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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. -2- 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 -5- 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 -6- 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 -7- 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) -12- ~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 -13- 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 -15- 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: