76-Z RESOLUTION NO. 76-Z
A RESOLUTION OF THE CITY OF BOYNTON BEACH,
FLORIDA, AUTHORIZING UNION AGREE1VfENT WITH
THE INTERNATIONAL BROTHERHOOD OF-FIREMEN
AND OILERS AFL-CIO, LOCAL 5.
WHEREAS, the City Council of the City of Boynton Beach, Florida,
has heretofore recognized the International Brotherhood of Firemen and
Oilers, AFL-CIO, Local 5, as the bargaining agent for the employees of the
Genera[ Services, Utilities and Recreation Departments of said City; and
WHEREAS, the City Council of said City is willing to enter into a
union agreement with the said International Brotherhood of Firemen and Oiler
AFL-CIO, Local 5, upon the terms and conditions as set forth in the proposed
union agreement, a Copy of which is attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the said proposed union agreement between the City
of Boynton Beach, Florida, and the International Brotherhood of Firemen and
Oilers, AFL-CIO, Local 5, a copy of which is attached hereto and hereby
made a part hereof by reference, is hereby approved and that the Mayor, or
in the absence of the Mayor, the Vice 1V[ayor, and the City Clerk, and in the
absence of the City Clerk, the Deputy Clerk, are authorized to act for the
City of Boynton Beach in entering into and executing the said union a~reement
PASSED AND ADOPTED this
CIT
By
~q~ day of May, A. D,,
OF BOYNTON BEACH,
1976.
FLORIDA
1V[ayor
ATTEST:
'bity Clerk
~r
Council Member
AGREEMENT
Between
THE CITY OF BOYNTON BEACH, FLORIDA
and
INTERNATIONAL BROTHERHOOD OF
FIREMEN AND OILERS AFL-CIO
LOCAL 5
DEFINITION OF TERNS
In the interest of improved understan~ng of terms used throughout
this agreement, parties hereby agree on the following definitions:
l) EMPLOYER- City of Bc0rnton Beach
2) STEWARD - An individual who is either appointed or elected to
represent the Union.
3) DISCRIMINATION - A practice, action (or failure of action),
segregation, or any other detrimental distinction based upon
considerations of race, re!igion~ color, sex, age, or national
origin.
4) REPRESENTATi~ OF THE UNION - A general term used to mean
Steward, Chief Steward, and/or an~..-other person designated in
writing to the City by the Union to represent the UD_~on and Bar~
gaining unit emplcryees in dealing with ms_nagement, irrespective of
whether the official or representative so designated is an employee
of the City.
5) BARGAINiNG UNIT ~LOYEES - Employees who are employed in the
recognized unit referred to in the recognition clause of this agree-
ment.
ARTICLE !
PREAMBLE
SECTION 1 - This agreement is entered into by the City of Boynton Beach,
Florida hereinafter referred to as the "City" and the International
Brotherhood of Firemen and Oilers, A.F.L. - C.I.O. Local 5 hereinafter
ref~err~d to as the "Union".
The general purpose of this agreement is to~eet forth terms and ccaditicas
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
empT~oyar, the employees, and the citizens of the City 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.
ARTICLE 2
.RECOGNITION
SECTION 1 - The City~ereb~,?:recognizes the International Brotherhood of
Firemen and Oilers, Local 5 as exclusive representatives for the purpose
of bargaining collectively with the City relative to salaries and other
conditions of employment for all empl6yees in the below described bar-
gaining unit. The Union recognizes it responsibilities of representing
the interest of City empl~oyees with' respect to grievances, collective
bargaining and other matters affecting their working conditions, subject
to the express limitations set forth in this Agreement.
SECTION 2 - The bargaining unit shall consist of ~h~ employees in the
roll,ring departments: Sanitation, Water, Sewer, Parks, Recreation,
Street, Garage and Building Maintenance De~artme'nt below Foremen Level.
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ARTICLE ~ ;:
RIGHTS OF EMPLOYEES
SECTION 1 - The Employees iu the barg&ining unit shall have the right
to join or assist the Union or to Refrain from an~ such activity.
SECTION 2 - The City agrees to the preservation of employee rights~ as
described in this Article. Nothing~in .the Agreement shall require an
employee to become or to remain a member of the Union or to pay any --
monies to the Union.
