R01-017RESOLUTION NO. R01-/~~'
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, RATIFYING THE 2000-2003
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY
OF BOYNTON BEACH AND THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC (BLUE COLLAR
UNIT); AND PROVIDING AN EFFECTIVE DATE.
WHEREA~, the City and the National Conference of Firemen and Oilers, SEIU, AFL-
SIO, CLC (Blue Collar Unit) have been diligently negotiating a collective bargaining
agreement; and
WHEREAS, National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC (Blue
2ollar Unit) have ratified the attached Collective Bargaining Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The City Commission of the City of Boynton Beach, Florida does
lereby ratify the 2000-2003 Collective Bargaining Agreement between the City of Boynton
3each and the National Conference of Firemen and Oilers, SEIU, AFL-CIO, CLC (Blue Collar
Jnit), a copy of which is attached hereto as Exhibit "A".
Section 2.
~,TTEST:
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of February, 2001.
Vice Mayor
Co~ssioner
mmissioner
Commissioner
AGREEMENT
BETWEEN
THE CITY OF BOYNTON BEACH, FLORIDA
THE NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
LOCAL 1227
BLUE COLLAR BARGAINING UNIT
October 1, 2000 - September 30, 2003
RATIFIED BY CITY COMMISSION ON:
R~TIFIED BY UNION ON:
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TABLE OF CONTENTS
Preamble .....................................
Recognition ..................................
Rights of Employees ..........................
Strikes ......................................
Non-Discrimination ...........................
Representation of the City ...................
Union Representative .........................
Bulletin Boards ..............................
Grievance Procedure ..........................
Basic Work Week and Overtime ................
Sick Leave ..................................
Funeral Leave ...............................
Military Leave ...............................
Leave of Absence .............................
Jury Duty ....................................
Maintenance of Conditions ....................
Seniority, Layoff, Recall ....................................
Job Posting .................................................
Holidays .....................................
Vacation .....................................
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Wages ........................................
Safety and Health ............................
General Provisions ...........................
Savings Clause ...............................
Dues Deduction ...............................
Pension ......................................
Uniforms ...........................
Substance Abuse ..............................
Management Rights ............................
Probationary Period ..........................
BOnus Days ...........................
Longevity ............................
Duration ..............................
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ARTICLE 1
PREAMBLE
Section 1. This agreement is entered into by and between the City of Boynton Beach,
Florida, hereinafter referred to as the "Employer" or "City", and the National Conference
of Firemen' and Oilers, SE1U AFL-CIO, LOCAL 1227, hereinafter referred to as the
"Union".
The general purpose of this Agreement is to set forth terms and conditions of employment
and to promote orderly and meaningful labor relations for the mutual benefit of the City
of Boynton Beach in its capacity as an employer, the employees, and the citizens of
Boynton Beach. The parties recognized that the best interest of the community and the
job security of the employees of the City depend upon the City's success in establishing
and maintaining effective, proper and superior service to the community.
Section 2. The Parties agree that nothing in this agreement shall prohibit the parties
from meeting and discussing any items of mutual interest.
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ARTICLE 2
RECOGNITION
Section 1. The City of Boynton Beach hereby recognizes the National Conference of
Firemen and Oilers, SEIU LOCAL 1227 as exclusive representatives for the purpose of
bargaining collectively with the City relative to salaries and other conditions of
employment for all employees in the below described bargaining unit
Section 2. The Union and management will prepare a listing of new job titles to be
included into a unit clarification petition to the PERC in order to include all appropriate
bargaining unit members who received a position title change through implementation of
the City pay plan.
Section 3. Within thirty days of ratification, a committee shall be formed, which shall
include three representatives from the union and three representatives from management.
The purpose of the committee shall be to address concerns relative to the City's revised
job descriptions, duties, wage ranges, classifications, etc,. which employees may bring
forth to the committee. The role of this committee will cease six (6) months following
ratification of this agreement. Nothing herein shall limit either the Union or the City
from seeking unit clarification by petition to PERC.
Section 4. The bargaining unit shall be as approved by PERC. Nothing herein shall
prevent either party, or both jointly, from petitioning PERC for unit clarification.
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ARTICLE 3
RIGHTS OF EMPLOYEES
Section 1. The employees in the bargaining unit shall have the right to join or assist
the Union or to refrain from any such activity.
Section 2.
Article.
The City agrees to the preservation of employee rights as described in this
Section 3. All provisions of this Agreement shall be applied fairly and equitably to all
employees in the Bargaining Unit.
Section 4. Employees may request a Union representative to be present when they
believe a formally scheduled meeting with a supervisor may lead to discussions which
could form the basis of disciplinary action.
Section 5. The City will provide each new employees with a copy of this Agreement
at the time of their initial orientation.
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ARTICLE 4
STRIKES
Section 1. The National Conference of Firemen and Oilers Union, AFL-CIO,
LOCAL 1227 or their member agents or designees, agree during the life of this
Agreement that they shall have no right to engage in any work stoppage, slow down,
strike, or unlawful picketing.
Section 2. In the event of a strike, work stoppage or interference with the operation
and accomplishment of the mission of the City Administration, a state or international
representative of the Union shall promptly and publicly disavow such strike or work
stoppage and order the employees to return to work and attempt to bring about prompt
resumption of normal operations. The Union representatives shall notify the City 12
hours after commencement of such strike, what legitimate measures it has taken to
comply with the provisions of this Article.
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ARTICLE 5
NON-DISCRIMINATION
Section 1. The Employer and the Union agree that all provisions of the Agreement
shall be applied to all employees covered by it and the Employer and the Union affirm
their joint opposition to any discriminatory practices to the extent prohibited by law in
connection with employment.
Section 2. It is agreed that no employee shall be discriminated against, as prescribed
by State or Federal laws, in their employment because of race, creed, color, sex, age,
national origin, marital status, physical handicap, sexual orientation or membership or
non-membership in the Union.
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ARTICLE 6
REPRESENTATION OF THE CITY
Section 1. The City shall be represented by the City Manager, or a person or persons
designated in writing to the Union by the City Manager. All collective bargaining
agreements shall be approved in the manner provided by Chapter 447, Florida Statutes.
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ARTICLE 7
UNION REPRESENTATION
Section 1. The Union, as representatives of the employees in the bargaining unit
covered by the Agreement, shall have the right to present its views to Management on
matters of concern either orally or in writing. The "presentation of views" shall not be
construed to mean that the City shall be obligated to hold a formal hearing on any matter
put forth by the Union.
Section 2. The Employer agrees to recognize the officers, and stewards designated by
the Union as agents of the Union. The Union shall furnish written notice to the City
Manager's office of such designated Union officers or stewards prior to their appointment
becoming effective. The Employer recognizes the right of the Union to designate seven
(7) stewards and one chief steward from among the regular permanent employees in the
specified divisions.
Section 3. Non-employee officials of the Union shall, with proper notification, be
admitted to the property of the employer for purposes of administering the Agreement.
Union officials as designated above shall only be able to meet with employees in non-
work areas (i.e., break areas) and during non-work time.
Section 4. The City Manager will grant Union leave without pay for up to two
officers or stewards of the Union for up to a total of thirty (30) days per year in order that
they may attend conferences, seminars and similar events or other union activities related
to their representative function provided the leave does not adversely effect the on-going
day to day operations in the any department.
Section 5. The eight (8) stewards as designated herein may be released with pay at
the sole discretion of the department head or their designee, whose approval shall not be
unreasonably withheld, for the purposes of grievances, consultations with management to
settle issues prior to filing grievances, pre-determination hearings/meetings or when
requested by an employee to have union representation when being questioned by
management.
Stewards may use up to an accumulative total of 200 hours (100 hours for the chief
steward and 100 hours for all other stewards) per year for collective bargaining,
arbitration preparation and hearings. Hours may be transferred from steward to steward,
provided the total for all eight (8) stewards does not exceed 200 hours. If the total hours
used exceeds 200, then stewards may be released without pay, and only at the discretion
of the department head (or designee), whose approval shall not be unreasonably withheld
when releasing such employee does not adversely effect the on-going day to day
operations in any department. For purposes of this Article, a supervisor who must deny a
steward's request for time allowed for purposes outlined herein shall notify the steward in
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writing, within two days, of the reasons for the denial and when the steward can
reasonably expect to be granted the time to carry out the purpOse of his request.
Stewards shall maintain a Union Business time-out Slip which shall be processed to show
their accumulated hours used against the 200 hours per year granted. The form for this
purpose shall be attached hereto as Appendix "A" to this agreement.
Section 6. The membership of the bargaining unit shall be represented by the
President of the Union or by a person or persons designated in writing to the City
Manager. The President of the Union, or the person or persons designated shall have full
authority to conclude a Collective Bargaining Agreement on behalf of the Union subject
to a majority vote of those members of the Bargaining Unit voting on the question of
ratification. It is understood that the Union representative or representatives are the
official representative of the Union for the purpose of negotiating with the City. Such
negotiations entered into with persons other than those defined herein, regardless of their
position or association with the Union, shall be deemed unauthorized and shall have no
weight or authority in committing or in any way obligating the Union. It shall be the
responsibility of the Union to notify the City Manager in writing of any changes in the
designation of any certified representative of the Union.
Section 7. There shall be created a Union Time pool. Each employee member shall
be allowed to voluntarily contribute during the months of October and April, annual leave
for Union business. This time may be used for Union business, including negotiations,
upon request by the Union steward. A written request for the Union time pool shall be
submitted to the department head or the designee in advance of the requested time off for
attending conferences, seminars, and_union negotiations.
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ARTICLE 8
BULLETIN BOARDS
Section 1. The Union shall be provided space on bulletin boards at each location so
designated by the Employer in the areas where unit employees normally are assigned to
work for the use of LOCAL 1227. These bulletin boards shall be used for posting Union
notices, signed by a Union officer but restricted to the following:
Ao
B.
C.
D.
E.
Notices of Union recreational and social affairs;
Notices of Union elections and results of elections;
Notices of Union appointments and other official Union business;
Notices of Union meetings.
Union newsletter OnTrack (may be unsigned)
Section 2. All other information, including any notices containing any information
other than purpose, date, time and place may be posted on such designated areas and the
Union shall furnish the City Manager's office with a copy. All costs incidental to
preparing and posting of Union materials will be borne by the Union. The Union is
responsible for posting and removing approved material on its bulletin board and for
maintaining such bulletin boards in an orderly condition.
Section 3.
office.
The Union shall not post endorsements for candidates who are running for
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ARTICLE 9
GRIEVANCE PROCEDURES
Section 1. A grievance is defined as a dispute or disagreement involving the
application or interpretation of this Agreement. Issues or disputes which are not
grievances as so defined shall not be subject to arbitration, but may be processed through
the grievance procedure only after all attempts to resolve the dispute through labor
management meetings has failed. The term "day" shall mean, Monday through Friday,
exclusive of holidays recognized by this Agreement.
Section 2. No employee or group of employees may refuse to follow directions
pending the outcome of a grievance except where safety would be jeopardized.
Employees in the bargaining unit will follow all written and verbal directives, unless the
employee has an objective basis to believe that his/her health and safety is threatened.
Compliance with such directives will not in any way prejudice the employee's right to file
a grievance within the time limits contained herein, nor shall compliance affect the
ultimate resolution of the grievance.
The parties agree that the grievance procedure shall be the sole and exclusive method for
resolving any dispute involving the application or interpretation of this Agreement.
Section 3. All grievance statements of appeal and answer must be in writing.
Grievances not appealed to the next higher step within the prescribed time limits will be
considered settled on the basis of the last answer by management. Failure by
management to observe time limits for any step of the grievance procedure shall entitle
the employee to advance the grievance to the next step. Grievance time limits may be
extended by mutual written agreement of the Union and the City.
Section 4. Grievance and Appeal Procedure Steps
A. Employees who receive a verbal or written warnings may place a written
refutation into their personnel file to dispute the verbal warning or warning notice.
Should the employee not sustain an additional verbal or written warning for the same
offense within 24 months of the initial warning, the initial warning shall not be
considered toward progressive discipline.
B. Discipline, which is more severe than a written or verbal warning, but less severe
than a four-day suspension shall be appealed through the expedited grievance and
arbitration process. Unless the City and the Union agree within five (5) days to appoint a
heating officer, a heating officer shall be appointed bom a roster of mediators employed
by Mediation, Inc. The hearing officer shall be appointed with the understanding that the
hearing on the matter appealed will be heard within thirty (30) days following
appointment. Request for appointment of a heating officer shall be made by the City to
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the Office Administrator of Mediation, Inc. Neither party shall participate in the
selection of the hearing officer, but both the City and the Union shall be entitled to strike
(one strike each) the appointment of the hearing officer for good cause. Presentation by
either side shall be limited to two hours. Witnesses shall be limited to four for either
party. Court reporters and/or written briefs shall not be utilized by either party. The
arbitrator shall make a final and binding ruling immediately following the hearing
without explanation or the setting of precedent. The initial steps of the grievance
procedure shall apply to the expedited arbitration process:
C. Discipline that is more severe than a three-day suspension shall be appealed
through the existing grievance and arbitration process outlined below:
Step 1. Within five (5) days of the incident or the time which the employee should have
had knowledge of it, he/she may initiate a written complaint with his/her immediate
supervisor during regular working hours. He/she may have the Union steward present the
grievance to the supervisor if he/she desires. The discussion will include a description of
the action requested and the basis for the request. Within five (5) days, the immediate
supervisor shall respond to the employee with his/her decision in writing.
The written grievance should state the following: A. A statement of the grievance and the facts upon which it is based.
B. The Articles and Sections of this Agreement alleged to have been violated.
C. The action, remedy, or adjustment requested.
D. The signature of the aggrieved employee and or union representative and
date.
Failure to specifically state any of the four above items (items A-D) shall be grounds for
denial of the grievance.
Step 2. If the complaint has not been resolved in Step 1, within three (3) days the
employee may appeal to Step 2 to the Division Director. Within five (5) days of receipt
of the grievance, the Division Director will contact the aggrieved employee and schedule
a meeting within five (5) days to discuss the matter. The Division Director shall respond
in writing within five (5) days of the meeting.
Step 3. If the complaint is not resolved in Step 2, within three (3) days the employee may,
within three (3) days of the Step 2 decision, appeal to Step 3 to the Department Director.
Within five (5 days of receipt of the grievance, the Department Director will contact the
aggrieved employee and schedule a meeting within five (5) days to discuss the matter._
The Department Director or his/her designee shall respond in writing to the employee
within five (5) days of the meeting.
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Step 4. In the event the employee is not satisfied with the disposition of the grievance by
the Department Director, the employee shall have the right to appeal the decision to the
City Manager within seven (7) days of the date of issuance of the Department Director's
decision. Such appeal must be accompanied by the filing of a copy of the original
grievance, together with a copy of all written decisions issued under earlier steps of the
grievance process, along with a letter signed by the employee requesting that the
Department Director's decision be reversed. The City Manager shall meet with the
aggrieved employee and the Union representative if the Union President forwards a
written request outlining the merits of such a meeting. Otherwise, the City Manager or
his/her designee may schedule a meeting to discuss the grievance. Evidence not
presented by the employee at such meetings shall not be considered by an arbitrator if the
grievance progresses to Step 5. The City Manager or his/her designee shall render a
decision in writing within ten (10 days of the appeal or the meeting.
Step 5. In the event that a grievance is not settled under the foregoing steps of the
grievance procedure the employee is not satisfied with the disposition of the grievance by
the City Manager, and within ten (10) days of such decision, the dispute may be referred
by either party to an impartial arbitrator to be appointed by mutual agreement of the
parties. In case the City and the Union are unable to agree upon an impartial arbitrator
within fifteen (15) days after the conclusion of Step 4, then on application of either party
a petition may be made to the Federal Mediation and Conciliation Service in Washington,
D.C. to supply the parties with a panel of arbitrators. The parties will select an arbitrator
fi:om a panel by alternatively striking names fi:om the panel. The remaining arbitrator
shall be designated hereunder, to whom the grievance shall be submitted.
Section 5. The arbitrator shall have only jurisdiction and the authority to apply and
interpret the provisions of this Agreement. He/she shall not have jurisdiction to alter or
change in any way the provisions of this Agreement and shall confine his or her decision
solely to the issue of interpretation or application of the Agreement presented. The
decision of the arbitrator on any matter within his/her jurisdiction'shall be final and
binding on the Union, the City and the employees covered by the Agreement unless the
award is contrary to existing law or public policy, or is clearly erroneous as determined by
a reviewing court.
Section 6.
apply.
The heating shall be informal and the strict rules of evidence shall not
Section 7. The arbitrator's fee and expenses shall be divided equally by the parties. In
the event of a settlement, the arbitrator's fee and expenses shall be borne equally by the
parties, unless they agree otherwise.
Section 8. Either party to this Agreement desiring transcripts of the arbitration
hearings shall be responsible for the cost of such transcripts.
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ARTICLE 10
BASIC WORK WEEK AND OVERTIME
Section 1. The basic work week shall consist of forty (40) hours, unless otherwise
specified. The City Manager will establish and may change the basic work week and
hours of work best suited to meet the needs of the department and to provide superior
service to the community. Nothing in this Agreement shall be construed as a guarantee or
limitation of the number of hours worked per week.
Task Assignment - Sanitation
A. Employees shall be held responsible for satisfactory completion of a daily task
assignment.
B. Circumstances may arise which prevent task completion within the work day. In
that event management may direct crews to complete the route(s) that same day.
C. Crews who have completed their own routes may be asked to assist on other
routes in order to maintain essential service to the community. Overtime compensation
for employees that work these assignments will be determined in accordance with Section
2 of this Article. Trash personnel assigned to Garbage (4-10 hour days) may leave after
working the assigned hours for that day, and if assigned to garbage for three (3) days in a
work week, will be paid 10 hours each day, or the hours worked each day, whichever is
greater. Personnel normally assigned to Garbage (4-10 hour days) must report to work 3
days out of the work week to retain task status, or be on approved vacation or
administrative leave. If an employee assigned to garbage reports in sick for 2 days out of
the work week, he/she must report in for duty on Wednesday of that pay period. If an
employee is out sick for 3 days or more in a pay period, he/she will be paid and sick leave
will be charged based on 8 hour increments.
D. All task runs shall be equalized as closely as possible, as determined by the Public
Works Director.
Section 2. All authorized and approved work performed in excess of forty (40) hours
in any one work week shall be considered as overtime and shall be paid at the overtime
rate of one and one-half times the employee's straight time rate Employees who regularly
work a ten (10) hour task system assignment day shall receive ten (10) hours pay for each
observed holiday. Employees who regularly work an eight (8) hour task system day shall
receive eight (8) hours pay for each observed holiday. Employees who work on a holiday
shall receive compensation as provided in Article 18, Section 3.
Section 3. Employees shall be required to work overtime as directed unless excused
by a supervision. In the event any employee is required to work approved overtime,
he/she shall not be requested to use annual leave nor be placed in a "leave without pay"
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status during the basic work week in order to compensate or offset the overtime hours
worked or to be worked.
Section 4. An employee called back to work after having been relieved and having
left the assigned work station, or called in before his/her regularly scheduled work time,
shall be paid a minimum of two (2) hours pay at the rate of one and one-half (1 1/2)
times his/her basic hourly rate of pay when such callback is between the hours of 8:00
a.m. and 12:00 p.m. (midnight), and shall receive a minimum of three (3) hours at the rate
of one and one-half (1-1/2) times his/her basic hourly pay when such callback is between
the hours of 12:01 a.m. and 7:59 a.m. Employees shall be paid for the actual hours
worked for all hours worked in excess of the two (2) and three (3) hour minimum.
Section 5. Since the Utility Department is a seven (7) day per week continuous
operation, employees will have two (2) consecutive days off after completing their
regularly scheduled five day work week. In the event that an employee chooses to do so,
and it can properly be scheduled, their two days off per week may be split to
accommodate the needs of both the employee and the employer.
Section 6. Supervisors will provide no less than two (2) hours advance notice to
employees prior to the assignment of scheduled overtime, except in the case where the
supervisor has determined that the scheduling of overtime is done on an immediate basis
to meet the needs of the community.
Section 7. For purposes of overtime computation vacations, and the employee's use
of sick leave shall be considered as time worked. Funeral leave, holidays, jury duty,
annual military leave,, and other absences from duty on active pay status shall not be
considered as time worked for purposes of overtime computation.
Section 8. STANDBY TIME -- In order to provide coverage for services during off-
duty hours, it may be necessary to assign and schedule certain employees to standby
beeper duty. A standby beeper duty assignment is made by a department director or
his/her designee who requires an employee on his/her off-duty time, which may include
nights, weekends or holidays, to be available for work due to an urgent situation. The
employee shall receive seventy five ($75.00) dollars per week for each week that they are
assigned beeper duty.
Section 9. Full-time regular employees, who work eight (8) hours or more in any
scheduled work day shall have a fifteen (15) minute break twice a day - one during the
first four (4) hours of work and one during the second four (4) hours period. Any
employee group that would like to forgo their two fifteen minute breaks and add them on
to their lunch hour may do so upon a majority vote of the employee group. Regular
employees working less than eight (8) hours in any scheduled work day shall have one
fifteen (15) minute break during the scheduled work day. Generally, work breaks shall
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take place in the field and travel time to and from the work break site shall be inclusive of
the fifteen (15) minute break.
Section 10. For employees that have a scheduled lunch break, the lunch period shall
start when released by your the supervisor. Employees working out in the field shall be
permitted to remm to their work areas (10) ten minutes prior to lunch break for clean-up.
The maximum of ten (10) minutes travel time to and from the job site shall not be
counted as part of the lunch period, and stopping for personal business shall not be
permitted. Employees working out in the field shall be permitted to return to their work
areas at the close of the work day fifteen (15) minutes prior to punch-out times for the
purpose of clean-up, paperwork preparation, and putting up equipment.
Section 11. Employees cannot be in a work status more than seven (7) minutes prior or
seven (7) minutes after regular work day unless they have their supervisor's approval to
be in a work status. Each employee must be advised of the official start and ending time
of their department work day.
For purposes of overtime, the City will follow the Department of Labor's "7/8 Minute
Rule". This rule means that an employee will not be eligible for overtime until he/she has
been on the job for more than seven minutes, i.e. at the start of the 8th minute they would
then receive 15 minutes at the overtime rate as outlined above. Likewise if they work 23
minutes they would be paid at 30 minutes overtime or if they work 22 minutes they would
be paid for 15 minutes at time and a half. This procedure will also be followed if an
employee reports to work late. The emploYee shall be marked as tardy using the same 7/8
Minute rule, for purposes of calculating payroll, however, an employee will be deemed
"tardy" if they appear for work anytime after the designated starting time. Any employee
that is tardy is subject to appropriate discipline.
Section 12. It is understood that the clock designated by an employee's supervisor to
record arrival and departure shall be the clock against which timely reporting for work is
measured. If at any time, that clock is deemed inoperative, the immediate supervisor will
advise employees of the clock which will be utilized in lieu of it.
Section 13. Employees shall be required to perform work in a higher classification
only upon written memorandum by their supervisor. Employees who work in a higher
classification for twenty (20) continuous work days, shall receive a 5% increase in pay to
the first day of the assignment, or the minimum of the higher classification, whichever is
greater until returned to their regular classification.
Employees shall be required only upon written memo from their supervisor to perform
work in a higher classification for training purposes. In this connection, they shall
perform that work without a 5% increase in pay during the first twenty (20) days of
continuous work in such higher classification. Should such training in the higher
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classification continue beyond twenty (20) continuous work days, the employee shall
receive a 5% increase in pay or the minimum of the higher classification, whichever is
greater, retroactive to the first day of the assignment, until returned to their regular
classification.
Employees who are assigned to train another employee, shall be assigned in writing and
shall receive a 5% increase in pay during the time they are training another employee.
Incidental training of co-workers with less experience is expected in all job classifications
and is not compensable under this section.
Section 14 Compensatory Time. The Fair Labor Standards Act (FLSA) provides that
any employee of a public agency who has accrued compensatory time and requested use
of this time, shall be permitted to use such time within a "reasonable period" after making
the request, if such use does not "unduly disrupt" the operations of the agency. The use of
compensatory time must be pursuant to some form of agreement or understanding
between the employer and the employee in conjunction with the appropriate record
keeping documentation. SUPERVISORS MUST APPROVE COMPENSATORY TIME
PRIOR TO ITS ACCRUAL.
In compliance with the FLSA, the City will apply the following schedule for members of
this bargaining unit:
Compensatory time will be used at the same rate the overtime rate would be paid. The
compensatory time must be used within thirty (30) calendar days of the pay periOd in
which it was earned. Accumulation and use of compensatory time must have the prior
approval of the employee's supervisor. Employees may not carry forward a balance after
thirty (30) days. The employee must take the time or be paid within the thirty (30) days.
It is solely the employees choice as to whether he/she wishes to be paid for their overtime
at one and one half times their regular hourly rate of pay, or take compensatory time.
The City will not encourage employees to take one form of compensation over the other.
Section 15. A joint labor/management committee composed of an equal number of
representatives from the union and management shall meet within the first six months of
the ratification of this agreement to study and make recommendations on ways to
minimize overtime costs and standby costs. The committee shall also meet to discuss any
problems relating to the changes made in the agreement regarding this Article.
Section 16. Certification Pay. The City shall pay $500.00 for each non-job required
certification or license subject to department head approval. The City shall also pay the
actual certification or license fee. Department head approval or denial is not subject to
the grievance and arbitration process. This provision shall not operate to reduce
certification incentive pay policies currently being implemented by departments.
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Bargaining unit members who participate in departmental certification pay programs are
not entitled to participate in the $500.00 program set forth herein.
Section 17. Transfers. Employees may request a lateral transfer to any open position
for which they qualify. Management shall make every effort to place the employee
requesting the transfer prior to filling the position, 'however, this provision shall not
restrict management's right to select the most qualified individual to fill the position. If
the reason for the transfer is due to conflicts with supervisors or co-workers, the transfer
shall follow only after mediation through the Human Resource Department.
When an employee transfers to a lower position, the employee shall suffer no loss of pay
unless the employee's current hourly rate exceeds the maximum of the new, lower salary
scale. If the employee's hourly rate exceeds the maximum of the new, lower salary scale,
the employee's hourly rate shall be reduced only to the maximum rate of the lower scale.
Section 18. Emergency Pay Policy.
1. Whenever the City Manager declares that an emergency condition exists, and the
City Manager calls for preparedness actions to take place either before, during or after the
emergency, the City Manager may suspend those necessary provisions of the collective
bargaining agreement as long as the provisions regarding pay and benefits shall remain in
effect.
2. During any declared emergency called by the City Manager, City employees
represented by Local 1227 who are sent home fi:om work, and who do not provide a
service to the City, shall be credited with eight (8) hours of pay or shift time at their
regular straight-time rate of pay, for each work day they remain assigned at home during
the emergency. This eight(8) hours of credited pay or shift time shall be counted as time
worked for purposes of computing overtime.
3. Employees who are called in to work, and who provide a service to the City
during the time of the declared emergency, also shall be credited with eight (8) hours of
pay at their regular straight-time rate of pay or shift time for each work day during the
declared emergency. This eight (8) hours or shift time of credited pay shall be counted as
time worked for purposes of computing overtime. In addition, employees shall receive
their regular hourly rate of pay, at the appropriate rate of pay, for all hours actually
worked during the emergency.
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ARTICLE 11
SICK LEAVE
Section 1. An employee shall notify his/her immediate supervisor of his/her illness
within one (1) hour after before his/her normal work day begins. This procedure shall be
followed for each day the employee is unable to work unless prior approval is granted by
department management, wherein the employee notifies his/her supervisor of the length
of time he/she will be absent.
Section 2. Sick leave will be granted upon approval of the department director for the
following reasons:
A. Employee's health, or up to five (5) days per year for illness of immediate family
member the employee's parent, spouse, or child.
B. Medical, dental, or optical treatment which is determined in writing by a physician
to be necessary and must be performed during working hours.
C. Quarantine due to exposure to contagious disease.
D. In connection with Workers' Compensation and which shall remain status quo
during the term of this Agreement
E. Sick leave pay may be paid (in cash) to an employee for extraordinary
circumstances of hardship and may be granted if the employee has the amount of sick
leave credited to his/her sick leave account. The sick leave cash out may not exceed
eighty (80) hours and the employee must retain a minimum of 120 sick hours on the
books. Denial of sick leave pay will be made in writing stating the reasons for the denial.
Section 3. No employee shall be entitled to sick leave in the excess of the amount of
such leave accumulated to his/her credit. Employees may accumulate unlimited sick
leave.
Section 4.
leave.
An employee making a departmental transfer will retain any unused sick
Section 5. For all employees employed as of September 30, 1991, employees (or their
beneficiaries in the case of death) that have attained non-probationary status and are
regular employees will have payment made for unused sick leave at the rate. of one half
(1/2) of the total number of hours accumulated, not taken, upon termination in good
standing, or retirement or death. Employees hired after October 1, 1991, that have
attained permanent status and are regular employees will have payment made for unused
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sick leave at the rate specified in the table below, upon termination in good standing,
retirement or death.
Percent of
Continuous Years of Service
Accumulated Sick Leave
Less than 5 full years
More than 5 full years, but less than 10
full years
More than 10 full years, but less than 15
full years
More than 15 full years, but less than 20
full years
Upon retirement from City Service
0%
10%
15%
20%
30%
(Retirement shall include normal retirement, disability retirement, or early retirement as
defined in the appropriate Pension Plan).
Section 6. Unused sick leave may be accrued on an unlimited based on the currently
scheduled work week of forty (40) hours.
Employees may request and shall be covered by the provisions of the Family & Medical
Leave Act.
Sharing Sick Leave
(1) It shall be the policy of the City to permit an employee who has a minimum of
120 hours sick leave the oppommity of donating accrued sick leave time to a designated
employee whenever extraordinary circumstances require the designated employee to be
absent from work for a lengthy period of time, and when the employee has exhausted all
accrued sick and vacation leave down to 40 hours.
(2) Extraordinary circumstances shall be defined as lengthy hospitalization, critical
illness or injury.
(3) When there appears to be a need to share sick leave in accordance with Section 6.
A.2, bargaining unit members who are willing to contribute sick leave hours, must
confirm through the Finance Department that the hours are available, and shall submit a
Personnel Action form to the Personnel Office Human Resources Department for proper
charge to their sick leave records.
Section 7. No member shall be placed on restricted sick leave unless that employee
has had a counseling session with his/her Director or Department Head. During that
counseling session, the employee will be enforced informed of the reasons being
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considered for restricted sick leave. At that time, the employee will be given an
opportunity to explain the sick leave taken, however, the Department Director shall have
the sole discretion to place the employee on restricted sick leave. When an employee is
placed on restricted sick leave, the employee will be notified in writing of that fact. An
employee placed on restricted sick leave shall be re-evaluated in three months. If no
violation is noted the employee shall be removed from restricted sick leave status. If not
re-evaluated within five (5) working days after the three (3) month period, the employee
will be automatically removed from restricted sick leave. The employee shall receive a
letter from the Department Director stating that he/she is being removed from restricted
sick leave.
Section 8. WORKERS' COMPENSATION: Whenever an employee is totally
disabled from duty for a period of no more than seven (7) calendar days because of an
injury determined to be compensated under the provisions of the Workers' Compensation
Act, he/she shall be entitled to full regular pay.
If the period of disability is greater than 7 calendar days, the employee will be eligible to
receive a sum of money up to an amount equal to the difference between his/her workers'
compensation check and his/her normal net take home pay. The injured employee will be
eligible to receive the salary supplement for a period not to exceed three (3) months from
date of injury.
At the end of the three months, or sooner, the City Manager, Department Head, and
Human Resources Director (or their designee's) will review the case for a determination
of pay status. If continuation of the salary supplement is granted, it can be at any rate
determined equitable by the reviewing committee, but not to exceed an amount equal to
the net take home pay. In no case will the salary supplement be extended beyond six (6)
months from the date of injury.
After six (6) months from date of injury, the injured employee may elect to receive
accrued sick leave and after exhausted, vacation leave, in accordance with his/her regular
hourly wage, to the extent that his/her combined sick leave or vacation leave, City
supplement, (if less than the full amount authorized) and worker's compensation benefits
equal his/her regular weekly net take home salary. The employee must contact the payroll
clerk to qualify for the combined check.
It is incumbent on the employee to make application for disability in accordance with the
pension plan they are members of, or the insurance plan they are covered under. Failure
to do this automatically cancels the additional City benefits.
If the appropriate disability plan denies the claim, the additional City supplement benefit
will be canceled. If the appropriate disability plan accepts the claim, the salary
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supplement will be canceled after issuance of the disability pension check or at the end of
the time duration outlined above, whichever comes first.
If an employee who is receiving Worker's Compensation payment along with City
supplement, sick or vacation leave, is found to be working or receiving compensation for
his/her services elsewhere, during this period, he/she will be obligated to reimburse the
City for all medical expenses and supplement, sick or vacation pay taken and shall be
subject to dismissal.
Section 9. LIGHT DUTY -- Employees may remm to work with a Light Duty
Certificate and/or letter from their physician provided there is work available within the
Department that would comply with the Doctor's requirements. If there is no such work
available the employee will remain on sick leave status until he/she has a full release to
remm to work from his/her doctor.
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ARTICLE 12
FUNE~ LEAVE
Section 1. Bargaining unit employees shall be granted time off with pay to arrange
and/or attend funeral services in the event of death(s) in the immediate family as defined
in Section 2 of this Article. Proof of death will be required. Such time off will not
exceed five (5) working days for out of sate and three (3) consecutive working days for in
state. At the employee's option, five (5) working days out of state funeral leave may be
taken in two (2) segments of not less than two (2) days each, provided that all five (5)
days are taken within a sixty (60) day period, and documentation establishing out of state
travel related to the death is provided to the Human Resources Director.
