White Collar 2017-2020 RESOLUTION R17- 128
A RESOLUTION 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, 2017 THROUGH SEPTEMBER 30, 2020,
le AND AUTHORIZING AND DIRECTING THE CITY
11 MANAGER AND CITY CLERK TO SIGN THE
1• AGREEMENT; AND PROVIDING AN EFFECTIVE
DATE.
1 WHEREAS, the City of Boynton Beach and the SEIU Florida Public Services
1: Union, CTW, CLC — Blue Collar Unit have successfully concluded negotiations for a
1 three (3)year contract; and
1: WHEREAS, the Agreement was voted on by the Bargaining Unit of the Union
P• on December 15, 2017; and
21 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in
21 the best interests of the residents and citizens of the City to ratify the Agreement and
2 authorize the City Manager and City Clerk to execute the same; and
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24
25 OF THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
2.
2 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby
28 ratified and confirmed by the City Commission.
2• Section 2. The City Commission of the City of Boynton Beach, Florida does
30 hereby ratify the Agreement between the City of Boynton Beach and the SEIU Florida
31 Public Services Union, CTW, CLC — Blue Collar Unit for the three (3) year period of
32 October 1, 2017 through September 30, 2020, and authorizing and directing the City
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1 Manager and City Clerk to sign 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 19th day of December, 2017.
CITY OF BOYNTON BEACH, FLORIDA
YES NO
11 Mayor—Steven B. Grant
11
1• Vice Mayor—Justin Katz
13
1, Commissioner—Mack McCray
11
1. Commissioner—Christina L. Romelus 1
1Commissioner—Joe Casello
1'
21 5'1)
21 VOTE
2
23 ATTEST:
2A
252. 1,12,27 J Lith A. Pyle, C
28 City Clerk
2'
ti =
31
31
32 (City Seal) -cod
eoYN.:.
33
3,
35
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COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
AND
SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC
BLUE COLLAR BARGAINING UNIT
October 1, 2017 to September 30, 2020
TABLE OF CONTENTS
Article Article Title Page
No. No.
1 Preamble 1
2 Recognition 2
3 Non-Discrimination 3
4 Strikes 4
5 Management Rights 5
6 Rights of Bargaining Unit Members 7
7 Union Representation 8
8 Collective Bargaining 10
9 Labor-Management 11
10 Posting of Agreement 12
11 Savings Clause 13
12 Collateral Documents 14
13 Modifications of Conditions 15
14 Entire Agreement and Non-Waiver Provision 16
15 Dues Deductions 17
16 Reserved 18
17 Bulletin Boards 19
18 Personnel Files and Bargaining Unit Information 20
19 Recruitment and Selection 21
20 Probationary Period 22
21 Promotion,Demotion,Lateral Transfer,and Reclassification 23
22 Seniority and Layoff 25
23 Discipline and Performance Management 26
24 Grievance and Arbitration 31
25 Insurance 35
26 Pension 37
27 Hours of Work,Overtime,and Breaks 38
28 Compensatory Time 43
29 Holidays 44
30 Wages 47
31 Standby,Call Back and Other Assignment Incentive Pay 48
32 Certifications and Professional Licenses 51
33 Emergency Pay 53
34 Out of Class Assignment Pay 54
35 Training Assignment Pay 55
36 Vacation 56
37 Sick Leave 59
38 Compassionate Leave 61
39 Jury Duty 62
40 Unauthorized Absence 63
41 Leaves of Absence 64
42 Modified Work(Light Duty) 66
43 Workers' Compensation 67
44 Safety and Health 68
45 Drug Free Workplace Policy 69
46 Uniforms and Allowances 70
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
TABLE OF CONTENTS
Article Article Title Page
No. No.
47 Tuition Assistance 74
48 Bonus Hours and Bonus Increases 75
49 Articles to be Reopened During Agreement Term 76
50 Duration 77
Addenda
A Shift Bidding 78
B Overtime Rotation 79
C Standby Pay 81
D Call Back 83
E Drug Free Workplace Policy 86
F Uniforms 97
Signature Page 98
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SE/U Collective Bargaining Agreement-October 1,2017-September 30,2020
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" or "SEIU." 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.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
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.
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ARTICLE 3
3.0 NON-DISCRIMINATION
3.1 The Employer and the Union agree that all provisions of the Agreement shall
be applied to all employees covered by it, and the Employer and the Union
affirm their joint opposition to any discriminatory practices to the extent
prohibited by law in connection with employment.
3.2 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, gender identity or expression, or membership or non-
membership in the Union.
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ARTICLE 4
4.0 STRIKES
4.1 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 down, strike or unlawful
picketing.
4.2 In the event of a strike, work stoppage or interference with the operation
and accomplishment of the mission of the City Administration, a state or
international representative of the Union shall promptly and publicly
disavow such strike or work stoppage and order the employees to return to
work and attempt to bring about prompt resumption of the normal
operations. The Union representatives shall notify the City twelve (12)
hours after commencement of such strike of what legitimate measures it has
taken to comply with the provisions of this Article.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 5
5.0 MANAGEMENT RIGHTS
5.1 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:
5.1.1 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.
5.1.2 To maintain economic stability.
5.1.3 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.
5.1.4 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.
5.1.5 To select, hire, test, classify, promote, train, assign, retain, evaluate,
lay-off,schedule,and determine the qualifications of all employees.
5.1.6 To suspend,demote,discharge,reprimand,or take other disciplinary
action against employees for just cause.
5.1.7 To determine the organization of City government.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
5.1.8 To determine the purpose and extent of each of its constituents,
departments and positions therein.
5.1.9 To set standards for service to be offered to the public and standards
for the performance of duties of job assignments.
5.1.10 To manage and direct the work of the employees of the City,
including the right to assign work and overtime.
5.1.11 To establish, determine, implement and maintain effective internal
security practices.
5.1.12 To determine the number,type and grades of positions or employees
assigned to an organizational unit,department or project.
5.1.13 To determine lunch, rest periods, clean-up times, starting and
quitting time, and number of hours to be worked. Work schedules
will be posted and will not be altered in the midst of normal pay
periods.
5.1.14 To adopt or enforce cost of general improvement programs.
5.1.15 In a civil emergency,to use personnel in any lawful manner.
5.2 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.
5.3 The City has the right to impose something that is unilateral in nature, and
the Union has the right to object to that decision. If the City does impose
something on a unilateral basis and the Union, after notice, fails to object to
that decision within six(6) months,it shall be considered finally imposed.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 6
6.0 RIGHTS OF BARGAINING UNIT MEMBERS
6.1 The employees in the bargaining unit shall have the right to join or assist the
Union or to refrain from any such activity.
6.2 All provisions of this Agreement shall be applied fairly and equitably to all
employees in the bargaining unit.
6.3 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.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 7
7.0 UNION REPRESENTATION
7.1 The City agrees to recognize the Union's officers and up to six (6) City
employee stewards, from each bargaining unit, as agents of the Union. The
Union shall furnish written notice to the Director of Human Resources and
Risk Management of the designated Union officers and employee 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 for each bargaining unit. The authority of a Union steward to act
on behalf of and bind the Union is implied from their designation as steward.
7.2 Non-employee officials of the Union shall, with prior written notification to
the City Manager or the Director of Human Resources and Risk Management,
be admitted to the property of the City for purposes of
administering the Agreement. Union officials as designated above shall only
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.
7.3 Subject to the limitations set forth in Article 8, Section 8.2, Union stewards
will be granted leave to engage in collective bargaining 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.
7.4 The City will provide up to one hundred sixty (160) hours, per bargaining
unit, for employee stewards to engage in the following representative union
activities:
A. To represent an employee who is required to appear at a
meeting related to a grievance or arbitration.
B. To represent an employee who is responding to disciplinary
action or who is the subject of an investigation.
C. To represent an employee at his/her predetermination
conference.
D. To attend collective bargaining as an "additional steward"
pursuant to Article 8,Section 8.2.
E. To make a presentation at Human Resources' Quarterly New
Hire Orientation program.(Non-employee stewards may attend.)
F. To attend union conferences, seminars, training, or other union
activities related to their representative function, provided such
leave does not adversely affect the daily operations of any
department.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
Should the one hundred sixty (160) hours be exceeded, Union stewards
engaging in representative activities pursuant to Article 8, Section 8.2
and/or Section 7.4 of this Article may be released without pay, use accrued
vacation time, or use accrued compensatory time at the discretion of the
Department Head (or designee), whose approval shall not be unreasonably
withheld, unless releasing the employee adversely affects the daily
operations of any department. The City may deny the use of such time off if
it interferes with productivity or manpower needs. However, the City's
exercise of its right shall not be arbitrary or capricious, nor shall it allow the
City to proceed in a manner that deprives employees of their right of
representation.
7.5 When utilizing time pursuant to Section 7.4 of this Article, employee
Stewards shall utilize a Union Business Time-Out Form, a copy of which is
available from the Human Resources and Risk Management Department.
7.5.1. Employee Stewards shall obtain the signature of the City
management representative who is in attendance during any
meeting pursuant to Section 7.4 of this Article on the Union Business
Time-Out Form.
7.5.2 Employee Stewards shall give the completed and signed form to the
employee steward's payroll representative and scan and e-mail a
copy to the Director of Human Resources and Risk Management.
7.5.3 Failure to provide a form to the City management representative,
payroll representative, and Director of Human Resources and Risk
Management may result in disciplinary action.
7.6 No employee shall engage in Union business while on duty except as
referenced in Section 7.3 of this Article.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 8
8.0 COLLECTIVE BARGAINING
8.1 The membership of the bargaining unit shall be represented in
collective bargaining by the President of the Union or Designee. The
Union shall provide written notice of the names of the collective
bargaining representatives to the City Manager and Director of
Human Resources and Risk Management prior to the
commencement of bargaining. It is understood that only the Union
representative(s) submitted in the above referenced notice 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 and Director of Human Resources and Risk Management in
writing of any changes in the designation of any certified
representative of the Union.
8.2 No more than four (4) Union stewards from each bargaining unit
may participate in collective bargaining while on duty, without loss
of pay. Additional stewards or bargaining unit members may
participate in collective bargaining pursuant to Article 7, Section 4,
while off duty,or when on pre-approved paid leave.
8.3 The City shall be represented by the City Manager, or a person or
persons designated in writing to the Union by the City Manager.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 9
9.0 LABOR-MANAGEMENT
A joint Labor-Management Committee composed of an equal number of
representatives from the Union and Management may meet following thirty (30)
days of the ratification of this Agreement and up to such time that negotiations for a
successor Agreement commence to discuss subjects as determined by the
Committee.
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ARTICLE 10
10.0 POSTING OF AGREEMENT
10.1 The City will maintain a copy of this Agreement for inspection in the City
Clerk's Office and will have an electronic copy the Agreement available in
every Department/Division with SEIU workers.
10.2 The City will post a copy of this Agreement,as ratified,on the City's website.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 11
11.0 SAVINGS CLAUSE
11.1 If any provision (Article or Section) of this Agreement is found to be invalid,
unlawful, or unenforceable by any court having jurisdiction or by reason of
any existing or subsequently enacted legislation or by judicial authority, the
remaining provisions of this Agreement shall remain in full force and effect.
11.2 In the event of such finding, either Party may request to open negotiations
for a substitute provision by notifying the other Party in writing within
thirty(30) calendar days of the date the provision was invalidated.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 12
12.0 COLLATERAL DOCUMENTS
12.1 This Collective Bargaining Agreement does not exist in a void. Provisions,as
amended from time to time, of the City's Personnel Policy Manual (PPM),
Administrative Policy Manual (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.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 13
13.0 MODIFICATION OF CONDITIONS
13.1 When the City intends to make changes to City or Departmental rules,
and/or regulations, the City will provide written notice to SEIU. The notice
will include a description of the change and an implementation date, which
shall be no less than thirty(30) calendar days from the date of notice.
13.2 If SEIU believes that the modification constitutes a change to wages,benefits,
or terms and conditions of employment, then SEIU will have ten (10)
calendar days from the date of notice to advise the City in writing that SEIU
is requesting pre-implementation or post implementation impact
bargaining. Such written request shall identify with specificity the manner
in which the modification affects the rights of its members. The request
shall also include three (3) dates and times when SEIU is available to meet
with the City to discuss/bargain the modification.
13.3 When bargaining is requested, it shall begin no less than five (5) calendar
days following SEIU's request and shall be concluded within fourteen (14)
calendar days following the first bargaining session.
13.4 Unless otherwise agreed to by the City and SEIU during their bargaining, the
implementation date of change shall take effect as initially announced by the
City,subject to SEIU's right to continue impact bargaining.
13.5 This provision is not a waiver, restraint, or limitation on the City's
Management Rights, including to unilaterally determine the purpose of its
departments, to set standards of services to be offered to the public, and to
exercise control and discretion over its organization and operations.
13.6 All references to "days" in this Article shall mean "calendar" days, inclusive
of Saturdays,Sundays,and Holidays.
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ARTICLE 14
14.0 ENTIRE AGREEMENT AND NON-WAIVER PROVISION
14.1 This Agreement is the complete Agreement between the Parties, cancels all
prior practices and agreements, and, except as expressly provided for
herein,relieves the parties of the obligation to bargain on any subject during
the term of this Agreement.
14.2 There is no past practice which results in a monetary benefit except as set
forth expressly in this Agreement. All bargaining unit members are covered
under the terms of this Agreement, Departmental Rules and Regulations and
the City's Personnel Policy Manual, and are not under any Civil Service
Rule/Regulation heretofore in existence.
14.3 Nothing in this Agreement shall be construed or interpreted as a waiver of
SEIU's right to request bargaining or impact bargaining.
14.4 Nothing in this Agreement shall be construed or interpreted as a waiver or
limitation on the City's management rights.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 15
15.0 DUES DEDUCTION
15.1 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.
15.2 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 (or electronic mail) notice of such change to the City's
Finance Department.
15.3 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 related to payroll deduction of Union dues
and/or COPE deductions.
15.4 The Union will furnish forms for such authorization.
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SE/U Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 16
RESERVED
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 17
17.0 BULLETIN BOARDS
17.1 The Union shall be provided space for 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 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).
17.2 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 Director of Human Resources and Risk
Management 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.
17.3 The Union shall not post endorsements for candidates who are running for
office.
17.4 The Union will hold harmless and indemnify the City for all claims or actions
arising from materials placed on the bulletin board.
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ARTICLE 18
18.0 PERSONNEL FILES AND BARGAINING UNIT INFORMATION
18.1 Personnel files for all City employees are maintained by the City's Human
Resources and Risk Management Department. Employees may inspect and
obtain copies of their personnel files pursuant to Florida Public Records
Law.
18.2 All bargaining unit members covered by this Agreement must be notified
within seventy-two (72) hours of a public records request to review the
bargaining unit member's personnel file,unless the file is being inspected by
a governmental agency(including IRS), or state attorney, in the conduct of a
lawful criminal investigation when confidentiality of the investigation is
requested.