SECTION 3 - All provisions of this Agreement shall be ap~lte~:ffalrl~
kud .equitably to all employees in the Bargaining Unit. -
SECTION 4 - Employees in the Bargaining Unit shall have the right to
Union representation if the employee desires to meet with any super-
visory or managerial official via the appropriate chain of command, aas
more specifically described in Ar~-icle 9 of this agreement.
A~T~'C~ ~
PRGHIBiT~ON OF STRIKES
SECTION 1 - The Firemen and Oilers Union, A.F.L. - C.I.O., Local 5 or
their member agents or designee, 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 opperation and accomplishment of the mission of the City Ad-
ministration, a state or international representative of the Union shall
properly and publicly disavow such strike or work stoppage and order
the employees to return to work and attempt to bring about prompt re-
sumption of normal operations. The Union representatives shall notify
the City within twelve hours after aommencement of such strike, what
legitimate measures it has taken to comply with 'the provisions Of this
article.
ARTICLE 5
NON-DISCRIMINATION
SECTION 1 - The employer and the Union agree that ~he basic intent of
this agreement is to provide a fair days work in ret~mrn for a fair days
pay and to provide conditions or employment suitable, to maintain a compe-
tent work force. The Employer and the Union agree that all provisions
of this Agreement shall be applied to all employees covered by it and
the Employer and Union affirm their joint opposition to any discrimina-
tory practices in connection with employment, promotion, or training,
remembering the public interest requires the full utilization of employee's
skill and ability without regard to race, color~ creed, national origin,
sex or age.
.ARTICLE 6
REPRESENTATION OF-THE CITY
The City shall be represented by the City Manager, or a person or persons
designated in w~iting to the Union by the City Manager. The City Mana-
ger shall have. authority to execute an agreement on behalf of the City
upon being directed by an official action of the City Commission.
~_RTICLE 7
UNION REPRESENTATION
SECTION 1 - The Union, as representatives of the employees in the bar-
gaining unit covered by the Agreement, shall have the right to present
its views to M~nagement' on matters of concern either orally or in writing.
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 Union office or
stewardship prior to it becoming effective. The Employer recognizes
the right of the Union to designate seven (7) Stewards and one Cheil
Steward from ~mong the regular full time unit employees each in the
specified divisions.
SECTION 3 - Officials of the Union, as designated hereina~ov?? may,
with proper authorization, which will not be unduly withheld, be ad-
mi-tted to the property of the Employer. Officials as designated ~bove
shall be able'to talk with employees be£ore or after regular working
hours or during lunch hours of said employees on Public Emplbyer
property and areas mut~mally agreed on by the Union and the Employer.
SECTION 4 - Stewards shall be allowed reasonable time off without loss
of pay ~during their regular shift hours for investigating grievances;
however, each will first obtain written permission from his supervisor.
SECTION 5 - 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 made each year prior to April 1. The presi-
dent of the Union, or the person or persons designated by said President
shall have fUll authority to conclude a collective bargaining agreement
on behalf of the Union subject to a majority vote of those members .o~
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~wi~h
the Union, shall be deemed ~nauthorized and shall have no weight or
authority in committing orin any way obligating the Union. It shall
be the responsibility of the Union to notify the City l~anager in writing
of any changes in the resignation of any certified representative of
the Union.
ARTICLE 8
BULLETIN BOARDS
SECTION I - The Union shall be provided space on bulletin boards at each
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location so designated by the Employer in the areas where unit~ employees
no~mally are assigned to work for the use of-the Firemen and Oilers
Union, Local No. 5o These bulletin boards shall be used for posting
Union notices, signed by the Area Steward, but restricted to the following:
A. Notices of Union recreational and social affairs
B. Notices of Union elections and result of such elections
C. Notices of Union appointments and other offici~lUniGn Business.
D. ~!Notices of Union meetings.
SECTION 2 - All other information, including any notices containing
information other than purpose, date~ time and place, may be posted on
such designated areas only. upon the approval of the City Mangers Office.
All costs incident 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 boards and for maintaining such bul-
letin boards in an orderly condition~
ARTICLE 9
GRIEVANCE PROCEDURE
SECTION I - It Shall be the policy of the City of Boynton Beach to
provide a procedure for the presentation and mutual adjustment of points
of disa~reement'which may arise between employees and their supervisors,
and to assure employees that their problems and complaints will be con-
sidered fairly, honestly, and without reprisal.