Section 2. For purposes of this Article, the emplOyee's immediate family is defined as
a permanent employee's husband, wife, son, daughter, grandchild, son-in-law, daughter-
in-law, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, foster
parents, foster child, step-mother, or step-father or step-child.
Section 3. Funeral leave shall not be charged to vacation, compensatory time, or sick
leave and may not be used to trigger an overtime payment in any work period unless the
employee has worked in excess of 40 hours without the funeral leave computation.
Section 4. The City Manager may grant additional leave under this Section which
shall be debited against the employees annual or sick leave time or may be granted as
leave without pay.
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ARTICLE 13
MILITARY LEAVE
Section 1. All employees in the City service who are members of military reserve
units and who must attend annual training sessions are entitled to leave of absence with
full pay. The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and
Employees Leaves of Absence for Reserve or Guard Training, will grant up to seventeen
(17) calendar days with pay each year in order that such employees may fulfill their
military obligations.
Full-time permanent employees in the City service who are called to perform military
service will be granted a leave of absence without pay for such service in accordance with
the provisions of pUblic Law 93-508, Section 2021 - Right of Re-Employment of
Inducted Persons; Section 2024 - Right of Persons Who Enlist or are Called to Active
Duty; reserves.
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ARTICLE 14
LEAVE OF ABSENCE
Section 1. LEAVE WITHOUT PAY -- A regular employee may be granted leave of
absence without pay for a period not to exceed one (1) year for sickness, disability or
other good and sufficient reasons which are considered to be in the best interest of the
City. Such leave shall require the prior approval of the Department Head, Human
Resources Director and the City Manager. Employees that are on approved leave of
absence without pay will be responsible for paying all of their benefits, i.e. insurance, etc.
Except under unusual circumstances, voluntary separation from the City service in order
to accept employment not in the City service shall be considered as insufficient reason for
approval of a request for leave of absence without pay. If for any other reason, leave of
absence without pay is given, such leave of absence may subsequently be withdrawn and
the employee recalled to service. All employees on leave of absence without pay are
subject to applicable provisions of these rules.
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ARTICLE 15
JURY DUTY
Section 1. An employee who is legally summoned to serve on a jury or as a
subpoenaed witness in a case relevant to the City shall be permitted absence with pay for
the time required from such duty. However, such paid time will not be used in the
computation of any overtime for the pay period that the leave falls in unless the employee
works in excess of 40 hours in the pay period without the calculation of the jury duty
time.
Section 2. If an employee is called for jury duty he/she shall promptly notify his/her
immediate supervisor within five (5) days of receipt of the summons.
Section 3. In the event a holiday shall occur during the period of the employee jury
duty, he/she shall receive pay for such holiday at straight time.
Section 4. The employee must provide the department director with proof of jury
duty service, before compensation is approved.
Section 5. Payment for jury duty will be made as follows:
A. JURY DUTY/WITNESS FEES- All pay granted under this section must be
approved by the City Manager. Leave with pay may be authorized in order that regular
employees may serve required jury duty or a subpoena issued by a court of law to appear
as a witness on cases relevant to the City, provided that such leave is reported in advance
to the Human Resources Director. In order for the employee to receive their regular pay
for such leave the employee must deposit the money which he/she receives for jury duty
or as a witness with the City Finance Department for those days that coincide with his/her
work schedule. Employees can keep only travel expense money. Employees subpoenaed
as witnesses in cases unrelated to City business may take vacation leave in order to
receive pay.
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ARTICLE 16
MAINTENANCE OF CONDITIONS
Except as provided herein, the status quo as it pertains to conditions shall remain in
effect for the duration of this Agreement. Changes to rules and regulations which reflect
standing policy, past practices, management fights, minor changes, and changes which do
not impact on members of this unit may be made by the City upon notification to the
Union. There is no non-salary (wage or allowance) monetary benefit, except as set forth
or incorporated by reference in this Agreement.
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ARTICLE 17
SENIORITY & LAYOFF & RECALL
Section 1. For the purpose of this Contract, "seniority" shall be defined as the
employee's length of continuous service with the City of Boynton Beach. The City and
the Union recognize the value of an experienced work force and agree that an employee's
seniority shall be considered, along with the needs of the City, when affecting decisions
on vacations, promotions and shifts.
Section 2.
Employees shall lose their seniority for the following reasons:
a. Termination
b. Retirement
Resignation
Layoff exceeding the period of recall
Unexcused absences for three (3) or more days
Failure to report to the human resources office intention of
returning to work within five (5) days of receipt of recall as
verified by certified mail.
Failure to report from military leave within the time prescribed
Section 3. Layoff and recall of employees shall be handled in the following manner:
a. The City Manager may lay-off any employees
whenever such action is made necessary because of shortage
abolition of a position or changes in the work force.
in the bargaining unit
of work or funds, the
· However, no regular employee shall be laid off while there are employees
with less seniority or temporary or part time or provisional or probationary employees in
the same classification serving in the department where the lay-off occurs.
b. Whenever a layoff of one or more employees becomes necessary the City
· Manager shall notify the Union at least two weeks in advance of the intended action and
the reasons therefore.
c. Such layoff will be made in reverse order of seniority within the
department. Senior laid-off employees of the department shall be able to displace (bump)
junior department employees who are in any equivalent or lower classification for which
the bumping employee is eligible for or for which he qualifies.
d. Laid-off employees also shall have the fight to accept the lay-off. In this
connection, the laid-off employee shall have his name placed at the top of the eligibility
list for any position which becomes open, and for which the employee is qualified. The
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employee may pass or accept placement into any_such open position for a period of one
year.
Employees shall have recall rights for a period of one year from the date the lay-off took
affect. Upon recall, employees shall have all seniority and benefits restored with the
exception of any benefits that were cashed in during lay-off period.
Employees may also chose to accept the lay-off at the time of the initial lay-off and
receive a severance package of one months' wages. In this connection, the employee may
not reapply to a position within the City for one year from the date the lay-off took affect
and shall not be placed on the recall list.
e. It shall be incumbent on the laid-off employee to ensure the City has
information pertaining to his most recent address for the purpose of recall.
f. Employees shall be recalled in the inverse order of the layoff. The City
shall recall employees via a written document using the US Mail service. Recall letters
shall be sent certified, with a return receipt requested. Employee shall have ten (10)
business days to respond to the recall letter. A laid-off employee who is temporarily
unable to return to work due to medical reasons shall receive an extension of recall rights
not to exceed four (4) months.
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ARTICLE 18
JOB POSTING
Section 1. The City shall post, in the Human Resources Department, written
promotional examinations, 10 days prior to the test date. Whenever a vacancy in the
bargaining unit is to be filled, job announcements for that vacancy will be advertised
internally for 10 working days. A notice shall be mailed or sent by facsimile at the time
of posting, to the union. Applicants from within the City employee work force desiring to
fill such a vacancy shall apply in writing by filling out the appropriate application. Test
results shall be posted in the Human Resources Department and the applicable
Department by social security number.
Section 2.
A. Certification and selection for entrance positions: The Human Resources Director
as soon as feasible shall certify from the appropriate eligible list the three (3) persons
whose scores stand highest thereon, giving their names and examination grades.
Whenever a group of three (3) eligibles is certified, one of the candidates must be
appointed to the position under consideration. Only under exceptional conditions, as
practiced under the status quo conditions enjoyed by this bargaining unit shall the three
(3) names of eligibles be passed over. A request of this type shall be submitted in writing
by the Department Head to the Personnel Human Resources Director giving specific
reasons for rejecting each of the names on the list of eligibles for the next three (3)
eligibles whose standing is next highest on the list.
Eligibles not selected shall be returned to the register in accordance with their respective
grades. Such eligibles shall be recertified in groups considered a total of three times and
then removed from the eligible list. If more than one vacancy exists, certification will be
as outlined above with one additional name added for each vacancy. In the case of
identical scores, the eligibles will be submitted as tied and_considered for one position of
the three positions submitted.
B. Certification and selection for promotional positions: The Human Resources
Director shall as soon as feasible certify from the appropriate eligible list for each
vacancy, the names and scores of the three persons who stand highest on the eligible list.