18.3 Bargaining unit members may request one electronic copy of their file at no
charge once per the term of this Agreement. Additional requests will incur
normal charges pursuant to Florida Public Records Law.
18.4 The Union may request,no more frequently than monthly, from the Director
of Human Resources and Risk Management an electronic copy with the
following information for all bargaining unit employees:
• Name
• Address (if not exempt from public records)
• Hire Date
• Work Location
• Employee ID
• Classification of Employee
• Hourly Rate
• Dues Deducted
• List of Employees in the Bargaining Unit who have left the City in the
previous month
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 19
19.0 RECRUITMENT AND SELECTION
19.1 Recruitment and Selection process and procedures are described in The
Hiring Process of the City of Boynton Beach.
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ARTICLE 20
20.0 PROBATIONARY PERIOD
20.1 All newly hired or rehired employees shall be subject to a probationary
period of one (1)year.
20.1.2 This initial probationary period may be extended for up to an
additional ninety (90) days with the concurrence of the
Department Head, Director of Human Resources and Risk
Management,and City Manager.
20.2 All promoted, reclassified, transferred, or demoted employees shall be
subject to a probationary period of six (6) months, unless the promotion,
reclassification, transfer, or demotion occurs while the employee is still
within his/her initial one (1)year probationary period.
20.2.1 In the event an employee is promoted, reclassified, transferred or
demoted during his/her initial one (1) year probationary period, the
length of the employee's probationary period in the positon to which
(s)he is promoted, reclassified, transferred, or demoted will be
calculated as follows:
The balance of remaining time in the employee's initial one (1) year
probationary period plus six (6) months from the effective date of
his/her promotion,reclassification,transfer,or demotion.
For example:
New Hire/Re-hire Date: January 1,2017
Original Probationary Period End Date:December31,2017
Promotion/Reclassification/Transfer/Demotion Date:June 1,2017
New Probationary Period End Date:June 30,2018
[Seven (7) months remaining in initial one (1)year probation
plus six(6)months for a total of thirteen(13)months.]
20.3 An Employee, while serving in an initial probationary period, as defined in
Sections 20.1 and 20.1.2, or who is promoted,demoted,laterally transferred,
or reclassified, as defined in Article 21, to a position outside of his/her
current and established Career Path, is considered "at-will" and has no
property rights and has no appeal rights for discipline up to and including
termination. All other rights of bargaining unit members are applicable to
probationary employees unless otherwise stated within this Agreement.
20.4 An employee's probationary status is not in and of itself a factor in layoffs.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 21
21.0 PROMOTION,DEMOTION,LATERAL TRANSFER,AND RECLASSIFICATION
21.1 PROMOTION
It is recommended that an employee who is interested in applying for a
promotional opportunity be in his/her current position for a minimum of six
(6) months and have satisfactory performance. Pursuant to Article 20 each
promoted employee is subject to a probationary period of at least six (6)
months from his/her date of promotion and is subject to the provisions in
Article 20.3.
21.1.1 In the event an employee is promoted while serving in his/her initial
one (1) year probationary period, the length of the employee's
probationary period in the positon to which (s)he promoted will be
calculated as follows:
The balance of remaining time in his/her initial one (1) year
probation plus six(6) months from the date of promotion.
For example:
New Hire/Re-hire Date: January 1,2017
Promotion Date:June 1,2017
Promotion Probationary Period End Date:July 1, 2018[Seven
(7) months remaining in initial one(1)year probation plus six
(6)months,fora total of thirteen (13)months.]
21.1.2 Upon promotion an employee's rate of pay will be adjusted as
follows:
a. Promotion of one pay grade:
+5% of mid-point of new grade or to minimum of new grade,
whichever is higher
b. Promotion of two pay grades:
+7.5% of mid-point of new grade or to minimum of new
grade,whichever is higher
c. Promotion of three or more pay grades:
+10% of mid-point of new grade or to minimum of new
grade,whichever is higher
21.1.3 In no event will the employee's base rate of pay exceed the maximum
of the pay grade for the position to which the promotion is made.
21.2 DEMOTION
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
Pursuant to Article 20, each demoted employee, whether voluntary or
involuntary, is subject to a probationary period of at least six (6) months
from his/her date of demotion and is subject to the provisions in Article
20.3.
21.2.1 Upon demotion, an employee's rate of pay will be adjusted as
follows:
Demotion of one pay grade:
-5% of mid-point of current grade (position leaving)
Demotion of two pay grades:
-7.5% of mid-point of current grade (position leaving)
Demotion of three of more pay grades:
-10%of mid-point of current grade (position leaving)
21.2.2 In no event will the employee's base rate of pay exceed the maximum
of the pay grade for the position to which the demotion is made.
21.2.3 A promoted employee who is demoted prior to completion of
his/her probationary period will have his/her pay reduced by the
same amount as the promotional increase.
21.2.4 The Director of Human Resources and Risk Management and the City
Manager reserve the right to make exceptions to Section 21.2.1 of
this Article when they determine that the circumstances
surrounding the demotion do not warrant reducing the pay of the
demoted employee.
21.3 LATERAL TRANSFER
Pursuant to Article 20, each transferred employee, whether voluntary or
involuntary, is subject to a probationary period of at least six (6) months
from his/her date of transfer and is subject to the provisions in Article 20.3.
21.3.1 Employees transferring from one position to another position in the
same pay grade, whether in the same or different department, will
maintain the same rate of pay.
21.4 RECLASSIFICATION
Pursuant to Article 20, each reclassified employee is subject to a
probationary period of at least six (6) months from his/her date of
reclassification and is subject to the provisions in Article 20.3.
21.4.1 Reclassifications resulting in a promotion, demotion, or lateral
transfer and will follow those specified provisions as outlined in this
Article.
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SE/U Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 22
22.0 SENIORITY AND LAYOFF
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.
22.1 Seniority shall be defined as the employee's continuous length of service
with the City of Boynton Beach.
22.2 Employees shall lose their seniority for the following reasons:
A. Termination
B. Retirement
C. Resignation
D. Failure to report to the Department of Human Resources and
Risk Management the intention of returning to work within five
(5) days of receipt of recall as verified by certified mail
E. Failure to return from military leave within the time prescribed
22.3 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.
A. Employees will be given severance pay when laid off from the
City according to the following schedule:
Completed Years of Service Severance Pay
0- 1 year 40 hours
2- 9 years 80 hours
10- 19 years 120 hours
20+years 160 hours
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 Director of Human Resources and Risk Management 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
in the same classification and within the same department.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 23
23.0 DISCIPLINE AND PERFORMANCE MANAGEMENT
23.1 COACHING
Supervisors provide information,guidance,and directives to employees on a
day-to-day basis, which is a standard method of communication in the
workplace. Beyond such standard communication, Coaching is an
opportunity for an employee and supervisor to discuss work-related
progress and concerns. During coaching, supervisors may provide
employees with feedback relating to their day-to-day conduct, behavior,
and/or overall performance of their jobs, such as what went well, what
could have gone better, reminders, and/or other instructive and
constructive communications. Coaching is intended to identify to an
employee conduct,behavior, or a performance deficiency in an informal and
constructive way before it reaches a level necessitating documented
disciplinary action. As Coaching does not constitute discipline, employees
are not entitled to Union representation when management is providing
such feedback. Coaching, although encouraged, is not required prior to the
imposition of discipline.
23.2 PROGRESSIVE DISCIPLINE
The City endeavors to maintain productive and mutually beneficial
employment relationships with bargaining unit members. No bargaining
unit member shall be disciplined without just cause. When employees
violate an established policy, procedure, or rule, or when performance
deficiencies are identified, management addresses these issues with
employees with the intent to have employees correct their behavior and/or
improve their performance. Progressive discipline allows for the imposition
of an appropriate level of discipline depending on the facts and
circumstances of each case coupled with consideration of the employee's
overall employment and disciplinary history. No two employees or
circumstances are identical; therefore, individual employees may have
different progressive discipline outcomes. Violations are categorized as
Misconduct, Serious Misconduct, or Extreme Misconduct. A non-exhaustive
list of examples of different types of violations by category is referenced in
the City's Personnel Policy Manual. Progressive discipline does not apply to
the following categories of conduct:
• Workplace Violence
• Harassment
• Criminal Activity
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
23.3 DISCIPLINE PROCESS
23.3.1 Initial Meeting
When a supervisor identifies a policy, procedure, or rule violation
and/or other performance deficiency,the supervisor may,at his/her
discretion, schedule an "Initial Meeting"with an employee to discuss
the incident or issue to ensure that (s)he has considered the facts
and circumstances from the employee's perspective. Although some
circumstances may benefit from a supervisor having an Initial
Meeting, there is no requirement to have one in all cases. If the
supervisor schedules an Initial Meeting, it is because the employee
will be subject to questioning, which may result in discipline. As
such, an employee is able to request Union representation to
accompany him/her to the Initial Meeting. An employee will be
provided with a minimum of forty-eight (48) hours of notice of any
scheduled Initial Meeting for which (s)he would be responsible for
requesting a Union representative No advanced notice to the
employee is required when the supervisor has pre-arranged for a
Union representative to attend the Initial Meeting. The employee
and Union representative will be allowed up to fifteen (15) minutes
to confer, without management present, prior to the start of the
Initial Meeting.
23.3.1.2 Requesting/Waiving Union Representation
It is the employee's responsibility to arrange for Union
representation, if so desired, upon receiving notice to attend
an Initial Meeting.
An employee who arrives to a prescheduled Initial Meeting
without Union representation will be deemed to have waived
his/her right to such representation, and the meeting will
proceed as scheduled.
23.3.2 Disciplinary Meeting
A Disciplinary Meeting may be held with an employee at any time.
The purpose of a Disciplinary Meeting is to issue already determined
discipline. As an employee will not be expected to answer any
questions at this meeting, (s)he is not entitled to Union
representation.
23.4 TYPES OF DISCIPLINARY ACTION
The following disciplinary actions shall be utilized, and, depending on the
severity of the offense, the first disciplinary action may be at any
appropriate level,including termination of employment.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
Minor Discipline:
A. Written Counseling
B. Written Notice
C. Written Notice in Lieu of Suspension,
D. Unpaid Suspension of twenty-four(24) hours or less,
Major Discipline:
A. Unpaid Suspension of more than twenty-four(24)hours
B. Disciplinary Demotion
C. Termination of Employment
23.5 PERFORMANCE IMPROVEMENT PLAN (PIP)
Performance Improvement Plans (PIP) are most commonly used in the
following circumstances:
• To extend an employee's probationary period;
• When an employee receives a performance evaluation,which
indicates the employee is not meeting expectations;
• When an employee's performance, related to deficiencies in
their knowledge, skills, abilities, and/or competencies
(K.S.A.C.),has deteriorated over a period of time; or
• When an employee's performance, related to deficiencies in
their knowledge, skills, abilities, and/or competencies
(K.S.A.C.), falls below standard following a newly
implemented system,process,and/or procedure.
A Performance Improvement Plan describes the employee's current
performance issues, states the performance expectations for required
area(s) of improvement, and provides an action plan to guide the employee
toward improving his/her performance within a defined time period.
a. A Performance Improvement Plan may be issued at any time
and/or in conjunction with any disciplinary action.
b. Any "Major Discipline" or suspension resulting from the
unsuccessful completion of a Performance Improvement Plan is
subject to a Predetermination Conference.
23.6 TYPES OF APPEALS/RESPONSES TO DISCIPLINARY ACTION
23.6.1 Minor Discipline Appeal/Response Options:
a. There are no appeal options for a Written Counseling or for
placing an employee on a Performance Improvement Plan.
b. Written Comments
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
Employees may submit written comments in response to any Minor
Discipline for inclusion in their personnel files.
c. Administrative Appeal
Employees may request to have an Administrative Appeal with the
Director of Human Resources and Risk Management (or Designee)
by making such request in writing or by electronic mail directly to
the Director of Human Resources and Risk Management within ten
(10) calendar days of receipt of a Written Notice, Written Notice in
Lieu of Suspension, or Unpaid Suspension of twenty-four (24) hours
or less.
Within thirty (30) calendar days of conducting an Administrative
Appeal, the Director of Human Resources and Risk Management (or
Designee) will provide the employee with a written response of
his/her determination. This determination is final and not subject to
further review or appeal.
23.6.2 Major Discipline Appeal/Response Options:
a. Written Comments
Employees may submit written comments in response to any Major
Discipline for inclusion in their personnel files.
b. Predetermination Conference
Prior to the imposition of any Major Discipline, employees are
entitled to participate in a Predetermination Conference. Employees
will be provided a letter explaining their eligibility to participate in
the Predetermination Conference. If an employee wishes to
participate, (s)he must timely elect to do so by completing and
returning the Election of Rights form to the Director of Human
Resources and Risk Management by the deadline stated in the letter,
and (s)he must attend the Predetermination Conference as
scheduled. An employee may have a representative attend the
Conference with him/her.
As soon as practical after the Predetermination Conference, the
employee will be notified in writing of the City's decision.
If no agreement is reached following the City's response to the
Predetermination Conference, the Union may refer the matter on
behalf of the employee to arbitration by notifying the Director of
Human Resources and Risk Management and the City Manager by
electronic mail on or by the tenth (10th) day of receipt of the City
Manager's response.
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SE/U Collective Bargaining Agreement-October 1,2017-September 30,2020
23.7 CRIMINAL CHARGES
a. If an employee 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 or who
pleads guilty or no contest in conjunction with a plea negotiation
shall be terminated from his/her employment with the City without
the right to a Predetermination Conference or appeal through the
Grievance process. If an employee is convicted of,or pleads guilty or
no contest to a lesser charge or in conjunction with a plea
negotiation, (s)he may be terminated from his/her employment with
the City pending the outcome of a Predetermination Conference.
b. During an Administrative Leave Without Pay under these
circumstances, an employee will be paid from any accrued and
available vacation and sick leave.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 24
24.0 GRIEVANCE AND ARBITRATION
A grievance is defined as a dispute or disagreement involving the application or
interpretation of the express provisions 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. 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. Challenges to discipline are governed by Article 23 -
Discipline and Performance Management.
All references to"days"in this Article shall mean calendar days.
24.1 Grievance Procedures
All grievances and responses to grievances shall be dated and submitted in writing by
electronic mail to the Director of Human Resources and Risk Management (or Designee).
The Parties agree to the step procedure outlined in this Article and acknowledge that the
Parties can only extend stated deadlines by written agreement that matters are temporarily
(not to exceed ten (10) days) being held in abeyance. Extensions shall never be inferred by
the conduct of a Party and shall always be in writing. If the Union or Grievant fails to timely
file or timely advance a grievance to the next step, the grievance is deemed "withdrawn"
and cannot be refiled. If the City fails to timely respond at any step,the grievance is deemed
"denied"and the Union or Grievant may proceed to the next step.