SECTION 2 - The primay purpose of the grievance procedure is to determine
what is right rather than Who is right. Free discussion between employees
and supervisors will lead to a better understanding by both of the prac-
tices, policies and procedures which effect employment. It will also
serve to identify and help eliminate conditions which may, or conceivably
have caused misunderstanding and grievances. The purpose is defeated
if a spirit of conflict enters into the' consideration of a
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grievance. Supervisors and employees alike must realize and recognize
the true purpose of a grievance procedure if such procedur& i'~ to have
value in promoting the well-being of the City Service.
SECTION 3 - A grievance is defined as a complaint arising out of all~ged
violations concerning the applic~ation, interpretation o2'-compliance with
the provisions of this Agreement.
SECTION 4 - No employee or group of employees may refUse to follow direc-
tions pending the outcome of a grievance. Employees in the bargaining
unit will follow all written and verbal directives, even if such directives
are allegedly in conflict with the provisions of this Agreement. Com-
pliance 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.
SECTION 5 - Grievance discussions in the various Steps will be conducted
during the shift. The employee and the steward may request time to
appeal a'grievance to a higher gtep. The grievant and stewards shall
suffer no loss of pay or benefits in processing grievances through the
various Steps. Their immediate supervisor will grant the oppurtunity
so long as it does not interfere with work operations.
SECTION 6 - Grievance %i~e limits may be extended for good and sufficient
reason by mutual agreement of the Union and Management. All gri&vance
statements of appeal and answer after Step 1 must be in writing. Griev-
ances not appealed to the next higher Step within the prescribed time
limits will be considered settled on the basis of the last an~er 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.
SECTION ? - Grievance and Appeal Procedure Steps
Step I - Within Five (5) working days o~ the incident an employee
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may initiate a verbal complaint with his immediate supervisor during
regular working hours. He ma~ have the UniOn Steward presen~t if he
desires. The discussion will include a descr.iption of the action re-
quested and the basis for the request. Within%~o(2) working days,
the immediate supervisor will Yerbally notify the employee of his
decision.
Step 2 - If the complaint is not resolved in Step 1 within three (3)
working days the employee may appeal to Step 2 by submitting his com-
plaint or grievance in writing to the department director. The written
~rievance should set the following:
A statement of the grievance and the facts upon which it was
based.
2. The sectic~ of the Agreement alleged to violated.
The action, remedy, or adjustment requested.
The signature of the aggrieved employee, the Union Steward
if requested and the date of appeal.
The Department director will investigate the all~ge grievance and if
necessary will conduct a meeting with the aggrieved employee, the Union
Steward, and the immediate supervisor. Within five (5) working days
of the department directors receipt of the written grievanc% the de-
partment director will give his answer in writing. Information regarding
resolved grievances during Step I or Step 2 will be forwarded to the
City Manager's Office for filing.
Step ~ -
A. In the event that a grievance or dispute relating to the
meaning of an application of interpretation or compliance with the
provisons of this Agreement is not settled under the foregoing Steps
of the grievance procedure, suchdi'sp~te 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 the
impartial arbitrator within fifteen (15) days after the conclusion of
Step 3, then on application of either party petition maybe made to
the Federal Mediation and Conciliation Service in Washington, D.C. to
supply the parties a panel of Arbitrators. The parties will select
an Arbitrator from the panel by alternately striking names f~om the
panal.':~.~The remaining ~rbitrator shall be designated hereunder, to whom
an~ grievance or dispute shall be submitted shall have jurisdiction
aud the authority to apply and interpret the provisions of this Agree-
ment insofar as maybe necessary to the determination of such grievance.
He shall not have jurisdiction or authority to alter or change in any
way the provisions of this agreement. The decision of the Arbitrato~
on an~ matter withinhis jurisdiction shall be final ~ud binding on
the Union, the City, and the employees covered by the ~greement. The
expenses and fees of the Arbitrator shall be paid by both parties equally.
~RTICLE 10
BASIC WORK WEEK AND OVERT ~Y~E.
SECTION 1 - The basic work week shall consist of forty (40) hours unless
otherwise specified. City Manager will establish 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 Agree-
ment shall be coastrued as a guarantee or limitation of the number of
hours worked per week.
