his/her records during the term of this Agreement at no expense. Additional
copies of his/her personnel records requested by a member during the term of this
Agreement will be treated as a Public Records Request. The City will purge
personnel files in accordance with appropriate Florida State Statutes. The
employee file maintained by the Human Resources Department shall be the
official file for each employee.
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ARTICLE 43
43.0 TUITION ASSISTANCE PROGRAM
43.1 The Tuition Assistance Program as described in the Administrative Police
Manual (APM) will be followed. Refer to 04.01.03, Organizational and Strategic
Development Policies, Tuition Assistance Program in the APM for specifics.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 61
ARTICLE 44
44.0 GENERAL. PROVISIONS
44.1 Employees may submit written responses to material (reprimands, written
comments, etc.) for submission into their personnel files.
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ARTICLE 45
45.0 DUES DEDUCTION
45.1 Employees covered by this Agreement may on the prescribed form, authorize
payroll deduction for the purpose of paying the Union dues and/or a uniform
COPE deduction. Employees shall receive copies of the form from either the City
Finance Department or their Union office.
45.2 The Union will initially notify the City as to the amount of dues and/or COPE
deductions. Such notification will be certified to the City in writing over the
signature of an authorized officer of the Union. Changes in Union membership
dues or COPE deductions will be similarly certified to the City and shall be done
at least one (1) month in advance of the effective date of such a change. To
revoke the payment of Union dues and/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.
45.3 Dues and COPE deductions 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 Union within fifteen (15) days after the end of
the month. The check for COPE deductions will be submitted to the Union
separately from the check for dues on a quarterly basis. 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 and/or
COPE deductions.
COPE deductions will be remitted to the Union in a separate check on a quarterly
basis.
45.4 For the purpose of putting this Article into effect, the Union will furnish forms
for such individual authorization reading as follows:
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NOTICE TO CITY AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUATION 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 $2.00 per week, as certified to the employer by the Union, and to transmit
this amount to the Treasurer of the Union.
I understand that these authorizations are voluntary and I may revoke it at any time by giving my
employer and the Union thirty (30) days advance notice in writing.
Date Signature
Job Title Name Printed
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 64
ARTICLE 46
46.0 PENSION
46.1 Employees will continue to participate in the employee's 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.
46.2 The City and the Union agree to conform the pension plan to state requirements.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 65
ARTICLE 47
47.0 SUBSTANCE ABUSE
47.1 The Union recognizes and supports the City's Drug Free Workplace Policy in the
current City Ordinance and will work with the City to enforce the provisions of
the policy. It is recognized by the Union that the City's Drug Free Workplace
Policy applies to all members of this bargaining unit.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 66
ARTICLE 48
48.0 PROBATIONARY PERIOD
48.1 All newly hired or rehired employees shall be subject to a probationary period of
one (1) year.
48.2 All promoted employees shall be subject to a probationary period of six (6)
months. The probationary period of promoted employees does not apply to
layoffs.
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ARTICLE 49
49.0 LONGEVITY BENEFIT
49.1 Employees eligible are those employees who:
A. Have been employed with the City on a regular full -time, continuous
basis for a minimum of five (5) years.
49.2 Employees will receive a cash Lump Sum Bonus as follows:
On the employee's fifth (5 anniversary, a lump sum bonus payment of
$500.
On the employee's tenth (10 anniversary, a lump sum bonus payment
of $1000.
On the employee's fifteenth (15 anniversary, a lump sum bonus
payment of $1,500.
On the employee's twentieth (20 anniversary, a lump sum bonus
payment of $2,000.
On the employees twenty -fifth (25 anniversary, a lump sum bonus
payment of $2,500.
On the employee's thirtieth (30 anniversary, a lump sum bonus
payment of $3,000.
On the employee's thirty -fifth (35 anniversary, a lump sum bonus
payment of $3,500.
On the employee's fortieth (40 anniversary, a lump sum bonus
payment of $4,000.
49.3 Any pay earned for Longevity Benefits is subject to required Federal deductions.
49.4 Employees who terminate from City employment prior to their hire anniversary
date will not be entitled to benefits.
49.5 The foregoing benefit addressed in this article is suspended for FY 2011 -2012.
49.6 The foregoing benefit addressed in this article is suspended for FY 2012 -2013.
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ARTICLE 50
50.0 SAVINGS CLAUSE
50.1 If any Article or section of this Agreement should be found invalid, unlawful or
not enforceable, by reason of any existing or subsequently enacted legislation or
by judicial authority, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement.
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ARTICLE 51
51.0 MODIFICATION OF CONDITIONS
51.1 Changes to City or Departmental rules and regulations may be made by the City
following thirty (30) days written notification to the Union. When pre -
implementation or impact bargaining is requested by the Union, the
implementation date of change shall be delayed an additional thirty (30) days.
51.2 There are no non -salary (wages or allowance) monetary benefits, including those
established by past practice, except those expressly set forth or incorporated by
reference in this Agreement.
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ARTICLE 52
52.0 POSTING OF AGREEMENT
52.1 The City will maintain a copy of this Agreement for inspection in the Human
Resources Department, the City Clerk's Office and every Department/Division
with blue collar workers.
52.2 The City will post a copy of this Agreement, as ratified, on the City's web page
and make one (1) hard copy per term of Agreement upon request for each
bargaining unit member.
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ARTICLE 53
53.0 COLLATERAL DOCUMENTS
53.1 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 this Agreement, in which case the terms of
this Agreement shall control.
53.2 Nothing herein shall be interpreted to preclude the right of the Union to impact
bargain, subject to applicable law.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 72
ARTICLE 54
54.0 DURATION
54.1 This Agreement and all monetary benefit adjustments provided herein shall be
effective upon ratification by both parties and remain in full force and effect until
September 30, 2013. 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.
54.2 The City and the Union agree that the following Articles in this Agreement are
subject to Reopener negotiations: Article 15 — Task Assignment — Solid Waste,
Article 18 — Wages, Article 24 — Certification Pay, Article 30 — Holidays, Article
41 — Insurance, Article 46 - Pension.
54.2.1 Negotiations for these reopener Articles shall commence in June 2012
and be concluded by September 1, 2012.
If an agreement is not reached by September 1, 2012, the negotiations
shall be deemed at impasse and the impasse issue shall be submitted to
the City Commission at the second Commission meeting in September
2012. The City and the Union waive the appointment of a special
magistrate to resolve the impasse and agree that the City Commission
shall have final authority to resolve the impasse issues.
During the negotiations and the impasse process, if any, the base wages
of bargaining unit employees will be frozen at the levels in place at the
time the City requests to reopen negotiations and no subsequent base
wage increases will occur except as thereafter negotiated by the City and
the Union, or, in the event the reopened negotiations do not result in a
ratified Agreement, as imposed by the City Commission through the
impasse process.
54.3 A notice of intent to reopen shall be made in writing. The parties will promptly
engage in bargaining the reopened articles.
SEIU Florida Public Services Union, CTW, CLC — Blue Collar 73
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