Only under unusual conditions satisfactory to the appointing authority, who is the City
Manager, shall the names of the eligibles be passed over. Requests to by-pass the names
of the three highest persons on the list shall be submitted in writing by the Department
Head giving specific reasons why the persons whose names appear highest on the list
should be by-passed. The Human Resources Director then shall certify the name of the
next three highest on the list to the Department Head. If all three employees are passed
over under the provisions outlined in the preceding paragraph they shall be notified in
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writing by the Human Resources Director prior to certifications of the next three names
highest on the list.
Section 3. Budgeted and promotional vacancies occurring in any position within this
bargaining unit will be filled in accordance with the applicable status quo provisions
enjoyed by this bargaining unit.
Section 4. The City shall make every effort to fill open bargaining unit positions
within 60 days of the position becoming vacant, except in the last quarter of the fiscal
year.
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unit:
ARTICLE 19
HOLIDAYS
The following holidays shall be observed for employees in the bargaining
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
In addition, the employee may take his or her birthday, with notice to their supervisor.
Birthdays that fall on a weekend may be taken on Friday or Monday without prior notice.
If taken the birthday will be charged as a vacation day. Holidays are not cumulative or
interchangeable.
Section 2. For each observed holiday, a full-time employee shall be entitled to eight
(8) hours of pay at the employee's regular rate of pay, except where employees are
normally scheduled to work a ten (10) hour day. In that case, they shall receive ten (10)
hours of pay. In all events, where the employee is scheduled off for the holiday, the
employee shall be paid straight time for not working that holiday. In the event that an
employee is scheduled on during a holiday, the employee shall be paid their regular rate
of pay for working the holiday (at time and one-half) and shall be paid straight time for
the holiday. Hourly rate employees must work their regular work days immediately
before and after the holiday in order to receive pay for the holiday or be in an authorized
with pay status immediately before and after the holiday.
Section 3. A full-time employee required to work and who actually works on an
observed holiday shall receive time and one-half (1 1/2) their regular rate of pay for all'
hours worked in addition to that payment provided in SectiOn 2.
Section 4. The City will make every reasonable effort to schedule Sanitation
employees assigned to the Task System off on all holidays. In this connection, the
Sanitation employees who are scheduled offmay be scheduled to work on Wednesday of
the week in which the holiday falls.
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Section 5. Employees on vacation, annual military leave, jury duty, sick leave,
funeral leave, and other absences from duty, but on active pay stares on the day the
holiday is observed must use the holiday on the same day that it is earned. Holidays that
occur during vacation leave shall not be charged against such vacation leave.
Section 6. Holidays falling on a Saturday shall be observed the preceding Friday.
Holidays falling on Sunday shall be observed the following Monday,
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ARTICLE 20
VACATION
Section 1. The following outlines the vacation leave policy for the 40 hour employee:
Plan A: The following language and schedule apply to all full time employees with
an employment date prior to October 1, 1991.
Each full time employee shall earn vacation leave at the rate of one working day per
month during the first year of service. Each employee shall, at the end of each year
thereafter, be credited with additional vacation days (accumulated in hours) for each full
year of continuous service as outlined in the chart below. The number of days/hours
credited per year will not increase after the 21 st year of service unless the included chart
is amended. Employees on initial one year probation are not eligible to take vacation for
the first six months. Vacation may be accrued in accordance with the following schedule:
PLAN A
VACATION ACCRUAL POLICY
(Based on 40 hour work week)
Years of Service Vacation Days Vacation Hours
1 Years 12 96
2 Years 15 120
3 Years 15 120
4 Years 16 128
5 Years 17 136
6 Years 18 144
7 Years 19 152
8 Years 20 160
9 Years 21 168
10 Years 22 176
11 Years 22 176
12 Years 22 176
13 Years 22 176
14 Years 22 176
15 Years 22 176
16 Years 24 192
17 Years 24 192
18 Years 24 192
19 Years 24 192
20 Years 24 192
21 Years & After 25 200
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Vacation leave may be taken as earned subject to the approval of the Department Head
who shall schedule vacations so as to meet the operating requirements of the Department.
Employees may accrue vacation leave to a maximum of the leave earned in the most
recent two employment years. Vacation leave accrued during October 1 - September 30
may exceed this stated policy, however, any amount over the allowable maximum that
has not been used during that ( October 1 - September 30 ) period will be forfeited as of
September 30. However, employees who have been denied vacation shall have the
excess vacation hours paid to them, at their regular straight time rate of pay in the last pay
check of the fiscal year.
Vacation requests must be approved or denied within thirty (30) days of the date of the
request.
Employees may cash in up to eighty (80) hours of vacation for emergencies or
extraordinary cases of hardship if the employee has the time accrued in his/her account
provided, however, the combined cash out of sick and vacation in anY one contract year
shall not exceed eighty (80) hours. The employee may take advantage o f this right once
during the term of this Agreement.
Plan B:The following language and schedule apply to all full time employees with an
employment date of October 1, 1991 and thereafter. Each full time employee shall earn
vacation leave at the rates shown in the schedule outlined in this Section B. Each
employee shall at the end of each year be credited with additional vacation days
(accumulated in hours) for each full year of continuous service as noted in the chart
below. The number of days/hours credited per year will not increase after the 20th year
of service unless the schedule is amended. Employees on their initial one year probation
are not eligible to take vacation for the first six months of employment.
Vacation may be accrued in accordance with the following schedule:
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PLAN B
VACATION ACCRUAL POLICY
(Based on 40 hour work week)
Years of Service
Vacation Days
1 Year
2 Years but less than 5
5 Years but less than 10
10 Years but less than 20
20 Years and after
Vacation Hours
6 48
12 96
15 120
17 136
20 160
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ARTICLE 21
WAGES
Section 1. Reclassifications, upgrades or promotions, which are planned to occur at
the beginning of the fiscal year shall not be implemented in a manner and order, which
will defeat, diminish or avoid any of the base wage increase adjustments set forth in this
Agreement.
Effective the 2nd pay period following ratification of this agreement, and retroactive to
October 1, 2000, employees shall receive a 4% base wage increase. Employees who
have reached the maximum of their pay scale or who will be above top-out shall receive a
lump sum payment for the portion of the 4% increase which is above the maximum of
their pay scale.
Pay for performance evaluation forms shall be developed by the Human Resource
Department who shall seek input from the Union and the Department Heads, and shall be
completed by no later than April 1, 2001. The input from the Union shall be advisory to
the Human Resource Director and rejection of a recommendation shall not constitute
grounds for a grievance or an unfair labor practice. The first evaluation period under the
City's pay for performance program shall commence April 1, 2001 and end March 31,
2002. During the evaluation period(s), employees who receive a score of"satisfactory"
shall receive a 2% merit increase, employees who receive a score of"above satisfactory"
shall receive a 3% merit increase, and employees who receive a score of "outstanding"
shall receive a 4% merit increase. Employees who have reached the maximum of their
pay scale or who will be above top-out shall receive a lump sum payment for the portion
of the merit increase which is above the maximum of their pay scale.
On September 30, 2001, the maximum of each employees salary range shall be increased
by 5%. On October 1, 2001, all members of the bargaining unit shall receive a 2% base
wage increase. Employees who have reached the maximum of their pay scale or who will
be above top-out shall receive a lump sum payment for the portion of the 2% increase
which is above the maximum of their pay scale. On February 1, 2002, the employees
supervisor shall issue the employees preliminary performance evaluation. Employees
shall be evaluated in an unbiased and fair manner. A sixty (60) day review, guidance and
consultation period will follow which shall give the employee an opportunity to improve
his overall performance evaluation score. Employees shall be eligible for a 0%-4% merit
based, base wage increase as stated in paragraph three of this Article, payable on the
second pay period following April 1, 2002. Employees who have reached the maximum
of their pay scale or who will be above top-out shall receive a lump sum payment for the
portion of the merit increase which is above the maximum of their pay scale..
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On October 1, 2002, all members of the bargaining unit shall receive a 2% base wage
increase. Employees who have reached the maximum of their pay scale or who will be
above top-out shall receive a lump sum payment for the portion of the 2% increase which
is above the maximum of their pay scale. On February 1, 2003, the employees supervisor
shall issue the employees preliminary performance evaluation. Employees shall be
evaluated in an unbiased and fair manner. A sixty (60) day review, guidance and
consultation period will follow which shall give the employee an opportunity to improve
his overall performance evaluation score. Employees shall be eligible for a 0%-4% merit
based, base wage increase as stated in paragraph three of this Article, payable on the
second pay period following April 1, 2003. Employees who have reached the maximum
of their pay scale or who will be above top-out shall receive a lump sum payment for the
portion of the merit increase which is above the maximum of their pay scale.
All lump sum payments shall be pensionable.
Section 2 FAMILY HEALTH CARE RELIEF. Effective October 1, 2000, the City
shall provide employees covered by this Agreement with an additional 1% of bargaining
unit payroll (as established prior to the adjustments provided for in this Agreement) to
relieve the increased health care costs on employees. The parties agree to distribute the
amount to bargaining unit members in a manner determined by the bargaining unit.
Section 3. When an employee is advanced to a position in a higher classification
level, the employee will be placed within the appropriate classification level which will
provide a daily rate increase as follows:
ao
de
Promotion or regrade from non-exempt to exempt:
(+10% of mid point of new grade or to minimum of new grade level
whichever is greater)
Promotion or regrade of one grade:
(+ 5% of mid point of new grade or to minimum of new grade whichever
is greater
Promotion or regrade of two grades:
(+ 7.5% of mid point of new grade or to minimum of new grade whichever
is greater
Promotion or regrade of three or more grades:
(+10% of mid point of new grade or to minimum of new grade whichever
is greater)
Should management determine a newly hired employees' credentials warrant
receiving an annualized base salary above the entry level into the classification,
the new employee may start his/her employment with the City at no more than the
mid-point above the entry level rate for his/her classification.
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ARTICLE 22
SAFETY AND HEALTH
Section 1. The City shall comply with all State and Federal regulations pertaining to
the occupational safety of the members of this bargaining unit.
Section 2. Employees in classifications/positions where it is warranted, will receive
up to two (2) pairs of safety shoes/boots per year fi.om a list of safety shoes/boots chosen
by management. The City/Safety Committee will be responsible for deciding which
positions require the wearing of safety shoes based on OSHA standards and
recommendations. Management shall determine the type and quality of such shoes. The
employees designated to receive shoes will be allowed to chose directly fi.om the vendor,
or shall be reimbursed one hundred percent (100%) of the price of safety shoes/boots up
to $75.00 per pair.
If the employee wishes to be reimbursed, at the above scheduled rate, for the cost of
safety shoes, the employees must purchase the shoes at a vendor designated by the City.
The City will bid both the shoe van and a fixed store prior to designating a vendor. The
employee must submit a receipt for proof and amount of purchase. This will obligate the
employee to work each day in safety shoes. If these safety shoes become unsafe or
unusable based upon normal work related wear and tear, the City will authorize the
purchase of replacement shoes/boots for the employee. If these safety shoes become
unusable based upon conditions other than normal work related wear and tear, the
employee will be required to purchase, at their own expense, replacement safety shoes of
a similar kind.
Section 3. Those employees of the Beach Patrol who are assigned lifeguard duties
will be provided adequate protection from the sun and weather by the City. The City
agrees to provide masks or goggles, sunscreen lotion, bathing suits, and winter jackets as
required by the department for those assigned actual Beach Patrol duties.
Section4. The City shall make available immunization shots for tetanus, and
diphtheria for all members of the bargaining unit as requested on a voluntary basis.
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ARTICLE 23
GENERAL PROVISION
Section 1. The City and the Union agree to share the cost of reproducing this
Agreement in pocket size booklet form.
Section 2. Except in the case of negligence or misuse all employees requested to
furnish tools for their job shall receive replacement tools for tools broken in performance
of the City's work provided they furnish the City with a list of their personal tools
approved by their department head. Employees who are assigned City provided tools,
materials and items of value to perform their job, and who lose those tools, materials and
items of value, shall be responsible for replacing those lost tools, materials and items of
value. Tools stolen from their assigned City owned vehicle or City property shall be
replaced by the City, if there was not negligence in their loss. In the event that the
employee was negligent, the employee shall be responsible for the replacement of the
stolen tools.
Section 3. The City shall pay the total medical, hospitalization, and dental insurance
premium for all regular employees. The employees will pay the full cost of medical,
hospitalization and dental insurance for their dependents. Existing or comparable
coverage shall remain in effect for the duration of this Agreement; however in the event
the City can provide for alternative equivalent benefits options for employees then the
health insurance coverage for the employee and their dependents may be amended from
time to time. In this connection, should the employees' cost to provide dependent
coverage for their dependents increase more than 15 % during any fiscal year, the City
agrees to open this Article for the purpose of impact bargaining. The review and
selection of insurance coverage shall be made on an annual basis by the City. To that
end, the City will form an insurance committee to be comprised of an equal number of
non-represented members who are appointed by the City Manager and two members from
each of the city's bargaining units. Bargaining unit representatives shall be designated by
the Union. The final decision regarding selection of coverage is reserved to the City, but
the City shall strongly consider input and recommendations ~om the insurance
committee.
Section4. The employee shall be allowed to place written responses in their
personnel file and/or departmental work file when those responses relate to material
placed into the personnel file which has been prepared by the supervisors (i.e. reprimands,
written comments).
Section 5. A personnel file for all City employees is maintained by the City's Human
Resources Department. If a request is made to review an employee's personnel file by
someone other than the Department Director, the Human Resources Department Staff or
the City Manager's office, a notice will be sent to the employee notifying him/her of such
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a request. Consistent with State law, the City agrees that upon request, a member shall
have the right to inspect his/her own personnel records and shall have the right to make
duplicate copies of his/her records at no expense. The City will purge personnel files in
accordance with appropriate Florida State Statutes. The employee file maintained by the
Human Resources Department shall be the official file for each employee. Prior
disciplinary actions, beyond a three (3) year time frame, recorded on the employee
personnel file that are not pertinent to the particular action being considered, shall not be
referred to in any current disciplinary action.
Section 6. - Tuition Reimbursement: The City will provide reimbursement for tuition and
books for any full time permanent (completed their year's probation) employee who
chooses to obtain a High School degree, G.E.D. or equivalent, or who chooses to attend
an accredited college or university.
Except for enrollment in a G.E.D. or High School Equivalency program, employees
meeting this criteria will initially pay for tuition and books, and be reimbursed by the City
upon presentation of documented completion of the course. The employee who attains a
grade of "A" or better will receive 100% reimbursement; a grade of "B" or better, 75%
reimbursement; or a grade of "C" or better, 50% reimbursement of the tuition and books
for the course. In the event that the course is a mandatory pass/fail course, a grade of
"passing" shall be treated the same as a "C". Employees will receive no compensation for
a grade below "C". Employees who wish to enroll in a G.E.D. or High School
Equivalency program may, upon the submission of appropriate registration materials, be
advanced by the Finance Department, a check for the cost of registration and books.
Courses must lead to a degree in the field of discipline that may, in the opinion and with
the approval of committee, enhance the member's performance in their department. The
committee to review the vahdity of the course and degree program for which the
reimbursement is applied will be made up of the employee's Department Head, and the
Human Resources and Finance Directors or their designees. Approval for participation in
the reimbursement program must be made prior to enrolling in the course. The
committee will forward the recommendation to the City Manager who will have the final
approval for payment. Employees are eligible for a maximum of $750 per fiscal year on a
first come first served basis, but in no case will reimbursement funds be approved that
exceed the budgeted allowance. This benefit will not be retroactive and will only cover
classes taken in the fiscal year applied for.
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ARTICLE 24
SAVINGS CLAUSE
Section 1. If any article or section of this Agreement should be found invalid,
unlawful or not enforceable, by reason of any existing or subsequently enacted legislation
or by judicial authority, all other articles and sections of this Agreement shall remain in
full force and effect for the duration of this Agreement.
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ARTICLE 25
DUES DEDUCTION
Section 1. Employees covered by this Agreement may on the prescribed form,
authorize payroll deduction for the purpose of paying LOCAL 1227 dues. Employees
shall receive copies of the form from their Union office.
Section 2. The Union will initially notify the City as to the amount of dues. Such
notification will be certified to the City in writing over the signature of an authorized
officer of the Union. Changes in Union membership dues will be similarly certified to
the City and shall be done at least one (1) month in advance of the effective date of such
change. To revoke the payment of Union dues, the employee shall go to the Union office
and Union staff shall prepare and mail notice of such change to the City's Finance
Department.
Section 3. Dues shall be deducted each pay period and remitted monthly and the
funds shall be remitted along with a list of employees contributing to the Treasurer of
LOCAL 1227 within fifteen (15) days after the end of the month. The Union will
indemnify, defend and hold the City harmless against any claims made or suits instituted
against the City on account of payroll deduction of Union dues.
Section 4. For the purpose of putting this article into effect, the Union will furnish
forms for such individual authorization reading as folloWs:
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NOTICE TO EMPLOYER AND UNION AUTHORIZATION
FOR DEDUCTION/DISCONTINUATION OF UNION DUES
I hereby authorize my employer to deduct from my salary each pay period my Union
dues, as certified to the employer by the Union, and to transmit this amount to the
Treasurer of the Union.
I understand that this authorization is voluntary and I may revoke it at any time by giving
my employer and the Union thirty (30) days advance notice in writing.
Date Signature
Job Title Name Printed
Social Security No.
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ARTICLE 26
PENSION
Section 1. Employees will continue to participate in the employees pension plan of
the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's
annual actuarial valuation report will be provided to the Union, in its entirety, upon
request from the Union.
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ARTICLE 27
UNIFORMS
Section 1. The City will issue a newly-hired employee the follOwing properly fitted
standard industrial quality uniforms thirty (30) days after starting work:
5 Green short-sleeve or long-sleeve work shirts
5 Green work pants
5 Tee Shirts
Section 2. Employees have been furnished a uniform and must wear their uniform to
work. Bargaining unit members are being given a sufficient number of uniforms to make
a neat, clean appearance at work every day. Bargaining unit members will not be allowed
to start work each day unless they are in full uniform. Employees must purchase
additional uniforms if necessary to comply with this Section unless the uniform is
replaced pursuant to Section 6 of this Article.
Section 3. Bargaining unit members agree to maintain the uniforms and to hem the
pant leg(s) properly. (There will be no cutting or ripping of raw, unfinished edges, rolling
up, stapling or scotch taping.)
Section 4. The City Manager, in his/her sole discretion, may permit employees in
certain classifications to wear shorts. When worn, shorts must be neatly tailored from the
uniform pants and hemmed without frayed edges or cuts, and must fall within four (4")
inches of the kneecap. During the term of this agreement and thereafter, the City
Manager in his/her sole discretion may change the decision made under this Section and
the Union agrees to waive any bargaining over such changes.
Section 5. Bargaining unit members will be entitled to a reissue of properly fitted
standard industrial quality uniforms. Reissue of uniforms on an annual basis consists of 5
work pants and five work shirts, with an option of five T-shirts for every work shift.
(This option is determined by the employee's needs.)
Section 6. Uniforms destroyed or damaged while being worn on the job will be
replaced provided a memo outlining the cause of the damage is provided. All issues
being replaced must be turned in for the new issue and recorded.
Section 7. Bargaining unit members agree that they will not wear the uniforms any
other place except to and from work, and at work. City uniforms are not to be worn on
outside jobs, to be given to non-city employees, or worn in any public places that serve
alcoholic beverages.
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ARTICLE 28
SUBSTANCE ABUSE
Section 1. The NCFO, LOCAL 1227 recognizes and supports the City's Drag Free
Workplace Policy as adopted in Ordnance No. 92-51 and will work with the City to
enforce the provisions of the policy, It is recognized by the Union that the City's Drag
Free Workplace Policy applies to all members of this bargaining unit.
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ARTICLE 29
MANAGEMENT RIGHTS
Section 1. Except -- and only to the extent -- that specific provisions of this
Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and
will continue to retain, the right to organize, plan, direct, control, operate and manage its
affairs and those of its employees in whatever manner it deems appropriate in each and
every respect. The parties to this Agreement hereby agree that, in construing this section,
the legal principle that "the expression of one item is the exclusion of another" shall not
apply. Rather, full effect shall be given to the intention of the parties that
management shall retain all constitutional, ordinance, inherent, common law, or other
rights except to the extent specific provisions of this Agreement expressly provide
otherwise. The Union recognizes the prerogatives of the City to operate and manage its
affairs in all respects; and the powers and authority which the City has not abridged,
delegated or modified by this Agreement are retained by the City. The rights reserved to
the sole discretion of the City shall include, but not be limited to, the right:
A. To determine the purpose and mission of the City and all its employees, to
determine the amount of budget to be adopted, and to exercise control and discretion over
the organization and operation of the City in all respects including the 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.
B. To maintain economic stability.
C. To change or eliminate existing methods of operation, equipment, or facilities and
to adopt and implement technological changes or improvements including, but not
limited to, vehicles, and all other materials or supplies.
D. To determine the methods, income and personnel by which such operations are to
be conducted including the right to contract and sub-contract existing and future work.
E. To select, hire, test, classify, promote, train, assign, retain, evaluate, lay-off,
schedule, and determine the qualifications of all employees.
F. To suspend, demote, discharge, reprimand, or take other disciplinary action
against employees for just cause.
G. To determine the organization of City government.
H. To determine the purpose and extent of each of its constituents, departments and
positions therein.
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I. To set standards for service to be offered to the public, and standards
performance of duties of job assignments.
for the
J. To manage and direct the work of the employees of the City, including the right to
assign work and overtime.
K. To establish, determine, implement and maintain effective internal security
practices.
L. To determine the number, type and grades of positions or employees assigned to
an organizational unit, department or project.
M. To determine lunch, rest periods, and clean-up times, the starting and quitting
time, and the number of hours to be worked. Work schedules will be posted, and will not
be altered in the midst of normal pay periods.
N. To adopt or enforce cost or general improvement programs.
O. In a civil emergency, to use personnel in any lawful manner.
Section 2. If, in the sole discretion of the City, it is determined that civil emergency
conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions,
tornado, or other emergency conditions, the provisions of this Agreement may be
suspended by the City during the time of the declared emergency.
Section 3. The City has the right to impose something that is unilateral in nature, and
the Union has the right to object to that decision. If the City does impose something on a
unilateral basis and the Union fails to object to that decision within six (6) months, it
shall be considered f'mally imposed.
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ARTICLE 30
PROBATIONARY PERIOD
Section 1. All newly hired or rehired employees shall be subject to a probationary
period of-one (1) year.
Section 2. All promoted employees shall be subject to a probationary period of six
(6) months.
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INTENT
ARTICLE 31
BONUS DAYS
The intent of this Article is to establish a wellness program designed to minimize time
lost on the job and to help reduce the City's overall health insurance expenses. The City
recognizes that employees occasionally suffer from injuries or illness necessitating the
use of paid sick leave time off. However, this program provides incentive to reward those
employees who use sick time responsibly.
ACCRUAL
All full time City employees covered by this policy are eligible to receive a bonus
day for continuous attendance at work at the completion of each calendar quarter
that the employee has not used sick time during the previous quarter, nor has been
absent from work or on leave other than those paid leave categories recognized in
this document.
Bonus days shall be counted as vacation leave and subject to the provision set
forth for use of vacation.
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ARTICLE 32
LONGEVITY BENEFIT
PURPOSE
To provide benefit incentives to long-term employees, given recognition for continuous
and meritorious service. Longevity benefits are available within these guidelines:
Eligibility:
Employees eligible are those employees who:
a. Have been employed with the City on a regular full-time basis and continuous
basis for a minimum of five (5) years
b. Have an overall "Meets Standards: or above rating on the previous employee
evaluation
Benefit:
Employees will receive a cash Lump Sum Bonus as follows:
On the employees fifLh (5th) anniversary a lump sum payment of $500.00;
On the employees tenth (10th) anniversary a lump sum bonus payment of $1000.00;
On the employees fifteenth (15th) anniversary a lump sum bonus payment of $1,500.00;
On the employees twentieth (20th) anniversary a lump sum bonus payment of $2,000.00.
Procedures:
1. Any pay earned for Longevity Benefits is subject to required Federal deductions.
2. Each Department Director is responsible for projecting the number of employees
eligible for Longevity Benefits in their department and budget accordingly for
each fiscal year.
3. Benefits shall not be paid beyond termination pay-outs. Employees who terminate
from the City employment prior to their hire anniversary date will not be entitled
to benefits.
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ARTICLE 33
DURATION
Section 1. This Agreement shall become effective on ratification by both parties as
prescribed by Chapter 447, Florida Statutes and remain in full force and effect until
September 30, 2003.
Either party shall notify the other in writing not prior to March 1, 2003, expressing a
desire to negotiate a new collective bargaining unit.
Initial proposal and negotiations shall commence within sixty (60) days from receipt of
notice by either party.
Notwithstanding the effective date as set forth above, Article 21, and Article 32, shall be
retroactive to October 1, 2000.
Agreed to this (~ ~ day of
respective Parties ~-hrough the authorized retlresentatives of the Union and the City.
NATIONAL CONFERENCE OF
FIREMEN AND OILERS, SEIU, AFL-CIO, CLC
,200 t ., by and between the
CITY OF BOYNTON BEACH
BY:
Mayor
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APPROVED AS TO FORM
AND CORRECTNESS:
City Attorney
City Manager
Date ratified by Commission: __
Date ratified by Union:
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