The Parties agree to utilize the Director of Human Resources and Risk Management (or
Designee) at all steps as the conduit for receiving and responding to grievances submitted
to the City. Grievances at all steps shall be submitted by electronic mail to the Director of
Human Resources and Risk Management (or Designee). For the purpose of this Article, "of
receipt"shall mean the date the electronic mail message was sent.
24.1.1 Step One-Department Director
The Union or Grievant shall submit in writing a Step One grievance on behalf of an
employee or group of employees on or by the fifteenth (15th) day of the occurrence
or on or by the fifteenth (15th) day of when the employee(s) knew or should have
known of the occurrence.
All grievances shall include the following:
a. Statement of the grievance and the facts and circumstances upon
which it is based;
b. Name,job title,and department of grievant(s);
c. The Article(s) and Section(s) of the Agreement alleged to have been
violated;and
d. The remedy requested;
All class action grievances shall also include:
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
a. Statement indicating the grievance is a class action;and
b. Signature of an SEIU Union Official (President, Vice-President, Chief
of Staff,Deputy Chief of Staff,or non-City employee Lead Negotiator).
In the event a grievance does not contain the required information listed
above, the Director of Human Resources and Risk Management (or
Designee) may return the grievance to the Union or Grievant by electronic
mail with a written notification identifying the missing information and
deeming the grievance as "incomplete." An "incomplete" grievance must be
returned to the Union or Grievant on or by the fifteenth (15th) day of receipt
of the grievance. The Union or Grievant will then have five (5) days from the
date of receipt of the incomplete grievance to resubmit a complete
grievance. If a complete grievance is not resubmitted on or by the fifth (5th)
day of receipt,it will be deemed"withdrawn,"and the Union or Grievant will
not be able to resubmit it.
The Department Director's Step One response shall be transmitted to the Union on
or by the tenth (10th) day of receipt of a complete grievance.
24.1.2 Step Two - Director of Human Resources and Risk Management (or
Designee)
If no agreement is reached at Step One, the Union or Grievant may file a Step Two
written grievance on behalf of grievant(s) by electronic mail to the Director of
Human Resources and Risk Management on or by the seventh (7th) day of receipt of
the Step One response. The Step Two written grievance shall describe with
specificity the information on which the Union is relying to establish why it believes
the Department Director's Step One response is not correct.
The Director of Human Resources and Risk Management (or Designee), at his/her
discretion, may conduct interviews with the grievant(s), the Union
representative(s), members of the bargaining unit, and/or management to discuss
the grievance. The Director of Human Resources and Risk Management (or
Designee) must notify the Union or Grievant within five (5) days of receipt of the
Step Two appeal if(s)he intends to conduct an interview with the grievant(s). Once
such notification is made, the time period for the City's Step Two response is tolled
until the interviews can be scheduled and conducted.
The Director of Human Resources and Risk Management (or Designee) shall
respond in writing to the Step Two grievance by electronic mail on or by the
twentieth (20th) day of receipt of the Step Two grievance or on or by the twentieth
(20th) day following an interview with the grievant(s), if an interview occurred.
24.1.4 Step Three-Arbitration
a. If no agreement is reached at Step Two the Union may refer the grievance on
behalf of the grievant(s) to arbitration by notifying the Director of Human
Resources and Risk Management and the City Manager by electronic mail on
or by the twentieth (20th) day of receipt of the Step Two response. The City
may also request arbitration by notifying an SEIU Union Official by
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
electronic mail on or by the twentieth (20th) day of submitting the Step Two
response. Employees who are not members of the Union, and who the
Union refuses to represent as a result of such non-membership in the Union,
may proceed to arbitration on their own and at their own expense, unless
the Union has determined that the grievance giving rise to the arbitration
has no merit.
24.2 Arbitration Procedures
The Party requesting arbitration shall initiate arbitration on or by the tenth (10th) day of
receipt of arbitration notice as referenced in Section 24.1.4.a. by filing a request with the
Federal Mediation and Conciliation Service (FMCS) for a panel of seven (7) arbitrators with
a business office in the State of Florida. A copy of this request shall be served on the other
Party.
24.2.1 Arbitrator Selection
Each Party retains the right to reject one arbitrator panel in its entirety and request
that a new panel be issued. The Party requesting arbitration shall strike the first
name with each Party alternating strikes thereafter until only one arbitrator's name
remains. The person remaining shall be the arbitrator. The arbitrator shall
determine the date(s) and time(s) of the hearing subject to the availability of the
Union and the City. Arbitration will be conducted at a location determined by the
Parties.
24.2.2 Arbitration Fees and Expenses
All fees and expenses of the arbitrator shall be divided equally between the Union
and the City; however, each Party shall fully bear the expense of preparing and
presenting its own case, including the cost of witnesses and other people it requires
to attend the arbitration.
24.2.3 Arbitrator Authority and Award
The power of the arbitrator shall be limited to the interpretation and application of
the written terms of this Agreement. In no event shall the terms and provisions of
this Agreement be deleted, modified, or amended by the arbitrator. The arbitrator
shall consider and decide only the specific issues raised by the grievance when it
was submitted in writing to the City at Step One and the arbitrator shall have no
authority to make his/her decision on any issue not submitted to him/her.
The arbitrator shall submit his/her decision in writing with a statement of findings
and reasons within thirty (30) days of the receipt of briefs, if any, or receipt of the
transcript if Parties have agreed to submit the arbitration transcript in lieu of briefs.
In the event the arbitrator finds a violation of the Agreement, the arbitrator shall
determine an appropriate Award. The arbitrator's Award shall not be greater than
the restoration of the employee to his/her most recent position held and the
monetary value of the employee's back wages and benefits to make the employee
"whole."
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
24.2.4 Other Provisions
A transcript of the Hearing will be made,unless waived by both Parties.
Briefs,if any,must be filed with the arbitrator no later than thirty(30) days after the
close of the Hearing or after receipt of the transcript, if a transcript is requested by
either Party.
Settlement of a grievance prior to the issuance of an arbitration Award shall not
constitute precedent nor shall it constitute an admission that the Agreement has
been violated.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 25
25.0 INSURANCE
25.1 Medical,Vision and Dental Insurance
Effective October 1, 2015, the sole medical benefit plan available to employees is a High
Deductible Health Plan (HDHP).
25.1.1 Year One: (October 1, 2017 through September 30, 2018)
1. The premium cost for "employee only" HDHP medical, dental, and vision insurance
shall be paid by the City. Employees are responsible for paying any premiums
associated with covering dependents. The City Commission, through the Annual
Budget process, may appropriate funds to subsidize the employees' premium costs
for employees who cover dependent children on their medical plans. Any subsidy
offered does not extend beyond the plan year for which it is budgeted, and the
offering of and/or amount of any such subsidy is not subject to negotiation.
2. The City will contribute an annualized total of five hundred ($500.00) into an
employee's HSA on the first full pay period check date following January 1, 2018.
a. In order to be eligible for HSA deposit above, an employee must be actively
employed on the first of the month in which the contract is ratified.
b. Employees who are enrolled on the City's medical plan but who are
ineligible to have an HSA because they are also enrolled in Medicare,may be
eligible to receive the City contribution amount referenced in Section 2
above. These employees must inquire directly with the Director of Human
Resources and Risk Management no later than January 1, 2018 to be
considered.
3. The City will contribute two hundred fifty dollars ($250.00) into an employee's HSA
when they complete a Personal Health Assessment (PHA) between October 1, 2017
through July 31, 2018 at the Employee Health and Wellness Center and provide the
required documentation to Human Resources.
4. The City will provide opportunities to convert an annualized total value of up to one
thousand dollars ($1,000.00) after pension deduction, of any combination of sick
and vacation time at the 100% conversion rate to help fund their HSA. This
conversion can be done during the following times:
a. December 1, 2017 - December 31, 2017 (any amount up to an annualized total
of$1,000.00)
b. April 1, 2018 - April 30, 2018 (any amount up to an annualized total of
$1,000.00)
c. August 1, 2018 - August 31, 2018 (any amount up to an annualized total of
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
$1,000.00)
d. For purposes of this Article, "annualized" means plan year October 1, 2017
through September 30, 2018.
5. Newly hired employees, hired on or after October 1, 2017, and who elect to be
covered on the City's medical insurance, will accrue forty-one dollars and sixty-
seven cents ($41.67) per active month of service for the City to deposit into their
HSA through September 2018. The initial deposit will be made the first check of the
month in which the member becomes enrolled in the City's group medical
insurance.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 26
26.0 PENSION
26.1 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.
26.2 The City and the Union agree to conform the pension plan to state
requirements as pertaining to municipal pension programs.
26.3 The Union agrees to reopen this Article for negotiation upon written request
of the City at any time during the term of this Agreement.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 27
27.0 HOURS OF WORK,OVERTIME,AND BREAKS
27.1 HOURS OF WORK
27.1.1 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 City. Nothing in
this Agreement shall be construed as a guarantee or limitation of the
number of hours worked per week.
27.1.2 The Department Director (or Designee) will establish a regular work
schedule for employees and may change an employee's or group of
employees' regular work schedules to meet department needs. Employees
will be notified in writing with a minimum of six (6) calendar days of notice
of any change to their regular work schedules. Notwithstanding the
requirement for the advanced notice, employees may, at their sole
discretion, waive the notice period and begin to work the new schedule
upon request of the Department Director(or Designee).
27.1.3 Employees may be required to work additional hours as assigned by their
supervisors.
27.1.4 Employees shall not be in a work status more than seven (7) minutes prior
to, or more than seven (7) minutes after, their regular workdays unless they
have their supervisor's approval to be in a work status.
For purposes of timekeeping, the City will round time to the quarter hour
consistent with 29 C.F.R.§785.48.
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
27.1.4.1 It is understood that the clock or other system designated by
an employee's supervisor to record arrival and departure shall be the clock
or system against which timely reporting for work is measured. If at any
time that clock or system is deemed inoperative, the immediate supervisor
will advise employees which clock or system will be utilized for timekeeping
purposes.
27.1.4.2 Employees are required to accurately document or record
their work time pursuant to their department's system.
27.1.5 Shift Bidding: Employees who work in departments in job classifications
that have more than one established shift are able to bid on these shifts
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
pursuant to the Department's/Division's established shift bidding process.
A list of Departments/Divisions with established shift bidding processes is
available in ADDENDUM"A"of this Agreement.
27.1.5.1 If no departmental/divisional shift bidding process exists for a job
classification within a Department/Division that has more than one shift,
then the priority for selecting shifts will be based on seniority,as defined by
the length of time in the job classification within the department/division,as
long as the department/division can maintain the necessary balance of
employees with the requisite knowledge, skills,and abilities required for the
shift. The Department Director retains the sole discretion to determine the
requisite knowledge, skills, and abilities complement required on each shift.
Such shift bidding opportunities will be granted each year on December 1st
and become effective January 1st.
27.2 OVERTIME
27.2.1 All work performed in excess of forty (40) hours in any one work
week shall be paid in accordance with the Fair Labor Standards Act
(FLSA) regulations for overtime.
27.2.2 Only hours "actually worked"will be considered in the calculation of
overtime.
27.2.3 Additional hours may be offered and scheduled for a specified work
function. Such additional hours will be offered on a rotating basis
based on seniority, which is defined as the length of time in the job
classification within the department/division. Department/Division
established rotation processes supersede this provision. A list of
Departments/Divisions with established rotation processes is
available in ADDENDUM"B"of this Agreement.
27.2.3.1 Additional hours worked are not calculated as
"overtime" until an employee has "actually worked"
in excess of forty(40) hours in the work week.
27.2.4 Supervisor's shall provide no less than two (2) hours of advanced notice
to employees prior to the assignment of unscheduled/mandated
additional work hours except in the case where the supervisor, in
consultation with the Department Director (or Designee), has determined
that the additional unscheduled/mandated hours are deemed an
immediate necessity for providing City services.
27.2.4.1 An employee who refuses or fails to work additional
hours, pursuant to Section 27.2.4, may be subject to
discipline if the employee does not have a legitimate
reason, as determined by the supervisor in
consultation with Human Resources, as to why (s)he
cannot work the hours.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
27.2.5 In the event an employee is required to work additional hours, the
employee's hours may be flexed within the same work week, provided
the employee and the supervisor mutually agree to do so.
27.3 BREAKS
27.3.1 Employees are provided with two (2) paid fifteen (15) minute
breaks throughout the course of a minimum eight (8) hour scheduled shift.
During scheduled shifts of less than eight(8) hours, employees are provided
with one (1) paid fifteen (15) minute break. During these paid breaks,
employees are required to remain at the job site. Paid breaks are scheduled
by the employee's supervisor, and the supervisor may authorize the
combination of two (2)paid breaks.
27.3.2 Unless otherwise stated, employees who are scheduled to work a
shift of eight and a half(8.5) hours have a thirty (30) minute unpaid break.
Employees who are scheduled to work a shift of nine (9) or more hours have
a sixty (60) minute unpaid break. During this break time, employees are
allowed to leave the job site. Unpaid breaks are scheduled by the
employee's supervisor, and the times of such breaks are subject to change
without notice.
27.3.2.1 An employee who, due to work necessity as dictated by
his/her supervisor, is unable to disengage from work for the
break referenced in Section 27.3.2 may be required or
authorized by his/her supervisor to flex that time on the
same work day.
27.3.2.2 A Department Director, with approval from the Director of
Human Resources and Risk Management and the City
Manager, may authorize an employee to have an alternate
unpaid break length that is consistent with his/her regular
work schedule.
27.3.2.3 Employees in the following job classifications are not eligible
for the break referenced in Section 27.3.2 because they are
required to remain at the job site an unable to fully disengage
from their work:
• Plant Operator Maintainer Trainee
• Water Treatment Plant Operator I
• Water Treatment Plant Operator II
• Water Treatment Plant Operator III
• Water Treatment Plant Lead Operator
27.3.3 An employee who fails to adhere to break time provisions, including timely
returning to work from breaks,is subject to discipline.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
27.4 Task Assignment(Solid Wastel
27.4.1 Solid Waste employees are responsible for satisfactory completion of a daily
Task Assignment. A daily Task Assignment is defined as those duties correlating to
collection of solid waste from defined routes;assisting other employees in collecting
solid waste from other defined routes pursuant to Section 27.4.2; attending
departmental meetings that require employee attendance; cleaning and maintaining
vehicles; performing emergency work pursuant to Section 27.4.3; and any other
duties assigned by supervisory staff related to support services for solid waste
collection and to advance Citywide disaster responses.
27.4.2 Within the Solid Waste Division, circumstances may arise which prevent
certain crews from completing their assigned routes within the work day. In this
event, Management may direct other crews to help complete the route(s) of crews
who were unable to complete their route(s) on that same day.