Task Assignment (Sanitation)
A. Employees shall be held responsible for completion of a daily
task assignment and a basic days work for route crews in the residential
and commercial division and shall consist of satisfactory completion
of the assigned route
B. Circumstances may arise in the residential ~ivision which be-
yond' the control of the employees and which prevent task completion
within~ the work~_~day. In that event management may direct crews to
complete the routes that same day. Time worked in excess of the daily
task assignment in a work day shall be c~nted toward the basic forty (4~)
hour work week.
C. Crews who have completed their own routes may be asked to as&ist
o~ other routes in order to maintain essential service to the Community.
In the event it becomes necessary to name this additional assignment
hours worked on this assignment shall be added to his actual work week
hour. Trash personne~ assigned to the Sanitation Department may leave
after working the assigned hours for that day.
D. All runs shall be equalized as near as possible.
SECTION 2 - Except for employees on Task Force, all authorized and .~t
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 s_nd one-half time the employees straight time rate of pay.
Task force employees wor~g holiday periods will receive their normal
40 hours.
SECTION 3 - E~ployees shall be required to work overtime as directed
~uless excused by supervision. In the event any employee' in the unit
is required to work approved overtime, he will not be requested to use
annual leave nor be placed in a "leave without pay,! status during basic
work week in order to compensate or offset the overtime hours worked
or to be worked.
SECTION 4 - Overtime work will be distributed e_quitably among employees
in their particular job classification, and their organizational ~ts,
as far as the character of the work permits. The City will maintain
overtime records and will make such information available to the Steward
of the unit upon request.
SECTION 5 - CALL BACK - Employees required to come to work during off
hours shall be paid time and one-half (1 1/2) for the actual time worked
plus &ne (1) hour bonus for the call back inconvenience. A minimum of
twe (2) hours pay shall be guaranteed of which one (1) hour shall be
the inconvenience bonus. The maximum any employe~ may receive the call
back inconvenience pay is twice india twenty-four (24) hour period. If
an employee is called back to work more than two (2) times in a twenty-
four (24) hour period, he shall be paid at his applicable rate from the
the time of notice to the time the employee returns home. All hours
worked on a call back shall be counted toward computing the weekly over-
time.
Section 6 - Where the Water and Sewer Departments is a seven day continuous
operation, employees will have two (2) consecutive days off after com-
pleting their regularly scheduled five day work week.
ARTICLE ll
SICK LEAVE
SECTION I - Au employee shall notify his immediate supervisor of his U.
illness within one (1) hour after his normal work day begins.- This
procedure shall be followed for each day the employe.e is ~nable to work,
unless prior approval is granted by department management.
SECTION 2 - Sick leave will be granted upon approval of the department
director for the following reasons:
(1) Employee's health
i (2) Medical, dental, or optical treatment which is necessary during
work~ ng hours. '
(3)Quarantine due to exposure to contagious disease
(4) In connectlou with Workmen~s Compensation as stated in City's
Rules &nd regulations.
SECTION 3 - No employee shall be entitled to sick leave in the excess
of the amount of such leave accumulated to his credit. Employees may
accumulate unlimited sick leave.
SECTION 4 - An employee making a departmental transfer will retain ~
unused sick leave.
SECTION .5 - Upon retirement, retirement due to disability oF death, em~ployees
(or their beneficiary in case of death) may convert accumulated sick time
at a rate of one (1) day of pay for two (2) days of accumulated sick leave.
Au employee with over bne~(~.-) year service shall recieve converted sick
leave in the above manner upon termination. (See Civil Service Rule
Section 4)
SECTION 6 - Unused sick leave may be 'accrued uulimited~ based on the
currently scheduled work week of forty (40) hours. In the event an em-
ployee has used all his sick leave he may draw against his annual leave
for the full amomut he has accumulated.
ARTICLE 12
FUNERAL LEAVE
SECTION 1 - Bargaining Unit employees shall be granted time off with pay
to arrange mud/or attend funeral services in the event of death (s) in
the immediate family as defined in Section 2 of this Articl& ~ Such time
off will not exceed five (5) consecutive working days.for out of state
and three (3) consecutive days for in state.
SECTION 2 - The employee's immediate family is defined as au employee's.
husband, wife, son~ daughter, father, father-in~.law, mother-in-law, brother,
sister, Grandparents of a permanent employee or any other bloo~ relative
living in the same household for the ~ast six months with proof.
SECTION 3- Funeral leave shall not be charged to.vacation, compensatory
time, or sick leave.
SECTION 4 - The Employee shall provide the department director with proof
of death in the immediate family as defined before compensation is -approved.
..ARTICLE lq
I~ILITA/Tf LEAVE
SECTION 'I- Any permenant employee who presents official orders requiring
his attendance for a period 'of training or other active duty as a member
of the United States Armed Forces and the National Guard may be entitled
to Military Leave not to exceed seventeen (17) days annually. The rein-
statement or revision of the Federal Draft System would also be-allowed
up to twenty five (25) months- An employee receiving the seventeen (17)
days training shall receive regular pay. '- '
ARTICLE l~
LEAVE WITHOUT PA~
SECTION I - Employees may request Leave of Absence without Pay.' The
Oity N~mnager may authorize leaves without pay to an emplOyee up %o thirty
(30) days for reasons that do not affect the City. The City NSmuager may
authorize leave without pay beyond this time but not exceeding three (3)
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~onths; except a non service injury which may be extended to one (1) year
after accumulated sick leave and vacation leave are expired." '~:
SEGTION 2~'.~ An employee granted a leave of absence must keep his department
advised of his current address. An employee on an authorized leave of
absence who obtains ~ither a part-time or full time employment elsewhere
required to notify his department in writing within three (3) days of
accepting such employment. Failure to comply with this section may re-
sult in the employee being dropped from Leave of Absence status in which
case he must return to duty or be dismissed.
SECTION 3 - Failure to return to work at the expiration of approved leave
shall be cons~dered~a~s absence without leave and grounds for dismi~'s~l.
SECTION 4 - No seniority or other benefits shall be lost because of leave
of absences up to thirty (30) days.
ARTICLE 15
Jury Duty
SECTION 1.-An employee who is legally summoned to serve on a jury or as
a subpho&ned witness shall be permitted absence with pay for the time re-
quired from such duty.
SECTION 2 - If an employee is called for jury duty he shall promptly
notify his immediate supervisor.
SECTION 3-~I~the Event a holiday shall occur during the period of. the
employee~- jury duty, he shall receive pay for such holiday.
SECTION 4-The employee shall provide the department director with pro6f
of jury duty service before compensation is approved.
ARTICLE 16
MAINTENA3~CE OF BENEFITS
All existing benefits covering City Employees as outlined in the Personue!
Rules and regulations book and other City Poliby that is not now incorporated
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i~the Union Agreement will remain in Full force and affect along with all pro-
visions of this agreement for the duration of the Labor Agreement.
ARTICLE 17
SENIORITY AND RE~JCTION-IN-FORCE
SECTION I - City Seniority is understood to mean an employee's most recent date
of employment or reemployment. Seniority will continue to accrue during all types
of leave except Leave of Absence Without Pay for more that'thirty (30)calendar
days which shall cause this date to be adjusted for an equivalent amotmt of time.
~eave of Ab sence?.~Without Pay 'for periods of thirty (30) &anendar days or less shall
not cause the City Seniority date to be adjusted.
A. City Seniority shall be used for purpose of computing vacations,
service awards and other matters based on length of service.
SECTION 2 - Departmental Seniority shall be understood to mean length of time in
the department. After successful completion of the probation period, length of
time in the department reverts to date of entry, transfer or 'promotion to the pre-
sent department. Seniority will continue to accrue during all types of leave
except for Leave of Absence of thirty (30) calendar days or more which shall cause
this date to be adjusted for an equivalent amount of time. Leave of Absences with-
out pay for periods of less than_: thirty (30) calendar days shall not cause the
Departmental SSniority date to be adjusted.
SECTION 3 - All newly hired employees shall be placed on probation for a period of
12 months. Promoted employees shall serve a probation of 6 months in their promo-
tional position. All employees on probationary status shall be eligible for
membership in the Union and shall be entitled to the benefits outlined in this
Agreement and the Rules and Regulations of the City as pertained to probationary
status employees.
SECTION 4 - Employees shall lose their seniority as a result of the following:
(a) Voluntary termination
(b) Retirement
(c) Termination for cause
(d) Lay off exceeding 12 months
(~) Failure to report to the department head intention of returning to
work within five (5) days of return receipt verification in,cases
of recall.
(f) Failure to return from Military Leave within the time limits prescribed
by law.
SECTION 5 - 'In the event of a lay off the city of Boynton Beach will notify
employees thirty (30) days prior to said notice whenever possible. A copy
of the lay off notice alcag with the up to date Departmental Seniority
list will be sent to the Union.