27.4.3 All employees in the Solid Waste Division of Public Works who perform
work pursuant to Section 27.4.1 are considered Task employees. Task employees
will be assigned to shifts of either eight (8) or ten (10) hours per day. Task
employees will maintain the same shift for an entire work week. At the beginning of
each work day, a daily Task Assignment shall be assigned by the supervisor. Upon
completion of the assigned daily Task Assignment, a Task employee may be
required to perform other work functions related to the Solid Waste Division of
Public Works.
27.4.3.1 Task employees shall be released from duty only by their
immediate supervisors. Task employees are prohibited from releasing
themselves from duty.
27.4.4 The Director of Public Works (or Designee) will "equalize," as closely as
possible,assignments for Task employees.
27.4.5 An employee may be assigned to cover another employee's assigned route
when the employee who is normally assigned to the route is on vacation or is on
extended leave. In this case, the employee who is assigned to cover the route shall
be assigned that route for the entire work week and shall work the same shift as the
employee for whom (s)he is covering. Management shall make every effort to
provide the covering employee with forty-eight(48) hours of advance notice.
27.4.6 "Task hours," hours that are not "actually worked," are not considered
"hours worked" for the purposes of calculating overtime. Overtime is calculated and
paid pursuant to Sections 27.2.through 27.2.3.1.
27.4.6.1 Section 27.2.4 is not applicable to Task employees who are on
Task Assignment(Solid Waste).
27.4.7 Employees may sign up to voluntarily work on Sunday to perform work
consistent with Task Assignments. Voluntary Sunday Task Assignments shall be
offered on a rotating seniority basis, starting with the most senior employee who
signed up to work.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
27.4.7.1 A Task employee who has volunteered to work on that Sunday
will be paid either: (a) three (3) hours at one and a half(1.5) times his/her
regular rate of pay or (b) the total of all actual hours (s)he"actually worked"
at his/her regular rate of pay,whichever is greater.
27.4.7.2 Should no Task employees volunteer to work on a Sunday when
work is available, the City shall mandate the Sunday Task Assignment by
reverse seniority, beginning with the least senior Task employee. Task
employees who have been mandated to work a Sunday Task Assignment will
be paid the total of all actual hours (s)he "actually worked" at his/her
regular rate of pay.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 28
28.0 COMPENSATORY TIME
28.1 Employees may accrue compensatory time in lieu of overtime pay when the
employee works in excess of forty(40)hours in a work week.
28.2 Compensatory time is accrued at one and a half (1.5) times per hour of overtime
worked. 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.
28.2.1 The first quarter begins on October 1st.
28.3 It is solely the employee's option to choose whether (s)he wishes to be paid for
his/her overtime or to accrue compensatory time. The City will not encourage
employees to take one form of compensation over the other.
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SE/U Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 29
29.0 HOLIDAYS
29.1 The following is a list of City-observed holidays. The dates on which each
holiday is observed by the City is determined each October for the upcoming
calendar year.
• New Year's Day
• Martin Luther King,Jr. Day
• Presidents' Day
• Memorial Day
• Independence Day
• Labor Day
• Veterans'Day
• Thanksgiving Day
• Day After Thanksgiving
• Christmas Eve
• Christmas Day
29.2 Holiday Pay Provisions
29.2.1 For employees who are not required to work on a City-observed
holiday:
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 a City-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. Employees must work their regularly scheduled work day
immediately before and their regularly scheduled work day
immediately after the holiday or be in a pre-approved and
authorized pay status immediately before and after the holiday
in order to receive holiday pay or have floating holiday hours
added to their vacation leave banks.
29.2.2 For employees who are required to work on a City-observed holiday:
A. An employee who is scheduled and required to work on a
City- observed holiday,will receive eight (8) hours of holiday
pay at straight time in addition to being compensated for
their hours "actually worked."
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B. Employees must report to work on time and work until the
end of their shift on the City-observed holiday in order to be
eligible for holiday pay.
29.2.3 Employees who are on a pre-approved and authorized leave with
pay status on the date on which a City-observed holiday falls will
have their leave time for that date designated as"holiday,"and it will
not be charged to or deducted from their otherwise designated leave
bank.
29.3 Task Assignment(Solid Waste) Holidays
29.3.1 For Task employees who are not required to work on a City-observed
holiday:
A. When a City-observed holiday falls on a Task employee's
scheduled work day, the employee will receive eight (8) hours
holiday pay at straight time.
B. When a City-observed holiday falls on a Task 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. Employees must work their regularly scheduled work day
immediately before and their regularly scheduled work day
immediately after the holiday or be in a pre-approved and
authorized pay status immediately before and after the holiday
in order to receive holiday pay or have floating holiday hours
added to their vacation leave banks.
When a City-observed holiday falls on a Task employee's non-scheduled work day, it will be
treated as a floating holiday, and eight (8) hours will be added to the Task employee's
vacation leave bank.
29.3.2. For Task employees who are required to work on a City-observed holiday:
A. An employee who is scheduled and required to work on a City-observed
holiday, will receive eight (8) hours of holiday pay at straight time in
addition to being compensated for their hours"actually worked."
B. Should a Task employee be required to perform "actual work" beyond
his/her regular eight (8) or ten (10) hour Task Assignment schedule on
a holiday, those hours also count as "hours worked" for purposes of
calculating overtime.
C. Employees must report to work on time and work until the completion
of their Task Assignment on the City-observed holiday in order to be
eligible for holiday pay.
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29.3.3 Employees who are on a pre-approved and authorized leave with pay status
on the date on which a City-observed holiday falls will have their leave time
for that date designated as "holiday," and it will not be charged to or
deducted from their otherwise designated leave bank.
29.3.4 Task employees are prohibited from using Emergency Vacation, as
referenced in Article 36.4,on a City-observed holiday.
29.3.5 The City will publish a holiday service schedule and make up day schedule at
least six(6) months in advance of a holiday.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 30
30.0 WAGES
30.1 Year One (October 1, 2017-September 30, 2018):
Subject to appropriation by the City Commission, Bargaining Unit members
will receive a two and three quarter percent (2.75%) increase to their
hourly base rate retroactive to October 2, 2017. An employees who is at the
maximum of his/her pay range will receive a lump sum in lieu of an increase
to his/her hourly base rate of pay.
30.1.1 The City will increase pay ranges by two and a half percent(2.5%) in
the City's Pay Plan effective October 1,2017.
30.1.2 To reduce compression and to maintain the integrity of the City's Pay
Plan, Bargaining Unit members who are reclassified and/or
promoted between October 1, 2017 and ratification of this
Agreement will have their new reclassification and/or promotional
hourly rates calculated using the pay plan that was in effect on
September 30, 2017.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 31
31.0 STANDBY,CALL BACK,AND OTHER ASSIGNMENT INCENTIVE PAY
31.1 STANDBY PAY
Standby Pay may also be referred to as "Beeper Pay" or "On-Call Pay." Department
Directors establish departmental/divisional rules regarding Standby protocols,
including response times and procedures,which meet the needs of their respective
operations. This Article addresses how an employee will be compensated for
Standby assignments. This Article is only applicable to employees who are required
to report to"the field" rather than to"the office" or"the center."
31.1.1 Supervisors schedule employees for Standby Assignments on a
rotating basis and considerations may include: seniority, capability,
availability,and reliability.
31.1.2 Divisions/Departments establish the rate of Standby Pay, which is
not to be less than the equivalent of one and one half(1.5) hours of
pay at an employee's hourly base rate of pay.
Divisions/Departments with established Standby Pay are attached in
ADDENDUM"C."
31.1.3 Standby Pay for Court Appearances During Non-Working Hours:
a. Upon notice from the City that an employee is required to
remain on standby for a court appearance, the employee
shall receive one (1) hour of Standby Pay at the employee's
hourly base rate of pay for each non-working day (s)he is
required to remain in such status. Employees in this status
will be compensated at a rate one half(0.5)hour of pay at the
employee's hourly base rate of pay for a maximum of eight
(8) hours per non-working day.
b. Employees who are required to appear in Court on behalf of
the City are eligible for Call Back Pay, as defined in 31.3.2. of
this Article, if such appearance is required during their non-
working hours.
31.2 CALL BACK PAY
Department Directors establish departmental/divisional rules regarding Call Back
protocols, including response times and procedures, which meet the needs of their
respective operations. This Article addresses how an employee will be
compensated for Call Backs. This Article is only applicable to employees who are
required to report to "the field" rather than to "the office" or "the center." Call Back
Pay for Bargaining Unit members in the Police Department is addressed in
ADDENDUM"D."
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
An employee who is called back to work more than thirty (30) minutes after or
more than thirty (30) minutes before his/her regularly scheduled work hours will
receive Call Back Pay as follows:
31.2.1 For each Call Back from 6:00 a.m.through 6:59 p.m.
a. Call Back Pay Minimum: Two (2) hours at one and one half
(1.5) times the employee's hourly base rate, regardless of
length of time required to complete the work. (No
concurrent pay for the Call Back Pay Minimum and Regular
Hours pay is permitted.)
b. Time worked in excess of two (2) hours for one Call Back will
be paid at straight time and will be counted as "hours
worked" for purposes of calculating overtime.
31.2.2 For Each Call Back from 7:00 p.m.through 5:59 a.m.
a. Call Back Pay Minimum: Three (3) hours at one and one half
(1.5) times the employee's hourly base rate, regardless of
length of time required to complete the work. (No
concurrent pay of the Call Back Pay Minimum and Regular
Hours pay is permitted.)
b. Time worked in excess of three (3) hours for one Call Back
will be paid at straight time and will be counted as "hours
worked" for purposes of calculating overtime.
31.3 OTHER ASSIGNMENT INCENTIVE PAY
Nothing in this Article limits the City's ability to, or requires the City to, offer
other incentive pay for assignments;however,such assignment incentives,if
offered,will be made available to all employees who are qualified to perform
the responsibilities of the assignment and who are in the same job
classification within the same Division/Department in which the assignment
is being made. Seniority,defined as length of time in job classification within
the Division of the Department, will be the basis from which selections for
such assignments are made.
31.3.1 No assignment incentives may extend beyond three (3) months
without the assignment being rotated based on seniority to all
employees who are qualified to perform the responsibilities of the
assignment and who are in the same job classification within the
same Division/Department in which the assignment is being made.
Seniority, defined as length of time in job classification within the
Division of the Department, will be the basis from which selections
for such assignments are made.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
31.3.2 Any offer of other incentive pay for assignments is not a guarantee
that such incentives will be continued, and the Union expressly
waives its right to consider such incentives as a"Past Practice."
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 32
32.0 CERTIFICATIONS AND PROFESSIONAL LICENSES
Some positions within the City's established Job Classification system require
employees to maintain certain certification(s) and/or professional license(s) as a
minimum requirement and as a condition of employment. Some positions within
the City's established Job Classification system require employees to obtain certain
certification(s) and/or professional license(s) as a prerequisite for advancement to
the next step in the classification's Career Path. For purposes of this Article, Florida
Class E Driver's Licenses are not considered "professional licenses." Nothing within
this Article is a waiver or limitation of Management Rights.
32.1 An employee who is required to maintain such professional license(s)
and/or certification(s), as a minimum requirement, as specified in the Job
Classification for the employee's current position, is eligible for financial
assistance.
32.1.1 The City will provide financial assistance for the maintenance of such
professional license(s) and/or certification(s) as follows:
a. The City will reimburse the employee for
application/registration and/or testing fees upon receipt of
employee's documented, successful completion and renewal of
required professional license and/or certification.
b. The City is not responsible for costs associated with travel and
costs associated with any classes required as continuing
education credits.
32.2 An employee who is required to obtain such professional license(s) and/or
certification(s) as a prerequisite to advancing to the next step in his/her job
classification's Career Path is eligible for financial assistance.
32.2.1 The City will provide financial assistance for the maintenance of such
professional license(s) and/or certifications) as follows:
a. The City will reimburse an employee for twenty-five percent
(25%) of the cost for one (1) set of basic study materials per
employee per required license and/or certification.
b. The City will reimburse the employee for
application/registration and/or testing fees upon receipt of
employee's documented, successful completion and renewal
of required professional license and/or certification.
c. The City is not responsible for costs associated with travel
and costs associated with any classes required as continuing
education credits.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
32.3 The City may, from time to time, offer other incentives or additional pay to
employees who, on their own time and expense, have attained professional
license(s) or certification(s), which are not required in, but allow them to
perform additional functions within their current Job Classification, and
such functions are determined by the Department Director to be beneficial
for the employees to be able to perform.
32.3.1 Employees who are receiving incentives or additional pay pursuant
to Section 32.3 are not eligible to receive "Out of Class Pay" (See
Article 34) unless the employee has been assigned in writing to
perform another job due to a vacancy in the budgeted position. In
cases when an employee has been assigned to work Out of Class,any
incentive(s) or additional pay will be suspended until such time that
the Out of Class assignment is concluded.
32.3.2 Nothing in Section 32.3 requires the City to offer other incentives or
additional pay to employees who have professional license(s)
and/or certification(s) not specifically stated as a minimum
requirement in their current Job Classifications. Any such incentive
or additional pay, if offered, will be made available to all employees
in the same job classification within the same Division/Department,
who have identical professional license(s) and/or certification(s)
and who are willing to perform additional functions, which are not
required in their current Job Classification Any offer of other
incentives or additional pay for assignments is not a guarantee that
such incentives or additional pay will be continued, and the Union
expressly waives its right to consider such incentives and additional
pay as "Past Practices."
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 33
33.0 EMERGENCY PAY POLICY
33.1 Emergency pay shall hereinafter be paid pursuant to the provisions of City
Emergency Ordinance 2005-036 or the most current City Emergency
Ordinance.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 34
34.0 OUT OF CLASS ASSIGNMENT PAY
34.1 Employees shall be required to perform work in a different classification
upon notice from their supervisor.
34.2 Out of Class Assignments to positions in a higher pay grade and with a
duration of more than twenty-four (24) consecutive work hours will be
documented on an Employee Activity Report(EAR).
34.3 Employees working in an Out of Class Assignment,pursuant to Section 34.2,
will receive a five percent (5%) increase to their hourly rate of pay or the
minimum hourly rate of the assigned classification's pay grade,whichever is
greater,until the assignment is concluded.
34.4 Upon release from an Out of Class Assignment, the five percent (5%)
increase to the employee's hourly rate of pay or the minimum hourly rate of
the assigned classification's pay grade will terminate.
34.5 For training purposes, employees are required, upon written notice from
their supervisor, to perform work functions that may be included in a Job
Classification in a higher pay grade. An employee who is assigned pursuant
to this Section is not entitled to Out of Class Pay.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 35
35.0 TRAINING ASSIGNMENT PAY
35.1 Employees shall be required to train other employees upon notice from their
supervisor.
35.2 Training Assignments, with a duration of more than twenty-four (24)
consecutive work hours, will be documented on an Employee Activity
Report(EAR).
35.3 Employees who have been assigned to train other employees, pursuant to
Section 35.2,will receive a five percent (5%) increase to their hourly rate of
pay until the assignment is concluded.