A. Where merit and fitness are equal, departmental seniority shall
be the determining factor.
· B. ~U~der this Agreement when a reduction 6f force i's neSeossary,~..pro-
~bational and provisional employees will be laid off first and
shall have recall rights after permanent employees.
In the case of a -~eduction in force in a department of a higher
classification employee with higher departmental seniority, that
~ employee at his G~n option may replace an employee with less de-
partmental seniority in a lower classification at the lower
classification salary schedule. -
An employee in this bargaining unit ~annot exercise seniority
unless he is displaced or a vacancy exists as outlined in this
Agreement.
SECTION 6 - Recall Employees in layoff status w~l! retain Recall-rights
for Twelve (12) months and shall have preference to work over applicants
on eligible test. Recall will be made by certified mail to the last ad-
dress in the employee's records. Within fi~e (5) work days of the certified
receipt d~te, laid off 'employees must signify their intention of return-
Lug to work to the personnel office.
'Recall will be offered to laid off employees provided they are
physically qualified to perform the duties of the job~ A laid~_
off employee, when offered Recall, who is temporarily unable to
accept due to medical reasons, may request a leave of absence
not to exceed thirty (30) days.
When employees are recalled from layoff because of an increase
in work, the employees with the greatest classification seniority
shall be recalled in the reverse order they were laid off.
SECTION~ 7 - Job.~ Bidding and Posting - Notice of a vacancy in an existing
p6siti0~ or in a new!y'-cheated positioH shatT'~be posted at places accessible
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to employees affected as well as city wide for a period of flee (5) work-'
ing days in the Department concerned if not f~lled by then' mu~t be posted
on all City bulletin boards the remaining 25 days. S~ch notice will set
forth the title of the position to be filled, hours of work, ~ and rate of
Applicants from the Division affected desiring to fill such vacancy
shall apply in writing to the official of the City designated in
the notice. If the applicant is eligible for said position, he
shall fill the vacancy. If in the case applicants are equal on
the basis of merit and ~fitness, seniority will be the determining
factor.
Applicants from other Divisions city wide shall be given second
consideration if eligible on the basis of merit and fitness.
If within thirty (30) days after posting of said' notice of. vacancy
in the judgement of the City Manager, no existing employee is eli-
gible for the vacancy, an applicant from outside the City shall
be considered.
D. In the event that a vacancy occurs ina Division where an employee
once held that vacant position but due to a reduction in force
was obligated to take a job in the Division at a lower classifi-
cation he wiTl be given first consideration for the vacancy within
the first six months the said reduction-in-force occurred.
ARTICLE 18
HOLIDAYS
SECTION t - The following holidays shall be observed:
New Tear[s Day
Washington's Birthday
Memorial Day
Independence Day'
Labor Day
Columbus Day
Veteran's ~Day
Thanksgiving
Christmas Day
Day preceding Christmas
SECTION 2 - Employees covered by this Agreement shall receive eight (8)
hours 'off with pay-for each holi~ay earned. 'All holidays earned must be
taken as they occur; accumulation shall not be allowed. If after the ap-
proval of the City Manager it becomes necessary for an employee to work
on a holiday, the employee shall be given c6mpensation as stated above.
Task force employees working their normal schedule during a ho~iday period
shall receive their normal pay.
SECTION 3 - Employees on vacation, aonual military leave, jury duty, sick
leave, funeral leave, and other absences from duty, but on active pay
status on the day the holiday is observed must use the holiday on the same
day that it is earned. Holidays that occur during vacatioa leave shall
not be charged against such vacation leave.
SECTION 4 - Holidays falt~ng on a Saturday shall be observed the preced-
~ Friday. Holidays falling on S~uday shall be observed the following
Monday.
SECTION 5 - The City Manager will determine which departments or opera-
tions will be closed in observance of the holiday.
ARTICLE 19.
VACATI ON
SECTION I - Application for vacation leave shall be made in advance of use.
A minimum of two (2) weeks advance notice is required. In emergency cases,
departmental m~nagement may waive this requirement-j Nainten~nce of superior
service and adherence to schedules are ~ommitments which may compel de-
partment m~nagement to restric~ the scheduling of vacation during certain
periods of the year. When practicable, and in the best interest of the
City, a department director may require the use of vacation tim& %n ~amounts
of forty (40) or more hours. When a request for vacation is denied the
employee will be notified in writing.