35.4 Upon release from a Training Assignment, the five percent (5%) increase to
the employee's hourly rate of pay will terminate.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 36
36.0 VACATION
36.1 Accrual:
Employees accrue vacation hours each pay period when they are in an active
and paid status of twenty-four (24) or more hours. The chart below shows
the maximum annual accrual of vacation hours based on years of service:
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
36.1.1 An employee may accrue vacation hours up to the Allowable
Maximum: the total vacation hours (s)he accrued in his/her two (2)
most recent years of employment. During the fiscal year, vacation
hours may accrue beyond the Allowable Maximum; however, any
accrued and unused vacation hours exceeding the Allowable
Maximum on September 30th of each year will be forfeited.
36.1.2 An employee who has had documented vacation leave request(s)
denied during the fiscal year due to operational requirements and
will exceed the Allowable Maximum on September 30th, may request
to receive payment for the excess vacation hours (up to the number
of vacation hours that were denied).
36.1.2.1 In order to receive the payment in Section 36.2.1, the
employee must notify his/her supervisor no later
than August 1st of the current fiscal year, so the
supervisor can have the denied leave requests and an
EAR submitted to Finance no later than September 1st
of the current fiscal year. Payment will be made on
the last paycheck date of the fiscal year.
36.2 Requests:
Vacation may be requested as earned, in thirty (30) minute increments,
subject to the approval of the Department Director (or Designee) who shall
approve or deny vacations based on operating requirements of the
Department. Approval of vacation leave requests must not be unreasonably
withheld.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
36.2.1 Requests to use vacation for three (3) consecutive shifts or less must
be submitted for approval twenty-four (24) hours in advance.
Supervisors must approve or deny the request prior to the end of the
work shift on the work day preceding the first requested date.
36.2.2 Requests to use vacation for more than three (3) consecutive shifts
must be submitted for approval seventy-two (72) hours in advance.
Supervisors must approve or deny the request forty-eight(48) hours
prior to the end of the work shift of the first requested date.
Advanced vacation requests must be approved or denied within
thirty(30) days of the date of the request.
36.3 An employee who is absent without approval shall be docked pay for the
time not worked and is subject to disciplinary action.
36.4 Emergency Vacation:
During the fiscal year, an employee may be granted the use of up to twenty-
four(24) hours of vacation for absences from work when a vacation request
cannot be timely made pursuant to Section 36.2.1 or Section 36.2.2. An
Employee must notify his/her supervisor of the need for this absence,
pursuant to applicable Departmental call-in procedures, with at least thirty
(30) minutes prior the start time of his/her shift. If an employee is already
at work and the employee is notified of an emergency, (s)he may use
Emergency Vacation upon notice to, and approval from, his/her supervisor.
Emergency vacation can be requested no more than four(4) times per fiscal
year. Time used in this regard may be used in increments of one (1) hour.
36.4.1 Task employees who are required to work on a City-observed
holiday are prohibited from using Emergency Vacation on that City-
observed holiday.
36.6 Emergency Cash Out:
36.6.1 Employees faced with sudden and 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 of Vacation to cash
(less applicable deductions) provided they will have remaining in
their Vacation bank after the cash out a minimum of forty(40) hours.
Conversions must be done in increments of eight(8) hours.
36.6.2 An employee who does not have enough accrued vacation hours to
finance the total amount of his/her emergency cash out request may
consider also using accrued sick leave hours. Sick leave hours used
for a cash out will be calculated at fifty percent (50%) of the
employee's hourly rate. Accrued sick leave hours may only be used if
the employee will have remaining in his/her Sick bank after the cash
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
out eighty (80) hours. The total combination of vacation and sick
hours may not exceed eighty (80) hours and vacation hours must
always be used before sick hours.
36.6.3 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 Director of Human Resources and Risk Management will then
review the request and approve, deny, or modify the requested
hours as they see fit. Employees may utilize this provision once
during each fiscal year of this Agreement. Upon request,employees
are required to provide a receipt as proof of payment for any
estimate provided as documentation of an expense.
36.6.3.1 The committee reserves the right to review and consider
requests that are not specifically addressed in the IRS
regulations governing 401(k) plans.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 37
37.0 SICK LEAVE
37.1 Accrual:
Employees shall accrue sick leave at a rate of eight(8) hours per month for a
total annualized accrual amount of ninety-six (96) hours. No employee shall
be entitled to use sick leave in excess of the amount of accrued and unused
hours (s)he has available.
37.2 Notice of Use of Sick Hours:
37.2.1 Unscheduled Sick: An employee shall notify his/her immediate
supervisor or designee, in a manner provided for by management, of
his/her illness not less than thirty (30) minutes before the start of
his/her scheduled shift. 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 report to work unless the employee has been
authorized by Human Resources and the City Manager for an
extended leave of absence.
37.2.2 Scheduled Sick: An employee may request with a minimum of forty-
eight (48) hours of advanced notice to use scheduled sick hours for
medical, dental, optical, appointments and/or procedures.
Documentation to support payment under the "scheduled sick" pay
code must be provided with payroll. Unsubstantiated use of such
time will result in the time being recoded to"sick."
37.3 Documentation Required:
For any use of sick time in excess of three (3) consecutive work days, an
employee is required to provide written medical certification to the Human
Resources and Risk Management Department upon return to work.
37.3.1 "Consecutive work days" means any day for which you were
scheduled to work,including additional or"overtime"shifts.
37.3 Sick hours may be requested and/or utilized upon approval of the
Department Director(or 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.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
D. In connection with an employee's Workers' Compensation case,
where (s)he has declined a light duty assignment or where no
such assignment is available..
E. In connection with an approved Family and Medical Leave Act
(FMLA) leave for a serious medical condition of the employee, or
the employee's immediate family member,as defined in (FMLA).
37.4 An employee retains his/her accrued and unused sick hours while employed
in a full time position with the City. If an employee's status converts to a
part-time position, whether voluntarily or involuntarily, (s)he will have
his/her accrued and unused sick leave paid out pursuant to Section 37.5.3.
37.5 Payout of Sick Leave
37.5.1 Newly hired probationary employees are not eligible for sick leave
payout.
37.5.2 Employees who are terminated from the City are not eligible for a
payout of sick leave.
37.5.3 Regular employees will have payment made for their accrued and
unused sick hours, at the percentage specified in the table below,
upon resignation, retirement, change in status from full time to part-
time, or death. (Retirement shall 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%
37.6 Sick Leave Donations:
37.8.1 Sick Leave Donations are available pursuant to City policy.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ARTICLE 38
38.0 COMPASSIONATE LEAVE
38.1 In the event of the death of a non-probationary employee's mother, father,
child, foster parent, step-parent, foster child, step-child, brother, sister,
spouse, registered domestic partner, son-in-law, daughter-in-law,
grandparent,grandchild,mother-in-law,or father-in-law,the employee shall
be entitled to paid compassionate leave not to exceed three (3) consecutive
work days. 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 be paid compassionate leave not to exceed five (5) consecutive
work days.
38.1.1 For purposes of this section, "non-probationary" means any
Bargaining Unit member who has successfully completed his/her
initial probationary period as defined in Article 20: Sections 20.1 and
20.1.2.
38.2 Employees must submit proof of death within thirty(30) days in order to be
eligible for paid Compassionate Leave. The City Manager may grant
additional Compassionate Leave at his/her sole discretion.
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ARTICLE 39
39.0 JURY DUTY
39.1 Leave with pay may be authorized for an employee who is required to
attend Jury Duty or to whom a subpoena has been issued by a court of law to
appear as a witness on a case on behalf of the City, provided the employee
provided proper notice as outlined in Section 39.2.
39.2 An employee is required to provide five (5) days of advance notice to
his/her supervisor 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.
39.3 In order for employee to receive his/her regular pay for such leave the
employee must deposit the money which (s)he receives for jury duty or
witness fee,with the City's 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.
39.4 An employee who is subpoenaed as witness in a case unrelated to City
business may request vacation leave in order to receive pay.
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ARTICLE 40
40.0 UNAUTHORIZED ABSENCE
40.1 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 subject to any appeal,grievance, or
arbitration process.
40.2 However, a Bargaining Unit member who is absent from work without
authorized leave for a period of more than three (3) days but not more than
thirty(30) days,and who, due to a serious medical condition,was physically
unable to notify his/her employer or have another person notify his/her
employer may request consideration for rehire from the City Manager via
written notice to the Director of Human Resources and Risk Management.
Under these circumstances, the Director of Human Resources and Risk
Management must be provided with sufficient details and circumstances
surrounding the absence within thirty-one (31) days of the first date of
absence. The City Manager's determination shall be final and not subject to
further review,appeal,grievance,or arbitration process.
40.2.1 Nothing within this Section shall prevent the City from filling the
vacancy on or after the fourth (4th) day of the employee's absence.
The City is under no obligation to return the employee to work.
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ARTICLE 41
41.0 LEAVES OF ABSENCE
41.1 Family and Medical Leave Act(FMLA):
An employee who has worked for the City for at least twelve (12) months
and who has worked at least one thousand two hundred fifty (1,250) hours
in the preceding twelve (12) months is eligible to request job-protected
leave under FMLA for qualified reasons as defined by the law.
Requests for leave under FMLA must be submitted in writing on the
designated form to the Human Resources and Risk Management
Department. Leaves under FMLA are approved by the Director of Human
Resources and Risk Management and the City Manager. Human Resources
may designate as FMLA an eligible employee's qualified leave, including lost
time due to a Workers'Compensation claim.
For more information regarding leave under FMLA, contact the Human
Resources and Risk Management Department.
41.2 Americans with Disabilities Act Amendments Act(ADAAA):
An employee may be entitled to leave as an accommodation for his/her
disability under the ADAAA.
For more information regarding a leave accommodation under ADAAA,
contact the Human Resources and Risk Management Department.
41.3 Military Leave:
The City complies with Military Leave pursuant to the Uniformed Services
Employment and Reemployment Rights Act (USERRA) and Florida Statute
115.07.
An employee must immediately notify the Human Resources and Risk
Management Department upon notice of his/her need for Military Leave.
For more information regarding Military Leave, contact the Human
Resources and Risk Management Department.
41.4 Leave of Absence (Other).:
An employee who is not eligible for leave under FMLA, ADAAA, or Military
Leave may request a Leave of Absence for up to ninety(90) days.
A request for a Leave of Absence must be submitted in writing to the City
Manager via the Director of Human Resources and Risk Management. The
City Manager, in consultation with the Director of Human Resources and
Risk Management and the employee's Department Director,will consider an
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employee's request for a Leave of Absence on a case-by-case basis with the
operational needs of the City being a primary factor in whether or not the
leave may be granted. An employee who is on an approved Leave of
Absence is subject to being recalled to service upon notice of the City
Manager (or Designee). The City Manager's determination is final and is not
subject to further review,appeal,grievance,or arbitration process.
Any approved Leave of Absence will require an employee to utilize his/her
paid leave time in the following order: compensatory time, vacation, and
sick. Once the employee has exhausted all available accrued time, the
remainder of the Leave of Absence will be without pay. An employee will
not accrue vacation or sick hours while on a Leave of Absence. The
employee is responsible for the full cost of insurance premiums for work
weeks in which (s)he is in an unpaid status of less than twenty-four (24)
hours.
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ARTICLE 42
42.0 MODIFIED WORK(LIGHT DUTY)
42.1 Modified Work Assignments (Workers'Compensation):
An employee who has been released to work with restrictions may be
accommodated with a modified work (light duty) assignment at the sole
discretion of the Human Resources and Risk Management Department. An
employee may choose to accept or decline the modified work assignment. If
an employee declines an offer of a modified work assignment, the employee
will be required to remain at home until released to full duty with no
restrictions, and during this time, (s)he will be required to use accrued and
available leave time in the following order: sick and vacation. Additionally,
an employee who declines an offer of a modified work assignment and who
meets the eligibility requirements for leave under FMLA, will have his/her
time off automatically designated as FMLA.
For more information regarding modified work as it pertains to Workers'
Compensation, contact the Human Resources and Risk Management
Department.
42.2 Modified Work Assignments (Other):
The City complies with the Americans with Disabilities Act Amendments Act
(ADAAA) to provide reasonable accommodations to employees who request
them and are qualified. An employee may request an accommodation
and/or more information by contacting the Human Resources and Risk
Management Department.
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ARTICLE 43
43.0 WORKERS'COMPENSATION
The City is self-insured for Workers' Compensation. The City's Human Resources
and Risk Management Department coordinates claims management for work-
related injuries and illnesses. For information and policies regarding Workers'
Compensation,contact the Human Resources and Risk Management Department.
43.1 Reporting Work-Related Injuries/Illnesses:
An employee who sustains a work-related injury or illness is required to
immediately notify his/her supervisor and/or the Human Resources and
Risk Management Department. Notification to the Human Resources and
Risk Management Department can be made 24/7 by calling: (561) 742-6677
or via e-mail to: risk@bbfl.us. An employee who fails to promptly notify
his/her supervisor or the Human Resources and Risk Management
Department is subject to disciplinary action including termination of
employment.
43.2 FMLA in Conjunction with Workers'Compensation:
Human Resources may designate as FMLA an eligible employee's lost time
due to a Workers' Compensation claim.
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ARTICLE 44
44.0 SAFETY AND HEALTH
The City and the Union agree that a safe and healthy workplace is mutually desirable. The
City commits to maintaining a safe and healthy workplace for its employees.
44.1 Immunizations:
Employees may request,and the City will provide at an authorized facility at
no cost to the employee, immunization shots for tetanus, hepatitis, and
diphtheria.
44.2 Safety Committee:
The Safety Committee will include one (1) Blue Collar representative and
one (1)White Collar representative who is designated by the Union.
44.3 Incident Review Board (IRB):
The Incident Review Board will include one (1) Blue Collar representative
and one (1)White Collar representative who is designated by the Union.
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ARTICLE 45
45.0 DRUG FREE WORKPLACE POLICY
45.1 The Union recognizes and supports the City's Drug Free Workplace Policy,as
amended from time to time. For information regarding the City's Drug Free
Workplace Policy, contact the Human Resources and Risk Management
Department. A copy of the City's Drug Free Workplace Policy in effect at the
time of ratification is attached in ADDENDUM"E."
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ARTICLE 46
46.0 UNIFORMS AND ALLOWANCES
46.1 UNIFORMS:
46.1.1 Applicability:
Employees are required to adhere to the City's Dress Code while
working and/or while representing the City in an official capacity.
Some employees, while working, are required to wear uniforms
designated by their respective Department Directors.
c. Department/Division uniform allocation information is
available in ADDENDUM"F."
d. If no Department/Division information is specified for
employees who are required to wear uniforms,the following
minimum allocation will be issued:
i. Blue Collar:
• (5) "Green"Shirts (short or long sleeved)
• (5) "Green" Pants or shorts
• (5)T-Shirts
• (2) Hats
• (1) Sweatshirt
• (1)Jacket
• (2) Overalls (Mechanics Only)
ii. White Collar:
• (5) Shirts
• (3) Pants
• (1) Hat(field/non-office employees)
• (1)Jacket(field/non-office employees)
46.1.2 Issuance:
Newly hired employees,who are required to wear a uniform,will be
issued the appropriate uniforms after thirty (30) days of
employment. Newly hired employees working in the Police
Department's Communications Center will be issued the appropriate
uniforms after one hundred twenty(120) days of employment.
46.1.3 Reissuance/Replacement:
An employee may request for his/her uniform to be reissued upon
providing the non-fitting,worn out, and/or damaged uniform to the
Department representative. Reissuance of daily worn uniform items
(excluding sweatshirts/jackets) is generally acceptable after one (1)
year from date of issue. Reissuance of less frequently worn/more
durable uniform items such as sweatshirts and jackets is generally
acceptable after two (2)years from date of issue. Uniforms damaged
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through the course of work may be requested for reissue at any time.
The Department representative will verify that the uniform is no
longer suitable for wear and will proceed with replacing it. If there
is any disagreement between the employee and the Department
representative regarding the reissuance of a uniform, the
Department Director (or Designee)will make a final determination.
a. An employee who has lost or damaged (outside of work) a
uniform is required to immediately notify his/her
Department Director via his/her Department representative
and is responsible for replacing the lost uniform at his/her
expense.
46.1.4 Cost:
The City provides the required uniform at no charge to the
employee; however, the Internal Revenue Service (IRS) considers
uniforms provided to employees covered under this Agreement a
"taxable benefit." Therefore,the City is required to treat the value of
all issued uniforms as "imputed income" and deduct the applicable
taxes.
Example: If a uniform costs$20.00:
$20.00 will be added in a special wages code so that
the payroll system can calculate the corresponding
tax amount and deduct that amount from the
employee's paycheck.
46.1.5 Other Provisions:
a. Employees who are issued uniforms must wear them while
working. Employees are provided with a sufficient number
of uniforms to make a neat and clean appearance at work
each day. Employees are expected to report to work in the
appropriate, clean, and well-maintained uniform. If an
employee wishes to purchase additional uniforms, (s)he may
do so, but (s)he is responsible for paying the full cost and all
applicable tax.
b. An employee, who is not wearing the proper uniform,
including the proper safety shoes, if applicable, may be sent
home without pay to change and is subject to further
disciplinary action.
c. Only City issued jackets and hats may be worn as part of a
City uniform.
d. Pant legs must be properly hemmed; no cutting, ripping,
unfinished edges,rolling up,stapling,or taping is allowed.
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e. Employees in certain Job Classifications may be permitted to
wear shorts at their Department Director'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.
f. Any article of clothing issued as part of a City uniform is for
use only while working and representing the City in an
official capacity. Uniforms may be worn while commuting to
and from work.
g. Employees are prohibited from purchasing or consuming
alcohol while wearing a City-issued uniform.
h. Employees are cautioned that they are representing the City
while wearing their City uniform. An employee found to be
engaging in activity or conduct unbecoming of a City
employee while wearing a City uniform, whether the
employee was on-duty or off duty at the time, is subject to
discipline,including termination of employment.
i. An employee who has a medical condition which prevents
the employee from wearing the required uniform must
immediately notify the Human Resources and Risk
Management Department to request an accommodation.
j. Employees are required to return all City-issued uniforms
upon separation of employment.
46.2 ALLOWANCES:
46.2.1 Tool Allowance:
Employees who work in the following Job Classifications: Fleet
Mechanic and Fleet Mechanic, Sr. will receive an annualized
allowance of one thousand dollars ($1,000.00) payable in the second
paycheck following ratification for Year One and in the second
paycheck in October for the subsequent years of this Agreement.
Employees who are newly hired into one of these Job Classifications
will receive a prorated allowance based on the number of months
remaining in the fiscal year.
46.2.2 Shoe Allowance:
a. Eligibility
Blue Collar: All employees who are in the Blue Collar bargaining
unit, with the exception of the following Job Classifications:
Ocean Lifeguard and Ocean Lifeguard Lieutenant are eligible for
a Shoe Allowance.
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White Collar: Only employees who are in the following Job
Classifications in the White Collar bargaining unit are eligible for
a Shoe Allowance:
• Business Compliance Officer
• Inspector/Plans Examiner I -IV
• Laboratory Technician
• Laboratory Technician,Sr.
• Service Writer
• Utilities Field Inspector
b. Allowance
Employees who are in eligible positions pursuant to Section
46.2.2.a. will receive an annualized Shoe Allowance of one
hundred forty-seven dollars and fifty cents ($147.50) payable on
the second paycheck in February of each year of this Agreement.
Employees who are newly hired after the Shoe Allowance has
been paid will receive the current year's allowance pro-rated
based on the number of months remaining in the fiscal year.
46.2.3 Sunglasses Allowance:
Employees who work in the following Job Classifications: Ocean
Lifeguard and Ocean Lifeguard Lieutenant will receive a Sunglasses
Allowance of one hundred forty-seven dollars and fifty cents
($147.50) payable by the first paycheck in December each year of
this Agreement.
46.2.4 Car Allowance:
Bargaining Unit members in the Development Department who are
regularly required to drive a City vehicle to conduct business will be
assigned a City vehicle by the Department Director (or Designee). In
lieu of providing a City vehicle to such an employee,the Department
Director may authorize a monthly car allowance in the amount of
three hundred dollars ($300.00) when the Department Director
deems it is more efficient for an employee to utilize his/her personal
vehicle for City business.
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ARTICLE 47
47.0 TUITION ASSISTANCE PROGRAM
The City has a Tuition Assistance Reimbursement Program,which is made available
to eligible City employees on a first come first serve basis, and is subject to annual
appropriation and funding levels set by the City Commission.
Program information is available from the Human Resources and Risk Management
Department.
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ARTICLE 48
48.0 BONUS HOURS AND BONUS INCREASES
48.1 BONUS HOURS
48.1.1 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.
48.1.2 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.
48.1.3 Bonus hours shall be counted as vacation leave and subject to the
provision set forth for use of vacation.
48.2 BONUS INCREASES
48.2.1 In addition to any other monetary benefit, the City Manager is
authorized to approve a bonus of up to five hundred dollars
($500.00) when such a bonus is substantiated and justified in
writing by the Department Director (or Designee). This bonus will
not affect the employee's pay grade and will be in compliance with
Florida Statute. 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 Director
concurs.
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ARTICLE 49
49.0 ARTICLES TO BE REOPENED DURING AGREEMENT TERM
The following Articles will be reopened during the Agreement Term as follows:
49.1 Article 25 -Group Insurance
a. Year Two (October 1, 2018-September 30, 2019):
This Article will be reopened no later than July 1, 2018.
b. Year Three (October 1, 2019-September 30,2020):
This Article will be reopened no later than July 1, 2019.
49.2 Article 26 - Pension
The Union agrees to reopen this Article upon request from the City at any
time during this Agreement.
49.3 Article 27.4 - Task Assignment (Solid Waste) and Article 29.3 - Task
Assignment(Solid Waste) Holidays
a. Year Two (October 1,2018-September 30,2019):
These Articles will be reopened no later than July 1,2018.
49.4 Article 30 -Wages
a. Year Two (October 1, 2018-September 30,2019):
This Article will be reopened no later than July 1, 2018.
b. Year Three (October 1,2019 -September 30, 2020):
This Article will be reopened no later than July 1, 2019.
49.5 Article 48.1 - Bonus Hours
a. Year Two (October 1, 2018-September 30, 2019):
This Article will be reopened no later than July 1,2018.
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ARTICLE 50
50.0 DURATION
50.1 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, 2020. Wage and benefit levels existing on
September 30, 2020, shall be frozen as of that date and shall constitute the
status quo during any period of negotiations for a successor Agreement.
50.2 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.
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ADDENDUM"A"
SHIFT BIDDING
Police Department
All SEIU Bargaining Unit Members within the Police Department will have an opportunity
for shift bidding every six(6) months:
• Shift bidding forms distributed in October/November for December 1st effective
date
• Shift bidding forms distributed in April/May for June 1st effective date
Shift bidding is based on seniority within the division of the Police Department.
Shifts will be determined based on the operational needs of the division. Management may
designate the number of Class "A" employees [those with five (5) or more years of
experience] and the number of Class "B" employees [those with less than five (5) years of
experience] required to work on each shift.
Additional Shift Bidding Protocol for Communications Dispatchers and Communications
Specialists:
• Communications Dispatchers and Communications Specialists will have a first (1st)
through fourth (4th) choice rank to pick from the four available shifts. Failure to
pick a shift by the due date will result in Management assigning the shift after all
other timely shift bidding requests are considered.
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ADDENDUM"B"
OVERTIME ROTATION
Police Department
Police Records Division: "The Wheel"
(1) An employee is eligible to accept an additional ("overtime") shift if the employee
will not exceed working more than sixteen (16) hours in a twenty-four (24) hour
period. Additionally,an employee must also be in a non-trainee status in order to be
eligible.
(2) The Supervisor (or the off-going designated employee for 24 hour operations) is
responsible for scheduling hours as a result of a call out.
(3) The eligible off-going employees have the first opportunity to accept shift vacancy
hours. This first opportunity is offered to off-going employees based on seniority:
the employee's length of continuous service with the City, and it is not subject to
"the wheel." Additionally,employee(s)who accept any shift vacancy hours based on
this off-going opportunity do not have their place on "the wheel" impacted in any
way.
(4) The eligible incoming employees have the second opportunity to accept shift
vacancy hours. This second opportunity is offered to incoming employees based on
seniority: the employee's length of continuous service with the City, and it is not
subject to "the wheel." Additionally, employee(s) who accept any shift vacancy
hours based on this incoming opportunity do not have their place on "the wheel"
impacted in any way.
(5) If no eligible off-going or incoming employees accept the remaining shift vacancy
hours,then the remaining hours are subject to"the wheel."
(6) The next person on the "wheel," if eligible, will be called and will have the
opportunity to accept the shift hours or to pass. If an employee on the rotation is
ineligible, (s)he will be marked "N/A" and the next employee in "wheel" order will
be contacted. This process is followed until shift vacancy hours are filled.
(7) An eligible employee who accepts the vacant shift hours is solely responsible for all
of the shift hours (s)he accepted. The employee accepting responsibility for the shift
hours may choose to defer hours to another employee based upon mutual
agreement. It is understood that the employee who originally accepted the shift
hours is ultimately responsible for those hours should the person to whom the
hours were deferred fails to work them.
(8) An employee who accepts the "deferred" shift hours through a mutual agreement
does not lose his/her place on"the wheel."
(9) In the event that no employees volunteer for the available shift hours, the
Supervisor will be notified and will conduct an "order in" (mandated overtime)
based on reverse seniority.
(10) Management reserves the right to determine the length of a shift vacancy.
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Police Communications Division:
Shifts that remain or become available after shift bidding are put on a Monthly Overtime
List. This list is generally distributed during the second week of the month for shifts
effective the following month.
Communications Dispatchers/Specialists select available shifts by seniority on a rotating
basis during two rotations.
• During the first rotation, Dispatchers/Specialists must select a minimum of twelve
(12)hours and may select additional shift hours.
• If hours remain available, the list will be circulated for a second rotation during
which Dispatchers/Specialists may select additional shift hours.
• If hours remain available following the second rotation of the list, the hours
remaining on the list may be open to Communications Supervisors or other
qualified Police personnel. Remaining hours may also result in Mandatory Call Back.
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ADDENDUM"C"
STANDBY PAY
Police Department(White Collar)
White Collar bargaining unit members of the Police Department are required to provide at
least one personal phone numbers where they can be reached to receive calls for service.
Utilities (Blue Collar)
Blue collar receives one (1) hour per day of pay at their base hourly rate of pay for the seven
(7) days when they are on call.
Fire Department(White Collar)
Fire and Life Safety Division
FLS 1.14 On-Call (current information at time of ratification)
Fire and Life Safety fire investigator personnel will be on-call for a one-week period starting
7:30 a.m. Monday morning and ending at 7:30 a.m.the following Monday. The one (1)week
on-call assignments will be on a rotating basis based upon the number of personnel in
rotation. When a new staff member is added into the rotation (s)he will be inserted after
the last person was added into the rotation.
The on-call Fire and Life Safety representative will be paid one (1) hour at one and one half
times his/her base hourly rate for each day (s)he is on-call. Additionally, (s)he will be
compensated for Call Back Pay pursuant to Article 31.2.1 and 31.2.2 of the respective
Collective Bargaining Agreement.
The on-call Fire and Life Safety representative shall be available by the City issued mobile
phone at all times during his/her on-call assignment. An alternate phone number must also
be provided for each on-call Fire and Life Safety representative.
The first call will be made to the on-call Fire and Life Safety representative's City issued
mobile phone. If the on-call Fire and Life Safety representative does not answer then a
second call will be made to the alternate number the on-call Fire and Life Safety
representative provided. The on-call Fire and Life Safety representative shall respond by
returning the call to dispatch or operations immediately [within three (3) minutes] if a call
is "missed." If dispatch or operations is unable to contact, or has no response from, the on-
call Fire and Life Safety representative, then the next Fire and Life Safety representative in
the rotation will be called.
Failure to be available to respond or failure to immediately respond to any "missed" call
requires an explanation to the Fire Marshal and may subject the on-call Fire and Life Safety
representative to discipline.
Exchange of standby/on-call duty with another qualified Fire and Life Safety representative
requires completion and submission of the appropriate forms as well as documented
approval from the Fire Marshal.
**See Sick Leave (FLS 1.05)and Vacation Leave and Other Time Off(FLS 1.07) policies as
reference for situations with any time off during on-call status.
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**Reference: FLS 1.05 Sick Leave
Any employee that calls out sick during normal work hours while designated as the
on-call Fire and Life Safety Investigator representative will forgo their on-call status,
including all monies due,for the full twenty-four (24) hour shift until they return to
full duty. The forfeited shift(s) will be covered by the next Fire and Life Safety
Investigator representative per the On Call Calendar. The covering investigator will
receive the on-call pay for the shift(s) (s)he covered.
**Reference: FLS 1.07 Vacation Leave and Other Time Off
Any employee that requests vacation time or any other time off while designated as
the on-call Fire and Life Safety Investigator representative will be required to forgo
their on-call status, and the vacation time will not be approved until his/her shift
has been covered, and this may also include forfeiting all monies due for the full
twenty-four (24) hour shift until they return to duty. The covering investigator will
receive the on-call pay for the shift(s) (s)he covered.
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ADDENDUM"D"
CALL BACK
CALL BACK PAY
A White Collar Bargaining Unit employee who is a member of the Police Department is
eligible for Call Back Pay when (s)he is called back to work when (s)he is off duty or when
the work time is not contiguous with his/her assigned shift. In the event of a Call Back, an
employee will be compensated for his/her actual time worked, but not less than three (3)
hours, at the rate of one and one half (1.5) times his/her hourly base rate of pay. No
concurrent pay for Call Back Pay and Regular Hours pay is permitted.
CALL BACK-Communications Center
All Communications Center White Collar bargaining unit members that are not working in a
probationary status are subject to Call Back. Call Back is defined as any time an employee
within the Communications Division of the Police Department is called into work when
(s)he is off duty or when the work time is not contiguous with his/her assigned shift.
During "critical staffing situations," defined as times when there are less than three (3)
Communications Dispatchers/Specialists available and scheduled (not including the
supervisor on duty) and after shifts have been posted and offered to all qualified police
dispatchers,Mandatory Call Back goes into effect.
Mandatory Call Back commences with the Communications Dispatcher/Specialist with the
least seniority on a rotating basis until the shift reaches minimum staffing of three (3)
Communications Dispatchers/Specialists. "Rotating basis" means that once a
Dispatcher/Specialist has been mandated, (s)he cannot be mandated again until each
qualified and available Dispatcher/Specialist has been mandated.
Mandatory Call Back is a twelve (12) hour shift but can be broken into as few as four (4)
hour increments to help cover the shift appropriately.
Example: A vacant shift of Mandatory Call Back hours from 0600-1800 exists.
(a) The shift can be broken down to have one Dispatcher/Specialist
work from 0600-1200 and a second Dispatcher/Specialist work from 1200-
1800.
-OR-
(b) A Dispatcher/Specialist that is already on duty with the least
seniority can be mandated to work an additional four(4) hours and a second
Dispatcher/Specialist can then be mandated to work the remaining eight (8)
hour slot.
-OR-
(c) A Dispatcher/Specialist that is already on duty with the least
seniority can be mandated to work an additional four (4) hours, and the
second Dispatcher/Specialist can be mandated to work the middle four (4)
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hour slot, and a third Dispatcher/Specialist can be mandated to work the
last four(4) hour slot.
When implementing Mandatory Call Back, the Supervisor (or designee) must contact the
employee either in person or by phone by invoking the Mandatory Call Back (actually
talking to the employee) or by invoking the Mandatory Call Back by leaving a message for
the employee to phone back the Police Communications Center within sixty(60) minutes.
If a Dispatcher/Specialist is mandated for Call Back and finds another Dispatcher/Specialist
to work as a replacement for him/her, the originally mandated Dispatcher/Specialist is
credited for the Mandatory Call Back,not the replacement Dispatcher/Specialist.
Utilities (Blue Collar) CALL BACK
See Memo 2016-12-07 (current information at time of ratification)
Calls from customers who require utility assistance come in to dispatch at all hours. The
time of these calls is recorded by our front desk operator (from 8:00 a.m.to 5:00 p.m.) or by
our after-hours operator(at ext.#6430) on the customer assistance request form.
• The front desk operator or after hours dispatch have been instructed to relay the
message as soon as it is taken (regardless of the time of day) to the appropriate
division supervisor or on-call lead personnel.
• The operator or dispatch will record the time when they placed the call to the lead
on call personnel or supervisor.
• This will be the time that will determine if the call warrants Call Back pay as
outlined in Section 31.2.1 or Section 31.2.2 of the Collective Bargaining Agreement.
The schedule of on-call personnel will be updated every 4 months in the third month of the
rotation. Each on-call personnel on the list will receive a copy of the schedule.
• Each week there will be a different staff member assigned to the lead role for each
functional area as personnel limitations allow.
• If on-call staff is limited,personnel maybe assigned to be on-call for multiple weeks.
• The on-call personnel will be selected based on their capabilities, availability and
reliability. The intent is to allow new staff members to rotate into on-call positions
to expand the number of staff capable of providing on-call services.
• The customer assistance call out, during working hours, will be placed by the
operator to the functional area supervisor or his/her designee.
• The afterhours call out will be placed from dispatch to the lead on-call staff in
charge of the effected functional area (i.e. for sewer blockage the sewer lead will be
called out).
• If a call comes in within thirty (30) minutes following the end of his/her shift or
within thirty (30) minutes prior to the beginning of his/her shift, it is up to the
supervisor to determine if the assignment should be given to the lead person
scheduled to be on-call that week. In this case, it will be considered continuation of
work,not Call Back,and the employee will be compensated accordingly.
• Under normal circumstances, the lead person should respond alone to initially
assess the nature of the problem. If the call comes in after dark and the issue is
located in an unsafe area, it is up to the lead person to request a second qualified
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person to come along as back up. In this case, no more than two (2) staff members
should be first to respond to a call.
All on-call staff will be assigned a vehicle to take home while in an on-call status. Each
vehicle is to be equipped with an operational Automatic Vehicle Locator(AVL) system. This
system will assist with documentation as to the call responsiveness and for calculating on-
call staff compensation.
• The lead on-call staff member that is called out will arrive at the customer or issue
location no later than thirty (30) minutes after dispatch calls out the lead staff
person.
• The lead person, upon arrival at the customer's location, shall be able to identify
whether it is a customer or City issue.
• (S)he should be able to evaluate the extent of the City issue and what equipment,
materials and personnel is required to resolve the issue. [If a lead staff member
cannot be reached, cannot make it to the site within thirty (30) minutes, or cannot
determine the nature of the problem (s)he may be asked to leave the on-call
rotation.]
• The lead on-call staff, if having difficulty, should contact his/her supervisor with
questions on how to address the problem.
• If it is determined, after consultation with the lead person's supervisor, that the
repair can be delayed until daylight hours, staff may leave the site after the site is
secured and safe. In such cases, when staff returns to complete the job in daylight
hours, it shall be considered a continuation of work and will not be compensated as
an additional Call Back.
It is the responsibility of the lead On-call staff to complete a "Report of Overtime or Call
Back Work Form"documenting the following:
• The nature of the work(what was done),
• The names (and hours on site) of each personnel assisting with the call including
what activities they performed,and
• A listing of equipment (including vehicle numbers), materials, and supplies used to
complete the call.
The Report of Overtime or Call Back Work Form must be approved and signed by
supervisor of the division/functional area that the lead on call staff is serving. In order to
properly record payroll, the lead On-Call staff person must attach the call out form
(obtained from dispatch) and the AVL report for each vehicle used to respond to the call.
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ADDENDUM"E"
DRUG FREE WORKPLACE POLICY
1.1 PURPOSE
The City of Boynton Beach is committed to providing a safe work environment for its
employees and our community. Drug and alcohol abuse is national problem that is
prevalent in society and impairs the health and safety of employees, promotes crime and
harms our local community. Moreover, the illegal possession, use, sale, and distribution of
controlled drugs are criminal acts that directly threaten the integrity of all employees in the
City. The City is addressing this problem through its DRUG FREE WORKPLACE Program.
Substance abuse is a complex, yet treatable disease. The ultimate goal of this policy is to
balance our respect for individual privacy with our need to keep a safe and productive drug
and alcohol free environment. We encourage those who use drugs or abuse alcohol to seek
help in overcoming their problem. The City considers substance abuse to be an unsafe and
counterproductive work practice.
1.2 SCOPE
This policy applies to all employees of the City of Boynton Beach.
1.3 DEFINITIONS
1. "Chain of Custody" refers to the methodology of tracking specified materials or
substances for the purpose of maintaining control and accountability from initial
collection to the final disposition for all such materials or substances and providing
for accountability at each stage in handling, testing, and strong specimens and
reporting test results
2. "Confirmation Test," "confirmed test" or"confirmed drug test" is a second analytical
procedure used to identify the presence of a specific drug or metabolite in a
specimen, which test procedure used to identify the presence of a specific drug or
metabolite in a specimen, which test must be different in scientific principle from
that of the initial test procedure and must be capable of providing requisite
specificity,sensitivity,and quantitative accuracy.
3. "Drug" means alcohol, including distilled spirits, wine, malt beverages, and
intoxicating liquors; amphetamines; cannabinoids; cocaine; phencyclidine (PCP);
hallucinogens; methaqualone; opiates; barbiturates; benzodiazepines; synthetic
narcotics; designer drugs; or a metabolite of any of the substances listed herein.
Threshold detection levels are established by Florida regulations. Therefore
activities participated in while off duty may result in positive drug tests. For DOT
covered employees, alcohol includes any intoxicating agent in beverage alcohol,
ethyl alcohol, or other low molecular weight alcohols. Consumption of a
preparation including alcohol (beverages or medicines) A list of the most common
medications which may alter or affect a drug test are found in Section 1.5, Letter I of
this policy. Employees and job applicants should review this list prior to submitting
to a drug test.
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4. "Drug test" or "test" means any chemical, biological, or physical instrumental
analysis administered for the purpose of determining the presence or absence of a
drug or its metabolites.
5. "Employee" means an individual who works for salary, wages, or other
remuneration for the City and is covered by the workers compensation act.
6. "Employee Assistance Program" (EAP) is an established program for employee
assessment,counseling,and referral to an alcohol and drug rehabilitation program.
7. "Employer" means an agency within state government that employs individuals for
salary,wages,or other remuneration.
8. "Initial drug test" means a screening procedure of the blood and urine of employees
and job applicants for the presence of alcohol and illegal drugs in accordance with
the Florida Drug Free Workplace Program and appropriate Florida administrative
rules.
9. "Job Applicant" means a person who has applied for a position with the City and has
been offered employment conditioned upon successfully passing a drug test.
10. "Medical Review Officer (MRO)" means a licensed physician with knowledge of
prescription drugs, pharmacology and toxicology of drugs, who may be responsible
for receiving and reviewing all positive confirmed test results and who may be
responsible for contacting all individuals who test positive in a confirmation test to
inquire about possible medications which could have caused a positive result. The
MRO need not be an employee of the City.
11. "Mandatory-testing position/Safety-sensitive position" means with respect to a
public employer, a job assignment that requires the employee to carry a firearm,
work closely with an employee who carries a firearm, perform life-threatening
procedures, work with heavy or dangerous machinery, work as a safety inspector,
work with children, work with detainees in the correctional system, work with
confidential information or documents pertaining to criminal investigations, work
with controlled substances, or a job assignment that requires an employee security
background check, pursuant to F.S. 110.1127, or a job assignment in which a
momentary lapse in attention could result in injury or death to another person.
12. "Prescription or Nonprescription Medication" means a drug or medication obtained
pursuant to a prescription as defined by F.S. 893.02 or a medication that is
authorized pursuant to federal or state law for general distribution and use without
a prescription in the treatment of human diseases,ailments,or injuries.
13. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an
employee is using or has used drugs in violation of the employer's policy drawn
from specific objective and articulable facts and reasonable inferences drawn from
those facts in light of experience. Reasonable suspicion drug testing may not be
required except upon the recommendation of a supervisor who is at least one level
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of supervision higher than the immediate supervisor of the employee in question.
Among other things,such facts and inferences may be based upon:
a. Observable phenomena while at work, such as direct observation of drug
use or of the physical symptoms or manifestations of being under the
influence of a drug.
b. Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance.
c. A report of drug use, provided by a reliable and credible source, which has
been independently corroborated.
d. Evidence that an individual has tampered with a drug test during
employment with the current employer.
e. Information that an employee has caused, or contributed to, an accident
while at work.
f. Evidence that an employee has used, possessed, sold, solicited, or
transferred drugs while working or while on the employer's premises or
while operating the employer's vehicle,machinery,or equipment.
14. "Special-Risk Position" means a position that is required to be filled by a person who
is certified under Chapter 633, Fire Prevention and Control or Chapter 943,
Department of Law enforcement.
15. "Specimen" means a tissue or product of the human body including blood, urine, or
saliva capable of revealing the presence of alcohol and/or illegal drugs or their
metabolites.
16. "Stepping Forward" means that an employee comes forward to the Human
Resources and Risk Management Department and requests assistance for substance
abuse prior to being selected for a random drug test, or prior to being ordered to
submit to a reasonable suspicion drug test, fitness for duty evaluation, or prior to
being involved in an accident or sustaining an injury,which requires drug testing.
1.4 POLICY
A. It is the policy of the City that an employee found with the presence of alcohol,
illegal drugs, or prescription medication in levels exceeding prescribed dosage
in his/her system, in possession of, using, selling, trading or offering for sale
illegal drugs or alcohol during working hours, may be subject to disciplinary
action up to and including termination. A refusal to submit to a drug test is
grounds for immediate termination.
An employee reporting for work visibly impaired and that is unable to properly
perform required duties, will not be allowed to work. The supervisor should
first attempt to seek another supervisor's opinion of the employee's status.
Then the supervisor should consult privately with employee with the
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observation, to rule out any problem(s) that may have been caused by
prescription drugs.
If, in the opinion of both supervisors, the employee is considered impaired, the
employee should be drug tested by an authorized provider and then provided
safe transportation home. An impaired employee must not be allowed to drive
and if necessary can be transported home by a supervisor or another employee.
It is the responsibility of the City's supervisors to counsel with an employee
whenever they see changes in performance that suggest a potential employee
problem. The supervisor may suggest that the employee voluntarily seek help
from the employee assistance program or decide that the severity of the
observed problem is such that a formal referral to the EAP should be made.
B. USE OF PRESCRIPTION MEDICATIONS/DRUGS WHILE ON DUTY
1. Prescription drugs prescribed by the employee's physician, who is licensed
to practice medicine in the United States, may be taken during working
hours in strict accordance with the provisions of the Policy. Employees
should never use intoxicants or drugs that could cause impairment during
work hours. An employee who is using a prescription medication while on
the job shall do so in strict accordance with medical directions.
2. It is the employee's responsibility to notify the prescribing physician of
his/her job requirements/functions to ensure that the physician approves
the use of the prescription medication while the employee is performing
his/her job duties. It is recommended that the employee provide his/her
physician with a copy of the employee's job classification description so the
physician is aware of the physical requirements of the position.
3. It is the responsibility of an employee who is in a "Mandatory-testing
position/Safety-sensitive position" to immediately notify the Director of
Human Resources and Risk Management or designee when (s)he is
prescribed any medication that is considered a controlled substance on
Schedules II, Ill, or IV as defined and amended from time to time in Florida
Statutes 893.03. Failure to disclose this information may result in
disciplinary action up to and including termination of employment. The
Director of Human Resources and Risk Management may require the
employee to provide a note from his/her prescribing physician stating that
the employee is able to perform the functions of his/her position while
taking the medication as prescribed.
4. The employee shall notify the Director of Human Resources and Risk
Management or designee if the use of his/her properly prescribed
medications/drugs (other than those considered a controlled substance on
Schedules II, III, or IV as defined and amended from time to time in Florida
Statutes 893.03)will affect the employee's work performance.
5. If the prescribing physician determines that the employee cannot perform
his/her job duties without impairment while taking the prescribed
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medication, then the employee will be required to use his/her available
leave time and/or FMLA leave, or unpaid leave if his/her leave time banks
are exhausted, until (s)he can return to work. If the employee reports to
work,the City will presume that the employee is not impaired.
6. Abuse of prescription drugs will not be tolerated.
A. Conditions of Pre-Employment
The City will conduct a pre-employment screening examination designed to prevent
hiring individuals who use drugs.
1. To determine the suitability of employees to work for the City the
following pre-employment conditions are established:
a) Job Applicants in mandatory-testing positions, safety-sensitive
positions, and/or special-risk positions will be tested prior to
employment for drug use and alcohol use.
b) Any job applicant,as defined in the above-section,who refuses to
submit to drug and alcohol testing as part of the pre-employment
testing process will be refused employment.
c) Any job applicant who tests positive for drugs or alcohol use will
be refused employment.
d) Confidentiality will be maintained pursuant to this policy.
B. Employee Compliance
It shall be a condition of continued employment for all employees to submit to
drug and alcohol screening under the policy. If there is a conflict between this
policy and the collective bargaining agreement, the collective bargaining
agreement shall control. Refusal to submit to drug testing is grounds for
immediate termination. Refusal to submit to drug testing is not a waiver of the
employee's right to challenge both the order and the test outcome.
C. Employee Assistance Program
The City offers an Employee Assistance Program (EAP) which provides help to
employees and their families who suffer from various difficulties including
alcohol or drug abuse.
In addition to the City's EAP Program,below is a list of local assistance programs
and local drug and alcohol rehabilitation programs:
a) Narcotics Anonymous Help Line : 561-848-6262
b) Drug Abuse Foundation of Palm Beach County: 561-278-0000
c) Palm Beach Al-Anon/Al-a-Teen Information : 561-882-0308
d) Alcoholics Anonymous (Palm Beach County) : 561-655-5700
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e) Comprehensive Alcoholism Rehabilitation Program: 561-844-6400
It is the responsibility of each employee to seek assistance before drugs and
alcohol lead to performance problems.
1. Use of the employee assistance program, on a voluntary basis, will not
affect the determination of appropriate disciplinary action.
2. An employee who is "Stepping Forward" or seeking assistance from the
Employee Assistance Program on a voluntary basis prior to any incident
warranting disciplinary action will not have this action used as the basis
for disciplinary action or in any disciplinary proceeding.
On the other hand, using EAP will not be a defense to the imposition of
disciplinary action where facts providing violation of this policy are
obtained outside of the EAP. Accordingly, the purpose and practices of
this policy and the EAP are not in conflict but are distinctly separate in
their applications.
3. Through the EAP, the City will provide appropriate assessment, referral
to treatment,and treatment of drug and alcohol abuse.
4. Upon successful completion of a drug and/or alcohol treatment program
an employee may be released to resume work but will be subject to drug
testing on a random, periodic basis, at least quarterly, and for at least
two years thereafter as a condition of continued employment. These
stipulations may be incorporated in a Last Chance Agreement.
5. An individual's participation in the program will not be made part of any
personnel records and will remain confidential to the extent necessary
to comply with this policy. Medical and insurance records, if any,will be
preserved in the same confidential manner as all other medical records
and be retained in a separate file as provided by law.
D. Management's Responsibility
The City will maintain screening practices to identify employees who use illegal
drugs or abuse alcohol. Department Heads are responsible for implementing
this Drug Free Work Place policy. It is the responsibility of the supervisors to
observe the behavior of employees on the job as a precaution against unstable
or unreliable behavior which could threaten the safety and well-being of
employees and the community.
1. Supervisors are responsible for maintaining a safe work environment by
monitoring employees'behaviors and performance.
2. In the event a supervisor has a reasonable suspicion that an employee
may be under the influence of drugs or alcohol, the employee must be
sent for reasonable suspicion drug testing. A form for documenting
cause for a reasonable suspicion drug test is attached.
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3. In all cases when an employee is to be removed from duty for drug
testing, the Department Director and Director of Human Resources and
Risk Management must be immediately notified.
E. Employee's Responsibility
1. It is each employee's responsibility to be fit for duty when reporting for
work and to inform his/her supervisor if(s) he is under prescription or
non-prescription medication which may affect job performance.
2. In the event an employee observes behavior in another employee,which
raises a doubt as to that employee's ability to perform work in a safe,
reliable and trustworthy manner, the employee should report this
behavior to his/her supervisor.
3. Employees, who enter drug or alcohol treatment and/or rehabilitation
program voluntarily at the request or insistence of the City or, as a
condition of continued employment are required to fully participate in
and complete the recommended treatment. Any employee who enters a
drug or alcohol treatment and/or rehabilitation program will be
responsible for payment of the treatment and/or program. If the
employee fails to comply with the treatment and/or program, the
employee will be subject to discipline,up to and including termination.
F. Medical Review Officer's (MRO) Responsibilities
1. The MRO will review all information from the testing laboratory in the
event of a positive,confirmed test. The MRO will review any information
from the employee or job applicant regarding the use of medication or
other relevant medical information set forth in the form submitted prior
to drug testing.
2. The MRO may request that the testing laboratory provide quantification
of test results.
3. The MRO will provide confirmed test results to the Human Resources
representative from the City.
1.5 PROCEDURE
In order to maintain a drug and alcohol free work environment,the City will test for
the presence of alcohol and drugs in the following circumstances:
1. Pre-employment: Job applicants who have been offered a position of
employment and whose job requirements are that of a mandatory-
testing, safety-sensitive, or special-risk position are required to take a
drug and alcohol test.
2. Reasonable suspicion: Employees who are determined to be under
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reasonable suspicion of drug or alcohol use (as defined herein), are
required to take a drug and alcohol test.
3. Post-incident: Employees are required to take a drug and alcohol test
when the employee is involved in a job-related incident,which results in
any of the following: (a) discernable property damage, (b) the employee
receiving medical attention,or(c) the employee receiving a citation.
4. Random Testing: Employees are subject to random drug testing.
Random selection for testing is done by an independent third party by a
random computer generated list.
Employees who are required to maintain a Commercial Driver's License
(CDL) are subject to monthly random drug and alcohol testing in
compliance with Federal Law.
5. Fitness for duty: All employees who are subject to a routine fitness for
duty medical examinations are required to take a drug and alcohol test
as part of their medical examination.
6. Follow-up: All employees who have been referred to an employee
assistance program or rehabilitation program by the City for drug
and/or alcohol abuse are required to take drug and alcohol tests on a
quarterly basis for up to two (2) years after their return to work. These
stipulations may be codified in a Last Chance Agreement.
A. Consequences of Refusing a Drug Test
1. An employee who refuses to submit to a drug and alcohol test will be
subject to immediate termination. An employee who refuses to submit
to a drug test forfeits his/her eligibility for all workers' compensation
medical and indemnity benefits.
2. A job applicant, as defined in section 1.3, #9,who refuses to submit to a
drug and alcohol test will not be hired.
B. Actions Following a Positive Confirmed Test
The City may administer disciplinary action,up to and including termination,for
any employee who has a positive,confirmed drug or alcohol test.
C. Confidentiality
Confidentiality of records concerning drug and alcohol testing will be
maintained to the extent necessary to comply with this policy. All information,
reports, memos and drug test reports,written or otherwise, received by the City
through the drug testing program will be kept confidential as provided by law.
The City's Employee Assistance Program, laboratories, drug and alcohol
rehabilitation programs who receive or have access to information concerning
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drug test results shall keep all information confidential. No such information
will be released unless there is a voluntary written consent, signed by an
employee or job applicant, except where such release is compelled by a court
pursuant to an appeal taken under this section,or where deemed appropriate by
a professional or occupational licensing board in a related disciplinary
proceeding.
The City will maintain records concerning drug testing separate and apart from
an employee's or job applicant's file.
D. Reporting of Use of Medication
Employees and job applicants may confidentially report the use of prescription
or non-prescription medication both before and after having a drug test.
E. Notice of Common Medications
A list of most common medications, by brand name or common name, as
applicable,as well as by chemical name,which may alter or affect a drug test, is
listed below in section I. Employees and job applicants should review this list
prior to submitting to a drug test.
F. Medication Information
An employee or job applicant may consult with the testing laboratory for
technical information regarding prescription and non-prescription information.
G. Employee Assistance Program
Refer to the Employee Assistance Program Policy for the name, address and
telephone number of the City's current provider or contact the Human
Resources and Risk Management Department.
H. Drugs to be Tested
Drugs that will be tested are as follows:
1. Alcohol, including distilled spirits,wine, malt beverages and intoxicating
liquors.
2. Amphetamines
3. Cannabinoids
4. Cocaine
5. Phencyclidine (PCP)
6. Hallucinogens
7. Opiates
8. Methaqualone
9. Barbiturates
10.Benzodiazepines
11.Synthetic Narcotics
12. Designer Drugs
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13.A metabolite on any substance listed herein.
A list of drugs by brand names or common names includes:
Opium Dover's Powder, Paregoric,Parepectolin
Morphine Morphine,Pectoral Syrup
Codeine Tylenol with Codeine, Empirin with Codeine,
Robitussan A-C, Hydrocodone,Coke Crack
Heroin Diacetylmorphine,horse,smack
Hydromorphone Dilaudid
Meperidine Demerol,Mepergan
Methadone Dolophine,Methadone, Methadose
Other Narcotics Laam, Leritine, Numorphan, Percodan,
Tussiones, Fentanyl, Darvon, Talwin, Lomotil,
Lorcet,Vicodin,Percocet
Chloral Hydrate Noctec,Sommos
Barbiturates Phenobarbital, Tuinal, Amvtal, Nembutal,
Seconal,Lotusate
Benzodiazepines Atavan,Azene, Clonopin, Dalmane, Diazepam,
Librium, Xanax, Serax, Tranxene, Valium,
Verstran,Halcion,Paxipam,Restoril
Methaqualone Quaalude
Methamphetamine Methyl Ice
Glutethimide Doriden
Other Depressants Equanil,Miltown,Noludar,Placidyl,Valmid
NEW DRUGS - New drugs will be added to the list of controlled substances based on
amendments to the Florida Statutes and/or any federal law,rule,regulation or procedure.
PRESCRIPTION DRUGS
Many prescription drugs can alter or affect drug tests. Due to the large number of obscure
brand names and the constant marketing of new products, this list is illustrative and not
exhaustive.
Alcohol: All liquid medications containing ethyl alcohol (ethanol). Read the label for
alcohol content.
Amphetamines: Pbetrol,Biphetamine, Desoxyn,Dexedrine,Didrex,Lonamine,Fastin.
Cannabinoids: Marinol (Dronabinol,THC).
Cocaine: Cocaine, HCI topical solution (Roxanne)
Phencyclidine: Not legal by prescription
Methaqualone: Not legal by prescription
Opiates: Paregoric, Parepectolin, Donnagel PG, Norphine, Tylenol with Codeine,
Emperine with Codeine, APAP with Codeine, Aspirin with Codeine, Robitussin AC,
Guiatuss AC, Novahistine DH, Novahistine Expectorant, Diluadid (Hydromorphone),
MS Contin and Roxano (morphine sulfate), Percodan,Vicodin,Tussiorganidine,etc.
Barbiturates: Phenobarbitol, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorianl,
Fioricet, Esgic, Butisol,Mebarel,Butabarbital,Butalbital,Phrenilin,Triad,etc.
Benzodiazepine:Ativan,Azene,Clonopin, Dalmane, Diazepam, Librium,Xanax, Serax,
Tanzene,Valium,Verstran,Halcion,Paxipam,Restoril,Centrax,etc.
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Methadone: Dolophone,Metadose,etc.
Propoxyphene: Darvocet,Darvon N,Dolene,etc.
ANABOLIC/ANDROGENIC STEROID TESTING
Federal law placed anabolic steroids in Schedule III of the Controlled Substances Act (CSA)
as of February 27, 1991.
An employee or job applicant who is contacted by the MRO may confidentially report the
use of prescription medication(s) because the presence of these medications in the body
may have affected the outcome of the test.
I. Challenge of Test Results
1. An employee or a job applicant who receives a positive confirmed test
result may, within five (5) working days, submit information to the
Director of Human Resources and Risk Management explaining or
contesting the test result and explaining why the test result does not
constitute a violation of the City's policy.
2. If the explanation or challenge of the employee or job applicant is
unsatisfactory to the City, the City will provide a written explanation as
to why the employee or job applicant's explanation is unsatisfactory,and
a copy of the report of positive confirmed test results will be provided to
the employee or job applicant.
3. An employee may further challenge the results of the test in a court of
competent jurisdiction or, if the drug was administered due to a
workplace injury, by filing a claim for benefits with a judge of
compensation claims,pursuant to Chapter 440,Florida Statutes.
4. If an employee or job applicant contests the drug test results he/she
must notify the Medical Review Officer(MRO).
If anything in this policy is in conflict with a collective bargaining agreement, the collective
bargaining agreement shall control.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
ADDENDUM"F"
UNIFORMS
Recreation and Parks Department(Blue Collar)
Policy#: 04-013 (current information at time of ratification)
Ocean Lifeguard Uniforms
1. All first-year ocean lifeguards shall receive the following:
6 T-shirts (any combination of short or long sleeve)
• 2 pairs of trunks
• 2 female suits (females only)
• 1 sweat suit
• 1 raincoat
• 1 wide brimmed hat
• 1 winter jacket
• 1 sunglass leash
2. Each year the following items will be replaced:
• 6 T-shirts(any combination of short or long sleeve)
• 2 pairs of trunks
• 1 sunglass leash
• 2 female suits (females only)
3. In addition to # 2 above, every two years the returning ocean lifeguard shall
receive:
• 1 sweat suit
• 1 wide brimmed hat
4. Every five years ocean lifeguards shall receive:
• 1 raincoat
• 1 winter jacket
5. Documentation will be kept outlining what each lifeguard has received.
Police Department
Police Department employees covered by this Agreement will be issued uniforms pursuant
to their Department policy.
Fire Department(White Collar)
Fire Department employees covered by this Agreement will be issued uniforms pursuant to
their Department policy.
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SEIU Collective Bargaining Agreement-October 1,2017-September 30,2020
SIGNATURE PAGE
SEIU Blue Collar Unit
Agreed to this 19th day of December 2017 by and between the respective Parties through
the authorized representatives of the Union and the City.
SEIU Florida Public Services Union, City of Boynton Beach,Florida
CTW,CL
Confirmed by:9c'/C. % -. --`—
Alp onso Mayfield Lori LaVerriere
President City Manager
Appr.veda oF' m:
JaV es Cherof.
City Attorne
Attest:
L,,dat /
Ju' Py,/ / Steven B.Grant
C fy Clerk Mayor
Ratified by Union: Ratified by City of Boynton Beach:
On the 15th day of On the 19th day of
December 2017 December 2017
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SEIU Collective Bargaining Agreement -Ocotber 1,2017-September 30,2020