SECTION 2 - Employees shall accrue paid vacations on the following basis:
Each full time employee shall earn vacation leave at the rate of one work-
_~ng day per month during the first two years service. Each employ~ e.~hall
at the end of each year thereafter be credited with one-half day, (4 hours)
per year additional vacation leave for each full year of continuous service,
but no additional credit shall be earned after his or her 15t~ year of
service. Employees on probation may accrue vacation. Paid vacation may
be taken as it is earned.
SECTION 3 - There may be payment in advance for vacation leave with the
approval of the City ~nager. An employee may carry over any accumulated
vacation time and cannot be paid in lieu of taking vacation leave.
SECTION 4 - An employee, or his designated beneficiary in case of death
shall receive full payment for' all earned vacation leave upon separation
of service at the rate of his final biweekly or ~ourly wage or salary.
Vacation leave is earned each week or service, not on au' annual basis.
ARTICLE 20
WAGES
SECTION 1 - Wage Increases for the year 1975 - 1976 to begin October 1,
1975 will be in the amount as indicated for all classifications covered
by this agreement.
ARTICLE 21
SAFETY ANDP~hLTH
o
SECTION 1'- Departmental Management will make every reasonable effort to
provide and maintain sBfe working conditions. To ~t~is end the Union wi!l
cooperate and encourage the employees to work in a safe marker. Also,
lI~nagement will receive and consider writ%eh recommendations with~-respect
to unsafe conditions or other safety ideas frgmany employee or the
SECTION 2 - Subject to Sec%ion 3 of this Articl% Departmental lf~nagement
will provide proper and necessary safety equipment and devices for employees
engaged in'.work where such special equipment and devices are necessary.
Such equipment and devices where provided must be used. Failure by em-
ployees to utilize provided equipment or devices wit~be subject to
-18-
disciplinary measures.
SECTION 3 - Departmental ~a~nagement agrees to continue the present practice
of providing uniforms and periodic replacement items to employees, includ-
ing workgt~oves, etc., when requested and then and ordy~upon presentation'
of the worn or damaged article to the foreman.
ARTICLE 22
GENERAL PROVISIONS
SECTION 1 - The City agrees to prepare twenty of these Agreements in
printed form. '
ARTICLE 2~
SAVINGS CLAUSE
SECTION 1 - If any article or section of the Agreement should be found
invalid, unlawful, or not enforceable, by reason of any existing or sub-
-sequent!y 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 Agree~ment.
.ARTICLE. 24
.DUES DEDUCTIONS
SECTION 1 - Effective emp~byees covered by this Agreement
may on'the prescribed form, authorize payroll deductions for the purpose of
paying Local 5 dues.
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.
SECTION 3 - Dues shall be deducted each pay period and remitted monthly
and the funds shall be remitted to the Treasurer of Local 5 with fifteen
'(15) days after the end of the month. The Union will indemm~, defend,
and hold the City harmless against any claims made or su' .s'mnst!tuted
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:
(See attached)
ARTICLE 25
~.; pREVAILING RIGHTS'
~ECTION:I - This agreement and references to the Personnel Rules and Regu-
lations and the City ordinances constitutes the entire and fUll Agreement
of the parties. Any matter contained in the Rules and Regulations shall
remain in effect during the term of this Agreement.
ARTICLE 26
DURATION OF AGREEMENT
SECTION 1'- After a majority of those bargaining unit members voting on
the question of ratification and thereafter, upo~its ratiflcatlonbymotion
of the City Commission ratifying the Agreement and authorizing the Mayor
and City MaBager to sign the Agreement on behalf of the City, then, the
Agreement, upon being signed by the appropriate Union representatives and
City officials, shall ~ecome effective and remain in
full force and effective until September ~0, 1976.
On or before April l, 1976, the Union and/or the City shall notify the
other in writlng of their intention to ~enego~iate the Agreement in force
and attached thereto the Union shall include a list of proposals which
shall inform the City of the items which it desires to negotiate, initial
discussions shall thereafter and not later than thirty (~0) days be entered
into between the City and the Union for negotiation of provision additions
or deletions to the Agreement in force.
IN WITNESS WHEREOF, we. have hereto affixed our signatures this
date of , 1976.
FOR THE UNION:
FOR THE CiTT: